Overcoming Evidentiary Weaknesses in Reparation Claims Programmes

Abstract

This chapter seeks to provide an overview and give concrete examples of how large-scale reparation programmes have administered the evidence in their decision-making processes, in particular the new techniques and approaches applied in order to overcome the lack of evidence in individual cases. There are two main challenges that large-scale reparation claims programmes face in the administration of evidence. These are the incomplete evidence submitted by individual claimants in support of their claim, and the vast amount of information that the programmes have to administer in total. In reparation claims programmes that address gross violations of human rights following a conflict or crisis, the lack of evidence in individual claims is very much linked with the circumstances leading to the losses and violations that were sustained and that are to be redressed through the programme. Keywords: decision-making process; documentary evidence; human rights; reparation claims programmes