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21. 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

22. Children in the Levant: Insights from Belgium on the Dilemmas of Repatriation and the Challenges of Reintegration

Author:
Rik Coolsaet and Thomas Renard
Publication Date:
07-2018
Content Type:
Working Paper
Institution:
EGMONT - The Royal Institute for International Relations
Abstract:
According to intelligence estimates, there are around 1,400 European children in Syria and Iraq, many of them born there. The fate of these children confronts European governments with moral, legal, political, diplomatic and security dilemmas. Governments are divided over the issue, but almost all are reluctant to address it head-on. None have taken a proactive stance with regard to these children, creating several security voids. This policy brief looks into the fate of these European children before exploring in more detail the situation of the Belgians among them. It analyses the position of the Belgian government with regard to repatriation and reviews existing policies concerning returning children. The authors end up with a number of recommendations for Belgian and European authorities, including a plea for a more proactive response.
Topic:
Security, Children, Displacement, and Reparations
Political Geography:
Iraq, Europe, Middle East, Belgium, and Syria

23. Forms of Justice: A Guide to Designing Reparations Application Forms and Registration Processes for Victims of Human Rights Violations

Author:
Ruben Carranza, Cristian Correa, and Elena Naughton
Publication Date:
12-2017
Content Type:
Working Paper
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
n a number of countries around the world, governments have created state-administered reparations programs for victims and communities that were most affected by massive human rights violations. The success of these programs, which often involve thousands of individuals, depends in part on the state’s ability to reach victims and record their demands for justice in an effective and meaningful way. Reparations programs may be administered by government agencies pursuant to a law or policy or a court judgment. In all cases, a process of identifying, verifying, and registering those entitled to reparations is necessary. This often begins with a reparations application form.
Topic:
Human Rights, Transitional Justice, Humanitarian Crisis, Reparations, and Victims
Political Geography:
Global Focus

24. Justice Mosaics: How Context Shapes Transitional Justice in Fractured Societies - Report

Author:
Roger Duthie
Publication Date:
05-2017
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
The contexts in which societies attempt to address legacies of massive human rights violations—by confronting impunity, seeking effective redress, and preventing recurrence—are integral to the concept of transitional justice. Such contexts can vary widely: they can include ongoing conflicts, post-authoritarian transitions, post-conflict transitions, and post-transitional periods. They can also differ in terms of institutional and political fragility as well as levels of economic and social development. Broad policy objectives in such contexts can range from rule-of-law promotion to conflict resolution, peacebuilding, vindication and protection of human rights, democratization, development, and social change. As the term suggests, however, the contexts in which societies undertake transitional justice processes are usually to some degree transitional. This is important because transitions create opportunities for addressing past injustice, while at the same time they retain continuities with the past that pose constraints or obstacles for doing so. The fact that context varies is important because the broader context affects the objectives of transitional justice efforts as well as the processes through which they develop, which in turn affect the specific responses that are most appropriate and feasible in each setting. Here processes refer to the different ways in which ideas and movements develop, promote, and coalesce in demands for accountability, acknowledgment, and reform in the aftermath of massive human rights violations.
Topic:
Reform, Criminal Justice, Institutions, Justice, Reparations, Gender, Truth and Reconciliation, and Youth Engagement
Political Geography:
Africa, Europe, Middle East, Asia, South America, and North Africa

25. Recommendations for Victim Reparations in Côte d’Ivoire

Author:
Cristian Correa and Didier Gbery
Publication Date:
08-2016
Content Type:
Policy Brief
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
After a consultation process that involved the active participation of victims, the National Commission for Reconciliation and Compensation for Victims (La Commission Nationale pour la Réconciliation et l’Indemnisation des Victimes des crises survenues en Côte d’Ivoire, CONARIV) made a series of recommendations on reparations and provided an initial list of victims to the government. Now the government must define a policy that is transparent and fair, based on those recommendations and victims’ input. ICTJ has been working with CONARIV, victims’ groups, and other government entities on reparations since 2012, providing technical assistance, encouraging a process of consultation and dialogue, and learning from victims about their needs and demands. This has included consultations with youth and victims from some of the most affected areas of the country. To help advance the process of defining a credible reparations policy for Côte d’Ivoire, this paper presents a series of proposals for the government and the general public. The aim is to advance discussions on the best strategy to address the rights of victims of serious human rights and international humanitarian law violations committed by the warring parties. Through these recommendations, ICTJ seeks to present the knowledge and experience it has gained over several years working in Côte d’Ivoire with government entities, civil society organizations, and victims’ groups that shared valuable insights on understanding the needs, priorities, and possible avenues for providing reparations. It is hoped that these proposals will help to define a reparations policy for Côte d’Ivoire that effectively addresses the consequences of violence that continue to impede the lives of victims.
Topic:
Reparations, Victims, and Truth and Reconciliation
Political Geography:
Africa and Côte d'Ivoire

