Call for inputs – Transitional justice measures and the legacy of human rights violations in colonial contexts



The Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence, Mr. Fabian Salvioli, to the 76th session of the General Assembly, in October 2021, to examine the question of the adoption of transitional justice measures to address the legacy of serious violations of human rights and humanitarian law committed in colonial contexts.

The questionnaire asks about what has been done, and if not, why not.

It would be helpful to keep in mind the five typical Transitional Justice processes, and where reparation fits in that framework, along with (1) preservation of memory (and evidence); (2) prosecution and vetting; (3) reform of institutions and legislation, as needed; and (4) national reconciliation.

The UN General Assembly resolution A/RES/60/147 defines remedy and reparations. In the case of colonialism and its legacy, or whatever criminal category to which it is applied, the entitlements arising from the gross violations are the standard seven entitlements: restitution, return, resettlement (in such cases), rehabilitation (of all kinds), compensation (for those values that are physically impossible to restore) , guarantees of nonrepetition and, finally, victims` satisfaction.

How and where to submit inputs:


Submissions of maximum 750 words per question answered should be submitted no later than 7 May 2021 to srtruthcalls@ohchr.org

E-mail address srtruthcalls@ohchr.org

E-mail subject line: “Inputs to report on legacy of colonialism”

File formats Please limit your contributions to a maximum of 750 words per question and attach annexes, where necessary

Accepted languages English, French and Spanish

Original call for inputs and questionnaires available here.

Photo: Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence, Mr. Fabian Salvioli. Source: OHCHR.

Themes
• Access to natural resources
• Advocacy
• Armed / ethnic conflict
• Demographic manipulation
• Destruction of habitat
• Dispossession
• ESC rights
• Ethnic
• Historic heritage sites
• Human rights
• Indigenous peoples
• International
• Land rights
• People under occupation
• Population transfers
• Post-disaster reconstruction
• Property rights
• Reparations / restitution of rights
• Research
• Security of tenure
• UN HR bodies
• UN system