Practical experiences of domestic reparation programmes
In the design and implementation of domestic reparation programmes, States should:
(a) Design and implement adequate, prompt and effective domestic reparation programmes to remedy the harm suffered by victims of mass atrocities, which recognize the responsibility of the State; (b) Ensure that such programmes include different forms of reparation beyond compensation, such as measures of satisfaction, restitution and rehabilitation, and guarantees of non-recurrence; (c) Ensure that compensation, including the distribution criteria across victims, the family unit, and those in the most vulnerable situations, is reasonable and proportional; (d) Design reparation programmes which are complete, comprehensive, complex, and coherent internally and externally, as indicated in paragraph 45 above; (e) Develop national registries of victims, which are flexible and reach out widely, to adequately estimate the potential universe of victims and expected costs, prior to the design of reparation programmes; (f) Adopt solid legal frameworks to ensure legal certainty and sustainability of reparation programmes; (g) Adopt solid institutional frameworks that bestow domestic reparation systems with the institutional security, political leverage, financial autonomy and territorial outreach needed to operationalize the reparation policy; (h) Make the necessary budgetary allocations, based on the universe of victims and realistic cost expectations, through the creation of special funds, inclusion in the national budget, or other financing by sustainable means; (i) Where relevant, design financing mechanisms by which other actors responsible for violations contribute towards reparation expenses, through, for example, financial or in-kind contributions; (j) International donors may also play an important role in financially supporting reparation programmes; (k) Adopt emergency reparation programmes or services, while domestic reparation programmes are being designed, to address the urgent needs of victims and avoid exposing them to further harm; (l) Ensure and facilitate effective participation and consultation and a meaningful role for victims in the design, implementation and monitoring of reparation programmes. Also ensure effective participation of and consultation with civil society and victims’ organizations in these efforts; (m) Establish effective and timely rehabilitation services to address the physical and mental health and educational needs of victims, as well as other services, and coordinate efforts between State institutions and specialized civil society organizations and victims’ organizations in this regard. The international community may support the delivery of such services; (n) Adopt special measures in the design and implementation of domestic reparation programmes to address the reparation needs and the challenges faced by victims of sexual violence, and by children born out of rape when the woman has decided to continue her pregnancy, including safety and privacy measures to prevent their social exposure and to avoid inflicting further harm on them; (o) Adopt special measures in the design and implementation of domestic reparation programmes to address the reparation needs of refugees and internally displaced persons.
Promotion of truth, justice, reparation and guarantees of non-recurrence.
Practical experiences of domestic reparation programmes