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362. Gone Without a Trace: Syria’s Detained, Abducted, and Forcibly Disappeared
- Author:
- Hanny Megally and Elena Naughton
- Publication Date:
- 05-2020
- Content Type:
- Policy Brief
- Institution:
- The International Center for Transitional Justice (ICTJ)
- Abstract:
- In most cases, to be imprisoned in Syria is to disappear. Tens of thousands of people, if not more, have been unlawfully taken prisoner or held incommunicado in the context of the Syrian conflict. This policy paper examines the dark reality of detentions in Syria, its impact on those who are detained and their families, and recommends a set of urgent steps that should be taken to assist families in obtaining information about the whereabouts of their loved ones, gaining access to them, and achieving their prompt release. While most parties to the Syrian conflict are complicit in carrying out arbitrary and incommunicado detentions, including both state and non-state actors, the vast majority of detention-related violations since 2011 have been carried out by the Syrian state. The policy paper – a joint project of ICTJ and the Center on International Cooperation (CIC) at New York University – draws from a variety of sources, including the authoring organizations’ longstanding work on Syria and engagement with Syrian victims, as well as inputs from interviews and an expert roundtable in The Hague, Netherlands, in October 2019. The paper looks in depth at the main government security agencies responsible for arrests and detentions in Syria and shows how the regime weaponizes the law to criminalize political activity, to maintain absolute control over the Syrian population, and to justify arrests and detentions of peaceful demonstrators, political opponents, and human rights activists, all behind a facade of legality. It shows how, at every level, the system works in contravention of fundamental principles of human rights law designed to protect individuals from unlawful and arbitrary deprivation of liberty, including rights guaranteed in the international declarations and conventions to which Syria is a party. The paper provides additional information about nonstate actors who over the course of the conflict are known to have abducted and detained not only opposing armed forces, including Syrian army, but many civilians. From there, the paper goes on to examine the harsh realities facing families of those who have been detained, abducted, and forcibly disappeared in Syria and what must be done to begin addressing the rights of these victims, which have been so seriously violated. It looks at four primary areas of action that must be considered urgent for Syrians: (1) official acknowledgment of detentions and the disclosure of information about the whereabouts and fate of the forcibly disappeared and abducted; (2) detainee releases; (3) access to detention facilities by monitoring groups; and (4) addressing the consequences of enforced disappearance on families. The paper concludes with comprehensive recommendations for what can and should be done, now and in the future by the Syrian regime and other parties to the conflict, as well as the international community. On an urgent basis, it recommends among other things the immediate release of all those arbitrarily detained as well as vulnerable prisoners such as the sick, women, the elderly, children, and the disabled; unimpeded access by the International Committee of the Red Cross to all places of detention; and the sharing of lists specifying the status and location of detainees held by the Syrian government and other nonstate actors. In the long-term, it proposes creating among other things an independent mechanism for reviewing the remaining cases of detention, safe centers where families can request information about the fate of their loved ones, and rehabilitation programs where released individuals can access psychosocial and other vital services. These and other critical steps are a matter of extreme urgency, as the paper makes plain, if there is to be any possibility of lasting peace in Syria.
