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Begin New Search Topic Transitional Justice Journal African Journal on Conflict Resolution

1. Civil Society as a Transitional Justice Litigation Actor in Africa

Author:
Khanyisela Moyo
Publication Date:
01-2023
Content Type:
Journal Article
Journal:
African Journal on Conflict Resolution
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
This article examines the input into the transitional justice discourse by civil society as a litigation actor in postcolonial Africa. It does not analyse all civil society litigation in transitional contexts in Africa, but rather uses some examples to point to different kinds of contributions. From the examples provided, one can affirm that civil society organisations (CSOs) are significant transitional justice litigation actors. This relates to civil and criminal litigation. With regard to criminal litigation, CSOs participate in formal processes in several ways, including pointing out due process flaws and turning over to the prosecution evidence of violations that they would have gathered during the conflict. Also, in the context of impunity and inadequate government policies, some CSOs have filled the accountability gap by resorting to civil suits and regional, exported and international litigation. These examples may offer useful insights into contexts where transitional justice initiatives are undertaken where there is no transition. In addition, the experiences may question whether compensation to victims of state-orchestrated violations of human rights which is achieved through non-governmental organisations’ initiatives constitutes transitional justice.
Topic:
Civil Society, Transitional Justice, and Litigation
Political Geography:
Africa

2. The Colonial Legacy and Transitional Justice in the Democratic Republic of the Congo

Author:
Shirambere Philippe Tunamsifu
Publication Date:
01-2023
Content Type:
Journal Article
Journal:
African Journal on Conflict Resolution
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
The Democratic Republic of the Congo (DRC) experienced a brutal colonial regime and a segregated judicial system with a weak educational system used to support colonial policies and a post-colonial legal framework designed to avoid prosecution for colonial-era crimes. Under such a regime, a broad range of violations were registered including about 10 million people who were killed. In the aftermath of the colonial era, the post-colonial regime did not sufficiently redress the situation through prosecution or meaningful reforms. Consequently, most of those atrocities remained unpunished. This study lists the main reasons for why the colonial-era crimes were not investigated which are linked to the gaps in the legal framework, the configuration of the judiciary, and an informal agreement between the DRC and the Belgian governments.
Topic:
Transitional Justice, Colonialism, and Judiciary
Political Geography:
Africa and Democratic Republic of the Congo

3. Impact of the Church on Conflict Transformation of Political Crises at Community Level: A Case Study of two Church Denominations in Dzivarasekwa, Harare

Author:
Angela Shoko
Publication Date:
01-2023
Content Type:
Journal Article
Journal:
African Journal on Conflict Resolution
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
This study, based on Lederach’s conflict transformation (CT) theory, analyses the participation of the local church in CT of political crises in Zimbabwe at the grassroots level – from 2005 to 2020. It compares the CT interventions of one Pentecostal church denomination and of one African Independent Church denomination in the Dzivarasekwa suburb of Harare. A convergent parallel mixed methods design was used. SPSS software was used to analyse quantitative data while the NVivo application was used for qualitative data analysis. One key finding is that both denominations believe CT entails community engagement. Major challenges to local churches’ CT participation include financial constraints, repressive laws and church executives’ fear of victimisation. The study concludes that the impact of the local churches is low because their interventions are limited to congregation members and their immediate neighbours. Another conclusion is that CT is politicised in Zimbabwe, which restricts effective church participation. The study makes some recommendations to address this.
Topic:
Religion, Transitional Justice, Conflict, Christianity, and Political Crisis
Political Geography:
Africa and Zimbabwe

4. Emerging Local Voices and New Possibilities Toward Attaining Sustainable Peace in Bawku, north-eastern Ghana

Author:
Aminu Dramani, Sebastian Angzoorokuu Paalo, and Samuel Adu-Gyamfi
Publication Date:
08-2023
Content Type:
Journal Article
Journal:
African Journal on Conflict Resolution
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
Globally, conflicts continue to change dynamics and increase in complexity, weakening the potential of various peacebuilding interventions, especially in the Global South. The Bawku crisis is a notable protracted conflict in Ghana and West Africa, which attracts enormous scholarly debates, especially on how to attain sustained peace in the area. However, there remains some important dynamics that are not significantly explored in the discussions on achieving sustained peace in Bawku. Drawing on in-depth field interviews, we present a new perspective on chieftaincy and landownership (and use), shifting from absolute control to a shared system, aimed at potentially resolving conflicts. The proposed shared political and landownership system also reveals important weaknesses relating to existing court verdicts and scholarly advocacy for a parallel system or the resettlement of the Mamprusi outside of the area. However, this empirical contribution offers a new possibility to resolve the Bawku crisis and similar challenges in Ghana and Africa.
Topic:
Transitional Justice, Peace, Land, and Sustainability
Political Geography:
Africa and Ghana

