Human Rights & Public Liberties

Human Rights & Public Liberties

Newsletter
13 Jan, 2021

The Overlooked Pillar of Transitional Justice

11 September, 2025

This summary is based on reporting by the UN:

In a pointed intervention before the UN Human Rights Council, Bernard Duhaime, the Special Rapporteur on transitional justice, has highlighted the persistent neglect of documentation in post-conflict justice efforts.

Although fundamental to establishing truth, accountability, and reparations, the systematic gathering and preservation of evidence and testimonies remain undervalued by both national and international actors.

Duhaime warns that this neglect weakens the credibility and effectiveness of transitional justice mechanisms. Without solid documentation, truth commissions risk producing incomplete narratives, criminal investigations become less effective, and reparation programmes may overlook entire victim groups.

Such errors not only distort collective memory but also threaten to deepen divisions and sow seeds for future violence.

The Rapporteur points out ongoing underinvestment and operational gaps: from poor mapping of abuses and unreliable witness testimony collection to the destruction or loss of evidence and limited access to state archives. Resource constraints and security risks further hinder those doing this vital work.

Duhaime urges states, donors, and the international community to see documentation not as a mere technical step but as a core human rights duty, essential to the pursuit of truth and justice. His report provides practical recommendations for integrating documentation at every stage of transitional justice processes, emphasizing that only with strong evidence can societies truly confront their past and prevent similar tragedies in the future.