- Topic:
- Reform, Youth, Criminal Justice, Memory, Institutions, Justice, Engagement, Gender, and Truth and Reconciliation
- Political Geography:
- Middle East and Syria
363. From Optimism to Disillusionment: Examining Civil Society Perceptions of Police Vetting in Kenya
- Author:
- Daniel Blocq, Mary Mwikali, and Agatha Ndonga
- Publication Date:
- 06-2020
- Content Type:
- Special Report
- Institution:
- The International Center for Transitional Justice (ICTJ)
- Abstract:
- In 2013, a police vetting process began in Kenya in response to the 2007-2008 post-election violence. Some reports suggested that the police had failed to stop that violence, others that the police had actively contributed to it. For decades, the police force had been notorious for its corruption, extrajudicial killings, and torture. This was the context in which a comprehensive police reform program was set up, one that included a vetting component and was led by the newly established National Police Service Commission (NPSC). The NPSC was mandated to screen every officer inside the Kenyan police. Civil society organizations (CSOs) initially expressed a great deal of optimism about the vetting plans. Indeed, political will for the process seemed to be present. The vetting of the judiciary, which had started shortly before the police vetting and was considered to be quite successful, also strengthened CSOs’ beliefs that serious and genuine police vetting was possible. Unfortunately, their optimism quickly turned to disillusionment and their confidence in the process crumbled. Six years after the commencement of the police vetting process, CSO representatives commonly agreed that it had failed. From Optimism to Disillusionment: Examining Civil Society Perceptions of Police Vetting in Kenya, the report from ICTJ and the Van Vollenhoven Institute at the Leiden Law School, offers an account of the police vetting process in Kenya. Drawing on interviews with CSO representatives, former NPSC commissioners, staff, and panelists, and victims of police violence, the report focuses specifically on the causes underlying civil society’s disillusionment. One of these causes was the outcome of the vetting. Out of the estimated 80,000 officers in service, the commission vetted only 5,993, of whom 445 were found unsuitable and dismissed. While the program did subject the very top police commanders to vetting, and the early hearings occurred in public, which was groundbreaking, in the end less than 7.5 percent of all police officers were subjected to vetting. But the more important cause may have been the process. The commission was certainly not simply engaged in a whitewashing exercise, and was at times, at least initially, quite committed to the vetting process. But the NPSC was also seen by civil society as a commission that, crucially, did not always take the CSOs seriously, culminating in a lack of responsiveness, sensitivity, and transparency on the commission’s part. While the commission’s approach seems to have also resulted at least partially from external pressures, it seriously hurt the overall assessment of the vetting exercise by the CSOs. The report is accompanied by two additional publications. The briefing paper Hearings and Decision Making During Transitional Vetting Processes: Insights from Kenya focuses on micro-level decision making within the commission, illustrating how a combination of factors—discretion, decision makers’ experience, and social tensions—can affect the outcomes, perceptions, and legitimacy of a vetting process. The policy brief Reflections and Recommendations for Transitional Vetting draws on the research conducted in Kenya to highlight the importance of strategy, coherence, information gathering, communication, expertise, and political and material support in vetting processes more generally.
- Topic:
- Civil Society, Reform, Institutions, Police, and Vetting
- Political Geography:
- Kenya and Africa
364. A Mixed Approach to International Crimes: The Retributive and Restorative Justice Procedures of Colombia’s Special Jurisdiction for Peace
- Author:
- Anna Myriam Roccatello and Elizabeth Rojas
- Publication Date:
- 07-2020
- Content Type:
- Special Report
- Institution:
- The International Center for Transitional Justice (ICTJ)
- Abstract:
- In June 2019, ICTJ hosted an intense week of meetings with various members of the SJP, along with former combatants of the Public Forces of Colombia and the Revolutionary Armed Forces of Colombia-People’s Army (FARC-EP), and the victims of Colombia’s conflict. ICTJ Colombia routinely meets with these stakeholders as part of its work, but the aim of this week was to specifically include various international experts on restorative and transitional justice: Professor John Braithwaite, Professor Adolfo Ceretti, Professor Roberto Cornelli, Maria Camila Moreno Múnera, and Anna Myriam Roccatello. This report is the result of these fruitful meeting with the stakeholders in the Colombian peace process. Chapter 1 of this report gives an overview of the SJP’s innovative model, which can be considered a mixed restorative-retributive judicial organ. It also examines the potential value of such a mixed procedural approach, in comparison with the failures of purely retributive justice processes to achieve the specific aims of criminal accountability in a transitional justice context. Chapter 2 examines some of the various challenges for restorative justice in general. For convenience, those challenges have been divided into five categories: victims, perpetrators, judges, communications, and due process. Chapter 3 suggests various principles that the SJP should consider to help realize some of its restorative justice aims, while Chapter 4 suggests some specific procedures that the SJP may implement to achieve those restorative justice principles. Those readers who are familiar with transitional justice, the Colombian peace process, and the SJP may wish to skip Chapters 1 and 2 and move directly to the recommendations in Chapters 3 and 4. Finally, the report concludes with reflections on some challenges of the mixed approach and offers some general suggestions for how to move forward.