5. Indigenous restorative justice mechanisms as a tool for transitional justice in the Democratic Republic of Congo

Author:
Patrick Bashizi Bashige Murhula
Publication Date:
06-2022
Content Type:
Journal Article
Journal:
African Journal on Conflict Resolution
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
The United Nations Mapping Report on the Democratic Republic of Congo (DRC) is a powerful reminder of the gravity of the crimes committed in this country. This report found that the period between March 1993 and June 2003 is probably one of the most tragic chapters in the recent history of the DRC. A string of major political crises, wars and multiple ethnic and regional conflicts killed millions of people. However, since the publication of this report there has been a shocking lack of justice for the victims because the Congolese justice system has been ineffective in prosecuting the perpetrators. This article is a valuable contribution to ending impunity in that it proposes an alternative approach to justice. This is based on restorative values and principles, such as the Baraza indigenous restorative justice mechanism. This provides justice to victims, restores peace and reconciliation in the region and, most importantly, holds perpetrators accountable for the crimes and human rights violations they have committed.
Topic:
United Nations, Transitional Justice, Criminal Justice, Indigenous, and Restorative Justice
Political Geography:
Africa and Democratic Republic of Congo

6. The Challenges of Power-Sharing and Transitional Justice in Post-Civil War African countries

Author:
Sadiki Koko
Publication Date:
07-2019
Content Type:
Journal Article
Journal:
African Journal on Conflict Resolution
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
This article uses the cases of Burundi, Mozambique and Sierra Leone to analyse transitional justice processes in African societies where power-sharing was used as a key tool to end very protracted and violent civil wars. It is argued that, by affording warring parties a prominent role in the post-settlement political environment, power-sharing inadvertently impeded the pursuit of both restorative and criminal justice in all three countries. As an instance of ‘warriors’ justice’, power-sharing was used by such actors as an opportunity to avoid facing retributive justice. Indeed, due to the central position they held within the power-sharing dispensations, former warriors emphasised amnesty while paying lip service to reparations for victims. In all three countries, the decision to revert to the international judicial system or not was mainly motivated by political calculations rather than any genuine concern for justice. However, notwithstanding the shortcomings above, the consensus brought about by the power-sharing dispensations enabled the three countries to effect meaningful institutional reforms, albeit with limited and different levels of success.
Topic:
Civil War, Diplomacy, Political Power Sharing, and Transitional Justice
Political Geography:
Africa, Mozambique, Sierra Leone, and Burundi

7. Memorialisation as an Often Neglected Aspect in the Consolidation of Transitional Justice

Author:
Shirambere Philippe Tunamsifu
Publication Date:
12-2018
Content Type:
Journal Article
Journal:
African Journal on Conflict Resolution
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
For more than five decades after the Independence Day (1960–2018), the Democratic Republic of the Congo (DRC) has continued to witness large-scale violations of human rights and serious violations of international humanitarian law. Trying to deal with past abuses, the country twice experienced a process of transitional justice, in 1992 and in 2004, as the result of the Conférence Nationale Souveraine and the Inter-Congolese Dialogue, respectively. Both of these processes failed to achieve the desired result, and neither adopted any memorialisation process that honours the memory of victims. In October 2013, however, delegates to the Concertation Nationale recommended the government to build monuments in memory of victims of the different armed conflicts. Unfortunately, five years later the government has not yet done anything to implement that recommendation. Based on the interrogation of stakeholders, this paper offers strategies on how to honour the memory of victims of the various armed conflicts in the DRC – in order to consolidate the degree of transitional justice that had been attained. To collect data, 32 key informants were interviewed and two focus group discussions were held in areas affected by armed conflicts. Findings included the recommendation that the State should apologise publicly for its failure to protect the civilian population. Thereafter, a commemorative day should be adopted to bring together victims and alleged perpetrators, and official monuments and memorials should be built in the most affected areas. Uncostly monuments, and aptly named schools, hospitals and public markets in memory of abuses should be built as symbolic collective reparation.
Topic:
Transitional Justice, Memory, Reparations, and Symbolism
Political Geography:
Africa and Democratic Republic of the Congo

