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1. Advancing Victims’ Rights and Rebuilding Just Communities: Local Strategies for Achieving Reparation as a Part of Sustainable Development

Author:
The International Center for Transitional Justice (ICTJ)
Publication Date:
11-2023
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
This comparative study examines strategies used by local actors to facilitate the operationalization of reparations for victims of widespread human rights violations, while highlighting the synergies between these efforts and sustainable development. The study is based on the fieldwork of ICTJ and its partners in four contexts—Colombia, The Gambia, Tunisia, and Uganda. These countries represent a range of different situations, where the progress made, challenges faced, and overall political and institutional contexts vary significantly. Nonetheless, comparison of the approaches used across the cases offers valuable insights for those working in these and other contexts. In The Gambia, the truth commission and legislation for reparations have created expectations among victims, but a program has yet to be implemented. In Uganda, the legal and policy framework for reparations exists, but there is no enabling legislation or mechanism to provide them as a result of stalled political will. In Tunisia, the truth commission recommended reparations, but the political and economic situation make operationalization unlikely. In Colombia, challenges faced by reparations have informed the design of restorative sanctions that include reparative projects but are yet to be implemented. The major insights gained from this comparative study relate to the specific ways in which reparations can contribute to individual and community well-being and development; innovative and effective approaches to ensuring victims and communities receive reparations and support, including through collective action, engagement with government, and grassroots initiatives; the integration of victims’ needs and priorities into development policies and models; and the reparative elements of complementary accountability and reform measures that are participatory, address corruption and marginalization, and contribute to gender justice and equality. The report offers practical guidance and policy recommendations for advancing reparations as an integral element of broader societal efforts to facilitate inclusion, justice, peace, and development.
Topic:
Human Rights, Sustainable Development Goals, Accountability, Reparations, and Truth and Reconciliation
Political Geography:
Uganda, Africa, Colombia, South America, Tunisia, and Gambia

2. Reparations for Victims of the Marikana Masssacre

Author:
Hugo van der Merwe, Jordi Vives-Gabriel, and Malose Langa
Publication Date:
06-2022
Content Type:
Policy Brief
Institution:
Centre for the Study of Violence and Reconciliation (CSVR)
Abstract:
This policy brief presents a summary assessment of the progress made in providing redress for victims of the Marikana Massacre,1 when 34 striking miners were killed by the South African Police Service (SAPS) in 2012 and ten people were killed in the conflict that led up to it. In the ten years since the massacre, there has been meagre progress in addressing its consequences. Direct victims and their relatives have not received full reparations, the community of Marikana remains underdeveloped and deeply divided, and the apartheid legacy of the mining sector in South Africa remains an unresolved wound in the national psyche. An integrated approach is required to address both the systemic injustices and the specific legacies of the Marikana Massacre, while being clear about the specific responsibilities of all the stakeholders. This policy brief spells out key facts about the events, outlines what progress that has been made in the last ten years in seeking truth, justice and reconciliation, and spells out recommendations for state, corporate and civil society actors on the way forward.
Topic:
Torture, Criminal Justice, State Violence, Police, and Reparations
Political Geography:
Africa and South Africa

