United Nations Entity for Gender Equality and the Empowerment of Women - Reparations,Development and Gender, Report of the Kampala Workshop 1-2 December 2010- Prepared by UN Women and UNDP
A. Reparations
i. Definition and Understanding of Reparations
The UN Basic Principles and Guidelines 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 outline the international legal framework for the right to a remedy and reparations. According to the Basic Principles, States are under legal obligation to provide reparations for gross violations attributable to them, as are persons found liable for relevant war-time violations. States are also obligated to endeavor to provide repair and redress for victims in circumstances where those directly responsible are unwilling or unable to meet their obligations, in particular through the establishment of reparations programmes.
The UN Basic Principles recognize the following five forms of reparations:
1) restitution: restoration of a victim’s rights, property, citizenship status;
2) rehabilitation: psychological and physical support;
3) compensation;
4) satisfaction: acknowledgement of guilt, apology, burials, construction of memorials, etc.; and
5) guarantees of non-repetition: reformation of laws and civil and political structures that led to or fueled violence.
The different forms of reparations can be administered individually and/or collectively, in material and/or symbolic forms and in synergy with other post-conflict justice efforts to satisfy victim needs and demands for justice.
Reparations programmes should be comprehensive and complex; they should include elements that are material and symbolic, collective and individual, immediate and ongoing, and that involve pecuniary measures, as well as ensuring access to essential services.