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11. Transitional justice and democratisation nexus: Challenges of confronting legacies of past injustices and promoting reconciliation within weak institutions in Kenya

Author:
Ibrahim Magara
Publication Date:
08-2016
Content Type:
Journal Article
Journal:
African Journal on Conflict Resolution
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
Following the post-election violence (PEV) of 2007-8, which almost jettisoned the country into civil war, Kenya put in place a number of transitional justice mechanisms, such as truth telling, as a peacebuilding strategy. One of the major recommendations of Kenya’s Truth, Justice, and Reconciliation Commission (TJRC) is the creation of institutions and mechanisms for peacebuilding, reconciliation, and early warning with a view towards harmonising their activities and adopting a coordinated approach. This article explicates the centrality of democratic institutional reforms in the process of reconciliation, peacebuilding, and long-term stability. In tackling the notion of national reconciliation as a central pillar in post-conflict recovery and peacebuilding, this paper proposes that reconciliation happens within strong and properly functioning institutions of governance that are supportive of transitional justice mechanisms. Based on the transitional justice process in Kenya and building upon a view of reconciliation as a process, rather than an end, this paper argues that strengthening institutions that function within governance structures will go a long way towards placing Kenya on the path to reconciliation, national cohesion, and long term stability.
Topic:
Democratization, Transitional Justice, Institutions, Reconciliation, and Injustice
Political Geography:
Kenya and Africa

12. Transitional justice and peacebuilding in the Democratic Republic of the Congo

Author:
Shirambere Philippe Tunamsifu
Publication Date:
03-2015
Content Type:
Journal Article
Journal:
African Journal on Conflict Resolution
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
Almost two decades ago, the Democratic Republic of the Congo (DRC) was confronted with a vicious cycle of internationalised armed conflicts in which between six and ten million people are estimated to have been killed. Those conflicts were resolved through peace agreements between the leaders of the warring parties, leaving affected populations to their predicaments. From among the mechanisms during peace talks aimed at dealing with the past, the Congolese opted for an international ad hoc tribunal and a truth and reconciliation commission (TRC). Unfortunately, the United Nations was unwilling to establish such a tribunal in the DRC and the TRC put in place did not investigate a single case. Therefore, the DRC lost opportunities to hold accountable alleged perpetrators, establish the truth of the past, promote reconciliation, and prevent further violence. The subsequent resumption of conflict is the result of failing to address the past. After the stabilisation of the country, a combination of judicial and non-judicial mechanisms of transitional justice could respond to past abuses and contribute to the peacebuilding process in the DRC. Hence, this paper endorses as a judicial mechanism, in addition to the International Criminal Court (ICC), the establishment of a hybrid international tribunal to hold accountable those who bear the greatest responsibility for events since 1996. This paper also endorses the promotion of the non-judicial indigenous mechanism Barza intercommunautaire to help resolve low-level disputes and pave the way for a new TRC that could promote reconciliation, formulate recommendations on institutional reform, identify criteria for the lustration and vetting process, identify victims and recommend reparations.
Topic:
Transitional Justice, Peace, International Criminal Court (ICC), and Post-Conflict
Political Geography:
Africa and Democratic Republic of the Congo

13. ‘We cannot reconcile until the past has been acknowledged’: Perspectives on Gukurahundi from Matabeleland, Zimbabwe

Author:
Ruth Murambadoro
Publication Date:
03-2015
Content Type:
Journal Article
Journal:
African Journal on Conflict Resolution
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
Since the Matabeleland massacres in the early 1980s, reconciliation remains unattainable in this region of Zimbabwe. Reasons for this include the fact that survivors of these atrocities have not received the acknowledgement they require from the government. As a result, their perception is that the government has continued to repress them by failing to provide for their needs. More so, the preceding episodes of violence in the region have engendered fear, anxiety and distress among a population that is battling to deal with its past. This article explores the attempts by the government and civil society representatives in the region to facilitate reconciliation and seeks to determine their ability to establish durable peace at the community level. Drawing from fieldwork undertaken in Matabeleland in April 2014, this article describes what the community identifies as central requirements for reconciliation to occur, as against what is provided by the national framework for reconciliation implemented by the government.
Topic:
Transitional Justice, Conflict, and Reconciliation
Political Geography:
Africa and Zimbabwe

14. From going between to working together: Learning from structures and attitudes in South Africa’s transition

Author:
Jannie Malan
Publication Date:
12-2013
Content Type:
Journal Article
Journal:
African Journal on Conflict Resolution
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
In the old South Africa, with its inhabitants divided into two worlds by an ideology-driven white minority, H.W. van der Merwe was one of the first white Afrikaners who took the risk of crossing the boundary which in the culture of his own group was upheld as divinely ordained. On account of the radical change in his socio-political convictions, and his resulting research and teaching, he was appointed as director of an institution aiming at improving intergroup relations through applied research and educational programmes. He also took the lead in founding an association for conflict intervention. His remarkable contribution to the anti-apartheid struggle and the eventual resolving of the white-black conflict was not only a structural one, however, but also an interrelated attitudinal one. His outreaching understanding and his courageous quest for justice and peace enabled him to bring adversaries together, and also to confront the unflinching guardians of apartheid. It behoves us, therefore, to celebrate his example and to emulate it in our current context. We may be grateful for the degree to which transition has already taken shape in the new South Africa, but so much remains to be done to minimise socio-cultural distances between sectors of fellow-South Africans. H.W.’s legacy may indeed help us to respect ‘them’ and ‘us’ where appropriate, but also to promote an ‘all of us’ orientation as far as fellow-humanly possible.
Topic:
Apartheid, Transitional Justice, Social Cohesion, and Transition
Political Geography:
Africa and South Africa