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1. Traditional Transitional Justice Mechanisms: Lessons from Africa

Author:
Nomathamsanqa Masiko-Mpaka
Publication Date:
01-2020
Content Type:
Policy Brief
Institution:
Centre for the Study of Violence and Reconciliation (CSVR)
Abstract:
Transitional justice is widely accepted as a process for countries to employ when transitioning from authoritarian rule or armed conflict to democracy and in their quest to address legacies of systemic violence and human rights violations. As defined by the African Union, transitional justice refers to “the various (formal and traditional or non-formal) policy measures and institutional mechanisms that societies, through an inclusive consultative process, adopt in order to overcome past violations, divisions and inequalities and to create conditions for both security and democratic and socio-economic transformation.” While societies coming out of conflict or authoritarian rule have different histories, priorities and needs, commonly used mechanisms of transitional justice include criminal prosecutions, truth telling, reparations, institutional reforms, memorialisation, traditional justice, and vetting and lustration. The implementation of transitional justice is believed to be more effective, impactful and holistic when a combination of mechanisms is employed either simultaneously or sequentially.
Topic:
Human Rights, Democracy, Transitional Justice, Violence, and Justice
Political Geography:
Uganda, Africa, Mozambique, Sierra Leone, and Rwanda

2. A Review of Sierra Leone’s Mines and Minerals Act

Author:
Tehtena Mebratu-Tsegaye, Perrine Toledano, and Sophie Thomashusen
Publication Date:
03-2020
Content Type:
Working Paper
Institution:
Columbia Center on Sustainable Investment
Abstract:
With the support of Oxfam, the Columbia Center on Sustainable Investment reviewed select provisions in the Mines and Minerals Act 2009 and corresponding policy statements from the Minerals Policy 2018 to provide recommendations for how to best align the anticipated new mining law with international best practice. The 2009 law was reviewed with a focus on the following topics: • Fiscal regime; • Climate change; • Access to and use of land; • Community consultations and participation; • Human rights; and • Community development agreements.
Topic:
Climate Change, Human Rights, Natural Resources, Mining, Land, Sustainability, and Community
Political Geography:
Africa, West Africa, and Sierra Leone

3. Tool 8: Integrating Gender in Security Sector Reform and Governance (Toolkit for Security Sector Reform and Governance in West Africa)

Author:
Aisha Fofana Ibrahim, Alex Sivalie Mbayo, and Rosaline Mcarthy
Publication Date:
01-2015
Content Type:
Policy Brief
Institution:
Geneva Centre for Security Sector Governance (DCAF)
Abstract:
Gender equality is an international norm that stipulates the equal right of women, men and gender minorities to access opportunities and resources, regardless of the sex with which they were born and the gender with which they identify. In the context of the security sector, this means that women and men should have equal opportunities to participate in the provision, management and oversight of security services, and that the security needs of women, men, boys and girls should be equally considered and effectively responded to. While ECOWAS recommends that the specific security and justice needs of men and women, boys and girls are fully integrated into all reform processes and governance mechanisms applicable to the security sector, the transition from theory to practice often proves challenging. Tool 8 of the Toolkit for Security Sector Reform and Governance in West Africa is designed to provide practitioners with action-oriented guidance for tackling this challenge. It may be most useful to national actors involved in the governance of security institutions and to those who partake in democratic oversight. This Tool aims to facilitate the identification of effective entry points for integrating the aims of gender equality in national legislation, strategies and budgets for security; in the management of security institutions; in the delivery of justice and security services and in national defence; as well as at all stages of internal and external oversight of the security sector.
Topic:
Security, Gender Issues, Human Rights, Women, Inequality, and LGBT+
Political Geography:
Geneva, Africa, United Nations, Liberia, West Africa, and Sierra Leone