8. The Proposed Hybrid Court for South Sudan

Author:
Owiso Owiso
Publication Date:
12-2018
Content Type:
Journal Article
Journal:
African Journal on Conflict Resolution
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
The 2015 Agreement on the Resolution of the Conflict in the Republic of South Sudan provides quite ambitiously and laudably for the creation of the Hybrid Court for South Sudan under the auspices of the African Union. The article is an extract from the author’s 2016 LL.M. dissertation submitted to the University of Pretoria. It critically examines the salient features of the proposed court with the aim of testing the court’s ability to effectively address historical grievances and injustices in South Sudan. In so doing, the article draws lessons from similar mechanisms in Africa and beyond. It also interrogates the role of the African Union and South Sudan in operationalising this court. It reveals strengths as well as weaknesses in the proposed design of the court as well as in the ability of the African Union and South Sudan to fulfil their obligations. Despite these weaknesses, the article argues that by harnessing the strengths identified and learning from lessons from across the continent, the African Union (AU) and South Sudan can overcome the anticipated challenges and operationalise a hybrid court which will effectively deliver sustainable justice to the victims of international crimes committed during the South Sudan civil war.
Topic:
Human Rights, International Cooperation, Transitional Justice, and African Union
Political Geography:
Africa and South Sudan

9. Withdrawal from the International Criminal Court

Author:
Michelle Nel and Vukile Ezrom Sibiya
Publication Date:
09-2017
Content Type:
Journal Article
Journal:
African Journal on Conflict Resolution
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
After a century in the making, the International Criminal Court (ICC) came into existence in 2002 with an overwhelming number of states ratifying the Rome Statute. With 34 signatories, Africa is the largest contributor in the Assembly of State Parties, yet Africa has become its severest critic. As threats of withdrawal become a reality with the imminent withdrawal of Burundi, this article considers the question of whether Africa has an alternative solution. With an African Union (AU) Constitutive Act purporting a commitment to combating impunity and promoting democracy, rule of law and good governance, one would expect the AU to be ready to pick up the reins. To end impunity and hold perpetrators accountable, finding an alternative for the lacuna left in the absence of the ICC has never been more pressing. The recent adoption of a strategy by African countries for a mass withdrawal has pushed the matter to the fore. This article discusses the feasibility of amnesty, domestic and local trials, or an African regional court as viable alternatives to ICC jurisdiction and prosecution. The creation of an African regional court in the guise of the African Court of Justice and Human Right (ACJHR) seems the preferred solution, enabled by the Malabo Protocol extending its jurisdiction to international and transnational crimes. Slow ratification does not bode well for the proposed ACJHR and its extended jurisdiction. Time is of the essence and whatever solution is found will necessitate decisive action by the AU.
Topic:
Human Rights, International Cooperation, Regional Cooperation, Transitional Justice, International Criminal Court (ICC), and African Union
Political Geography:
Africa

10. Efficacy of top-down approaches to post-conflict social coexistence and community building: Experiences from Zimbabwe

Author:
Manase Kudzai Chiweshe
Publication Date:
12-2016
Content Type:
Journal Article
Journal:
African Journal on Conflict Resolution
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
This paper provides an assessment of the work done by the Organ on National Healing, Reconciliation and Integration (ONHRI) in post-2008 Zimbabwe. ONHRI was employed by the Zimbabwean government (precisely as Government of National Unity) to ensure national healing and integration. The efficacy of top-down approaches to social cohesion in post-conflict contexts is questioned. The paper outlines how political expediency, mistrust and polarisation debilitated the work of ONHRI. There was little consultation done in creating ONHRI, especially with communities affected by political violence. Academics, civil society, smaller political parties and private entities were left out of the process of creating social cohesion mechanisms. For the Zimbabwe African National Union – Patriotic Front (ZANU-PF), the Organ was a concession on their part to the demands of the MDC and this led to problems in implementing its mandate. What transpired became a political cat and mouse game in which actors at the national level frustrated the process of uncovering the truth and the promotion of healing. ONHRI’s work has to be understood within a context of political competition in the Government of National Unity (GNU) in which self-interest overtook the mandate of the Organ. The paper therefore argues that Zimbabwe lost an opportunity to entrench grassroots social cohesion and healing processes.
Topic:
Conflict Resolution, Treaties and Agreements, Transitional Justice, Social Cohesion, and Community
Political Geography:
Africa and Zimbabwe