The Global Experience of Transitional Justice:
The Right to Reparations in Transitional Justice
Jürgen Schurr
Legal Adviser at REDRESS, London
Much of REDRESS’s work with victims of torture takes place during or after
conflict or post repressive regimes, and therefore falls broadly within a context of
‘transition’. In this respect, REDRESS’s focus is primarily on the accountability
of perpetrators and providing reparation to victims. Over the past twenty years
of REDRESS’s existence, processes of transition have taken place in almost all
countries that REDRESS works in, all over the world: in Latin America, in Peru
and Chile; to some extent in Eastern Europe after the fall of the Iron Curtain;
in Asia in Nepal, the Philippines, and to some extent in Sri Lanka; as well as in
many African countries, including Rwanda, Sierra Leone, Liberia, South Africa
and many others. Interesting transition processes are also currently ongoing in
North Africa, in Tunisia, Libya and Egypt – all countries recovering from decades
of repressive regimes.
What is transitional justice, or justice in transition? The UN Rule of Law and
Transitional Justice Report of 2004 says that transitional justice is ‘the full range
of processes and mechanisms associated with a society’s attempt to come to
terms with a legacy of large-scale past abuses, in order to ensure accountability,
serve justice and achieve reconciliation’.1
The components of transitional justice, according to the UN, can include
both judicial and non-judicial processes and mechanisms, including
prosecution initiatives, facilitating initiatives in respect of the right
to truth, delivering reparations, institutional reform and national
consultations. Whatever combination is chosen must be in conformity
with international legal standards and obligations [my emphasis].2
1
United Nations, The Rule of Law and Transitional Justice in Conflict and Post-conflict
Societies: Report of the Secretary-General (S/2004/616), available at <http://www.unrol.org/
files/2004%20report.pdf>. Accessed 10 Apr. 2103.
2
United Nations, Guidance Note of the Secretary-General: United Nations Approach
to Transitional Justice, March 2010, <http://www.unrol.org/files/TJ_Guidance_Note_
March_2010FINAL.pdf>. Accessed on 25 Feb. 2013.
International Conference on Transitional Justice, Zimbabwe
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