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21. Untangling Justice, Peace and Amnesties in the Central African Republic

Author:
Valerie Arnould
Publication Date:
02-2019
Content Type:
Working Paper
Institution:
EGMONT - The Royal Institute for International Relations
Abstract:
The question of amnesties has come to the forefront once again as the Central African Republic (CAR) started a new round of African Union-mediated peace negotiations on 24 January 2019. While rebel groups demanded a general amnesty as a non-negotiable condition, the government maintained strong opposition to any new amnesty. The Khartoum peace agreement signed on 6 February 2019 did not uphold rebel groups’ demand for a general amnesty, but it leaves many grey areas concerning the question of amnesty and justice. Consequently, it is likely that the question of amnesties or pardons will resurface in the course of the agreement’s implementation. Drawing on broader discussions about the amnesty dilemma and examining the provisions of the 2019 Khartoum peace agreement, this policy brief sets out the key parameters which frame the amnesty question in the CAR.
Topic:
Diplomacy, Conflict, Peace, and Justice
Political Geography:
Africa and Central African Republic

22. Security Forces’ Strategies of Resistance to Transitional Justice

Author:
Valerie Arnould
Publication Date:
10-2019
Content Type:
Working Paper
Institution:
EGMONT - The Royal Institute for International Relations
Abstract:
Security forces are key actors in transitional justice, with the ability to hamper or upend the process. While concerns have often centred on their possible violent responses to transitional justice, security forces are generally more likely to mobilise more discrete forms of resistance. Drawing on transitional justice experiences in Brazil, Chile, Sierra Leone and Uganda this policy brief identifies six types of resistance strategies used by security forces: threatening violence, obstructionism, de-legitimation, strategic cooperation, disengagement and appropriation. It also examines which contextual factors may influence which strategies the security forces are more likely to pursue.
Topic:
Security, International Cooperation, Violence, and Justice
Political Geography:
Uganda, Africa, Brazil, South America, Sierra Leone, and Chile

23. UN Funding Cuts for Peacekeeping Have Consequences for Ghana: After sixty years of UN peacekeeping

Author:
Fiifi Edu-Afful, Kwesi Aning, Emma Birikorang, Maya Mynster Christensen, Naila Salihu, and Peter Albrecht
Publication Date:
01-2019
Content Type:
Policy Brief
Institution:
Danish Institute for International Studies (DIIS)
Abstract:
Contributing personnel to UN peacekeepinghas been central to Ghana’s foreign policy andessential in shaping the country’s security sector. However, with the police and militarystill facing considerable challenges at home, and with the prospect of funding for UN peacekeeping missions being cut, Ghana’s domestic stability might be affected. RECOMMENDATIONS ■ Peacekeeping experiences should be used more forcefully to create accountability among Ghana’s security forces. ■ There should be a comprehensive review of Ghana’s approach to international peacekeeping with a view to understanding and articulating more clearly the relationship between strategic foreign-policy objectives and the provision of domestic security. ■ The UN and troop-contributing countries should make an effort to understand the implications for them both of planned cuts in peacekeeping budgets.
Topic:
Security, Defense Policy, Democratization, Development, Non State Actors, Fragile States, Violence, Peace, and Justice
Political Geography:
Africa and Ghana

24. Ghana's Peacekeeping Efforts Abroad Have an Impact at Home: The Many Implications of UN Peacekeeping

Author:
Festus Aubyn, Kwesi Aning, Emma Birikorang, Fiifi Edu-Afful, Maya Mynster Christensen, and Peter Albrecht
Publication Date:
01-2019
Content Type:
Policy Brief
Institution:
Danish Institute for International Studies (DIIS)
Abstract:
The UN deploys thousands of peacekeepers in support of peace processes and state-building in countries and regions that are emerging from conflict. The example of Ghana shows that the impacts of these missions are not just felt in countries that host UN missions, but also in those that provide them with troops. Recommendations ■ The Ghanaian government should conduct a comprehensive assessment of the impacts of peacekeeping on the country’s security sector in order to inform its contributions to the UN in the future. ■ The Ghanaian army and police should continue to build on the lessons learned from deploying security personnel abroad and maintain their focus on consolidating the democratic and accountable foundations of the security sector. ■ The UN should build a stronger understanding of how countries that contribute to peace- keeping missions are affected politically, financially and in respect of their security by making these contributions.
Topic:
Security, Defense Policy, Democratization, Development, Non State Actors, Fragile States, Violence, Peace, Police, and Justice
Political Geography:
Africa and Ghana

