Search

Begin New Search Topic Truth and Reconciliation Political Geography Asia

1. Civil Society-Led Truth-Seeking Initiatives: Expanding Opportunities for Acknowledgment and Redress

Author:
Eduardo González Cueva, Jill Williams, and Félix Reátegui Carrillo
Publication Date:
04-2022
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
This study reviews civil society-led truth-seeking initiatives in different regions of the world drawing on their experiences, methodologies, and contributions. It identifies lessons learned and best practices and presents practical options for activists considering similar endeavors. The report is inspired by and builds on the work of transitional justice practitioners, including at ICTJ, who deploy wide-ranging modalities to advance truth seeking, including oral history, artwork, theatrical productions, reenactments, museum exhibits, memorials, films, and documentation projects. The right to the truth is a fundamental component of redress for victims of massive human rights violations. Institutional silence, suppression of complaints, and refusal to acknowledge such violations further perpetuates them by protecting and enabling those responsible. In many contexts, government-supported truth commissions are not possible. Moreover, total reliance on state-sanctioned formats can result in one-size-fits-all approaches to truth seeking, devoid of creativity or potential. In the absence of political will, civil society actors have responded to demands for truth by devising and carrying out truth-seeking efforts independently, using a wide array of tools and methods. Civil society-led truth-seeking initiatives provide a practical channel by which communities can respond to demands for redress when the state fails to deliver on its obligations to protect victims’ rights. While truth-seeking initiatives can take many forms, they generally share three main objectives: (1) establish the facts about human rights violations that remain disputed or denied and validate different interpretations and analyses of those facts; (2) protect, acknowledge, and empower victims and survivors; and (3) inform public policy, promote institutional reform, and contribute to social and political transformation. Through an examination of case studies from the United States, Colombia, Scotland, and West Papua, the report highlights common considerations and procedural questions that civil society groups should consider when designing and implementing a truth-seeking mechanism. These considerations can help inspire and guide civil society actors as they lead truth-seeking efforts in the United States and around the world.
Topic:
Reform, Transitional Justice, Youth, Criminal Justice, Memory, Engagement, Reparations, Gender, Atrocity Prevention, and Truth and Reconciliation
Political Geography:
Europe, Asia, Colombia, South America, North America, and United States of America

2. Disrupting Cycles of Discontent: Transitional Justice and Prevention in the Philippines

Author:
Robert Francis B. Garcia
Publication Date:
07-2021
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
The end of authoritarianism in the Philippines in 1986 was an important opportunity to pursue transitional justice and effect societal transformation. This report examines how reparations, legal and institutional reforms, and truth telling about historical injustice and marginalization have contributed to prevention. But it also reveals how the limited and delayed nature of these efforts fits within a broader failure of society to address the root causes and legacies of the past. This, in turn, allows the risk of recurrence to persist. The study examines how the Philippines has responded to the repression and corruption under former president Ferdinand Marcos as well as armed conflicts that persist today. Reparations, for example, have contributed to the recognition and inclusion of victims of human rights violations by addressing grievances, providing redress, and increasing awareness of rights. In the Bangsamoro region, a truth commission addressed issues such as land dispossession, marginalization, and discrimination and made concrete recommendations for change. It is reasonable to argue that transitional justice in the Philippines has played a role in preventing the recurrence of the most serious and widespread human rights violations associated with Marcos. But many of its measures were not implemented at the opportune time and were not sufficient to either fully address the legacies of the past or to maximize their contributions to prevention. The lack of accountability for crimes committed under Marcos and the limited accountability in the decades since have perpetuated a culture of impunity. Post-dictatorship reforms have achieved much in way of reestablishing the democratic order but have not removed a corrupt system that can be traced back to colonial times. Limited structural change and economic policy have failed to address inequality. The persistence of rampant human rights violations since 1986 and the country’s recent swing back to authoritarianism are arguably at least partially the result of society’s failure to learn the lessons of the past.
Topic:
Reform, Criminal Justice, Memory, Institutions, Reparations, and Truth and Reconciliation
Political Geography:
Asia, Philippines, and Oceania

3. Measuring Results and Monitoring Progress of Transitional Justice Processes

Author:
Mateo Porciuncula
Publication Date:
01-2021
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
Transitional justice processes are complex, politically contested, and not necessarily linear. Because of this, they present unique theoretical and practical challenges for measuring results, which include challenges for gathering data, registering unintended outcomes, reporting progress, providing feedback to interventions, and extracting useful information to establish impact or counterfactuals. Based on a desk research and a series of discussions with practitioners, policymakers, and academics, this report considers the following: The different roles monitoring and evaluation systems can play and the questions they can answer at different stages of a transitional justice process. This report recommends conducting assessments early on to inform design and to build feedback loops into ongoing processes. Key features of transitional justice processes, including their complexity, their political nature, and the difficult contexts where they are usually implemented. Combining qualitative and quantitative methods and designing monitoring and evaluation approaches that allow for capturing rich contextual data and unexpected results. Power dynamics, exclusion, and language, particularly in fragile contexts and when dealing with vulnerable populations. Monitoring and evaluation approaches that are conflict sensitive, victim centered, and participatory. The Sustainable Development Agenda as a framework for measuring results of transitional justice. While a politically legitimate and useful conceptual framework, there is room for improvement as current indicators are not best suited to contexts where a large proportion of the population has experienced human right abuses. Overall, stakeholders in transitional justice should take a “user-centered” approach to measuring progress and results, one that puts the people that a process is meant to serve at the center. In doing so, they can focus on collecting what matters, establishing feedback loops, and learning from and continually improving their interventions.
Topic:
Reform, Transitional Justice, Youth, Criminal Justice, Memory, Institutions, Gender, and Truth and Reconciliation
Political Geography:
Africa, Europe, Middle East, Asia, South America, and North America

4. 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

5. 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

6. 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