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1. Advancing Victims’ Rights and Rebuilding Just Communities: Local Strategies for Achieving Reparation as a Part of Sustainable Development

Author:
The International Center for Transitional Justice (ICTJ)
Publication Date:
11-2023
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
This comparative study examines strategies used by local actors to facilitate the operationalization of reparations for victims of widespread human rights violations, while highlighting the synergies between these efforts and sustainable development. The study is based on the fieldwork of ICTJ and its partners in four contexts—Colombia, The Gambia, Tunisia, and Uganda. These countries represent a range of different situations, where the progress made, challenges faced, and overall political and institutional contexts vary significantly. Nonetheless, comparison of the approaches used across the cases offers valuable insights for those working in these and other contexts. In The Gambia, the truth commission and legislation for reparations have created expectations among victims, but a program has yet to be implemented. In Uganda, the legal and policy framework for reparations exists, but there is no enabling legislation or mechanism to provide them as a result of stalled political will. In Tunisia, the truth commission recommended reparations, but the political and economic situation make operationalization unlikely. In Colombia, challenges faced by reparations have informed the design of restorative sanctions that include reparative projects but are yet to be implemented. The major insights gained from this comparative study relate to the specific ways in which reparations can contribute to individual and community well-being and development; innovative and effective approaches to ensuring victims and communities receive reparations and support, including through collective action, engagement with government, and grassroots initiatives; the integration of victims’ needs and priorities into development policies and models; and the reparative elements of complementary accountability and reform measures that are participatory, address corruption and marginalization, and contribute to gender justice and equality. The report offers practical guidance and policy recommendations for advancing reparations as an integral element of broader societal efforts to facilitate inclusion, justice, peace, and development.
Topic:
Human Rights, Sustainable Development Goals, Accountability, Reparations, and Truth and Reconciliation
Political Geography:
Uganda, Africa, Colombia, South America, Tunisia, and Gambia

2. UN Human Rights Council Elections for 2022-2024 and the Responsibility to Protect

Author:
Global Centre for the Responsibility to Protect
Publication Date:
10-2021
Content Type:
Special Report
Institution:
The Global Centre for the Responsibility to Protect
Abstract:
Today, 14 October, the UN General Assembly elected Argentina, Benin, Cameroon, Eritrea, Finland, The Gambia, Honduras, India, Kazakhstan, Lithuania, Luxembourg, Malaysia, Montenegro, Paraguay, Qatar, Somalia, United Arab Emirates and the United States of America to the Human Rights Council (HRC) for the 2022-2024 term. With the elections of Argentina, Finland, Lithuania, Luxembourg, Montenegro, Paraguay, Qatar and the United States of America, 19 of the 47 Council members in 2022 will be “Friends of the Responsibility to Protect” – having appointed an R2P Focal Point and/or joined the Group of Friends of R2P in New York and Geneva. The Human Rights Council and its mechanisms and procedures – including the Universal Periodic Review (UPR), investigative mechanisms, special procedures and treaty bodies, as well as the technical assistance provided by the Office of the High Commissioner for Human Rights (OHCHR) – all play an essential role in providing early warning of the risk factors that can lead to crimes against humanity, ethnic cleansing, war crimes and genocide, and provide recommendations to prevent their recurrence. The election of Cameroon, Eritrea and the United Arab Emirates – states that have a history of violating human rights and perpetrating atrocities at home or abroad – undermines the credibility of the HRC. States elected to the HRC are supposed to demonstrate their commitment to the highest standards of human rights, including their full cooperation with all UN mechanisms. These are conditions set forth in UN General Assembly Resolution 60/251. The fact that potential mass atrocity crimes are being perpetrated by a number of HRC member states is deeply disturbing. The Global Centre has compiled profiles on each of the newly elected Human Rights Council members. These provide a basic overview of their commitment to prevent mass atrocities by protecting and promoting human rights.
Topic:
Human Rights, United Nations, Elections, and Responsibility to Protect (R2P)
Political Geography:
Malaysia, India, Finland, Kazakhstan, Lithuania, Argentina, Qatar, Somalia, Honduras, Montenegro, Paraguay, Eritrea, United Arab Emirates, Luxembourg, Cameroon, United States of America, Benin, and Gambia

3. The Complementarity of Transitional Justice & SSR in Addressing and Preventing Human Rights Violations: Focus on The Gambia