3. Leaving Behind the Worst of the Past: Transitional Justice and Prevention in Sierra Leone

Author:
Ibrahim Bangura
Publication Date:
07-2021
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
From 1991 to 2002, Sierra Leone experienced a destructive civil war that fomented widespread violence and abuse. To address both the causes and consequences of the war, the country implemented criminal prosecution, a truth commission, a limited reparations program, institutional reforms, and local reconciliation practices. Nearly two decades after the end of the war, the country has avoided the recurrence of violent conflict, made substantial socioeconomic progress, and improved its democratic governance. This study analyzes how transitional justice in Sierra Leone has contributed to prevention through accountability and redress measures that addressed the grievances of those who were harmed by human rights violations and reduced the exclusion associated with the violence. Institutional and other reforms also helped to address the causes of the past violence and catalyze long-term change. At the same time, however, these contributions were limited in terms of reach and implementation. Despite these achievements, many of the civil war’s root causes—including poverty, unemployment, illiteracy, and a lack of agency among and recognition of ordinary people—remain unaddressed, and many of its consequences unredressed. The marginalization of young people, a key factor in the onset of the war, continues to be a societal problem. At the political level, ethno-regional-based approaches have deepened divisions and ethnic tension and increased the risk of instability. While transitional justice has helped Sierra Leone to avoid the recurrence of the worst of its recent past, a more comprehensive approach to sustainable peace and development is needed to address the historical legacies of the conflict and meet the current challenges. This approach will demand enormous political engagement, willpower, and resources, as well as community-based mobilization. It will also require following through on transitional justice processes, such as fully implementing the truth commission’s recommendations, and a range of additional political, social, and economic measures.
Topic:
Reform, Youth, Criminal Justice, Memory, Institutions, Engagement, Reparations, and Truth and Reconciliation
Political Geography:
Africa and Sierra Leone

4. ‘A Drop of Water on a Hot Stone:’ Justice for Victims in the Central African Republic

Author:
Rim El Gantri and Arnaud Yaliki
Publication Date:
03-2021
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
The Central African Republic (CAR) has endured six decades of violent conflict, which has fractured the country and weakened the state’s ability to provide not only justice but also basic services. Victims of human rights violations, especially those outside the capital Bangui, often belong to profoundly marginalized communities. Their victimhood is thus aggravated by daily struggles of exclusion, inequality, and the absence of alternatives. This research report examines the notion of justice and its feasibility from the perspective of a victim-centered approach in a context of profound fragility and extreme poverty. The first section of the report gives an overview of the contextual challenges to providing justice to victims, including the ongoing violent conflict and widespread human rights violations, polarization, lack of inclusion, social norms, and the exclusion of young people from decision-making processes. These obstacles, which deepen the justice gap, are generally not taken into consideration when designing justice measures and initiatives. The second section describes existing justice initiatives and those currently being established in CAR, including judicial and non-judicial mechanisms and those administered by national and international bodies. However, high operating costs, dysfunction, corruption, and centralization of services in the capital severely tend to limit the ability of these initiatives to deliver justice to victims. The third section discusses victims’ demands and aspirations for justice based on their experiences and priorities. It sheds light on the need for meaningful participation of victims, members of marginalized communities, and civil society representatives, among others, in justice initiatives in order to ensure their legitimacy and facilitate their implementation. Garnering such broad participation requires engaging, unifying, and impactful communication and outreach strategies. The report concludes with a set of conclusions and recommendations that acknowledge the challenges in providing justice to victims in a fragile context like CAR and highlight innovative transitional justice strategies in which victims are the cornerstone.
Topic:
Reform, Youth, Criminal Justice, Memory, Institutions, Engagement, Reparations, and Truth and Reconciliation
Political Geography:
Africa and Central African Republic

5. Transitional Justice and Prevention: Summary Findings from Five Country Case Studies

Author:
Roger Duthie
Publication Date:
06-2021
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
This report summarizes the findings of an ICTJ research project exploring the role that transitional justice can play in preventing both massive and serious violations of human rights as well as violence and violent conflict more broadly. Its conclusions are drawn from case studies of five countries—Colombia, Morocco, Peru, the Philippines, and Sierra Leone—representing a range of complex contexts in which societies are grappling with violent conflicts, repressive governments, or acute inequality. It argues that transitional justice should be an integral element of conflict prevention, peacebuilding, and sustainable development. The report contends that transitional justice can contribute to prevention by: (1) addressing the exclusion and other harms that victims experience due to human rights violations they suffered; (2) addressing the exclusion and related injustices that communities and social groups face as a result of targeted violations and structural marginalization; (3) strengthening the rule of law and making it more inclusive; and (4) catalyzing the reform of institutions and laws that have perpetuated violence and discrimination as a means to exclude marginalized groups. The report also identifies a number of limitations to the preventive impact of transitional justice, including: (1) tensions that can exist between justice and prevention initiatives, especially in the short term; (2) justice processes that may be seen to be insufficiently participatory or even exclusionary themselves; (3) a lack of implementation of measures and reforms that are designed or recommended; and (4) contextual factors such political dynamics, security concerns, and the absence of broader structural change. The report concludes that applying a prevention lens to transitional justice does not fundamentally change how the field is understood, but it does have broad policy implications. First, fostering inclusion should be a primary objective of both the outcomes and the design of transitional justice mechanisms. Second, assessing the preventive role of transitional justice requires a long-term approach to inclusion and reform as these involve changes to social relationships, institutions, and structures. Third, prevention requires a society to confront both the root causes and consequences of injustice, and transitional justice processes can contribute greatly in this regard. However, they alone are not enough.
Topic:
Reform, Transitional Justice, Criminal Justice, Memory, Institutions, Reparations, and Truth and Reconciliation
Political Geography:
Africa, Middle East, Asia, South America, North Africa, North America, Sierra Leone, Morocco, Peru, and Oceania