25. War Crimes and Punishment: The Terrain Compound Attack and Military Accountability in South Sudan, 2016–18

Author:
Flora McCrone
Publication Date:
08-2019
Content Type:
Policy Brief
Institution:
Small Arms Survey
Abstract:
On 11 July 2016, government forces stormed Terrain, a residential compound in Juba, South Sudan. Systematic violence, looting, and vandalism ensued—including one fatality, multiple incidents of rape and torture, as well as destroyed property. War Crimes and Punishment: The Terrain compound attack and military accountability in South Sudan, 2016–18, a Briefing Paper from the Small Arms Survey’s Human Security Baseline Assessment for Sudan and South Sudan (HSBA) project, examines both the attack and the subsequent special court martial that followed from May 2017 to September 2018. Despite the SPLA’s sub-par record of providing justice for victims of war crimes, the paper finds that when certain individuals and their interests align, accountability can be achieved through formal justice mechanisms.
Topic:
War Crimes, Conflict, Accountability, and Justice
Political Geography:
Africa, Sudan, and South Sudan

26. Taking a Stand: A call to action by the church against injustice towards LGBTI people

Author:
Allan Boesak
Publication Date:
06-2019
Content Type:
Special Report
Institution:
The Other Foundation
Abstract:
At its 2008 General Synod the Uniting Reformed Church in Southern Africa considered a report on the church’s stand on the question of sexual orientation and nonconformity. That was a moment, in my view, in which this church, who had declared apartheid, its biblical and theological justification a heresy and led the ecumenical movement in doing the same; who in formulating in 1982, and adopting in 1986 the Belhar Confession as a new standard of faith, faced its greatest challenge since confronting apartheid. Central to the Confession are our unity in Christ; the reconciliation wrought by Christ, and the justice demanded by God. These three things. I was the convenor of that task team and presenter of the report at the synod. It was one of those utterly shattering, fundamentally life-changing experiences. After a hostile, and theologically disturbingly crude, debate, the synod rejected the report, its contents, its conclusions and its recommendations calling for justice for LGBTQI persons and referred the report for reconsideration. Even though the words, “another, more anti-gay report” were deleted from the amended version of the original proposal, the intention could not have been clearer. What was striking and shocking, even though hardly unknown in debates on this matter it seems, was the stridently hostile tone of the debate, the blatant homophobic language that dominated the discussion all through the afternoon. Speakers who took the floor did not even attempt to disguise their contempt. Some spoke openly of LGBTQI persons as “animals”, “not created by God”; of bestiality and of LGBTQI persons in one breath, all of which as being a “scandal” and “stain” upon the church. It was an experience that had left me shaken and disoriented: how could the same church that took such a strong stand against apartheid and racial oppression, gave such inspired and courageous leadership from its understanding of the Bible and the radical Reformed tradition; that had, in the middle of the state of emergency of the 1980s with its unprecedented oppression, its desperate violence and nameless fear given birth to the Belhar Confession that spoke of reconciliation, justice, unity and the Lordship of Jesus Christ, now display such blatant hatred and hypocrisy, deny so vehemently for God’s LGBTQI children the solidarity we craved for ourselves in our struggle for racial justice, bow down so easily at the altar of prejudice and bigotry?
Topic:
Human Rights, Religion, Christianity, LGBT+, Justice, and Advocacy
Political Geography:
Africa and South Africa

27. The Cost of Justice: Exploratory Assessment on Women’s Access to Justice in Lebanon, Jordan, Egypt and Yemen

Author:
Sarah Barakat
Publication Date:
06-2018
Content Type:
Research Paper
Institution:
Oxfam Publishing
Abstract:
Women in the Middle East and North Africa region face challenges in their attempts to seek and get justice. Despite some promising legal awareness initiatives, mostly led by civil society, women’s knowledge of their rights and family law is limited. They lack social capital and the financial means to claim their rights, and the systems in place to provide financial support are insufficient and often ineffective. Women’s pursuit of justice is further limited by entrenched patriarchal values at community and court levels. Though some laws in the countries covered by this research have been positively amended recently, women still face discrimination in the judicial system based on their sex, their religion, and their financial status.
Topic:
Civil Society, Gender Issues, Women, and Justice
Political Geography:
Africa, Middle East, Yemen, Lebanon, Egypt, and Jordan

