Site Loader

Transitional
justice is a systematic procedure that is enforced in order to confront large
scale human right offenses that address both victim reparations and
prosecutions, which provides institutions and governmental bodies the
opportunity to reconstruct themselves in order to avoid any such exploitation
and injustice from repeating itself.

The republic of
Slovenia believes that, today, transitional justice is an issue that still
hasn’t received the recognition that it deserves and, if it is not dealt with
immediately, the most vulnerable percentage of society will fail to receive
justice after severe atrocities are committed against them. This is because
transitional justice is positioned as a crucial step in the long run towards
preserving and enhancing peace, resolving past human rights violation cases,
halting ongoing ones, preventing future ones and restoring citizen-state
relationships. To elaborate further, human right violations are violations to a
range of civil, cultural, economic, political and social rights;  this full range should be taken into account
in any transitional justice context, especially during the formulation of
resolutions. Due to this reason it is crucial that we come together in order to
resolve these issues of critical importance.

We Will Write a Custom Essay Specifically
For You For Only $13.90/page!


order now

Realizing that it
is rather impossible to achieve peace and prosperity in the future without
resolving the issues of the past, Slovenia would emphasize the importance of
confronting past abuses which will allow for state-citizen relations to be
restored and improved and for the creation of democratic institutions.

Since its
independence from Yugoslavia in 1991, Slovenia has adopted numerous legislation
on transitional justice starting with the Denationalization Act in 1991. Property
that was once nationalized due to the socialist nature of the Yugoslavian
Kingdom was returned to its rightful owners. This was followed by the Act of
17th October 1995 on War Invalids Eligibility, Loss Of the Right and
Realization of Rights which provides for rights of war invalids, their families
and rights linked with the death of a war invalid and, most recently in 2006,
the Act on the Protection of the Right to a Trial without Undue Delay which
ensures that cases are looked into within an appropriate time frame so that
judicial measure can be executed. Additionally, in 2003, Slovenia carried out 3
acts of transitional justice that were namely, Act on War Burial Sites, Act on
Victims of War Violence, and Act on Redressing of Injuries.

For transitional
justice to work proficiently, all three aspects – truth seeking, reparations,
and prosecutions – need to be executed with immense care and precision. This
implies that without a grip on the truth there would be no punishment, reform,
or reparation which would eliminate the chances of any reparations being made.
This would brutally contribute to an increased friction within society that
could actively cause upheaval and chaos. Furthermore, any methods taken to
reform organizations would be futile unless victims were provided justice, as
not doing so would expel the moral essence of any form of accountability.
Lastly, perpetrators need to be prosecuted as this is a crucial facet of
transitional justice as without it, those responsible for such violations
continue to roam freely and there continues to be no visible consequences for
committing such tremendous acts of barbarity.

Having recognized
that all aspects need to be addressed, The Republic of Slovenia proposes that
these should only be executed after all forms of it have been agreed upon by a
majority of the member states. Slovenia, however, proposes a truth seeking
commission being drawn up in order to achieve the truth. Truth-seeking is
mainly only necessary after countries have suffered from extended lengths of
assault.

Truth-seeking
commissions enable past crimes and violations to come to light and therefore
 prevent them from occurring in the future. Truth-seeking techniques allow
prior perpetrations to be revealed and for victims to receive rectifications in
the forms of restitution, compensation and rehabilitation. In addition to this,
Slovenia believes that victims (or their families) should also be provided with
the security and guarantee of these events not being repeated. These
investigations aim to not just find the perpetrators but also identify the
bedrock of what caused these suffering so as to eliminate them from recurring
altogether.

The Republic of
Slovenia recommends that for the reasons outlined above, every country should
create a truth commission in order to discover the foundation of past political
crimes and their basis to ensure they are not committed again. These
commissions should be monitored by the ICTJ in order to ensure objectivity and
validity whilst for individual crimes, Slovenia recommends NGOs to work
alongside the government so as to discover those responsible for the
violations. Once truth commissions have achieved the details of the atrocities
and published a detailed report, they will automatically dissolve after the
time period of 3 months. This time period is pivotal as it will be used to
ensure that the reparations are being carried out in the manner proposed.

The Slovenian
delegation believes that the reparation of victims, in all its five forms
(restitution, damage compensation, rehabilitation, satisfactions and guarantees
of non-repetition), not only acts as a compensation for the hardships they’ve
endured but also restores their faith in their governments and the
international community, further allowing for higher productivity levels and
less chances of disorder within societies as they no longer feel like their
suffrage has gone unnoticed.

