Comments on legislation and policy
Special Rapporteur on truth, justice and reparation
In this page, the UN Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence shares all comments provided by the mandate to States on the adoption and review of national laws, regulations and policies. The mandate regularly provides comments on the adequacy of normative and policy developments with international norms and standards regarding the promotion of truth, justice, reparation and guarantees of non-recurrence.
See below a list of communications from the Special Rapporteur to Governments concerning national laws, regulations and policies sent since the establishment of the mandate, as well as the responses from Government to these communications, when available.
Date |
Case No |
Mandate(s) |
Summary |
Reply |
30/5/2019 | GTM 3/2019 Guatemala |
Truth, justice, reparation & guarantees on non-rec; disappearances | Possible non-renewal of the 24-2009 Interinstitutional Agreement between the Ministry of the Interior and the Ministry of Culture and Sports on the Historical Archive of the National Police (AHPN), which could lead to its eventual transfer and the loss or destruction of documents , as well as its dismantling. | Comunicación conjunta de los Procedimientos Especiales Comunicación conjunta de los Procedimientos Especiales sobre la iniciativa de ley número 5377 en Guatemala |
12/4/2019 |
NPL 1/2019 |
Truth, justice, reparation and guarantees of non-recurrence; torture; executions; disappearances; violence against women |
Reported lack of impartiality, independence and transparency in the existing procedure for the appointment of the members of the Truth and Reconciliation Commission (TRC) and Commission on the Investigation of Enforced Disappearance (CIEDP), which may affect the selection of new commissioners in April 2019; the reported lack of progress in the work undertaken by both commissions; and the possible amendment of the Act on the Commission on Investigation of Disappeared Persons, Truth and Reconciliation 2071 (2014). |
Joint communication concerning the Truth and Reconciliation Commission (TRC) and the Commission on the Investigation of Enforced Disappearance (CIEDP) in Nepal - OL-NP-1-2019 |
30/4/2018 |
TUN 1/2018 |
Truth, justice, reparation & guarantees on non-rec; disappearances |
Latest events relating to the transitional justice process, in particular regarding Truth and Dignity. These observations are also presented in the light of the conclusions and recommendations made following my official visit to the country in 2012 (A/HRC/24/42/Add.1). |
|
24/8/2018 |
EGY 12/2018 |
Truth, justice, reparation and guarantees of non-recurrence; torture; executions; freedom of expression; freedom of assembly |
Draft law approved by the House of Representatives of Egypt that would grant amnesties to a designated cadre of high-ranking military officers. |
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6/4/2018 |
GT 5/2018 |
Truth, justice, reparation & guarantees on non-rec; disappearances |
Law initiative number 5377, seeking to reform the National Reconciliation Law, Decree 145-96, which would seek to establish a general amnesty and a total extinction of the criminal responsibility of those responsible for crimes and serious violations of human rights committed during the internal armed conflict in Guatemala. |
|
27/7/2017 available at: |
NPL 4/2017 |
Disappearances; |
Nepal Act on the Commission on Investigation of Disappeared Persons, Truth and Reconciliation 2071, the lack of significant progress in the work of the Truth and Reconciliation Commission and the Commission on the Investigation of Enforced Disappearances and the need to enhance participation and better guarantee the protection of victims and witnesses. |
|
15/6/2017 available at: |
ARG 3/2017 |
Disappearances; truth, justice, reparation and guarantees of non-recurrence |
Decision of the Supreme Court of Justice of the Argentine Nation (CSJN) regarding the application of Law 24.390 (called Law 2x1) in cases of crimes against humanity and the adoption of Law 27.362, which establishes that provisions of Law 24.390 are not applicable in cases of crimes against humanity, genocide or war crimes
|
|
27/4/2017 available at: |
NGA 3/2017 |
Arbitrary detention, disappearances, freedom of opinion and expression, freedom of assembly and of association, minority issues, religion or belief, truth, justice reparation and guarantees of non-recurrence |
White Paper on the report of the Judicial Commission of Inquiry into the clashes between the Islamic Movement of Nigeria and the Nigerian Army in Zaria, Kaduna State, between Saturday 12 and Monday 14 December 2015, issued on 5 December 2016 |
|
8/3/2017 available at: |
COL 1/2017
|
Disappearances; truth, justice, reparation and guarantees of non-recurrence |
Legislative debate regarding the creation of the Unit for the Search of Persons Considered Missing in the context and due to the armed conflict, contemplated within the Comprehensive System of Truth, Justice, Reparations and Non-Recurrence, of the peace process in Colombia. |
|
2/12/2016
available at: |
LKA 3/2016
|
Arbitrary detention; |
“Policy and Legal Framework of the proposed Counter Terrorism Act of Sri Lanka” and its compatibility with international norms and standards on human rights, particularly as set forth in the International Covenant on Civil and Political Rights |
|
3/8/2016 available at: |
LKA 2/2016
|
Disappearances; |
Ratification of the International Convention for the Protection of All Persons from Enforced Disappearance (25 March 2016), the Prevention of Terrorism Act No 48 of L979 (PTA), and the bill providing for the establishment of the Office on Missing Persons (OMP) |
|
1/07/2016 available at: |
TUN 2/2016 |
Truth, justice, reparation & guarantees on non-recurrence |
"Draft organic law relating to special procedures concerning reconciliation in the economic and financial fields". |
27/9/2016 Special Rapporteur’s analysis of the ‘reconciliation’ project in Tunisia |
10/03/2016 available at: |
JPN 1/2016 |
Discrimination against women in law and in practice; Torture; Truth, justice, reparation and guarantees of non-recurrence; Violence against women, its causes and consequences |
Agreement made between the Governments of Japan and the Republic of Korea on 28 December 2015 on the issue of “comfort women”, expression commonly used in reference to women and girls who were subjected to sexual slavery by the Imperial Japanese Army in occupied territories prior and during the World War II |
|
10/03/2016 available at: |
KOR 2/2016 |
Discrimination against women in law and in practice; Torture; Truth, justice, reparation and guarantees of non-recurrence; Violence against women, its causes and consequences |
Agreement made between the Governments of Japan and the Republic of Korea on 28 December 2015 on the issue of “comfort women”, expression commonly used in reference to women and girls who were subjected to sexual slavery by the Imperial Japanese Army in occupied territories prior and during the World War II |
|
03/07/2014 available at A/HRC/28/85 |
NPL 2/2014 |
Disappearances; Summary executions; Torture; Truth, justice, reparation & guarantees on non-recurrence; Violence against women |
Nepal Act on the Commission on Investigation of Disappeared Persons, Truth and Reconciliation, 2071 (2014) |
|
25/03/2014 available at |
ESP 3/2014 |
Disappearances; Independence of judges and lawyers; Terrorism; Torture; Truth, justice, reparation & guarantees on non-recurrence |
Organic Law 1/2014, of March 13, that modifies Organic Law 6/1985, of July 1, of the Judicial Power, relative to universal justice. |
|
22/03/2013 available at A/HRC/24/21 |
BDI 2/2013 |
Truth, justice, reparation & guarantees on non-recurrence |
Certain provisions of the bill on the creation, mandate, composition, organisation and functioning of the Truth and Reconciliation Commission. |
|
22/10/2012 available at A/HRC/22/67 |
NPL 6/2012 |
Truth, justice, reparation & guarantees on non-recurrence |
Possible promulgation of an ordinance establishing a Commission on Investigation of Disappeared Person, Truth and Reconciliation |
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To access all communications from Special Procedures that have been made public through Special Procedures reports to the Human Rights Council, please see here.