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Begin New Search Topic Transitional Justice

1. Traditional Transitional Justice Mechanisms: Lessons from Africa

Author:
Nomathamsanqa Masiko-Mpaka
Publication Date:
01-2020
Content Type:
Policy Brief
Institution:
Centre for the Study of Violence and Reconciliation (CSVR)
Abstract:
Transitional justice is widely accepted as a process for countries to employ when transitioning from authoritarian rule or armed conflict to democracy and in their quest to address legacies of systemic violence and human rights violations. As defined by the African Union, transitional justice refers to “the various (formal and traditional or non-formal) policy measures and institutional mechanisms that societies, through an inclusive consultative process, adopt in order to overcome past violations, divisions and inequalities and to create conditions for both security and democratic and socio-economic transformation.” While societies coming out of conflict or authoritarian rule have different histories, priorities and needs, commonly used mechanisms of transitional justice include criminal prosecutions, truth telling, reparations, institutional reforms, memorialisation, traditional justice, and vetting and lustration. The implementation of transitional justice is believed to be more effective, impactful and holistic when a combination of mechanisms is employed either simultaneously or sequentially.
Topic:
Human Rights, Democracy, Transitional Justice, Violence, and Justice
Political Geography:
Uganda, Africa, Mozambique, Sierra Leone, and Rwanda

2. Transitional Justice and the Inclusion of LGBTQIA+ Rights

Author:
Thokozani Mbwana
Publication Date:
01-2020
Content Type:
Policy Brief
Institution:
Centre for the Study of Violence and Reconciliation (CSVR)
Abstract:
Transitional justice, as defined by the African Union Transitional Justice Policy (AUTJP), is a set of processes and mechanisms that aim to assist society in coming to terms with authoritarianism, past abuses and conflict. This is done by promoting accountability, peace, reconciliation and justice. The processes include judicial and non-judicial mechanisms such as criminal prosecutions, truth commissions (truth telling and seeking), institutional reforms and reparations.
Topic:
Transitional Justice and LGBT+
Political Geography:
Africa

3. Truth and justice initiatives in non-transitional contexts: experiences from Latin America

Author:
Victória Monteiro da Silva Santos
Publication Date:
01-2020
Content Type:
Policy Brief
Institution:
BRICS Policy Center
Abstract:
By tracing concepts such as truth, justice, reparations, and nonrepeats, as well as models such as the International Commission against Impunity, the Interdisciplinary Group of Independent Experts, and the Truth Commission, the article discusses some of the ways in which a diversity actors sought to address and transform the complex patterns of organized violence that routinely impact various Latin American societies.
Topic:
Conflict Resolution, Transitional Justice, Justice, Reconciliation, Truth, and Reparations
Political Geography:
Colombia, Latin America, and Mexico

4. Work, Freedom, Dignity: For Young Tunisians, the Revolution Was Not Only About Accountability for Corruption

Author:
Ruben Carranza and Mohamed Azer Zouari
Publication Date:
02-2020
Content Type:
Working Paper
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
Building on its work in Tunisia since 2012, ICTJ met with representatives of youth-led civil society organizations and social movements and state institutions involved in pursuing accountability for Ben Ali-era corruption. This paper focuses on the strategies and insights that members of the youth-led organizations and movements shared in these discussions. It seeks to call attention to their larger revolutionary goals and to offer ways for policymakers, advocates, and donors to support these goals in their transitional justice work.
Topic:
Civil Society, Social Movement, Transitional Justice, Youth, and Revolution
Political Geography:
Global Focus

5. Building on Quicksand: Pursuing Transitional Justice in Times of Great Upheaval

Author:
Nadim Houry
Publication Date:
11-2020
Content Type:
Working Paper
Institution:
Arab Reform Initiative (ARI)
Abstract:
Anyone who cares about transitional justice in the Middle East and North Africa (MENA) faces a daunting task. How to address the past when the present is in great upheaval? How to tackle yesterday’s wars and violations when new ones—often worse—are occurring today? Practitioners have long recognized that transitional justice is a slow and nonlinear process that requires patience and long-term planning. Setbacks are expected along the way but, in the end, there is the promise or assumption that “if you keep at it, you will eventually get results.” But is this assumption still valid in the MENA region? Are existing transitional justice efforts succeeding in laying the groundwork for a better future, or are they being washed away by new rounds of violence and repression? The issue is both conceptual and pragmatic. On one level, there is the question of whether a society can start addressing the traumas of the past while simultaneously dealing with new traumas, often caused by new actors. On another level, there is the question of what sort of transitional justice processes and institutions can deal with the past, while also being able to adapt to an ever-shifting present. The challenges are immense and there are no easy answers. Here, I highlight the need for further research on transitional justice processes in the MENA region, with a focus on recent years of upheaval. Two fundamental questions emerge: (i) how to reconcile past and current claims; and (ii) how to accommodate ever-changing sources of legitimacy, given the increasing hollowness of state structures in the region.
Topic:
International Law, Transitional Justice, State Building, and Humanitarian Crisis
Political Geography:
Africa and Middle East

