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41. Protection and Governance: Linking Good Practice in Protection and Governance Programmes in the DRC

Author:
Helen Lindley-Jones
Publication Date:
06-2017
Content Type:
Special Report
Institution:
Oxfam Publishing
Abstract:
Oxfam’s programmes in the Democratic Republic of Congo work in a context in which violent and non-violent conflict affect communities and protection and governance concerns are closely linked. Some protection threats, such as illegal taxes and arbitrary arrests, stem from structural governance issues, and other protection threats, such as forced marriage, are exacerbated through the challenges that local authorities face in fulfilling their role as duty bearers. This learning report explores the overlap between protection and governance, and Oxfam’s staff in the DRC share learning of potential value for the review and design of other governance and protection programmes in fragile and conflict-affected contexts.
Topic:
Governance, Fragile States, Conflict, and Protected People
Political Geography:
Africa and Democratic Republic of Congo

42. Community Protection Structures: Influencing for Local-Level Change in Conflict Settings in the DRC

Author:
Sarah Barakat and Melanie Kesmaecker-Wissing
Publication Date:
07-2017
Content Type:
Working Paper
Institution:
Oxfam Publishing
Abstract:
Using learning from protection programming in Colombia, Oxfam has been implementing its community protection programme in the DRC since 2006. It aims to help individuals prevent, and respond to, violence and abuse, while also holding duty-bearers to account for the protection of civilian populations. The programme uses a community-based approach that involves building Community Protection Structures (CPSs). Supported by Oxfam and partners, these are designed to identify the main threats faced by communities and find the best way of addressing them, while engaging with local authorities. The programme seeks to address power imbalances, between men and women and also between rights holders and duty-bearers. Its core premise is that communication among community members, and between them and local authorities, is key in order to find pragmatic ways to uphold people’s rights while also holding authorities to account. This communication must be informed by a shared understanding of human rights.
Topic:
Gender Issues, Civil Rights, Community, and Protected People
Political Geography:
Democratic Republic of Congo

43. 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

44. The Evolution of Peacekeeping: Suez, Rwanda, and Democratic Republic of the Congo

Author:
Maria Fernanda Affonso Leal, Rafael Santin, and David Almastdter de Magalhaes
Publication Date:
12-2016
Content Type:
Journal Article
Journal:
AUSTRAL: Brazilian Journal of Strategy International Relations
Institution:
Postgraduate Program in International Strategic Studies, Universidade Federal do Rio Grande do Sul
Abstract:
Since the first peacekeeping operation was created until today, the UN has been trying to adapt them to the different contexts in which they are deployed. This paper analy- ses the possibility of a bigger shift happening in the way the United Nations, through the Security Council, operates their Peacekeeping Operations. The change here ad- dressed includes, mainly, the constitution of more “robust” missions and the newly introduced Intervention Brigade in the Democratic Republic of Congo. By presenting three missions (UNEF I, UNAMIR and MONUSCO) deployed in different historic periods, we identified various elements in their mandates and in the way these were established which indicate a progressive transformation in the peacekeeping model since the Cold War - when conflicts were in their majority between States – until present days, when they occur mostly inside the States.
Topic:
Security, United Nations, and Peacekeeping
Political Geography:
Africa, Rwanda, Democratic Republic of Congo, and Suez

45. Population Displacement in Africa: Top 10 Countries of Origin

Author:
Africa Center for Strategic Studies
Publication Date:
09-2016
Content Type:
Working Paper
Institution:
Africa Center for Strategic Studies
Abstract:
While much attention has focused on refugee migration into Europe, two-thirds of Africa’s dislocated population are internally displaced.
Topic:
Migration, Regional Cooperation, United Nations, and Diaspora
Political Geography:
Africa, Sudan, Nigeria, Somalia, South Sudan, and Democratic Republic of Congo

46. 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

47. 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

48. Case Against Germain Katanga and Mathieu Ngudjolo

Author:
Michèle Laborde-Barbanègre, Guy Mushiata, and Meritxell Regue
Publication Date:
05-2014
Content Type:
Policy Brief
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
This briefing paper provides an overview of the proceedings against Germain Katanga and Mathieu Ngudjolo before the International Criminal Court. The conviction and sentence against Katanga signifies the first final judgment of the ICC.
Topic:
Criminal Justice, Accountability, and International Criminal Court (ICC)
Political Geography:
Africa and Democratic Republic of Congo

49. Case Against Callixte Mbarushimana and Sylvestre Mudacumura

Author:
Michèle Laborde-Barbanègre, Guy Mushiata, and Meritxell Regue
Publication Date:
06-2014
Content Type:
Policy Brief
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
This paper provides a description of the brief proceedings against Callixte Mbarushimana and Sylvestre Mudacumura before the International Criminal Court.
Topic:
Criminal Justice, Accountability, and International Criminal Court (ICC)
Political Geography:
Africa and Democratic Republic of Congo

50. Case Against Thomas Lubanga

Author:
Michèle Laborde-Barbanègre, Guy Mushiata, and Meritxell Regue
Publication Date:
05-2014
Content Type:
Policy Brief
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
This briefing paper provides an overview of the proceedings against Thomas Lubanga before the International Criminal Court since the start of the prosecutor’s investigation in 2004 until the 2012 decisions of Trial Chamber I concerning the verdict, the sentence, and reparations. It identifies the most important rulings and issues surrounding the case.
Topic:
Criminal Justice, Accountability, and International Criminal Court (ICC)
Political Geography:
Africa and Democratic Republic of Congo