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Begin New Search Author Elena Naughton Publication Year within 25 Years

1. Gone Without a Trace: Syria's Detained, Abducted, and Forcibly Disappeared

Author:
Hanny Megally and Elena Naughton
Publication Date:
05-2020
Content Type:
Special Report
Institution:
Center on International Cooperation
Abstract:
Tens of thousands of people have been unlawfully detained by the Syrian government and other parties to the conflict in Syria. In most cases, their fate—and if they are alive, their whereabouts—remains unknown. Many families have been waiting for word of their spouses, children, and other relatives since mass protests first began in 2011. This situation is adversely affecting not only Syrians inside the country—including over 6.5 million who are internally displaced—but also many of the 5.6 million refugees who are likewise desperately seeking answers about family members from abroad. This joint report from the International Center for Transitional Justice (ICTJ) and the Center on International Cooperation (CIC) recommends a set of urgent steps that should be taken to assist families in obtaining information about the whereabouts of their loved ones, gaining access to them, and achieving their prompt release. Authored by CIC's Hanny Megally and ICTJ's Elena Naughton, the report details the scope of the detention crisis and argues that answers and coordinated action are needed now. Time is of the essence, as the COVID-19 pandemic appears to be accelerating in Syria, putting those detained in overcrowded and unsanitary prisons at further risk. Any meaningful progress toward a political agreement in Syria will be dependent on more than a negotiated ceasefire or reduction in violence and urgent access to humanitarian assistance. There will be little or no possibility of lasting peace without addressing critical issues, like the question of the missing, detained, abducted, and forcibly disappeared.
Topic:
Prisons/Penal Systems, Syrian War, Crimes Against Humanity, Humanitarian Crisis, and State Abuse
Political Geography:
Middle East and Syria

2. “Now Is a Time to Lead:” Advancing Transitional Justice Initiatives through Local Governments in Nepal

Author:
Elena Naughton and Kelen Meregali
Publication Date:
07-2018
Content Type:
Working Paper
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
Recently, Nepal implemented some significant long-awaited changes to its structure of government that present new opportunities for addressing the justice needs of conflict victims. On September 20, 2015, a new Constitution came into effect, replacing the interim Constitution promulgated in 2007, soon after the conflict ended. That constitution introduced a new federal structure of government that, among other things, vests local governments with 22 powers and areas of responsibility over which they have broad authority. Many of these powers can be exercised to establish policies and programs at the local level for fulfilling victims’ rights to truth, justice, reparation, and acknowledgment for the human rights abuses victims suffered during the war. Although local initiatives are not a complete substitute for a coherent national policy, these powers offer great potential for implementing measures to address promptly and directly a full spectrum of victims’ reparative needs, from the symbolic to the material. They encompass food, housing, employment and job creation, medical care, education, legal services, help obtaining official documentation, memorialization initiatives and other forms of public recognition, awareness-raising activities, and measures aimed at preventing the recurrence of human rights abuses. Many of these measures would fulfill fundamental rights guaranteed under the Constitution to all Nepal’s citizens, and additional rights secured there for vulnerable populations (such as the elderly, disabled, single women, those marginalized or indigent, and children). If designed to be reparative in nature, they could also fulfill victims’ rights to an effective remedy, including the right to “adequate, effective and prompt reparation,” as articulated by the UN General Assembly in its Basic Principles and Guidelines on the Right to Remedy and Reparation for Victims of Gross Violations of Human Rights Law and Serious Violations of International Humanitarian Law (UN Basic Guidelines). This report aims to help local governments, victims’ groups, and other stakeholders to understand the scope and potential inherent in these powers and to identify what local governments and others can do to design and implement initiatives that support victims of conflict and that fulfill this potential. To this end, this report looks closely at the provisions of the 2015 Constitution and the Local Government Operationalization Act 2074 BS (2017 AD). It also considers the essential role local governments can play in crafting and coordinating responses alongside national-level institutions that are advancing transitional justice processes, such as the Truth and Reconciliation Commission (TRC), the Commission on Investigation of Enforced Disappearance of Persons (CIEDP), and the National Human Rights Commission (NHRC). Additional consideration is given to the provisions of the Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act (the TRC Act), 2071 (2014), and the requirements established therein for local government cooperation and engagement with ongoing transitional justice mechanisms. With offices within or near victim communities, local governments in Nepal are well situated to tailor initiatives to address victims’ particular needs. Coming as they do from out of the communities they serve, most local officials, including many who are victims themselves, are familiar with realities on the ground and nuances in the economy and in community practices that may affect whether a policy will benefit or might unintentionally harm victims, or could even exacerbate tensions within families or between neighbors. Many local officials speak and read the local languages and dialects victims speak and read. Also, many are privy to crucial differences among survivors’ experiences of war, as well as their current life situations. With access to information about existing services and knowledge of what is required to get things done locally, local governments offer real potential advantages for understanding and effectively responding to victims’ needs and for building the kinds of relationships needed to help bridge divides not only between and among victim populations, but also between victims and nonvictim communities in Nepal. With five-year terms in office (and eligibility for an additional term), local officials at each of the different levels of local government (e.g., municipal, village, and ward) should be able to plan and undertake not only short-term or targeted projects that respond to victims’ urgent needs but also long-term, subsistence-based projects that can provide victims with the benefits they need to create a more stable life for years to come. Many of these initiatives can begin while national policymakers in Kathmandu continue working on a comprehensive approach to transitional justice. National and local dimensions of transitional justice are not mutually exclusive; there is no reason local efforts cannot be designed in a way that meet victims’ needs for redress, in particular for the most vulnerable populations, while still meeting other government obligations, including those at the central and provincial levels. In fact, local governments working effectively now might relieve some of the pressures on the central government, by meeting victims most acute needs and collecting data and testing policies that could be implemented later at the national level. To do so, all levels of government across the federal structure will need to coordinate, communicate, and abide by the essential elements of good governance, including preventing corruption. Victim initiatives must be designed in such a way as to “do no harm” and to ensure that victims are treated fairly and with respect and dignity. As Nepal has learned from its experience implementing the Interim Relief Program (IRP)—which was hampered by significant shortfalls in design and implementation (including insufficient funding, a lack of coordination among key stakeholders, the exclusion of some categories of victims and the unequal treatment of others, and the politicization of application processes and eligibility determinations)—it is essential to consult with victims, to be sensitive to their needs and vulnerabilities, to acknowledge the violations they experienced, and to monitor and evaluate implementation to prevent discrimination. In all decisions and procedures, the safety, well-being, and dignity of victims must be considered and given priority. The victims will be paying attention. As one victim forcefully made the point, “We raise our voices. We do not give up. And we will not sit by in silence…I say to the government—listen to our voices, consider our demands. The challenges local governments will inevitably face are innumerable. At each stage of the process, local governments will confront significant hurdles as they exercise their powers to design, plan, and eventually implement programs benefiting their constituents, including Nepal’s many conflict victims. This report highlights some of these major challenges based on feedback obtained during consultations conducted in preparation of this report in some of the districts where conflict victims live. Immediate steps should be taken to monitor, address, and mitigate the following challenges
Topic:
Government, Governance, Transitional Justice, and Local
Political Geography:
Asia and Nepal