6. Truth, Accountability, and Asset Recovery: How Transitional Justice Can Fight Corruption

Author:
Ruben Carranza
Publication Date:
08-2020
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
On March 2 and 3, 2020, two weeks before the World Health Organization (WHO) declared a COVID-19 global pandemic, transitional justice and anti-corruption policymakers, experts, and activists from the Gambia, Kenya, South Africa and Armenia met with their counterparts in Tunisia for a two-day conference entitled, “Truth, Accountability and Asset Recovery: How Transitional Justice Can Fight Corruption,” organized by ICTJ with the support of Tunisia’s National Anti-Corruption Commission (INLUCC) and the Government of the Federal Republic of Germany. This diverse group of leaders came together to share solutions to a common problem: How can countries emerging from dictatorship, war, or political transitions hold corrupt ex-rulers accountable, recover their ill-gotten assets, and ensure that those harmed the most by human rights violations and large-scale corruption can achieve justice, obtain reparations, and overcome marginalization? For many countries pursuing transitional justice, including those represented by participants in the conference, the health and economic impact of the pandemic has made it more urgent to find and design solutions that advance accountability for both human rights violations and corruption. In Kenya, for example, citizens questioned the government’s use of $12 million in COVID-19-related aid from the World Bank, “amid reports that the lockdown intended to curb the spread of the virus had worsened poverty, even forcing a mother to cook stones to make her eight children believe she was preparing food for them.” In Tunisia, INLUCC “identified 11 instances of suspected corruption and conflicts of interest” related to a government deal to acquire millions of facemasks. At the conference, participants brought up the role of the World Bank and the International Monetary Fund (IMF) in enabling corruption during dictatorship or in facilitating state capture through privatization. Ninety-seven human rights and anti-corruption groups have jointly reminded the IMF, which has offered loans to pandemic-hit countries even as it continues to set austerity as a condition, that “transparency and accountability are key to making sure the money the IMF is disbursing actually goes to protecting lives and livelihoods.” This report gives an overview of the conference and its five panel discussions. It presents the thematic questions posed in each panel and summarizes the panelists’ statements and the comments and questions from moderators, other panelists, and participants in the audience. By design, the premise of the conference was clear: The practice by mainly global South countries of including accountability for corruption in their transitional justice processes has settled the debate over whether accountability for corruption should be part of transitional justice. In 2008, the Kenya Truth, Justice and Reconciliation Commission began investigating land-grabbing, large-scale corruption, and violations of economic and social rights. Soon after the Arab Spring in 2011-2012, Tunisia took the most significant steps when it established the Truth and Dignity Commission (TDC) with a mandate that covered violent political repression as well as corruption under former President Ben Ali. In its recently released final report, the commission examines the extent of the corruption and how the development policies and austerity measures imposed by international financial institutions such as the World Bank and the IMF enabled it. In 2016, the post-dictatorship government in the Gambia created a truth commission to examine human rights violations as well as a separate commission of inquiry to investigate ex-dictator Yahya Jammeh’s corruption and identify his ill-gotten wealth. The latter commission is now considering using part of those assets to fund reparations. Although corruption was excluded from the mandate of South Africa’s Truth and Reconciliation Commission, activists in 2017 created the People’s Tribunal on Economic Crime that linked the continuity of post-apartheid corruption to the failure to address it in earlier transitional justice processes. In 2018, the South African government then created the Judicial Commission of Inquiry into Allegations of State Capture to investigate specific economic crimes during and after apartheid. After the 2018 revolution in Armenia that ended a decade of authoritarian rule in the post-Soviet state, the new government embarked on prosecutions for corruption and human rights violations and is now considering a truth commission that would examine specific cases of corruption and human rights violations since 1991. These processes informed the conference, and the panelists who were directly involved in them discussed the challenges, successes, and lessons learned. This report’s original intent was to highlight the most important lessons from these experiences and promote South-South exchanges on transitional justice and accountability for corruption. However, the unprecedented global pandemic during which the conference took place has given it another equally relevant purpose. As ICTJ pointed out in a recent special report on COVID-19, “The pandemic is bringing to the surface underlying inequalities, including the unequal access to health care.” With this in mind, the author hopes this report will also offer policymakers practical approaches to transitional justice that can help address those underlying inequalities, such as measures aimed at improving access to health care for the most vulnerable, and initiatives to use recovered ill-gotten assets to fund reparations for victims.
Topic:
Corruption, Reform, Criminal Justice, Institutions, Reparations, COVID-19, and Truth and Reconciliation
Political Geography:
Kenya, Europe, Armenia, North Africa, Tunisia, Gambia, and Africa