6. All forgiven? South Sudan’s Transitional Government and the recurring risk of atrocities

Author:
Juliette Paauwe
Publication Date:
03-2020
Content Type:
Commentary and Analysis
Institution:
The Global Centre for the Responsibility to Protect
Abstract:
After an almost seven-month delay, on 22 February South Sudan formed a new Transitional Government of National Unity (TGoNU), reuniting long-term rivals and former enemies President Salva Kiir and opposition leader Riek Machar. Although this constitutes a major breakthrough in the peace process, many questions remain regarding the impact this reunion will have on the long-term stability of South Sudan. Will the two leaders finally be able to resolve contentious issues while sharing power, or will the country return to violence and bloodshed?
Topic:
Transitional Justice, Atrocities, and Transition
Political Geography:
Africa and South Sudan

7. What Do We Know about Post-Conflict Transitional Justice from Academic Research: Key Insights for Practitioners

Author:
Charlotte Fiedler and Karina Mross
Publication Date:
01-2019
Content Type:
Policy Brief
Institution:
German Development Institute (DIE)
Abstract:
Societies that have experienced violent conflict face considerable challenges in building sustainable peace. One crucial question they need to address is how to deal with their violent past and atrocities that were committed – for example, whether perpetrators should be held accountable by judicial means, or whether the focus should be laid on truth telling and the compensation of victims. Transitional justice (TJ) offers a range of instruments that aim to help societies come to terms with their history of violent conflict. Systematic, empirical analyses of TJ instruments have been emerging over the last years. This Briefing Paper summarises the policy-relevant insights they provide regarding the main TJ instruments: trials; truth commissions; reparations for victims; and amnesties.
Topic:
Conflict Resolution, Transitional Justice, Political Science, Peace, and Justice
Political Geography:
Colombia, Germany, and Global Focus

8. R2P and Outcomes of the Human Rights Council’s 42nd Session

Author:
Global Centre for the Responsibility to Protect
Publication Date:
10-2019
Content Type:
Special Report
Institution:
The Global Centre for the Responsibility to Protect
Abstract:
The 42nd regular session of the Human Rights Council (HRC) was held in Geneva between 9 and 27 September 2019. As the primary international human rights body, the HRC has the capacity to prevent and respond to mass atrocity crimes, as systematic violations and abuses of human rights can be an indicator of potential genocide, war crimes, crimes against humanity or ethnic cleansing. The summary below highlights major outcomes from the 42nd session as they relate to the Responsibility to Protect (R2P) populations from such crimes. As part of the session, the Netherlands delivered a statement on behalf of 53 members of the Group of Friends of R2P.
Topic:
Human Rights, Transitional Justice, Responsibility to Protect (R2P), Atrocities, and UN Human Rights Council (HRC)
Political Geography:
Sudan, Yemen, Democratic Republic of the Congo, United Nations, Syria, Somalia, Burundi, Bolivia, Myanmar, and Central African Republic

9. Transitional Government in Post-Conflict Yemen

Author:
Rafat Al-Akhali, Osamah Al-Rawhani, and Anthony Biswell
Publication Date:
08-2019
Content Type:
Policy Brief
Institution:
Sana'a Center For Strategic Studies
Abstract:
This policy brief offers recommendations to maximize the effectiveness of governance in post-conflict Yemen – whatever the composition or structure of the government. It presents three case studies on government models previously introduced in Yemen, Tunisia and Lebanon after periods of instability. These case studies offer useful lessons on the challenges, risks and opportunities of forming transitional governments in post-conflict contexts.
Topic:
Conflict Resolution, Economics, Government, Peacekeeping, Transitional Justice, Conflict, Peace, and Transition
Political Geography:
Asia, Yemen, and West Asia

10. Peace Processes: Negotiating reform of the security sector

Author:
Jasper Linke
Publication Date:
01-2019
Content Type:
Special Report
Institution:
Geneva Centre for Security Sector Governance (DCAF)
Abstract:
This SSR Backgrounder explains how SSR features in peace processes and how it is linked to other aspects of security, justice and democratic governance. It highlights some of the main factors that influence the inclusion of SSR in peace processes, including the roles and strategies of mediators in shaping the negotiations. It also discusses what issues of SSR are typically not addressed in peace processes and some of the principal challenges of SSR negotiation and implementation. This SSR Backgrounder answers the following questions: Why is SSG central to peace processes? How can SSR feature in peace processes? What aspects of SSR are often neglected in peace processes? What other security arrangements in peace processes are relevant to SSR? What are the challenges of including SSR in peace processes?
Topic:
Security, Peace Studies, Governance, Reform, and Transitional Justice
Political Geography:
Geneva and Global Focus