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Begin New Search Topic Transitional Justice Political Geography Democratic Republic of Congo

1. Indigenous restorative justice mechanisms as a tool for transitional justice in the Democratic Republic of Congo

Author:
Patrick Bashizi Bashige Murhula
Publication Date:
06-2022
Content Type:
Journal Article
Journal:
African Journal on Conflict Resolution
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
The United Nations Mapping Report on the Democratic Republic of Congo (DRC) is a powerful reminder of the gravity of the crimes committed in this country. This report found that the period between March 1993 and June 2003 is probably one of the most tragic chapters in the recent history of the DRC. A string of major political crises, wars and multiple ethnic and regional conflicts killed millions of people. However, since the publication of this report there has been a shocking lack of justice for the victims because the Congolese justice system has been ineffective in prosecuting the perpetrators. This article is a valuable contribution to ending impunity in that it proposes an alternative approach to justice. This is based on restorative values and principles, such as the Baraza indigenous restorative justice mechanism. This provides justice to victims, restores peace and reconciliation in the region and, most importantly, holds perpetrators accountable for the crimes and human rights violations they have committed.
Topic:
United Nations, Transitional Justice, Criminal Justice, Indigenous, and Restorative Justice
Political Geography:
Africa and Democratic Republic of Congo

2. Reflections on a decentralized approach to transitional justice in the DR Congo

Author:
Valerie Arnould
Publication Date:
04-2021
Content Type:
Policy Brief
Institution:
EGMONT - The Royal Institute for International Relations
Abstract:
After decades of conflict, state violence and widespread impunity, recent political changes in the Democratic Republic of the Congo seem to be creating renewed prospects for the establishment of transitional justice processes. President Tshisekedi has signalled his interest in creating such processes, while local activists and the UN mission in the DRC are using this opportunity to further press their long-standing demands in this area. This policy brief is inspired by discussions that took place at a workshop organised in January 2021 in Kinshasa by civil society groups to outline what transitional justice in the DRC should look like. While many important points were discussed on this occasion, one interesting question that was raised was whether it might be feasible and appropriate to engage in decentralised approaches to transitional justice. This brief aims to contribute to this reflection by outlining the three forms that such decentralisation could take – minimal, maximal and grounded – and how it might be put into practice in the DRC.
Topic:
Civil Society, Transitional Justice, Conflict, State Violence, and Transition
Political Geography:
Africa and Democratic Republic of Congo

3. Towards a renewed transitional justice in the D.R. Congo

Author:
Mutoy Mubiala
Publication Date:
04-2021
Content Type:
Policy Brief
Institution:
EGMONT - The Royal Institute for International Relations
Abstract:
This paper examines the efforts by the current Congolese Government to relaunch a transitional justice process to address past and current widespread and mass crimes perpetrated in the DRC. The agenda for a renewed transitional justice coincides with the celebration of the 10th anniversary of the United Nations’ 2010 report mapping human rights violations in the DRC committed between 1993 and 2003 (‘Mapping Report’). The brief examines and explores the prospects for a renewed transitional justice process in the country, while identifying internal and external opportunities and the challenges ahead.
Topic:
Transitional Justice, Humanitarian Crisis, Transition, and Human Rights Violations
Political Geography:
Africa and Democratic Republic of Congo

4. Does and Should International Law Prohibit the Prosecution of Children for War Crimes?

Author:
Noëlle Quénivet
Publication Date:
04-2017
Content Type:
Journal Article
Abstract:
This article investigates whether international law prohibits the prosecution of children for war crimes and, if it does not, whether it should do so. In particular, the interplay between restorative and retributive post-conflict justice mechanisms, on the one hand, and juvenile rehabilitative justice mechanisms, on the other, is discussed in detail. The article suggests that in certain, narrow, circumstances children having committed war crimes should be prosecuted.
Topic:
Conflict Resolution, Human Rights, International Law, Children, War Crimes, and Transitional Justice
Political Geography:
Afghanistan, Europe, and Democratic Republic of Congo

