A Human Rights-Based Approach to Truth and Reconciliation

Abstract

This paper focuses on the work and experience of the United Nations (UN) Office of the High Commissioner for Human Rights (OHCHR) in promoting and assisting truth-seeking and reconciliation processes from a human rights perspective, in the context of transitional justice processes. It maps the normative and operational framework to engage in such processes from a human rights perspective, describes the development of an internationally recognized right to the truth for victims of gross violations of human rights, and presents examples of participation and truth-seeking mechanisms for the realization of the right to the truth, namely national consultations and truth commissions. Finally, it addresses the issue of how human-rights-based truth and reconciliation processes can complement justice processes and result in improvements in access to justice for Indigenous Peoples. Since 2002, OHCHR has promoted, supported and assisted truth and reconciliation processes in conflict and post-conflict contexts, as part of transitional justice processes. For OHCHR and the UN generally, the notion of transitional justice is concerned with how societies emerging from conflict or from repressive rule address the legacy of past violations of human rights and international humanitarian law. In this context, transitional justice mechanisms should be understood