As INOVAS members, we see victims and survivors as empowered actors with first-hand experience, knowledge and expertise to achieve justice and accountability, and to end impunity for perpetrators of violence and human rights abuses. For too long, the international community and other actors have used a language of victimhood when describing, and interacting with, victims and survivors.

The United Nations defines victims as:

Persons who individually or collectively suffered harm, including physical or mental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights, through acts or omissions that constitute gross violations of international human rights law, or serious violations of international humanitarian law. Where appropriate, and in accordance with domestic law, the term “victim” also includes the immediate family or dependants of the direct victim and persons who have suffered harm in intervening to assist victims in distress or to prevent victimization1.

A rally of family members of the enforced disappeared_ demanding Independent Commission of Inquiry in Nepal

The rights of victims of gross human rights abuses have been well recognised under international law for decades, although in recent years the international community has taken a number of steps to better recognise and protect those rights as well as processes to remedy rights abuses and hold accountable perpetrators of them.

The UN Principles to Combat Impunity, for example, built on provisions in the International Covenant on Civil and Political Rights—including the right to an effective remedy while recognising specific rights to justice, to the truth about what happened, to reparations and to guarantees of non-recurrence. 

This was then further consolidated in the Basic Principles on the Right to Remedy and Reparations for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, which provided for equal access to effective justice for victims. The basic principles reiterates three victim’s rights under international law: 

  • Equal and effective access to justice; 
  • Adequate, effective and prompt reparation for harm suffered; 
  • Access to relevant information concerning violations and reparation mechanisms2. 

1982 was the beginning of meetings between a group of women who lost their loved ones during the Lebanese war which started the movement demanding their release.

In sum, there are now four basic rights enshrined in international law for victims and survivors of gross human rights abuses:

  • The right to justice.
  • The right to the truth.
  • The right to reparations.
  • Guarantees of non-recurrence3.

In addition, victim’s participation in justice endeavours is progressively being recognised as an over-arching right derived from international law that should be afforded to victims and survivors of gross human rights abuses, and that guide the exercise of the other rights outlined above. As such, victims and survivors must be involved in justice processes from beginning to end.

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1 Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, https://www.ohchr.org/en/professionalinterest/pages/remedyandreparation.aspx 

2 Ibid

3  This is a crucial right for victims that effectively takes the form of a reparation where governments and actors take responsibility to protect victims and avoid (or reduce) the risk of repeated abuses.

Banner Photo Credit: Committee of the families of the kidnapped and missing in Lebanon