5. Victims Fighting Impunity Transitional Justice in the African Great Lakes Region

Author:
Aileen Thomson and Sarah Kasande Kihika
Publication Date:
03-2017
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
The International Center for Transitional Justice’s experience working in Uganda, Kenya, and the Democratic Republic of Congo (DRC) in this regard has followed a pattern we have seen in other contexts, where it has been important to move beyond the “integrated approach” to transitional justice,1 and codified frameworks, that can take years to operationalize and are backed only theoretically by government. Given this, ICTJ has worked with local organizations in Great Lakes countries to identify and support more limited, sometimes unofficial, processes that may have more realistic chances of success and gaining political support, while continuing, where appropriate, to push for the implementation of other measures that may or may not have been included in the original formal transitional justice framework. Through a more targeted approach, based on political analysis of the evolving context, the intention is to move forward on one measure in a way that not only advances acknowledgement, accountability, and reform directly, but also creates space for other objectives to be pursued in the future. The paper begins with an overview of the transitional justice processes currently underway in Uganda, Kenya, and the DRC. Next, it identifies lessons learned from ICTJ’s experience of working in the Great Lakes region, which may be applicable in other countries. These lessons include the importance of understanding the needs of victims, conducting a thorough political analysis, identifying strategic and realistic opportunities for transitional justice, investing in and supporting a domestic constituency to take ownership of the process, and creating and facilitating interactions between the state and victims/civil society. Together, these strategies can facilitate the creation of space for the design and implementation of context-specific, locally owned measures that provide or advance meaningful acknowledgement, redress, accountability, and reform. The experiences examined below are based on work that is still in progress and has not necessarily achieved all potential results yet. However, we believe that the work described here has attained some level of success in laying a foundation for meaningful and sustainable transitional justice processes in these countries in the future. This paper offers a concrete analysis of more general critical reflections that have grown out of ICTJ practice regarding what is often referred to as an integrated (or comprehensive)approach to transitional justice. Such an approach refers to an attempt, often through a peace agreement or legislation, to simultaneously create, define, or commit to multiple transitional justice measures—usually the so-called “four pillars” of transitional justice, namely truth seeking, reparations, prosecutions, and institutional reform. This approach may be codified officially by a peace agreement or policy that sets out the different measures. It may include a system to establish their interrelationships and/or a sequence for implementation. The model of an integrated approach is rooted in different sources. One is the very important body of human rights activism, rulings, and resolutions of the past three decades that have led to the formal identification of the rights of victims of grave human rights violations as the right to truth, justice, reparations, and guarantees of non-recurrence as well as the standardization that grew out of international recognition of transitional justice as part of rule of law and peacebuilding efforts. A second source is more strongly conceptual and has led to theories that suggest strong positive synergies or interactions among these measures meant to advance victims’ rights (or the four pillars) when designed together and implemented as part of a coherent, preconceived plan or policy. While conceptually compelling, on the ground such an attempt to create and or implement a comprehensive model, with little reference to the political and social context, available human and material resources, or the more specific concerns of victims, has often led to mechanical, “template-like” measures if they are implemented or to years of delay to create the multiple and complex policies required. Common consequences have included limited meaningful participation by victims or civil society, paltry responses to victims, limited impact on fighting impunity or building trust, deficits in social dynamism in support of victims’ rights, great frustration, and rapid declines in international support. Efforts in Great Lakes countries on transitional justice using such a comprehensive model provide many examples of such consequences, as will be discussed below. The difficulties in generating successful transitional justice processes through an integrated approach does not mean “throwing the baby out with the bathwater” or giving up on the fundamental commitment to victims’ rights as an essential part of building stable, peaceful, and inclusive societies in the long term. Rather, the challenges at hand are to pay more attention to the context, to listen to victims and other stakeholders about appropriate measures of redress and about what can work, and to identify strategies and actions that may be small at any given time, but can provide some effective, albeit partial, response and build momentum and experience for further action. ICTJ presents here some of the lessons that can be learned from working to advance transitional justice in three countries in the Great Lakes region, in the hopes that they can frame new efforts in the region and elsewhere.
Topic:
Transitional Justice, Impunity, Accountability, and Victims
Political Geography:
Uganda, Kenya, Africa, Burundi, and Democratic Republic of Congo