7. Building Blocks for Reparations: Providing Interim Relief to Victims Through Targeted Development Assistance

Author:
Sarah Kasande Kihika and Eva Kallweit
Publication Date:
09-2020
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
The armed conflict in Northern Uganda, stretching across more than two decades, greatly affected the populations of Northern Uganda, which suffered multiple forms of war crimes and gross abuses of human rights. Violations included forced displacement, pillaging, looting and destruction of property, abduction, forced recruitment, slavery, forced marriage, sexual violence, psychological harms, mutilation, killings, torture, and cruel, inhumane, and degrading treatment. These violations have had long-term social and economic consequences for victims, affecting and impairing their functionality, livelihoods, schooling, physical and mental health, social skills, self-esteem, and interpersonal relations in the post-conflict period, with differential impacts on men, women, boys, and girls. This study assesses the opportunities for providing interim relief to victims of conflict-related human rights violations through targeted development programs, pending the establishment of a comprehensive reparations program. Reparations are a response to gross human rights violations, meant to provide redress in its many forms, including compensation to victims. Development assistance differs from reparations in that it is aimed at improving the general socioeconomic conditions of citizens more broadly. This report acknowledges the distinctions between reparations and development, while exploring intersections between the two that could be optimized to address the urgent needs of victims of human rights violations. It identifies substantive and practical considerations that government authorities at the national and local levels should take into account when designing and implementing reconstruction and development programs, and it proposes ways to maximize the potential of ongoing programs to address the immediate needs of victims and mitigate the effects of the abuses they endured. Finally, the study explains how existing recovery and development programs could increase victims’ access, improve their implementation modalities, and address the various challenges and gaps that limit programs’ effectiveness. If they are appropriately designed, local recovery and reconstruction programs can form a foundation upon which reparative approaches can be based and built in the future.
Topic:
Human Rights, Reform, Transitional Justice, and Reparations
Political Geography:
Uganda and Africa

