THE AGREEMENT AND THE ANNEX FAIL TO SET OUT A VICTIMS FOCUSED REPARATIONS PROGRAM Sample Clauses

THE AGREEMENT AND THE ANNEX FAIL TO SET OUT A VICTIMS FOCUSED REPARATIONS PROGRAM. All victims of crimes against humanity, war crimes, torture, extrajudicial executions, enforced disappearances and other human rights violations have a right to full and effective reparations.56 Amnesty International, therefore, welcomes the proposal in the Agreement and the Annex to establish a reparations program. However, the organization is concerned that the proposed system does not take a victims focused approach towards developing and implementing the program. The importance of such an approach cannot be underestimated, as the United Nations Basic Principles on the Right to a Remedy and Reparations for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law recognize: in adopting a victim-oriented perspective, the international community affirms its human solidarity with victims of violations of international law… as well as with humanity at large…57 Reparations programs should focus on addressing the suffering of the victims and taking measures to help them rebuild their lives. There are a broad range of recognized measures which can be taken to achieve this, which fall under five categories: restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition.58 Any government seeking to fulfill its legal obligations by establishing a reparations program should engage with victims and involve them in planning and implementing the program. Although the Annex provides for the body of inquiry to make recommendations on the “most appropriate modalities for implementing a Report on the work of the Office of the High Commissioner for Human Rights in Uganda, supra n.21, paragraph 8. 55 See Amnesty International’s documents listed in footnote 4. 56 U.N. Basic Principles on the Right to a Remedy and Reparations for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, General Assembly Resolution 147 (2005), Principle 3 The obligation to respect, ensure respect for and implement international human rights law and international humanitarian law as provided for under the respective bodies of law, includes, inter alia, the duty to: … (d) Provide effective remedies to victims, including reparation, 57 Ibid. The five forms are recognized in clause 9.1 of the Agreement. regime of reparations”59 there are no provisions for building a reparations program which engages with victims and takes into account their views. In...
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