6. Media and Transitional Justice: A Dream of Symbiosis in a Troubled Relationship

Author:
Refik Hodzic and David Tolbert
Publication Date:
09-2016
Content Type:
Policy Brief
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
One of the least studied, yet highly significant relationships that unfolds in transitional contexts, where efforts are underway to reckon with past abuses, is the nexus between transitional justice measures and the media. Th is paper provides an overview of the main issues that often burden this relationship with mutual mistrust and at times even open conflict. The paper also provides examples of the positive social impacts of media engaging with transitional justice processes, where a degree of complementarity exists. Moreover, it makes a case for the media to constructively engage with such processes in the public interest, of which the media is a natural guardian. The power of media can be instrumentalized toward either virtuous or nefarious ends, and there are myriad examples of media being used to foment violence and dehumanize groups targeted in conflict or various forms of state repression. Media has been used to polarize or inflame underlying identity issues, deepen divides and reinforce the root causes of conflict. Such manipulation of media easily extends into transitional times and may take the form of “us-versus-them” biases that reinforce nationalist myths of victimhood and supremacy. Not all members of society may support efforts to arrive at truth and accountability for past violations, especially members of the former regime or the formerly loyal elites, and media companies owned by political parties, government factions, or powerful business interests “can seize on polarizing myths as a mode of retaining their loyal following, often subverting the possibility of bridge figures emerging.” At the same time, media can also support and promote transitional justice mechanisms by reflecting society’s new values and demands of victims. In a global online debate hosted by the International Center for Transitional Justice (ICTJ), UN Special Adviser for the Prevention of Genocide Adama Dieng asserted, “If media has the power to incite and fuel such heinous crimes as we witnessed in Rwanda and elsewhere, then it is also possible that it can be used as a force for good to promote peaceful coexistence among the population.” Drawing on academic work on the subject and the voices of journalists, transitional justice practitioners, and academics, this paper charts the ways in which the media can impact the success of transitional justice efforts and examines the myriad factors shaping journalists’ approach to reporting on these processes. It then analyzes the distinct ways that media covers or interacts with transitional justice processes during their various stages. Th is sets the stage for a brief analysis of examples of different forms of symbiosis between media and transitional justice processes, which emphasizes the positive impact of special reporting projects dedicated solely to covering these issues. Th e discussion of the complementarity between the two is followed by examples of the destructive impact of politicized and negative media coverage, which has seriously undermined the work of truth commissions or trials in certain countries, diminishing any lasting societal impact they might have. Finally, the paper draws attention to the possible benefits that emerging transitional contexts like Colombia could experience from understanding the significance of this complex relationship and addressing the need for a constructive engagement of media in the transitional justice process from the beginning.
Topic:
Media, Transitional Justice, and Accountability
Political Geography:
Kenya, Africa, Europe, Middle East, Asia, South Africa, Colombia, South America, Balkans, North Africa, Guatemala, and Democratic Republic of Congo

7. The Accountability Landscape in Eastern DRC Analysis of the National Legislative and Judicial Response to International Crimes (2009–2014) - Briefing

Author:
Sofia Candeias, Luc Côté, Chris Papageorgiou, and Myriam Raymond-Jetté
Publication Date:
07-2015
Content Type:
Policy Brief
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
This briefing paper summarizes the findings of an ICTJ report (by the same name) on the judicial response to international crimes in the Democratic Republic of the Congo. It makes substantive recommendations to justice stakeholders in the DRC on how to advance prosecutions of international crimes in domestic courts, based on the finding that the number of open investigations related to serious crimes remains very low compared to the magnitude of atrocities committed in the DRC. It is based on ICTJ research and interviews with Congolese prosecutors, judges, lawyers, and investigators; members of national and international civil society groups; and MONUSCO and UN personnel.
Topic:
Transitional Justice, Criminal Justice, Accountability, and Judiciary
Political Geography:
Africa and Democratic Republic of Congo

8. Judgment Denied: The Failure to Fulfill Court-Ordered Reparations for Victims of Serious Crimes in the Democratic Republic of the Congo (French)

Author:
Sharanjeet Parmar and Guy Mushiata
Publication Date:
02-2013
Content Type:
Policy Brief
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
Following field research in late 2009 and a 2010 workshop in Kinshasa, ICTJ produced a report in French on the challenges of enforcing court-ordered reparations. This briefing paper outlines and summarizes the challenges and recommendations discussed in the report. It also proposes additional steps that the government, international community, victims and civil society organizations can take to address the failure of the DRC to fulfill outstanding orders for reparations, as well as broader measures that can be implemented, including non-judicial reparations measures. (French)
Topic:
Civil Society, Transitional Justice, Reparations, Victims, and Human Rights Violations
Political Geography:
Africa and Democratic Republic of Congo