The Global Experience of Transitional Justice
reparation in an adequate form. Today, a wide range of international human
rights treaties and declarative instruments include a right to reparation for victims
of human rights abuses, in particular the UN’s Basic Principles and Guidelines
on the right to a remedy and reparation.3
What does that obligation imply for states? States must put in place a range
of measures to meet the victims’ right to reparation, which includes a procedural
and a substantive aspect. Procedurally, states must enable victims to have their
cases heard, providing judicial or public recognition, while, on the substantive
side, states have to ensure that at the end of that process victims can obtain
certain forms of reparation.
Reparation can come in different forms, yet ideally it is a combination of
material and symbolic measures taken to address the harm done to victims. The
UN’s Basic Principles provide for five forms of reparation: restitution, compen
sation, rehabilitation, satisfaction, and guarantees of non-repetition. I shall not
go into detail as to what these different forms can include, though it is important
to emphasize that states have a certain degree of flexibility in the measures they
take to provide these forms of reparation; ideally, a reparation mechanism in
a transitional justice process will include a combination of all these forms of
reparation. A good example of how states have approached the wide-ranging
forms of reparation is Morocco, where a truth commission was established to
deal with decades of human rights abuses, and reparation measures included
financial compensation to families as well as psychological and long-term medical
assistance for victims, in addition to symbolic reparation measures.
The degree of flexibility that states have in providing reparation is important,
as victims’ perceptions of reparations and the reparations process will always be
different, depending on the context and situation that victims find themselves
in. Victims in the midst of a conflict with security concerns will not find time to
think about reparation, but that does not mean that they do not need or want
reparation at a later stage. In Argentina, the immediate concern of victims was
to find out about the ‘disappeared’ people, to establish the truth and to punish
those responsible. Other forms of reparation, in particular compensation, were
regarded as secondary, or even discarded, as many found it distasteful to be
paid for the loss of a loved one. However, at later stage, a significant reparations
3
United Nations, Basic Principles and Guidelines on the Right to a Remedy and Reparation
for Victims of Gross Violations of International Human Rights Law and Serious Violations
of International Humanitarian Law (A/RES/60/147), available at <http://www.undemocracy.
com/A-RES-60-147.pdf>. Accessed 12 Apr. 2013.
International Conference on Transitional Justice, Zimbabwe
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