Search

Begin New Search Topic Transitional Justice Political Geography Africa

1. Traditional Transitional Justice Mechanisms: Lessons from Africa

Author:
Nomathamsanqa Masiko-Mpaka
Publication Date:
01-2020
Content Type:
Policy Brief
Institution:
Centre for the Study of Violence and Reconciliation (CSVR)
Abstract:
Transitional justice is widely accepted as a process for countries to employ when transitioning from authoritarian rule or armed conflict to democracy and in their quest to address legacies of systemic violence and human rights violations. As defined by the African Union, transitional justice refers to “the various (formal and traditional or non-formal) policy measures and institutional mechanisms that societies, through an inclusive consultative process, adopt in order to overcome past violations, divisions and inequalities and to create conditions for both security and democratic and socio-economic transformation.” While societies coming out of conflict or authoritarian rule have different histories, priorities and needs, commonly used mechanisms of transitional justice include criminal prosecutions, truth telling, reparations, institutional reforms, memorialisation, traditional justice, and vetting and lustration. The implementation of transitional justice is believed to be more effective, impactful and holistic when a combination of mechanisms is employed either simultaneously or sequentially.
Topic:
Human Rights, Democracy, Transitional Justice, Violence, and Justice
Political Geography:
Uganda, Africa, Mozambique, Sierra Leone, and Rwanda

2. Transitional Justice and the Inclusion of LGBTQIA+ Rights

Author:
Thokozani Mbwana
Publication Date:
01-2020
Content Type:
Policy Brief
Institution:
Centre for the Study of Violence and Reconciliation (CSVR)
Abstract:
Transitional justice, as defined by the African Union Transitional Justice Policy (AUTJP), is a set of processes and mechanisms that aim to assist society in coming to terms with authoritarianism, past abuses and conflict. This is done by promoting accountability, peace, reconciliation and justice. The processes include judicial and non-judicial mechanisms such as criminal prosecutions, truth commissions (truth telling and seeking), institutional reforms and reparations.
Topic:
Transitional Justice and LGBT+
Political Geography:
Africa

3. Building on Quicksand: Pursuing Transitional Justice in Times of Great Upheaval

Author:
Nadim Houry
Publication Date:
11-2020
Content Type:
Working Paper
Institution:
Arab Reform Initiative (ARI)
Abstract:
Anyone who cares about transitional justice in the Middle East and North Africa (MENA) faces a daunting task. How to address the past when the present is in great upheaval? How to tackle yesterday’s wars and violations when new ones—often worse—are occurring today? Practitioners have long recognized that transitional justice is a slow and nonlinear process that requires patience and long-term planning. Setbacks are expected along the way but, in the end, there is the promise or assumption that “if you keep at it, you will eventually get results.” But is this assumption still valid in the MENA region? Are existing transitional justice efforts succeeding in laying the groundwork for a better future, or are they being washed away by new rounds of violence and repression? The issue is both conceptual and pragmatic. On one level, there is the question of whether a society can start addressing the traumas of the past while simultaneously dealing with new traumas, often caused by new actors. On another level, there is the question of what sort of transitional justice processes and institutions can deal with the past, while also being able to adapt to an ever-shifting present. The challenges are immense and there are no easy answers. Here, I highlight the need for further research on transitional justice processes in the MENA region, with a focus on recent years of upheaval. Two fundamental questions emerge: (i) how to reconcile past and current claims; and (ii) how to accommodate ever-changing sources of legitimacy, given the increasing hollowness of state structures in the region.
Topic:
International Law, Transitional Justice, State Building, and Humanitarian Crisis
Political Geography:
Africa and Middle East

4. All forgiven? South Sudan’s Transitional Government and the recurring risk of atrocities

Author:
Juliette Paauwe
Publication Date:
03-2020
Content Type:
Commentary and Analysis
Institution:
The Global Centre for the Responsibility to Protect
Abstract:
After an almost seven-month delay, on 22 February South Sudan formed a new Transitional Government of National Unity (TGoNU), reuniting long-term rivals and former enemies President Salva Kiir and opposition leader Riek Machar. Although this constitutes a major breakthrough in the peace process, many questions remain regarding the impact this reunion will have on the long-term stability of South Sudan. Will the two leaders finally be able to resolve contentious issues while sharing power, or will the country return to violence and bloodshed?
Topic:
Transitional Justice, Atrocities, and Transition
Political Geography:
Africa and South Sudan