26. When No One Calls It Rape: Addressing Sexual Violence Against Men and Boys

Author:
Amrita Kapur and Kelli Muddell
Publication Date:
12-2016
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
There is no doubt that the scope of the problem for male victims is large. The World Health Organization has identified sexual violence against men and boys as a significant problem that has been largely ignored by nongovernmental organizations, health care providers, government agencies, criminal justice authorities, and others. The violations can take many forms, including rape, gang rape, sexual slavery, enforced nudity, and being forced to perform sexual acts with others. Very commonly, sexual violence against men is committed in situations of detention. Studies have shown this pattern in contexts such as Chile, El Salvador, Libya, Sri Lanka, Syria, the United States, and the former Yugoslavia. Transitional justice mechanisms—including truth commissions, reparations programs, and criminal trials—are well placed to begin tackling some of these issues as part of efforts to address legacies of violence. Yet, although the problem has been addressed by some transitional justice efforts in certain countries, there is still wide variation and inconsistency in terms of the responses to these violations and attempts to involve male victims of sexual violence in these processes. The risk that male victims will remain invisible and left out of responses to sexual violence is significant, unless their rights and concerns are given a specific focus comparable to that now increasingly given to female victims. A number of factors contribute to the generally lackluster response by both state and nonstate actors involved in implementing transitional justice processes. One is the tendency to conflate sexual violence with violence against women and girls, which contributes to the perception that it is a women’s issue, thus limiting the responses available to victims falling outside of this group, including men and boys. This means that male victims’ experiences of sexual violence continue to be underreported, misunderstood, and mischaracterized in transitional justice processes. Another issue is under-reporting, which is particularly relevant for truth commissions as the statements they receive from victims not only inform their final reports, but also typically contribute to the creation of victim registries and the design of reparations programs, and even prosecutions. In many cases, male victims are reluctant to acknowledge the sexual nature of the violations committed against them. This can happen in order to avoid the social stigma attached to such acts or due to the fear of being perceived as weak, labeled homosexual, or being accused of having “wanted it.” Even in instances where men report acts of sexual violence, those receiving the reports rarely handle the report with the sensitivity and awareness they require. Medical practitioners, for example, may not be adequately trained to recognize, identify, or treat male victims or they may themselves accuse male victims of homosexuality or otherwise perpetuate social misconceptions about these crimes.
Topic:
Criminal Justice, Sexual Violence, Men, Reparations, Gender, Truth and Reconciliation, and Boys
Political Geography:
Africa, Europe, Middle East, Asia, South America, North Africa, and North America

27. Building up a peace infrastructure for Colombia: lessons from implementing the Victims Law

Author:
Silke Pfeiffer
Publication Date:
10-2015
Content Type:
Working Paper
Institution:
Norwegian Centre for Conflict Resolution
Abstract:
Whether a potential peace agreement between the Colombian government and the Revolutionary Armed Forces of Colombia will translate into the necessary transformations on the ground will depend, among other things, on the quality and legitimacy of its implementation system. Colombia will need to set up a peace infrastructure that not only facilitates formal compliance, but helps to transform the state, particularly at the local level, as well as citizens’ interactions with it. Tasked with implementing the 2011 Victims and Land Restitution Law, the National System for Comprehensive Attention to and Reparations for Victims provides important lessons for the architects of a future peace infrastructure. In order to have an impact on local dynamics, such an infrastructure will need to be developed in cooperation with regional and local actors and allow a degree of flexibility and autonomy for setting up cooperative spaces, while establishing clear standards and effective accountability systems. In the long run these spaces can only become vehicles for peace and confidence-building if power asymmetries and security risks facing community leaders are addressed. Finally, the success of a peace infrastructure will depend on the degree to which it is woven into existing institutional processes and logics, and manages to introduce good management practices instead of creating parallel, partly competing systems.
Topic:
Infrastructure, Institutionalism, Peace, and Reparations
Political Geography:
Colombia and South America

