A/HRC/24/50
outreach to indigenous communities and organizations that addressed their rights. 103 In
Colombia, where there are ongoing debates regarding how to provide reparations for the
victims of human rights abuses committed during the country’s internal armed conflict,
indigenous peoples have taken a leading role in the development of a decree to address the
issue of reparations for indigenous and Afro-Colombian communities.
99.
Additional requirements for transitional justice in the indigenous context include
that truth-seeking processes should not be viewed as a tool to legitimize the current
governance structures but rather should proceed on a nation-to-nation basis.104 In addition,
they should be designed to focus on historical as well as contemporary grievances suffered
collectively.105 They should also be considered as part of a much broader strategy to address
ongoing human rights abuses suffered by indigenous peoples, including, for example,
political empowerment, and implementation of economic, social and cultural rights. Truth
commissions must be accessible to indigenous peoples, which can include ensuring
processes in indigenous languages and/or interpretation, and must ensure the participation
of indigenous women and youth. Because the sharing of traumatic experiences can lead to
retraumatization, culturally appropriate support services must be provided.
100. Finally, it should be recognized that, for truth commissions to succeed, the process is
as important as the outcome.106 Commissions must include broad and ongoing consultations
with indigenous peoples at all stages. Governments should consult in good faith and obtain
the free, prior and informed consent of indigenous peoples for legislative or administrative
measures that affect them.
103
104
105
106
22
Laura Young, “A challenging nexus: transitional justice and indigenous peoples in Africa”, submitted
to the Africa Institute of South Africa (2012).
Courtney Jung, “Transitional justice for indigenous peoples in a non-traditional society”
(2009).
Note also the submission from France on the role played by collectives in relevant proceedings.
Seminar on access to justice: Florencia Librizzi.