Comments on legislation and policy

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
Country

Mandate(s)

Summary

Reply

30/5/2019 GTM 3/2019
Guatemala
Truth, justice, reparation & guarantees on non-rec; disappearancesPossible 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
Nepal

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
Tunisia

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).

29 June 2019
29 June 2019

24/8/2018

EGY 12/2018
Egypt

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.

25 October 2018

6/4/2018

GT 5/2018
Guatemala

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:
A/HRC/37/80

NPL 4/2017
Nepal

Disappearances;
human rights defenders; torture; truth, justice, reparation and guarantees of non-recurrence

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.

31/7/2017

15/6/2017

available at:
A/HRC/37/80

ARG 3/2017
Argentina

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

 

11/8/2017
11/8/2017
11/8/2017
11/8/2017
11/8/2017

27/4/2017

available at:
A/HRC/36/25

NGA 3/2017
Nigeria

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:
A/HRC/36/25

COL 1/2017
Colombia

 

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:
A/HRC/35/44

LKA 3/2016
Sri Lanka

 

Arbitrary detention;
disappearances; freedom of opinion and expression; freedom of peaceful assembly and of association;
terrorism;
torture; truth, justice, reparation and guarantees of non-recurrence

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

5/12/2016

3/8/2016

available at:
A/HRC/34/75

LKA 2/2016
Sri Lanka

 

Disappearances;
truth, justice, reparation and guarantees of non-recurrence

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)

4/8/2016

1/07/2016

available at:
A/HRC/34/75

TUN 2/2016
Tunisia

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:
A/HRC/33/32

JPN 1/2016
Japan

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

27/12/2016

10/03/2016

available at:
A/HRC/33/32

KOR 2/2016
Republic of Korea

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

15/06/2016
3/4/2017

03/07/2014

available at A/HRC/28/85

NPL 2/2014
Nepal

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)

12/12/2014

25/03/2014

available at
A/HRC/27/72

ESP 3/2014
Spain

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.

08/07/2014

22/03/2013

available at A/HRC/24/21

BDI 2/2013
Burundi

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
Nepal

Truth, justice, reparation & guarantees on non-recurrence

Possible promulgation of an ordinance establishing a Commission on Investigation of Disappeared Person, Truth and Reconciliation

 

To access all communications from Special Procedures that have been made public through Special Procedures reports to the Human Rights Council, please see here.