8. Memorialisation as an Often Neglected Aspect in the Consolidation of Transitional Justice

Author:
Shirambere Philippe Tunamsifu
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:
For more than five decades after the Independence Day (1960–2018), the Democratic Republic of the Congo (DRC) has continued to witness large-scale violations of human rights and serious violations of international humanitarian law. Trying to deal with past abuses, the country twice experienced a process of transitional justice, in 1992 and in 2004, as the result of the Conférence Nationale Souveraine and the Inter-Congolese Dialogue, respectively. Both of these processes failed to achieve the desired result, and neither adopted any memorialisation process that honours the memory of victims. In October 2013, however, delegates to the Concertation Nationale recommended the government to build monuments in memory of victims of the different armed conflicts. Unfortunately, five years later the government has not yet done anything to implement that recommendation. Based on the interrogation of stakeholders, this paper offers strategies on how to honour the memory of victims of the various armed conflicts in the DRC – in order to consolidate the degree of transitional justice that had been attained. To collect data, 32 key informants were interviewed and two focus group discussions were held in areas affected by armed conflicts. Findings included the recommendation that the State should apologise publicly for its failure to protect the civilian population. Thereafter, a commemorative day should be adopted to bring together victims and alleged perpetrators, and official monuments and memorials should be built in the most affected areas. Uncostly monuments, and aptly named schools, hospitals and public markets in memory of abuses should be built as symbolic collective reparation.
Topic:
Transitional Justice, Memory, Reparations, and Symbolism
Political Geography:
Africa and Democratic Republic of the Congo

9. Justice Mosaics: How Context Shapes Transitional Justice in Fractured Societies - Report

Author:
Roger Duthie
Publication Date:
05-2017
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
The contexts in which societies attempt to address legacies of massive human rights violations—by confronting impunity, seeking effective redress, and preventing recurrence—are integral to the concept of transitional justice. Such contexts can vary widely: they can include ongoing conflicts, post-authoritarian transitions, post-conflict transitions, and post-transitional periods. They can also differ in terms of institutional and political fragility as well as levels of economic and social development. Broad policy objectives in such contexts can range from rule-of-law promotion to conflict resolution, peacebuilding, vindication and protection of human rights, democratization, development, and social change. As the term suggests, however, the contexts in which societies undertake transitional justice processes are usually to some degree transitional. This is important because transitions create opportunities for addressing past injustice, while at the same time they retain continuities with the past that pose constraints or obstacles for doing so. The fact that context varies is important because the broader context affects the objectives of transitional justice efforts as well as the processes through which they develop, which in turn affect the specific responses that are most appropriate and feasible in each setting. Here processes refer to the different ways in which ideas and movements develop, promote, and coalesce in demands for accountability, acknowledgment, and reform in the aftermath of massive human rights violations.
Topic:
Reform, Criminal Justice, Institutions, Justice, Reparations, Gender, Truth and Reconciliation, and Youth Engagement
Political Geography:
Africa, Europe, Middle East, Asia, South America, and North Africa

10. Recommendations for Victim Reparations in Côte d’Ivoire

Author:
Cristian Correa and Didier Gbery
Publication Date:
08-2016
Content Type:
Policy Brief
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
After a consultation process that involved the active participation of victims, the National Commission for Reconciliation and Compensation for Victims (La Commission Nationale pour la Réconciliation et l’Indemnisation des Victimes des crises survenues en Côte d’Ivoire, CONARIV) made a series of recommendations on reparations and provided an initial list of victims to the government. Now the government must define a policy that is transparent and fair, based on those recommendations and victims’ input. ICTJ has been working with CONARIV, victims’ groups, and other government entities on reparations since 2012, providing technical assistance, encouraging a process of consultation and dialogue, and learning from victims about their needs and demands. This has included consultations with youth and victims from some of the most affected areas of the country. To help advance the process of defining a credible reparations policy for Côte d’Ivoire, this paper presents a series of proposals for the government and the general public. The aim is to advance discussions on the best strategy to address the rights of victims of serious human rights and international humanitarian law violations committed by the warring parties. Through these recommendations, ICTJ seeks to present the knowledge and experience it has gained over several years working in Côte d’Ivoire with government entities, civil society organizations, and victims’ groups that shared valuable insights on understanding the needs, priorities, and possible avenues for providing reparations. It is hoped that these proposals will help to define a reparations policy for Côte d’Ivoire that effectively addresses the consequences of violence that continue to impede the lives of victims.
Topic:
Reparations, Victims, and Truth and Reconciliation
Political Geography:
Africa and Côte d'Ivoire