I n s t i t u t e fo r j us t ice a n d r eco n ci l iat i o n a fr ic a pr o g r a m m e
these complex issues is difficult, especially within the highly polarised political contexts that
often follow wars, civil unrest and authoritarian rule. Reconciliation requires individuals to
think beyond the idea of ‘me and my future’ and embrace the concept of ‘we and our future’
– it creates the basis for a new way of living and facilitates the restoration of peace.
Redress
Redress is similar to reparations, and involves attempting to return victims to the position
they were in before they were abused or violated. Compensating wronged parties financially
or taking care of their medical needs can achieve redress, as long as victims agree to the
fairness of these measures.
Rehabilitation
This is a process which restores either an individual or a community that has been involved
in human-rights abuses. It involves a range of activities including counselling, medical care,
social services, legal assistance, job training and education, and aims to reduce or minimise
the impact of past violations. Rehabilitation is the process of restoring an individual’s full
health and reputation after the trauma of a serious attack on his or her physical or mental
integrity. It also aims to restore what has been lost, and seeks to achieve maximum physical
and psychological fitness by addressing the individual, the family, local communities and
ultimately society as a whole.
Reparations
Reparations involve actions, or money paid, by the state or other designated bodies to make
amends for wrongs done. Discussed above as one of the primary areas of transitional justice,
reparations help repair the material and moral damages of past abuse.35 They typically
constitute a mix of material and symbolic benefits to victims. Such benefits may include
financial compensation and official apologies. States remain responsible for reparations even
where the government that committed past violations no longer exists. States also have an
obligation to enforce domestic judgements against responsible parties. Where perpetrators
are unable or unwilling to meet their obligations, the state should assume this responsibility,
especially where a state was either partially complicit or failed to take adequate preventive
action to prevent human-rights abuses from taking place.
Restitution
This is a remedy that seeks to restore a person to the situation they were in, or would have
been in, had it not been for the unlawful action of another. It is the act of making up for loss
or injury. Restitution includes: resettlement in one’s place of prior residence; the return of
confiscated property; and the restoration of liberty, employment, family unity, legal rights
and citizenship. States should make special efforts to ensure that individual criminal records
are cleared of illegitimate and politically motivated convictions related to government
repression.
Restorative justice
This involves cooperative processes aimed at addressing past wrongs with an emphasis on
the need for healing both the wronged and the wrongdoers. Parties involved in a specific
offence collectively resolve how to deal with the aftermath of that offence. It implies restoring
a normalised everyday life, and recreating and confirming people’s sense of being and
belonging. The objectives of restorative justice are to:
35 United Nations. Rule-of-Law Tools for Post-Conflict States.
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