A House with Two Rooms - The Advocates for Human Rights

Section i. reparationS for affected individualS and communitieS
Individuals and communities affected by the events in Liberia can never be made whole. Any scheme
to provide them with some measure of redress will be incomplete at best. Nevertheless, governments
around the world have attempted to provide redress for gross violations of human rights law or
serious violations of humanitarian law committed in the past. In general, victims are entitled to
vindicate the right to truth, the right to justice, and the right to reparation. This section focuses on
the right to reparation, which can include restitution (restoration of rights, return of property, etc.),
compensation (monetary damages), rehabilitation (medical care, rebuilding things that were destroyed,
etc.), and satisfaction (apologies, public acknowledgements, memorials, etc.).
Victims are defined in international law 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 victimization. 7
The definition of a victim is independent of whether the perpetrator has been identified, apprehended,
prosecuted, or convicted and regardless of the familial relationship between the perpetrator and the
victim. 8Under
international law, victims have the right to remedies for gross violations of international
human rights law and serious violations of international humanitarian law.
The U.N. Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of
Violations of International Human Rights and Humanitarian Law provide a guiding framework with
regard to addressing the needs of victims. 9 The Advocates makes the following recommendations
to the TRC, as well as the subsequent recommendations to the Government of Liberia, concerning
specific populations.
General Recommendations for a Reparations Program
The TRC has the authority to make recommendations to the Government of Liberia regarding
“[r]eparations and rehabilitation of victims and perpetrators in need of specialized psycho-social and
other rehabilitative services.” 10 Any reparations plan proposed by the TRC to the Liberian government
should include specific suggestions from civil society organizations and victims groups and should
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Chapter Fourteen