Due to the varied
nature of the violations that transitional justice addresses, the delegation
believes that the reparation provided to a victim should correspond with the
type and intensity of the type of the crime committed against them. Slovenia,
therefore, believes in the creation of a committee of legal experts that would
formulate a set of universal guidelines as to how victims of specific crimes
ought to be compensated that is to be followed by all member states.

In cases where
perpetrators of a human rights violation can be identified, Slovenia believes
that they are to be held responsible for the providing of reparation either
directly to the victim or through compensating the state for reparations
rendered. Whilst in cases where they remain unknown, it becomes the state’s
role to provide victims with the reparations they deserve. For more macro-scale
violations, Slovenia proposes the creation of a trust fund that all member
states as well as private donors and NGOs could contribute to, that will allow
mostly for the reparations of victims of violations where:

a)     
the state does not possess the
required resources to provide them,

b)     
where no particular state takes
responsibility for the violation,

c)     
where the perpetrating state/group
cannot be identified.

The Slovenian
Republic believes with affirmation that the only way to prevent a violation
from repeating itself, is for there to be clear consequences for them.
Therefore, the delegation believes prosecution to be a vital component of
transitional justice. However, Slovenia also believes that firm guidelines need
to be set to ensure that the process runs in a fair manner.

Firstly, the
transitioning state should be the one to decide how and where the trials for
prosecution take place (whether they would be domestic or non-domestic), as
they are the ones who are the most aware about the resources available to their
judicial system and the conflicts present in their country; however, in all
cases of domestic trials, monitoring bodies and personnel from the United
Nations are to be present to ensure the efficiency of the judges, the
understanding of the victims to the process that takes place within court, the
smooth running of the process with the absence of any form of bias and the
presence of a sufficient amount of well-qualified lawyers. In case a
“hybrid trial” is opted for, where there is a collaboration between
national courts and the International Criminal Court (ICC), it is essential
that there is an equal representation of both national and international
personnel to ensure transparency as well as fully developed knowledge of all
the dimensions involved in the case.

Just like victims
are provided reparations based on the intensity of the violation they had been
exposed to, Slovenia believes that perpetrators should be punished in a way
that is relative to the crime they committed. The punishments will vary from
major fines and 6 months in jail, all the way to a lifetime in jail. However,
the intensity of the violation is not the only factor that should be considered
by a judge when declaring a punishments; the amount of evidence available that
proves the perpetrators guilty, as it would be unfair to expose a person who
has admitted to committing a violation to the same sentence as another where
there is very minimal evidence to prove them guilty, even if the evidence is
deemed conclusive. In this way, The Republic of Slovenia addressed the
imperfections that remains to exist in even the most developed judicial systems
and ensures that it does not result in a biased and unfair punishment being
imposed on potential perpetrators.

Despite the
delegation striving to seek justice for all those who had to deal with
traumatic experiences where their rights were violated, it continues to stand
firmly against the implementation of the death penalty as a method of
punishment as it recognizes that the perpetrators of the violation, however
flawed and monstrous they may be, remain human beings whose dignity is to be
taken into consideration. Slovenia believes that the global abolition of the
death penalty is important both in order to protect human dignity and to avoid
irreparable damage, particularly as no judicial system is flawless.

The Republic of
Slovenia stresses on the necessity of every affected country implementing
measures of truth seeking, providing reparations and prosecuting those who were
at fault. The delegation believes that all member states should work together
to come to a resolution that sets clear guidelines for how truth seeking
commissions are to be drawn up and how they will achieve validity, transparency
and objectivity. The resolution should also explain how reparations are to be
paid out and on what basis as well as by who. Finally,  the resolution should
outline how prosecutions are to be carried out and under what basis.

 

The Republic of
Slovenia would like all member states to keep in mind that the implementation
of all measures of transitional justice are to be executed in a non-discriminatory
manner; meaning that no victim/perpetrator is to be treated differently be it
in a positive or negative manner with accordance to their gender, race, age,
nationality, religion, sexuality or disability.

Slovenia hopes all
member states can agree on the importance of transitional justice as well as
work together cooperatively and efficiently in order to agree upon a method of
implementation for this demanding  issue to provide transitioning
countries with clear guidelines that will aid them in the transitioning process
towards better state-citizen relations by allowing the dignity of their
citizens to be restored.

 

Post Author: admin

x

Hi!
I'm Myrtle!

Would you like to get a custom essay? How about receiving a customized one?

Check it out