28. Celebrating the Centenary of Nelson Mandela’s Birth and his Nationalist Humanist Vision

Author:
Ndlovu-Gatshenim Sabelo J. and Busani Ngcaweni
Publication Date:
12-2018
Content Type:
Journal Article
Journal:
African Journal on Conflict Resolution
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
Nelson Rolihlahla Mandela, charismatic and iconic, is a product of his time and can only be understood within the context of the social movements that he belonged to and led. Thus, this article locates Mandela within the local and global context in which he emerged while at the same time making sense of his instrumental interventions and nationalist humanist vision of life, peace and justice. This article situates Mandela’s political life within the broader context of the third humanist revolution, which was a response to the inimical processes of racism, enslavement and colonisation. In its centenary celebration of Mandela, the article re-articulates how he embodied alternative politics founded on the will to live as opposed to the will to power; the paradigm of peace as opposed to the paradigm of war; political justice as opposed to criminal justice; as well as pluriversality as opposed to tragic notions of racial separate development known as apartheid. What is fleshed out is a ‘Mandela phenomenon’ as founded on strong progressive politics albeit predicated on the unstable idea of the potential of advocates and victims of apartheid undergoing a radical metamorphosis amenable to the birth of a new pluriversal society.
Topic:
Nationalism, Leadership, Peace, and Justice
Political Geography:
Africa and South Africa

29. Towards Justice and Reconciliation in Post-Conflict Countries

Author:
Charles Mulinda Kabwete
Publication Date:
07-2018
Content Type:
Journal Article
Journal:
African Journal on Conflict Resolution
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
This article contributes to the debates around concepts of truth, confession, forgiveness and reconciliation. The theoretical discussion shows to what extent these concepts are interconnected, and share a complex relation with justice and reconciliation. It argues that the knowledge about past violence is hardly a canonical truth. It is at best a negotiated truth. This knowledge is inevitably a combination of facts and interpretations. This knowledge is sought and used for understanding past violence but also for paving a way towards the reconstruction of post-conflict societies. The article argues that confession offers a twofold opportunity: it produces knowledge of past violence, and acknowledgement of victims’ pain through perpetrators’ expression of remorse, although in a limited manner. Forgiveness is also discussed in relation to its essential meaning, the actors involved, and its purposes. Finally, reconciliation is built on two pillars, firstly, the proclamation of a seemingly achieved reconciliation; and secondly, the experiencing of reconciliation in everyday interaction between perpetrators and victims.
Topic:
Conflict, Justice, Reconciliation, and Truth
Political Geography:
Africa

30. The International Criminal Court and the African Union

Author:
Westen K. Shilaho
Publication Date:
07-2018
Content Type:
Journal Article
Journal:
African Journal on Conflict Resolution
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
There is a diplomatic impasse between the International Criminal Court (ICC) and the African Union (AU) regarding accountability for mass atrocities committed in Africa. The AU accuses the ICC of bias against African rulers, in effect, ‘Africans’, while the ICC insists that as a permanent legal institution, it affords justice to all victims of egregious crimes such as war crimes, crimes against humanity and genocide. And so Africans, victims of these crimes, deserve justice too. Since the indictment of the Sudanese president, Omar al-Bashir, twice for crimes against humanity and then for genocide, the ICC has elicited antipathy from some African rulers and their supporters who perceive it as an adjunct of imperialism encroaching on Africa’s sovereignty. However, sovereignty entails responsibility to protect (R2P). The AU Constitutive Act of 2000 affirms this under the non-indifference principle. It is therefore counter-intuitive to accede to international norms and concurrently invoke ‘absolute sovereignty’ as some African rulers attempt to do. Africa’s conflicts are characterised by mass atrocities owing to weak states that are unable and often unwilling to protect citizens and dispense justice. In some cases these states are themselves perpetrators of heinous crimes, which necessitates intervention by the international community. Historically, realpolitik, self-preservation and geopolitics have marred international criminal justice, and Africa’s relationship with the West is steeped in humiliation making some African rulers suspicious of Western-dominated institutions. The perception that the ICC dispenses lopsided justice stems from this history. This paper argues that the choice between justice and peace is a false one since the two mutually reinforce each other, while impunity, if not checked, portends instability in Africa.
Topic:
International Cooperation, United Nations, Justice, International Criminal Court (ICC), and African Union
Political Geography:
Africa