UN Expert Warns Weak Documentation Undermines Justice for Rights Violations

Duhaime noted that these shortcomings stem from years of underinvestment, coupled with a lack of political will to prioritize proper documentation.

The United Nations Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence, Bernard Duhaime, has sounded the alarm over the neglect of documentation in transitional justice processes, warning that inadequate collection and preservation of evidence risks undermining accountability, reparations, and reconciliation efforts worldwide.

Documentation as the Backbone of Justice

In his report to the UN Human Rights Council, Duhaime stressed that the collection, mapping, recording, preservation, and archiving of information, evidence, and testimonies of gross human rights violations must be treated as a foundational element of transitional justice, not an afterthought.

"Although the information generated by documentation initiatives constitutes the backbone of many transitional justice processes, they are often overlooked in the design, financing and implementation of transitional justice systems," Duhaime said.

When neglected, he warned, the consequences are severe:

• Truth commissions produce incomplete reports, leaving victims invisible and histories distorted.

• Criminal investigations stall or collapse due to lack of credible evidence.

• Reparations programmes fail to reach all victims, excluding entire groups.

• Memorialisation efforts become selective or negationist, fostering division and risking renewed cycles of violence.

Shortcomings and Risks

The Special Rapporteur highlighted systemic gaps in documentation practices:

• Weak mapping and recording of widespread violations.

• Insufficient collection of victim and witness testimonies.

• Delays that result in evidence being destroyed, tampered with, or permanently lost.

• Restricted access to archives held by States.

• Severe resource and capacity shortages among institutions tasked with documentation.

• Security threats faced by documenters, as well as victims and witnesses who risk retaliation for sharing their accounts.

Duhaime noted that these shortcomings stem from years of underinvestment, coupled with a lack of political will to prioritize proper documentation.

A Call for Integration and Support

The Special Rapporteur called on States, international actors, and donor institutions to embed documentation as a central pillar of transitional justice strategies from their inception. He urged adequate allocation of both material and human resources, and stressed that documentation should not be seen as a mere technical task but as a human rights imperative.

"This should not be perceived solely as a technical exercise, but as a prerequisite for the realisation of truth, justice, reparation, and non-recurrence," Duhaime insisted.

Guidance for Action

The report provides concrete recommendations for governments, civil society organisations, and international partners. These include:

• Integrating documentation into transitional justice mandates from the outset.

• Establishing safeguards to ensure secure storage and preservation of evidence.

• Guaranteeing victims and witnesses safe conditions to testify.

• Promoting transparency and public access to archives where possible.

• Ensuring long-term funding for documentation initiatives rather than short-term, ad hoc support.

Ensuring Rights, Preventing Recurrence

Duhaime's intervention comes as many societies emerging from conflict or authoritarian rule struggle to build credible pathways toward justice and reconciliation. Without robust documentation, entire categories of victims risk exclusion, while perpetrators may evade accountability.

By framing documentation as both a human rights obligation and a foundation for sustainable peace, the Special Rapporteur urged the international community to recognize its decisive role in ensuring that transitional justice processes deliver on their promises of truth, justice, reparation, and guarantees of non-recurrence.