3. Committing to Justice for Serious Human Rights Violations: Lessons from Hybrid Tribunals

Author:
Elena Naughton
Publication Date:
12-2018
Content Type:
Working Paper
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
Hybrid courts (or mixed tribunals combining international and national components) are no longer a novel approach to pursuing criminal accountability for egregious crimes of international concern (war crimes, crimes against humanity, and genocide). Created and implemented in diverse contexts around the globe for over a decade, they provide countries with an alternative to a fully domestic or international judicial process to hold perpetrators to account for mass atrocities. Over time, hybrid jurisdictions have proven themselves to be a viable model of justice in difficult circumstances. Although almost all have faced funding shortfalls at some time during their mandate and most have been met with strong opposition from those hostile to rigorous accountability efforts, each has investigated crimes and brought about justice where few if any other justice options existed. Their inherent strength rests, in part, on the flexibility they offer for responding to complex international crimes at the national level and on the opportunity they provide for promoting the exchange of information and expertise and for building capacity. There is no model hybrid tribunal. Rather, each hybrid court is established in response to the particular needs of the context and may be “internationalized” in varying ways and to different degrees. The degree of international involvement has almost always been negotiated to meet the needs of domestic authorities who were reluctant to cede sovereignty and to address the concerns of international actors who were uncertain about the adequacy of existing due process norms or wary of limitations in the state’s judicial, legal, and institutional capacity. As a result, a hybrid tribunal usually reflects the political compromises reached among the negotiating parties, most often the United Nations (UN) and the host state. The negotiation process itself can provide space for different factions to come together to build consensus around a common and sustainable approach to achieving accountability. They can also make accountability processes more responsive to the needs of victims and communities, including by giving victims the right to participate in the proceedings. Because of this process of give and take, hybrid tribunals offer the promise of independent justice within a mechanism that is capable of responding to complex international crimes at the domestic level.
Topic:
Human Rights, Humanitarian Intervention, Transitional Justice, and Humanitarian Crisis
Political Geography:
Global Focus

4. Forms of Justice: A Guide to Designing Reparations Application Forms and Registration Processes for Victims of Human Rights Violations

Author:
Ruben Carranza, Cristian Correa, and Elena Naughton
Publication Date:
12-2017
Content Type:
Working Paper
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
n a number of countries around the world, governments have created state-administered reparations programs for victims and communities that were most affected by massive human rights violations. The success of these programs, which often involve thousands of individuals, depends in part on the state’s ability to reach victims and record their demands for justice in an effective and meaningful way. Reparations programs may be administered by government agencies pursuant to a law or policy or a court judgment. In all cases, a process of identifying, verifying, and registering those entitled to reparations is necessary. This often begins with a reparations application form.
Topic:
Human Rights, Transitional Justice, Humanitarian Crisis, Reparations, and Victims
Political Geography:
Global Focus