5. Women’s Experiences of Dictatorship in the Gambia

Author:
The International Center for Transitional Justice
Publication Date:
12-2019
Content Type:
Working Paper
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
Since the Gambia's Truth, Reconciliation, and Reparation Commission (TRRC) began public hearings in January 2019, an important part of the country’s narrative has not yet come to light or been publicly acknowledged: the experiences of women. This report brings forward the voices of women victims and sheds light on the violations they have suffered under Jammeh’s dictatorship and their enduring impact on their lives and those of their families.
Topic:
Gender Issues, Women, Transitional Justice, Reconciliation, and Truth
Political Geography:
Africa and Gambia

6. Situating Security Sector Reforms in Kenya’s Discourse on Inclusion and National Dialogue Process

Author:
Christopher Gitari
Publication Date:
04-2019
Content Type:
Working Paper
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
This paper explores political exclusion in Kenya and its consequences on the social fabric of the nation. It draws from past governmental reports and analysis to formulate new recommendations that can inform current discourse. It first provides an overview of ethnicity in Kenya. It then describes experiences of exclusion by minority groups, as well as state responses to exclusion. Finally, it looks at efforts to reform the security sector. It closes by offering some general guiding principles and recommendations.
Topic:
Security, Transitional Justice, Participation, and Exclusion
Political Geography:
Kenya and Africa

7. 'You Can Change the Course of a Country:' Report on the International Gender Symposium

Author:
Sibley Hawkins
Publication Date:
08-2019
Content Type:
Working Paper
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
In February 2019, ICTJ hosted an international symposium on gender and transitional justice in Tunisia that brought together representatives from eight countries where ICTJ has been actively engaged in implementing a gender-focused approach to its programming. This briefing paper presents the lessons learned and key strategies that came out of this conference, as well as recommendations to international organizations, donors, and the media.
Topic:
Gender Issues, Women, Media, and Transitional Justice
Political Geography:
Africa, Middle East, Asia, Sri Lanka, Nepal, Syria, and Tunisia

8. Can Building Bridges Break the Cycles of Corruption and Political Violence in Kenya?

Author:
Agatha Ndonga and Ruben Carranza
Publication Date:
11-2019
Content Type:
Working Paper
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
In its report, the Kenya Truth, Justice and Reconciliation Commission concluded that “corruption is endemic in Kenya” and that “there is a direct link between corruption and gross violation of human rights.” This paper considers the extent of impunity for corruption in Kenya, how corruption fuels and facilitates political violence and land injustices, and how Kenya can learn from other countries’ experiences to go beyond building bridges among the elite and meaningfully protect the rights of its citizens.
Topic:
Political Violence, Corruption, Transitional Justice, Reconciliation, and Truth
Political Geography:
Kenya and Africa

