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132. Truth, Accountability, and Asset Recovery: How Transitional Justice Can Fight Corruption
- Author:
- Ruben Carranza
- Publication Date:
- 08-2020
- Content Type:
- Special Report
- Institution:
- The International Center for Transitional Justice (ICTJ)
- Abstract:
- On March 2 and 3, 2020, two weeks before the World Health Organization (WHO) declared a COVID-19 global pandemic, transitional justice and anti-corruption policymakers, experts, and activists from the Gambia, Kenya, South Africa and Armenia met with their counterparts in Tunisia for a two-day conference entitled, “Truth, Accountability and Asset Recovery: How Transitional Justice Can Fight Corruption,” organized by ICTJ with the support of Tunisia’s National Anti-Corruption Commission (INLUCC) and the Government of the Federal Republic of Germany. This diverse group of leaders came together to share solutions to a common problem: How can countries emerging from dictatorship, war, or political transitions hold corrupt ex-rulers accountable, recover their ill-gotten assets, and ensure that those harmed the most by human rights violations and large-scale corruption can achieve justice, obtain reparations, and overcome marginalization? For many countries pursuing transitional justice, including those represented by participants in the conference, the health and economic impact of the pandemic has made it more urgent to find and design solutions that advance accountability for both human rights violations and corruption. In Kenya, for example, citizens questioned the government’s use of $12 million in COVID-19-related aid from the World Bank, “amid reports that the lockdown intended to curb the spread of the virus had worsened poverty, even forcing a mother to cook stones to make her eight children believe she was preparing food for them.” In Tunisia, INLUCC “identified 11 instances of suspected corruption and conflicts of interest” related to a government deal to acquire millions of facemasks. At the conference, participants brought up the role of the World Bank and the International Monetary Fund (IMF) in enabling corruption during dictatorship or in facilitating state capture through privatization. Ninety-seven human rights and anti-corruption groups have jointly reminded the IMF, which has offered loans to pandemic-hit countries even as it continues to set austerity as a condition, that “transparency and accountability are key to making sure the money the IMF is disbursing actually goes to protecting lives and livelihoods.” This report gives an overview of the conference and its five panel discussions. It presents the thematic questions posed in each panel and summarizes the panelists’ statements and the comments and questions from moderators, other panelists, and participants in the audience. By design, the premise of the conference was clear: The practice by mainly global South countries of including accountability for corruption in their transitional justice processes has settled the debate over whether accountability for corruption should be part of transitional justice. In 2008, the Kenya Truth, Justice and Reconciliation Commission began investigating land-grabbing, large-scale corruption, and violations of economic and social rights. Soon after the Arab Spring in 2011-2012, Tunisia took the most significant steps when it established the Truth and Dignity Commission (TDC) with a mandate that covered violent political repression as well as corruption under former President Ben Ali. In its recently released final report, the commission examines the extent of the corruption and how the development policies and austerity measures imposed by international financial institutions such as the World Bank and the IMF enabled it. In 2016, the post-dictatorship government in the Gambia created a truth commission to examine human rights violations as well as a separate commission of inquiry to investigate ex-dictator Yahya Jammeh’s corruption and identify his ill-gotten wealth. The latter commission is now considering using part of those assets to fund reparations. Although corruption was excluded from the mandate of South Africa’s Truth and Reconciliation Commission, activists in 2017 created the People’s Tribunal on Economic Crime that linked the continuity of post-apartheid corruption to the failure to address it in earlier transitional justice processes. In 2018, the South African government then created the Judicial Commission of Inquiry into Allegations of State Capture to investigate specific economic crimes during and after apartheid. After the 2018 revolution in Armenia that ended a decade of authoritarian rule in the post-Soviet state, the new government embarked on prosecutions for corruption and human rights violations and is now considering a truth commission that would examine specific cases of corruption and human rights violations since 1991. These processes informed the conference, and the panelists who were directly involved in them discussed the challenges, successes, and lessons learned. This report’s original intent was to highlight the most important lessons from these experiences and promote South-South exchanges on transitional justice and accountability for corruption. However, the unprecedented global pandemic during which the conference took place has given it another equally relevant purpose. As ICTJ pointed out in a recent special report on COVID-19, “The pandemic is bringing to the surface underlying inequalities, including the unequal access to health care.” With this in mind, the author hopes this report will also offer policymakers practical approaches to transitional justice that can help address those underlying inequalities, such as measures aimed at improving access to health care for the most vulnerable, and initiatives to use recovered ill-gotten assets to fund reparations for victims.