Author:
Alex Frediani
Publication Date:
09-2021
Content Type:
Case Study
Institution:
Geneva Centre for Security Sector Governance (DCAF)
Abstract:
This paper examines the interlinkage between SSR and transitional justice as complementary tools to provide a platform for reconciliation, reforming abusive institutions and ensuring oversight and accountability of the justice and security sector. Looking at the case of The Gambia, the paper argues that SSR should be considered as an integral component to transitional justice, under the pillar of the guarantee of non-recurrence, which require states to take all necessary measures to prevent recurrence of violations, including the necessary reforms to shape its security sector in such a way that fully enshrines respect for human rights. An integrated approach to SSR and transitional justice implies the need to “deal with the past” as a core objective of the SSR agenda while ensuring an effective coordination and communication between the two processes so that SSR is continuously fed by and mindful of the proceedings of the Truth, Reconciliation and Reparations Commission (TRRC). Furthermore, “dealing with the past” in the framework of SSR implies addressing the issue of potential vetting of security personnel allegedly involved in past abuses. In parallel, the transitional justice process constitutes an opportunity for the Government to initiate legal and judicial reforms required for effective prosecution of those allegedly responsible for serious violations of human rights committed during the past regime. While the paper argues that more could have been done to link SSR and transitional justice in The Gambia, the release of the TRRC report in the coming weeks will constitute a unique opportunity to effectively integrate transitional justice into the SSR agenda. The adoption of proper mechanism and strategies will be critical to ensure transparent and inclusive review of and dialogue around the recommendations of the TRRC as they pertain to the security sector to ensure that these recommendations are a matter of public interest and that they duly (re)shape the SSR agenda.
Topic:
Security, Human Rights, Transitional Justice, Justice, and Human Rights Violations
Political Geography:
Africa and Gambia

4. Backlash against International Courts in West, East and Southern Africa: Causes and Consequences

Author:
Karen J. Alter, James T. Gathii, and Laurence R. Helfer
Publication Date:
01-2016
Content Type:
Journal Article
Abstract:
This article discusses three credible attempts by African governments to restrict the jurisdiction of three similarly situated sub-regional courts in response to politically controversial rulings. In West Africa, when the Court of the Economic Community of West African States (ECOWAS) upheld allegations of torture by opposition journalists in Gambia, that country’s political leaders sought to restrict the Court’s power to review human rights complaints. The other member states ultimately defeated Gambia’s proposal. In East Africa, Kenya failed in its efforts to eliminate the East African Court of Justice (EACJ) and to remove some of its judges after a decision challenging an election to a sub-regional legislature. However, the member states agreed to restructure the EACJ in ways that have significantly affected the Court’s subsequent trajectory. In Southern Africa, after the Southern African Development Community (SADC) Tribunal ruled in favour of white farmers in disputes over land seizures, Zimbabwe prevailed upon SADC member states to suspend the Tribunal and strip its power to review complaints from private litigants. Variations in the mobilization efforts of community secretariats, civil society groups and sub-regional parliaments explain why efforts to eliminate the three courts or narrow their jurisdiction were defeated in ECOWAS, scaled back in the EACJ and largely succeeded in the SADC.
Topic:
Civil Society, Human Rights, International Law, and Courts
Political Geography:
Kenya, Africa, Europe, South Africa, Zimbabwe, and Gambia

5. Being an Advocate for Human Rights in Sub-Saharan Africa: Jeffrey Smith

Author:
Jeffrey Smith
Publication Date:
09-2015
Content Type:
Journal Article
Journal:
Fletcher Security Review
Institution:
The Fletcher School, Tufts University
Abstract:
Jeffrey Smith is currently Program Officer at Robert F. Kennedy Human Rights where he manages the organization’s advocacy projects that focus on sub-Saharan Africa. He collaborates closely with grassroots civic activists and journalists across the continent—and the world—to highlight pressing human rights concerns to a wider audience. Mr. Smith’s research and advocacy has covered Zimbabwe, The Gambia, Swaziland, and Kenya, among others. He appears frequently in media outlets as an expert commentator on African affairs, including on CNN, MSNBC, Al Jazeera, NPR, BBC, and Voice of America. Mr. Smith is a graduate of the University of Connecticut, where he also received a master’s degree in international relations and was the university’s first recipient of its distinguished human rights graduate certificate.
Topic:
International Relations, Civil Society, Human Rights, and Interview
Political Geography:
Kenya, Africa, Zimbabwe, Swaziland, and Gambia