Special Rapporteur to study transitional justice responses to mass human rights violations, transnational violence and negationism

GENEVA – The Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence, Bernard Duhaime, said that transitional justice processes must effectively address contemporary challenges such as transnational violence, human rights violations committed on a mass scale and negationism.

“Mass human rights violations arising out of terrorism, migration, environmental crimes, corruption and organised crimes, cause extensive suffering and threaten to fuel cycles of violence. These phenomena needs to be considered when designing and implementing transitional justice measures to effectively prevent their recurrence,” Duhaime said in his first report to the UN General Assembly.

“With multiple international armed conflicts ongoing in the world at the moment and other forms of serious human rights and humanitarian law violations which have impacts felt across borders, it is essential to review and develop general best practices for transitional justice in transnational contexts,” the Special Rapporteur said.

The expert also noted the need to address the rising challenges of negationism, and revisionism of past human rights violations exacerbated by the prevalence of social media, artificial intelligence and the transmission of misinformation. “Denial of past violence constitutes an active human rights violation and a strong indicator of future violence but has been inadequately addressed by States. Responses must be compatible with international standards and transitional justice aims,” he said.

Duhaime intends to develop a comprehensive strategy to better incorporate economic, social and cultural rights in transitional justice processes to contribute to prevention, peace and development. “This can contribute to unlocking systemic societal problems by looking at the symptoms of conflict and addressing their underlying determinants, including unequal access to economic, social and cultural rights,” he said.

The Special Rapporteur will study the application of transitional justice policies in early stages of transition.

“Such measures are generally designed after a society has transitioned from conflict or authoritarianism. However, in some instances, designing them at an earlier stage could increase their efficacy, including by embedding such mechanisms in peace negotiations, ensuring comprehensive documentation of ongoing violations, and leveraging the potential of these processes to stop ongoing violence,” he said.