4. US Policy on Small Arms Transfers: A Human Rights Perspective

Author:
Susan Waltz
Publication Date:
10-2007
Content Type:
Working Paper
Institution:
Human Rights Human Welfare (University of Denver)
Abstract:
From Somalia and Afghanistan to Bosnia, Haiti, Colombia, Rwanda, Sierra Leone, Liberia and Congo, small arms and light weapons were a common feature of the human rights calamities of the 1990's. More than a hundred low-intensity conflicts flared across the globe in that final decade of the bloodiest century, and virtually all of them were fought with small arms and light weaponry. Hand grenades, rocket-propelled grenades and bazookas, mortars, machine guns, and shoulder-fired missiles were the common weapons of warfare, along with the ubiquitous AK- 47--as readily slung over the shoulder of a 14 year old boy as a 40 year old man. Human rights and humanitarian organizations pondered the evidence: there was an inescapable linkage between the abuses they sought to curb, and the prevalence of these easy to handle, durable, and imminently portable weapons. In many instances the weapons were used as direct instruments of repression and devastation. In others, armed groups and government-sponsored militia used them to facilitate assaults with cruder weapons, spread fear, and create insecurity that effectively deprived people of their livelihood. Ironically, none of the countries in turmoil produced their own small arms. Behind the plethora of weapons lurked shadowy arms dealers looking for a profit, indifferent to the public's moral outrage and UN-imposed arms embargoes.
Topic:
Foreign Policy, Arms Control and Proliferation, Human Rights, Human Welfare, and United Nations
Political Geography:
Afghanistan, United States, Bosnia, Colombia, Democratic Republic of the Congo, Haiti, Liberia, Sierra Leone, Rwanda, and Somalia

5. Rape as Genocide: The Legal Response to Sexual Violence

Author:
Dr. Frances T. Pilch
Publication Date:
09-2002
Content Type:
Working Paper
Institution:
Center for Global Security and Democracy
Abstract:
The last decade has witnessed a profound transformation in the treatment of sexual violence in international law. The overwhelming evidence of the widespread use of rape as a policy tool in the former Yugoslavia, combined with the tragedy of the genocide in Rwanda, in which rape was also widely prevalent, has led to a legal reconceptualization of sexual violence in internal and international conflicts. The ad hoc tribunals for the former Yugoslavia and Rwanda, have genuinely broken new ground as they have confronted cases dealing with the complexities of rape, torture, and genocide. They have struggled with determining the legal definition of rape and finding a balance between the rights of witnesses and defendants. The revolutionary changes that have taken place in this area of the law in large part reflect the growing mobilization and influence of non-governmental organizations articulating the importance of the rights of women, and the increasing importance of the presence of women advocates, prosecutors, and judges.
Topic:
Gender Issues, Genocide, Human Rights, and International Law
Political Geography:
Europe, Yugoslavia, and Sierra Leone

6. The Effectiveness of the Exercise of Jurisdiction by the International Criminal Court: The Issue of Complementarity

Author:
Sammy Smooha and Susan Hannah Farbstein
Publication Date:
10-2001
Content Type:
Working Paper
Institution:
European Centre for Minority Issues
Abstract:
The prevalence of collective violence and the agony of mass atrocity may prove to be the twentieth century's most distressing and enduring legacies. From Germany to Uganda, from Cambodia to Sierra Leone, from the Former Yugoslavia to Rwanda, the past hundred years are replete with examples of terrifying violations of human rights and humanitarian law committed against diverse groups of people. Limited attempts to unveil the truth about past horrors, to hold individuals responsible, and to deter future offenses have repeatedly proven inadequate. A dearth of satisfactory moral and legal responses to these crimes often left victims suffering without any sense of reconciliation, while perpetrators routinely enjoyed impunity rather than facing justice.
Topic:
Civil Society, Democratization, Ethnic Conflict, Human Rights, and Humanitarian Aid
Political Geography:
Uganda, Eastern Europe, Yugoslavia, Germany, Cambodia, Sierra Leone, and Rwanda