HRC 48: Joint Statement for the Interactive Dialogue with the Special Rapporteur on truth, justice and reparation

Human Rights Council 48th session

Item 3: Interactive Dialogue with the Special Rapporteur on truth, justice and reparation

Thank you, Madam President,

The Federation makes this statement on behalf of Race and Equality and the Sexual Rights Initiative. We welcome the Special Rapporteur’s report on transitional justice and accountability, especially the mention of the situation in Colombia.

We would like to call attention to the lack of accountability and sanctions for those responsible for grave violations of human rights and international humanitarian law based on sexual orientation, gender identity and gender expression, including victims who also recognize themselves as Afro-descendants.

Transitional justice mechanisms must respond to historic causes of violence and conflict by addressing structural oppressions that affect people based on their race, class, gender, sexual orientation, gender identity and expression, amongst others. Redress comes only when acknowledging how intersectional oppression continues to operate through associated stereotypes, stigma and discrimination, including those related to race, sexual orientation, gender identity and expression.  Intersectionality is crucial to ensure a truth and reconciliation process.

We welcome that the Peace Agreement in Colombia integrates differential approaches that acknowledge disproportionate effects of violence based on race, sexual orientation, gender identity and expression. An intersectional approach guarantees their effective participation and full recognition during the transitional justice process of those marginalized and oppressed by structures of power.

We urge the Council and the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-repetition to monitor how transitional justice and accountability mechanisms adopt an intersectional approach that includes race, class, gender, sexual orientation, gender identity and expression, amongst others.