- Topic:
- Reform, Criminal Justice, Institutions, Reparations, and Truth and Reconciliation
- Political Geography:
- Colombia and South America
365. 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
366. Building Blocks for Reparations: Providing Interim Relief to Victims Through Targeted Development Assistance
- Author:
- Sarah Kasande Kihika and Eva Kallweit
- Publication Date:
- 09-2020
- Content Type:
- Special Report
- Institution:
- The International Center for Transitional Justice (ICTJ)
- Abstract:
- The armed conflict in Northern Uganda, stretching across more than two decades, greatly affected the populations of Northern Uganda, which suffered multiple forms of war crimes and gross abuses of human rights. Violations included forced displacement, pillaging, looting and destruction of property, abduction, forced recruitment, slavery, forced marriage, sexual violence, psychological harms, mutilation, killings, torture, and cruel, inhumane, and degrading treatment. These violations have had long-term social and economic consequences for victims, affecting and impairing their functionality, livelihoods, schooling, physical and mental health, social skills, self-esteem, and interpersonal relations in the post-conflict period, with differential impacts on men, women, boys, and girls. This study assesses the opportunities for providing interim relief to victims of conflict-related human rights violations through targeted development programs, pending the establishment of a comprehensive reparations program. Reparations are a response to gross human rights violations, meant to provide redress in its many forms, including compensation to victims. Development assistance differs from reparations in that it is aimed at improving the general socioeconomic conditions of citizens more broadly. This report acknowledges the distinctions between reparations and development, while exploring intersections between the two that could be optimized to address the urgent needs of victims of human rights violations. It identifies substantive and practical considerations that government authorities at the national and local levels should take into account when designing and implementing reconstruction and development programs, and it proposes ways to maximize the potential of ongoing programs to address the immediate needs of victims and mitigate the effects of the abuses they endured. Finally, the study explains how existing recovery and development programs could increase victims’ access, improve their implementation modalities, and address the various challenges and gaps that limit programs’ effectiveness. If they are appropriately designed, local recovery and reconstruction programs can form a foundation upon which reparative approaches can be based and built in the future.
- Topic:
- Human Rights, Reform, Transitional Justice, and Reparations
- Political Geography:
- Uganda and Africa
367. Advancing Global Accountability: The Role of Universal Jurisdiction in Prosecuting International Crimes
- Author:
- Howard Varney and Katarzyna Zdunczky
- Publication Date:
- 12-2020
- Content Type:
- Special Report
- Institution:
- The International Center for Transitional Justice (ICTJ)
- Abstract:
- Recourse to universal jurisdiction as a justice mechanism for victims of international crimes has become increasingly popular in recent years. This is especially so given the small appetite for criminal accountability in countries where violations take place and the considerable shortfalls of the international justice system. Although universal jurisdiction faces serious challenges at the conceptual, legal, political, and practical levels, it often remains the only avenue for victims to pursue justice and address the “impunity gap.” This study considers the rationale for universal jurisdiction and describes the challenges and controversies it faces today. It explores similarities and differences between domestic laws that give effect to universal jurisdiction and considers the leading role played by nongovernmental organizations in generating such cases at the domestic level. In particular, the study focuses on the use of universal jurisdiction with respect to serious crimes committed in Syria and provides examples of cases brought before various domestic courts. It also explores the relationship between accountability initiatives for Syria at the international level. The future of universal jurisdiction as a viable mechanism of global justice is also considered. While this form of justice has made significant advances in recent years, it still faces considerable headwinds. The paper concludes with a set of recommendations aimed at entrenching universal jurisdiction as a globally recognized means of justice. The pursuit of universal jurisdiction has opened the door to the possibility of justice in contexts where it was previously thought impossible. A sufficiently high number of countries have introduced universal jurisdiction into their domestic systems. While there is no turning back, this approach to justice is far from generally accepted and has suffered setbacks. This is particularly the case at the political level, with the reach of universal jurisdiction being clawed back. Much work remains to be done to establish universal jurisdiction as a recognized and viable means of global justice.