28. More Than Words: Apologies as a Form of Reparation

Author:
Ruben Carranza, Cristian Correa, and Elena Naughton
Publication Date:
12-2015
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
It has become more common for political leaders to apologize publicly to victims, their families, and communities, often during a formal national address or other ceremonial event. Such apologies have taken place in the midst of cease-fire and peace processes, made not only by those holding public offi ce, such as heads of state, ministers, judges, and the heads of the police, military, and intelligence services, but also by paramilitary leaders. Apologies delivered by state agents signal the full backing of the state for what is being conveyed. Apologies are not enough as reparation to victims of serious violations. While apologies have value in themselves and can address both moral and physical harm, they should be combined with material forms of reparation. In particular, care needs to be taken to ensure that a disproportionate emphasis on apologies does not diminish the likelihood that other reparative measures, such as restitution and medical care, will be implemented, to help limit the long-term harm caused to victims or address their physical needs. Apologies should, in many cases, refl ect a communal reckoning with crimes of the past. They describe what has been learned and what needs to be done to prevent such events from ever happening again; sometimes they mark either the commencement or the culmination of a long, sometimes divisive period of debate and reflection in a society. In many cases, it is victims and organizations of survivors who provide the main impetus for pursuing an apology and help to decide when and how an apology might best be given. Whatever the catalyst, apologies (and the process for developing them) can help a country to replace, at least partially, partisan recriminations with constructive dialogue and unite the public behind the common goals it needs to achieve to move forward. Th e process of developing consensus around the need for an apology can help societies to face their past, reaffirm values, and meet their obligations to victims as human beings and citizens in the present and in the future. Because official apologies are most often public acts, they usually attract considerable media attention and scrutiny. Therefore, the content, delivery, tone, and proper timing of an apology are crucial. Th e most effective apologies are unequivocal; they are not diluted by qualifying language designed to limit their scope or redirect blame. For victims, it may matter whether an apology is written, handed over on paper, or read or spoken aloud. Likewise, the language spoken, the access to written, spoken, or recorded materials, the venue in which it is made, even the body language and appearance of the person delivering the apology are all significant. Some of the most meaningful apologies have occurred at the place where the violations occurred. Although most offi cial apologies provide a form of comfort to victims, some have been judged harshly for being poorly conceived, insincere, and ineffective. Expressions of regret, for instance, are most frequently statements of sadness and disappointment that fall short of an apology, whereas unequivocal apologies contain a more explicit if not unconditional acknowledgment of responsibility. They acknowledge the specific injustices that occurred, recognize that victims suffered serious harm as a result, and take responsibility for what happened. Effective apologies take into account what victims are likely to feel and think about what is being said. In fact, the most effective apologies are arguably those that have been agreed on with survivors, families of victims, or their representatives, and which address the future and not just the past. Th ey assure victims—and the rest of society—that victims were not at fault for what happened and emphasize common values shared by everyone in society. While apologies on their own cannot fully restore trust nor ever provide the full relief that victims and a society need to heal, they play an important role in giving meaning to reparations and promoting efforts to reform institutions and guarantee non-repetition of violations and can be an important step toward reconciliation, on the journey toward lasting peace.
Topic:
Transitional Justice, Reparations, Human Rights Violations, and Truth and Reconciliation
Political Geography:
Global Focus

29. On the Path to Vindicate Victims’ Rights in Uganda: Reflections on the Transitional Justice Process Since Juba

Author:
Michael Otim and Sarah Kasande Kihika
Publication Date:
06-2015
Content Type:
Policy Brief
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
The government of Uganda has been slow to address and remedy serious human rights abuses committed against civilians throughout the country, despite its commitment under the Juba peace talks. This paper analyzes some of the underlying factors that seem to impede the implementation of transitional justice measures in Uganda, such as waning political support and an overly bureaucratic process, and offers practical recommendations on how to advance the process.
Topic:
Transitional Justice, Criminal Justice, Reparations, Human Rights Violations, and Truth and Reconciliation
Political Geography:
Uganda and Africa

30. Tunisia in Transition: One Year After the Creation of the Truth and Dignity Commission

Author:
Rim El Gantri
Publication Date:
09-2015
Content Type:
Policy Brief
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
This briefing paper details and analyzes the progress made so far in Tunisia to implement its historic Transitional Justice Law, with a particular focus on the Truth and Dignity Commission, created one year ago. The paper chronicles the pitfalls that measures have needed to overcome in a changing environment, where waning political support is threatening the country's transitional justice agenda. Important recommendations to the Tunisian government and civil society are intended to help guide the process forward.
Topic:
Transitional Justice, Criminal Justice, and Reparations
Political Geography:
North Africa and Tunisia