In this report, the Special Rapporteur elaborates on the main elements of a framework for designing State policies regarding “guarantees of non-recurrence”. Offering conceptual clarity to the term “guarantees of non-recurrence”, the Special Rapporteur suggests structuring such policies around three main spheres of intervention. At the level of official State institutions, the report begins with a reminder of some basic conditions, including security and legal identity, and proceeds to offer a range of initiatives, including the ratification of relevant treaties; justice and security sector reforms; changes in security legislation; and constitutional reforms, incorporating the separation of powers principle, removing discriminatory provisions and incorporating a bill of rights. The Special Rapporteur then draws attention to two spheres of intervention, the potential of which has not been frequently examined as part of guarantees of non-recurrence, namely, civil society and the spheres of culture and personal dispositions. In these sections, the Special Rapporteur mentions the importance of legal empowerment and the creation of an enabling environment in order for civil society to discharge its crucial role. Finally, the Special Rapporteur emphasizes the preventive potential of education reform, arts and culture, and trauma counselling.
In conclusion, the Special Rapporteur emphasizes that “guarantees of non-recurrence” should be considered not as a rhetorical device but as an object of policymaking. The Special Rapporteur highlights that, in order to develop an effective preventive State policy, interventions in all three areas are necessary.
The Special Rapporteur’s set of general recommendations for truth commissions and archives is presented in an annex to the present report.
The full report and Statement to the Thirtieth Session of the Human Rights Council can be found here.