- Topic:
- Reform, Criminal Justice, Accountability, Universal Jurisdiction, and Truth and Reconciliation
- Political Geography:
- Africa, Europe, Middle East, South Africa, and Syria
368. Dead at the Root: Systemic Dysfunction and the Failure of Reform in Lebanon
- Author:
- Nour El Bejjani Noureddine and Anna Myriam Roccatello
- Publication Date:
- 12-2020
- Content Type:
- Policy Brief
- Institution:
- The International Center for Transitional Justice (ICTJ)
- Abstract:
- Lebanon is in crisis and its people are tired of decades of endemic corruption, mismanagement, and impunity and of moving from one disaster to the next without making any progress on long-awaited reforms. They have been left with a local currency that is rapidly declining in value, thus eroding their savings and livelihoods. The massive explosion in the capital on August 4, 2020, was only the latest tragedy, the result of decades of systemic dysfunction that perpetuates injustice for victims of all types of human rights violations in Lebanon and inflicts enduring harms on Lebanese society. During the 15-year civil war (1975–1990), more than 150,000 people died, 300,000 were injured or disabled, more than one million were displaced, and more than 17,000 went missing. Although the 1990 Ta’if Agreement effectively ended the armed conflict, it failed to address the human rights abuses committed during the war, a shortcoming that has also meant a failure to uphold victims’ rights. Rather than curbing sectarianism, one of the root causes of the war, the agreement strengthened it by establishing a system of power sharing among the different warring factions along sectarian lines. Today, nearly half of Lebanon’s population is living below the poverty line, with limited services and high economic insecurity. Since the war, the elite class in Lebanon has consistently blamed the country’s dysfunction on others, including neighboring countries and the international community, which have interfered in different ways in the politics and finances of the country. That narrative is no longer sufficient. It is clear that the problems Lebanon is facing today have deep-rooted causes that were never addressed at the end of the war. People will continue to find themselves victims of a corrupt and unjust system until that system is uprooted entirely, and a new, more just, equal, inclusive, and nonsectarian structure is set up in its place.
- Topic:
- Corruption, Reform, Criminal Justice, and Truth and Reconciliation
- Political Geography:
- Middle East and Lebanon
369. Curbing deception - A world survey of legal restrictions of so-called ‘conversion therapies’
- Author:
- Lucas Ramón Mendos
- Publication Date:
- 02-2020
- Content Type:
- Special Report
- Institution:
- ILGA World (International Lesbian, Gay, Bisexual, Trans and Intersex Association)
- Abstract:
- ‘Conversion therapy’ is a term describing pseudo-scientific and harmful practices used to attempt altering a person’s gender expression, gender identity or sexual orientation. In 2020, ILGA World has released a ground-breaking report on the issue: Curbing Deception is an extensive global research into laws banning ‘conversion therapies’ both at the national and subnational level. The report explores the vast field of techniques used for the purpose of attempting to alter lesbians, gays and bisexuals’ sexual orientation, to prevent trans youth from transitioning or make trans people de-transition, or to force our gender expressions and roles to align with the social binary stereotypes of masculinity and femininity. It also analyses strategies beyond legal reform to restrict these harmful practices worldwide. Experimentation and abuse have long taken place under the legitimising cloak of medicine, psychology and science. As the report details, gruesome practices – including electroshock ‘therapies’, forced internments in ‘clinics’ and exorcisms – are still applied in numerous countries, pushing people of diverse sexual orientations, gender identities and expressions to living self-loathing lives, up to the extreme consequences of committing suicide. Protection from similar ineffective and cruel treatment is as urgent as ever: our report also exposes how - thanks to the tireless advocacy of activists, survivors and grassroots organisations – States, health professionals and international human rights bodies across the world are speaking up against so-called ‘conversion therapies’.
- Topic:
- Human Rights, Law, Reform, Regulation, LGBT+, Protection, and Conversion Therapy
- Political Geography:
- Global Focus
370. A Question of Delivery
- Author:
- Ahmed Taher
- Publication Date:
- 03-2020
- Content Type:
- Journal Article
- Journal:
- Cairo Review of Global Affairs
- Institution:
- School of Global Affairs and Public Policy, American University in Cairo
- Abstract:
- The success of Egyptian higher education depends on far more than reforming content and curricula. Cherry-picking the best from the American model is one place to start.
- Topic:
- Education, Reform, Higher Education, and Models
- Political Geography:
- Africa, North America, Egypt, and United States of America