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11. 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

12. 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

13. When No One Calls It Rape: Addressing Sexual Violence Against Men and Boys

Author:
Amrita Kapur and Kelli Muddell
Publication Date:
12-2016
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
There is no doubt that the scope of the problem for male victims is large. The World Health Organization has identified sexual violence against men and boys as a significant problem that has been largely ignored by nongovernmental organizations, health care providers, government agencies, criminal justice authorities, and others. The violations can take many forms, including rape, gang rape, sexual slavery, enforced nudity, and being forced to perform sexual acts with others. Very commonly, sexual violence against men is committed in situations of detention. Studies have shown this pattern in contexts such as Chile, El Salvador, Libya, Sri Lanka, Syria, the United States, and the former Yugoslavia. Transitional justice mechanisms—including truth commissions, reparations programs, and criminal trials—are well placed to begin tackling some of these issues as part of efforts to address legacies of violence. Yet, although the problem has been addressed by some transitional justice efforts in certain countries, there is still wide variation and inconsistency in terms of the responses to these violations and attempts to involve male victims of sexual violence in these processes. The risk that male victims will remain invisible and left out of responses to sexual violence is significant, unless their rights and concerns are given a specific focus comparable to that now increasingly given to female victims. A number of factors contribute to the generally lackluster response by both state and nonstate actors involved in implementing transitional justice processes. One is the tendency to conflate sexual violence with violence against women and girls, which contributes to the perception that it is a women’s issue, thus limiting the responses available to victims falling outside of this group, including men and boys. This means that male victims’ experiences of sexual violence continue to be underreported, misunderstood, and mischaracterized in transitional justice processes. Another issue is under-reporting, which is particularly relevant for truth commissions as the statements they receive from victims not only inform their final reports, but also typically contribute to the creation of victim registries and the design of reparations programs, and even prosecutions. In many cases, male victims are reluctant to acknowledge the sexual nature of the violations committed against them. This can happen in order to avoid the social stigma attached to such acts or due to the fear of being perceived as weak, labeled homosexual, or being accused of having “wanted it.” Even in instances where men report acts of sexual violence, those receiving the reports rarely handle the report with the sensitivity and awareness they require. Medical practitioners, for example, may not be adequately trained to recognize, identify, or treat male victims or they may themselves accuse male victims of homosexuality or otherwise perpetuate social misconceptions about these crimes.
Topic:
Criminal Justice, Sexual Violence, Men, Reparations, Gender, Truth and Reconciliation, and Boys
Political Geography:
Africa, Europe, Middle East, Asia, South America, North Africa, and North America

14. On the Path to Vindicate Victims’ Rights in Uganda: Reflections on the Transitional Justice Process Since Juba

Author:
Michael Otim and Sarah Kasande Kihika
Publication Date:
06-2015
Content Type:
Policy Brief
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
The government of Uganda has been slow to address and remedy serious human rights abuses committed against civilians throughout the country, despite its commitment under the Juba peace talks. This paper analyzes some of the underlying factors that seem to impede the implementation of transitional justice measures in Uganda, such as waning political support and an overly bureaucratic process, and offers practical recommendations on how to advance the process.
Topic:
Transitional Justice, Criminal Justice, Reparations, Human Rights Violations, and Truth and Reconciliation
Political Geography:
Uganda and Africa

15. Learning From Our Past: An Exploration of Truth, Justice, and Reconciliation in Kenya

Author:
Karen Murphy, Dylan Wray, and Lucía Ramírez-Bolívar
Publication Date:
11-2015
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
This educational tool for educators and mentors is designed to help teach young people in Kenya about difficult periods in Kenyan history and foster discussion on issues of justice, democracy, leadership, and their role as Kenyan citizens. It uses thought-provoking discussion questions, accessible language, and colourful, expressive illustrations to engage readers (primarily aged 14-18) to think about the different challenges facing their country as they learn about the past. Unlike with most history textbooks, it encourages young people to explore their own roles in shaping society and consider how they can be agents of social change. History lessons are drawn directly from the work of Kenya’s Truth, Justice and Reconciliation Commission. The booklet was created by ICTJ, Facing History and Ourselves, and Shikaya.
Topic:
Education, Transitional Justice, Truth and Reconciliation, and Youth Engagement
Political Geography:
Kenya and Africa

16. Lessons to Be Learned: An Analysis of the Final Report of Kenya’s Truth, Justice and Reconciliation Commission

Author:
Christopher Gitari Ndungú
Publication Date:
05-2014
Content Type:
Policy Brief
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
This paper analyzes the contents of the Final Report that the Kenyan Truth, Justice and Reconciliation Commission (TJRC) presented to President Uhuru Kenyatta on May 21, 2013, after four years of investigations. In particular, it evaluates the report’s information and findings, the logic of the commission’s conclusions and recommendations, and the apparent efforts made by commissioners to examine notorious and contentious past conducts. The paper concludes that, despite the controversies that surrounded the TJRC during its tenure, the contents of the Final Report can be used to consolidate the search for justice for victims of historical injustices in Kenya.
Topic:
Transitional Justice, Justice, and Truth and Reconciliation
Political Geography:
Kenya and Africa

17. Negotiating Transition: The Limits of the South African Model for the Rest of Africa

Author:
Centre for the Study of Violence and Reconciliation (CSVR)
Publication Date:
03-2010
Content Type:
Working Paper
Institution:
Centre for the Study of Violence and Reconciliation (CSVR)
Abstract:
This report provides information and details from the seminar, 'Negotiating Transition: The Limits of the South African Model for the Rest of Africa,'. The seminar explored the impact that the South African model of transitional justice has had in other contexts. It also looked at the effect that political deals such as governments of national unity have on the possibility for effective justice post-conflict.
Topic:
Transitional Justice, Violence, and Truth and Reconciliation
Political Geography:
Africa and South Africa