A/HRC/28/77
76.
Fact-finding and investigations into violence should be undertaken at the earliest
possible stage, including investigation of deaths, injuries, enforced disappearance and other
serious violations and acts of violence against individual members of communities.
Fact-finding should include an assessment of whether an ongoing or continuing risk of
violence exists. Where the threat of continuing violence exists, an appropriate law
enforcement response should be ensured either via the maintenance or strengthening of a
law enforcement presence.
77.
States should ensure equal and effective access to justice and accountability
measures as a means to redress the legacies of human rights violations and atrocity crimes,
ensure accountability, serve justice and achieve reconciliation. States should ensure that
there is an enabling environment for minorities to access formal justice, including by
guaranteeing their personal safety and security, identifying and overcoming legislative,
administrative, social or cultural barriers that minorities, especially women, may face in
exercising their right to access to justice. Such barriers may include onerous and
discriminatory rules of evidence and procedural requirements, amnesty and immunity
provisions. Community level justice initiatives may play a role, provided that they uphold
basic human rights standards, including with regards to women’s rights.
78.
Transitional justice processes and mechanisms should be considered as a critical
component of any framework aimed at restoring and strengthening the rule of law, provided
that they are accessible, independent, impartial and effective for receiving, investigating and
adjudicating complaints arising from an individual or groups of individuals belonging to
minorities, including women and those who are most marginalized. Transitional justice
processes and mechanisms should be informed by the four pillars underpinning transitional
justice and accountability measures: the right to truth at both an individual and social level,
the right to justice, the right to reparation and the guarantee of non-recurrence.
79.
Post-violence truth, justice and reconciliation programmes should be designed with
the full participation of the minority communities affected. They must be sensitive to the
ways in which the deliberate targeting of people on the basis of their nationality, ethnic or
religious identity may cause distinctive harms and should aim at empowering minority
victims and providing justice and reparations, as well as restoring their dignity and life
chances. Recovery and peacebuilding programmes and strategies in post-violence settings
should be designed to reflect the interlinked and mutually reinforcing nature of
development, peace and security and human rights issues affecting minorities.
80.
In post-conflict situations, States should acknowledge the violence inflicted upon
targeted groups. To that end, States should acknowledge the pivotal role of documentation,
preservation and presentation of memory in the reconstruction of societies. States should
take concrete measures to build a collective understanding of the past and strengthen the
process of healing, including through the reconstruction of symbolic sites, socially
determined spaces and infrastructures, commemoration events, or the erection of
monuments. Particular attention should be given to the ways in which memory and
mourning processes are framed, collected and perpetuated, including in the media and the
education system.
2.
Recommendations to non-State actors
81.
The work of humanitarian actors in post-conflict and post-violence settings should
be guided by the principles of humanity, neutrality, impartiality and independence. It should
pay particular attention to ensuring that assistance reaches affected minority communities
and that no discrimination or exclusion in access to assistance is experienced by minorities.
Timely assistance should be provided to minority women who may be survivors of sexual
violence, as should comprehensive health services, including sexual and reproductive health
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