communities, truth commissions and national human rights institutions). Lastly,
those deemed ineligible to work in the State institution concerned are removed
from public service. Vetting mechanisms must comply with the basic principles
of procedural fairness, including the right to appeal a decision, and should not
disproportionally target national minorities.
ii. Truth commissions55
Truth commissions are independent commissions of inquiry established by the
State with a mandate to investigate and report on current or past human rights
abuses and to recommend reparations as well as other reforms to prevent the
recurrence of conflict. Truth commissions can also be vested with quasi-judicial
powers, such as being able to rule on reparation claims or to compel witnesses
to testify. They are victim-centred in nature and work directly with them by
taking statements, holding public hearings and investigating facts, causes and
circumstances surrounding past abuses. They can help victims belonging to
minority communities to achieve reparations and recognition from the State for
abuses committed against them and can make the prosecution of perpetrators
possible. Truth commissions can be an effective tool for tackling past atrocities
in post-conflict situations when State institutions are not able to investigate
all abuses vigorously and fairly. By gathering information and recommending
prosecutions as well as other reforms (such as institutional reform and vetting),
they can pave the way for addressing violations committed against national
minorities, play a part in crafting a shared narrative about the conflict, act as a
conflict-prevention tool and contribute to reconciliation.
iii. Access to judicial remedies56
States should provide equal access to an effective judicial remedy to victims
of serious human rights violations. Besides criminal prosecution, this should
include the possibility of civil lawsuits, including by groups of victims as part
of collective redress. Legal assistance should be made available to minority
victims (see Recommendation 4). States should also investigate and prosecute
individuals who committed serious human rights violations during the conflict
in question. It is important that crimes committed against persons belonging to
national minorities are tackled thoroughly and impartially. Within the investigation
and prosecution, particular attention should be paid to instances of genderbased violence perpetrated against minority women and cases of missing
55
56
UN Security Council (2004) Report of the Secretary-General: The Rule of Law and Transitional Justice in
Conflict and Post-Conflict Societies, section XIV.
UN Security Council (2004) Report of the Secretary-General: The Rule of Law and Transitional Justice in
Conflict and Post-Conflict Societies, section XII.
The Graz Recommendations on Access to Justice and National Minorities
39