- Topic:
- Corruption, Reform, Criminal Justice, Institutions, Reparations, COVID-19, and Truth and Reconciliation
- Political Geography:
- Kenya, Europe, Armenia, North Africa, Tunisia, Gambia, and Africa
133. Africa and the Middle East: Beyond the Divides
- Author:
- Hisham Aïdi, Marc Lynch, Zachariah Mampilly, Nisrin El-Amin, Jean-Baptiste Gallopin, Noah Salomon, Samar Al-Bulushi, Wolfram Lacher, Federico Donelli, Lina Benabdallah, Ezgi Guner, Afifa Ltifi, Zekeria Ould Ahmed Salem, Alex Thurston, and Alex de Waal
- Publication Date:
- 06-2020
- Content Type:
- Research Paper
- Institution:
- Project on Middle East Political Science (POMEPS)
- Abstract:
- The papers, published in this collection, ranged widely over issues connecting West Africa, the Horn, the Sahel and North Africa thematically, politically, militarily and culturally. The goal of this volume is to get American political science to break down the barriers between academic subfields defined by regions and open the fields to new questions raised by scholars from and across Africa and the Middle East.
- Topic:
- Islam, War, Regime Change, Media, Conflict, Political Science, Revolution, and Capital
- Political Geography:
- Africa, China, Sudan, Turkey, Middle East, Libya, Saudi Arabia, North Africa, West Africa, Tunisia, United Arab Emirates, East Africa, Sahel, and Horn of Africa
134. Education Reform in Post-Revolutionary Tunisia: Between Covid-19 and a Divided Civil Society
- Author:
- Tiziana della Ragione
- Publication Date:
- 11-2020
- Content Type:
- Working Paper
- Institution:
- Moshe Dayan Center for Middle Eastern and African Studies
- Abstract:
- Despite the widespread perception that Tunisia has successfully navigated its post-revolutionary transition from authoritarian to democratic rule, the pandemic is laying bare some of the disappointments since Tunisia's 2010-2011 revolution. In particular, the coronavirus crisis has exposed civil society’s failure to achieve meaningful reform in Tunisia's ailing public education system.
- Topic:
- Civil Society, Education, Reform, Arab Spring, Revolution, and COVID-19
- Political Geography:
- North Africa and Tunisia
135. The Volatile Tunisia-Libya Border: Between Tunisia’s Security Policy and Libya’s Militia Factions
- Author:
- Hamza Meddeb
- Publication Date:
- 09-2020
- Content Type:
- Working Paper
- Institution:
- Carnegie Endowment for International Peace
- Abstract:
- Along the border between Tunisia and Libya, informal trade agreements led to a tight-knit border economy. But political changes in both Libya and Tunisia have fundamentally altered the economic and security landscape. The 2010–2011 uprisings disrupted a long-standing informal arrangement governing border trade between Tunisia and Libya. Over the following decade, as Libya disintegrated into mutually hostile fiefdoms, Tunisia maintained its unity, transitioned from authoritarian to democratic rule, and increasingly shunned official dealings with competing Libyan power centers. As such, grassroots cross-border agreements initiated by and between nonstate actors became the norm, albeit with the acquiescence of the Tunisian state. Yet these agreements have failed to constitute a sustainable mechanism for the trade that Tunisia’s eastern borderlands need for survival.
- Topic:
- Security, Economy, Borders, Trade, and Militias
- Political Geography:
- Libya, North Africa, and Tunisia
136. Algeria’s Borderlands: A Country Unto Themselves
- Author:
- Dalia Ghanem
- Publication Date:
- 05-2020
- Content Type:
- Working Paper
- Institution:
- Carnegie Endowment for International Peace
- Abstract:
- Smuggling goods across the border between Algeria and Tunisia has created a parallel economy for marginalized border populations. Law enforcement and smugglers alike must navigate these gray zones in state authority. In Algeria, state formation remains an evolving process, as evidenced by the situation in the country’s northeastern border regions. With Algerian officials in these areas permitting smuggling of petrol and certain other commodities over the border with Tunisia and smugglers weeding out security threats even as they go about their illicit trade, the two ostensibly adversarial parties complement each other. This unusual relationship furthers the intrusion of the state into citizens’ livelihoods even as it manipulates state authority.
- Topic:
- Economy, Borders, and Smuggling
- Political Geography:
- Algeria, North Africa, and Tunisia