To develop procedures and institutions at
national level to facilitate dialogue among
political parties, communities, organisations,
and other groups in order to prevent conflicts
and disputes arising in the future
To develop programmes to ensure that
persons subjected to persecution, torture and
other forms of abuse receive rehabilitative
treatment and support
To receive and consider complaints from the
public and to take such action in regard to the
complaints as it considers appropriate
To develop mechanisms for early detection of
areas of potential conflicts and disputes and
to take appropriate preventive measures
To conciliate and mediate disputes among
communities, organisations and individuals
To recommend legislation to ensure that
assistance, including documentation, is
rendered to persons affected by conflicts,
pandemics or other circumstances
record of the past as well as the rights of individual
victims or communities and families of victims to have
access to the truth of past violations and justice for
such violations.3
The Commission shall have power to set up a
Mediation Committee or any such mechanism of its
choice for purposes of mediating conflicts and
promoting dialogue among conflicting parties at
national and local level.
The Commission shall have power to establish a
Victim Support Unit which shall take all necessary
measures to ensure that persons subjected to
persecution, torture and other forms of abuse receive
rehabilitative treatment and support
The Commission shall have power to set up
mechanisms for the reception of complaints from the
public on any matter regarding the disturbance of
peace, presence of violence or threats of potential for
violence
Catered for by section 3 (2) (b) of the current NPRC
Bill
Catered for by section 3 (2) (b) of the NPRC Bill.
The Commission shall have power to set up a
Documentation and Archival Unit or any other
mechanisms of its choice for the purposes of
documentation of past conflicts/pandemic and
accounting for all the victims, and recommend
legislative measures and other reforms necessary to
avoid recurrence of such conflicts / pandemics.
5.0 Amnesties
The current NPRC Bill in section 19 (1) (e)
gives the Commission power to make
regulations that may provide for the
procedure and conditions for the granting of
pardon.
This section placed under
Miscellaneous Provisions is curious because
the previous draft shared with stakeholders
had this provision in Section 3 (2) (c) which
giving
the
Commission
power
to
recommend amnesty. Amnesty provisions
featured again in the then section 9 (15).
However, the current Bill features ‘pardon’
hidden away in the miscellaneous provisions.
In essence, the Bill is trying here to smuggle
in the issue of amnesties without giving it the
The United Nations on Amnesties
Most importantly, amnesties that prevent the
prosecution of individuals who may be legally
responsible for war crimes, genocide, crimes
against humanity and other gross violations of
human rights are inconsistent with States’
obligations under various sources of international
law as well as with United Nations policy. In
addition, amnesties may not restrict the right of
victims of violations of human rights or of war
crimes to an effective remedy and reparations; nor
may they impede either victims’ or societies’ right to
know the truth about such violations. … Amnesties
that exempt from criminal sanction those
responsible for atrocious crimes in the hope of
securing peace have often failed to achieve their
aim and have instead emboldened their
beneficiaries to commit further crimes.
3
Study on the right to the truth by the Office of the High Commissioner for Human Rights. See
United Nations Rule of Law Tools for Post-Conflict
E/CN.4/2006/91
States – Amnesties, HR/PUB/09/1
9
NTJWG Analysis of the NPRC Bill, March 2017