9. “Who Hears My Voice Today?”: Tunisia’s Forgotten Women Victims

Author:
Doris H. Gray
Publication Date:
12-2018
Content Type:
Working Paper
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
This report focuses on “indirect victims” of human rights violations in Tunisia, namely, the wives, sisters, and children of political prisoners in Tunisia, who suffered discrimination, social exclusion, police violence, and harassment as a result of their relatives’ incarceration during the dictatorship, as well as mothers of the martyrs. Though they may not have suffered incarceration, physical torture, or even death like their relatives, these victims were persecuted and discriminated against and experienced severe economic hardship and isolation after a family member was detained for political and/or religious activities. They were dismissed from work, expelled from school, and/or subjected to random police searches and harassment. Some women fled the country to escape a painful life of isolation and harassment, in many cases with their children, carrying nothing but the clothes on their back. Until now, there has been no substantive, systematic study of these victims, who suffered economic blacklisting, denial of due process, as well as other social and economic rights violations. The aim of this report is to shed light on this population of victims that is often overlooked or silenced in the process of transitional justice and post-uprising nation building. Accurate data on the number of people who were detained for political reasons during Tunisia’s dictatorship period (1955–2011), including women activists, has been nearly impossible to collect. What is known is that the immediate and extended family members of these prisoners, who also suffered human rights abuses, continue to live with the consequences of those violations today. Their fate raises important questions in the human rights discourse because the violations they suffered do not fit neatly within typical human rights narratives, which tend to prioritize civil and political violations and violations of physical integrity. The findings in this report are based on extensive interviews conducted with more than 250 women family members of detainees and mothers of martyrs from nine regions and Tunis in July, August, and December 2017. For many victims, the most pervasive and sustained consequences of the human rights violations they suffered have been the break-down of the family and lost confidence in the judicial and political system, coupled with the sowing of mistrust among family members and communities who feel betrayed. According to the Universal Declaration of Human Rights, families are the building blocks of a society; thus, the destruction of the family unit has serious consequences for individuals and society. In most cases, the forced separation of family members—wives from husbands, mothers and fathers from sons and daughters—has led to permanent estrangement or domestic strife. For example, when husbands were incarcerated, the pressure on their wives was sometimes so great that they were compelled to give their children away to be raised by members of their extended family. Further, women who had not previously worked outside the home or who lost their job as a result of being related to an “enemy of the state” had to generate an income and/or depend heavily on the financial and social support of relatives. Women relatives of political prisoners were also harassed by Tunisia’s system of pointage (which required the relatives of prisoners to report daily to different police stations) and having to travel long distances to deliver couffins (traditional baskets) containing food, clothing, blankets, and/or medicine to their incarcerated relatives, who were often relocated to far-away prisons to increase the burden on families. Many women experienced sexual harassment and violence, sometimes at the hands of police officers during their pointage-mandated check-ins, other times by neighbors or others in the community who took advantage of their heightened vulnerability in the absence of male family members. This type of harassment and violence further enhanced these victims’ sense of shame, estrangement, and self-loathing, especially considering the highly conservative religious communities most lived in. Detainees, once released from prison, were often incapable of resuming their normal family relationships with their loved ones, returning from torture chambers to their homes. An inability to engage in healthy marital relations led, in some cases, to violent interactions with their family members. Though many wives, sisters, and mothers feel a need to stand by their persecuted men, interviews revealed that some children resent their father’s political choices, which they blame for destroying their hope for a decent life. In some cases, women were even forced by their family to divorce their husband while he was in prison and marry a man from the police or security forces, in order to lift the weight of alienation and harassment from the extended family. It is essential that this array of consequences be examined in a systematic way, in order to begin to understand the full impact of the state’s willful destruction of families on indirect victims. Many Tunisians have spent a majority of their life living under repressive rule, and from interviews, it seems clear that some of the effects of such a life have not only persisted for the women but in some cases have transferred to their families. The deeply entrenched and justifiable lack of trust in state institutions expressed in interviews with victims (both direct and indirect) can only be repaired with efforts on the part of the state to highlight the human rights violations experienced, address the needs of victims and ensure non-repetition. After the 2011 revolution, Tunisia embarked on a process to address past human rights violations under the comprehensive framework established by the Organic Law on Establishing and Organizing Transitional Justice. The process has faced numerous challenges, including a difficult political terrain, and victims have expressed frustration with the lack of results. The Truth and Dignity Commission was plagued by internal divisions, while the Specialized Chambers has faced slow implementation. The other elements included in the law – reparations, memorialization and institutional reform – are still forthcoming. This report offers documentation and analysis that aims to enhance the current understanding of the experiences of this population of victims. It underscores the importance of actively involving victims in the process of societal transformation. The transitional justice process in Tunisia must recognize the experiences of indirect victims and seek to address the consequences of the violations they faced. This report highlights that this goes beyond ensuring their participation in the process, which is important, to contributing to their ability to exercise agency in their lives and make
Topic:
Gender Issues, Women, Gender Based Violence, Transitional Justice, and Victims
Political Geography:
Africa and Tunisia

10. Legal Frameworks for Specialized Chambers: Comparative Studies for the Tunisian Specialized Criminal Chambers

Author:
Howard Varney and Katarzyna Zdunczky
Publication Date:
05-2018
Content Type:
Working Paper
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
In some contexts, the global community has resorted to international tribunals to prosecute the most serious past crimes, such as war crimes, crimes against of humanity, and genocide. While these international efforts contributed significantly to international justice, they were resource draining and located outside the countries in which the crimes took place. To overcome these issues, the so-called hybrid court was developed that combines domestic and international law and personnel. Tunisia has adopted a purely domestic hybrid court.
Topic:
Genocide, Transitional Justice, International Crime, and Humanitarian Crisis
Political Geography:
Africa and Tunisia