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11. Leaving Behind the Worst of the Past: Transitional Justice and Prevention in Sierra Leone

Author:
Ibrahim Bangura
Publication Date:
07-2021
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
From 1991 to 2002, Sierra Leone experienced a destructive civil war that fomented widespread violence and abuse. To address both the causes and consequences of the war, the country implemented criminal prosecution, a truth commission, a limited reparations program, institutional reforms, and local reconciliation practices. Nearly two decades after the end of the war, the country has avoided the recurrence of violent conflict, made substantial socioeconomic progress, and improved its democratic governance. This study analyzes how transitional justice in Sierra Leone has contributed to prevention through accountability and redress measures that addressed the grievances of those who were harmed by human rights violations and reduced the exclusion associated with the violence. Institutional and other reforms also helped to address the causes of the past violence and catalyze long-term change. At the same time, however, these contributions were limited in terms of reach and implementation. Despite these achievements, many of the civil war’s root causes—including poverty, unemployment, illiteracy, and a lack of agency among and recognition of ordinary people—remain unaddressed, and many of its consequences unredressed. The marginalization of young people, a key factor in the onset of the war, continues to be a societal problem. At the political level, ethno-regional-based approaches have deepened divisions and ethnic tension and increased the risk of instability. While transitional justice has helped Sierra Leone to avoid the recurrence of the worst of its recent past, a more comprehensive approach to sustainable peace and development is needed to address the historical legacies of the conflict and meet the current challenges. This approach will demand enormous political engagement, willpower, and resources, as well as community-based mobilization. It will also require following through on transitional justice processes, such as fully implementing the truth commission’s recommendations, and a range of additional political, social, and economic measures.
Topic:
Reform, Youth, Criminal Justice, Memory, Institutions, Engagement, Reparations, and Truth and Reconciliation
Political Geography:
Africa and Sierra Leone

12. Measuring Results and Monitoring Progress of Transitional Justice Processes

Author:
Mateo Porciuncula
Publication Date:
01-2021
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
Transitional justice processes are complex, politically contested, and not necessarily linear. Because of this, they present unique theoretical and practical challenges for measuring results, which include challenges for gathering data, registering unintended outcomes, reporting progress, providing feedback to interventions, and extracting useful information to establish impact or counterfactuals. Based on a desk research and a series of discussions with practitioners, policymakers, and academics, this report considers the following: The different roles monitoring and evaluation systems can play and the questions they can answer at different stages of a transitional justice process. This report recommends conducting assessments early on to inform design and to build feedback loops into ongoing processes. Key features of transitional justice processes, including their complexity, their political nature, and the difficult contexts where they are usually implemented. Combining qualitative and quantitative methods and designing monitoring and evaluation approaches that allow for capturing rich contextual data and unexpected results. Power dynamics, exclusion, and language, particularly in fragile contexts and when dealing with vulnerable populations. Monitoring and evaluation approaches that are conflict sensitive, victim centered, and participatory. The Sustainable Development Agenda as a framework for measuring results of transitional justice. While a politically legitimate and useful conceptual framework, there is room for improvement as current indicators are not best suited to contexts where a large proportion of the population has experienced human right abuses. Overall, stakeholders in transitional justice should take a “user-centered” approach to measuring progress and results, one that puts the people that a process is meant to serve at the center. In doing so, they can focus on collecting what matters, establishing feedback loops, and learning from and continually improving their interventions.
Topic:
Reform, Transitional Justice, Youth, Criminal Justice, Memory, Institutions, Gender, and Truth and Reconciliation
Political Geography:
Africa, Europe, Middle East, Asia, South America, and North America

13. ‘A Drop of Water on a Hot Stone:’ Justice for Victims in the Central African Republic

Author:
Rim El Gantri and Arnaud Yaliki
Publication Date:
03-2021
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
The Central African Republic (CAR) has endured six decades of violent conflict, which has fractured the country and weakened the state’s ability to provide not only justice but also basic services. Victims of human rights violations, especially those outside the capital Bangui, often belong to profoundly marginalized communities. Their victimhood is thus aggravated by daily struggles of exclusion, inequality, and the absence of alternatives. This research report examines the notion of justice and its feasibility from the perspective of a victim-centered approach in a context of profound fragility and extreme poverty. The first section of the report gives an overview of the contextual challenges to providing justice to victims, including the ongoing violent conflict and widespread human rights violations, polarization, lack of inclusion, social norms, and the exclusion of young people from decision-making processes. These obstacles, which deepen the justice gap, are generally not taken into consideration when designing justice measures and initiatives. The second section describes existing justice initiatives and those currently being established in CAR, including judicial and non-judicial mechanisms and those administered by national and international bodies. However, high operating costs, dysfunction, corruption, and centralization of services in the capital severely tend to limit the ability of these initiatives to deliver justice to victims. The third section discusses victims’ demands and aspirations for justice based on their experiences and priorities. It sheds light on the need for meaningful participation of victims, members of marginalized communities, and civil society representatives, among others, in justice initiatives in order to ensure their legitimacy and facilitate their implementation. Garnering such broad participation requires engaging, unifying, and impactful communication and outreach strategies. The report concludes with a set of conclusions and recommendations that acknowledge the challenges in providing justice to victims in a fragile context like CAR and highlight innovative transitional justice strategies in which victims are the cornerstone.
Topic:
Reform, Youth, Criminal Justice, Memory, Institutions, Engagement, Reparations, and Truth and Reconciliation
Political Geography:
Africa and Central African Republic

14. The Color of Justice: Transitional Justice and the Legacy of Slavery and Racism in the United States

Author:
Virginie Ladisch and Anna Myriam Roccatello
Publication Date:
04-2021
Content Type:
Policy Brief
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
This briefing paper makes the case for applying transitional justice approaches to dismantle systemic racism in the United States. The need to connect the dots between past and present abuses and affirm the humanity and dignity of Black people are central to all efforts to acknowledge victims and the violations they suffered, challenge the dominant historical narrative, repair harms, and reform broken systems. While the truth of the United States’ legacy of slavery and racism and its connections to present-day injustices are well documented in scholarly materials, they have not been acknowledged by the government or adequately integrated into the country’s collective narrative. Overcoming the dehumanization associated with persistent racial and socioeconomic subjugation requires a conscious and explicit government effort to denounce it and inform all citizens about how it occurred throughout US history. This includes acknowledgment and reparations. Reforms are also desperately needed in the criminal justice system, voting, housing, education, and health care. Drawing on comparative examples, this briefing argues that any meaningful changes to laws and policies or institutional reforms must be grounded in a recognition and understanding of the society’s past atrocities and its connection to present-day injustices, grievances, and violence. The United States finds itself in a moment of reckoning, as protests and public demands crack open the door to broader discussions on how to unravel the country’s legacies of slavery and white supremacy and reform institutions such the police and the criminal justice system. It should look to and learn from other countries that have undertaken efforts to address systemic human rights violations, provide reparations, and advance reforms. It is now time for the United States to apply transitional justice approaches domestically to at last reckon with its legacy of slavery and racism and build a more just future for the country and all its citizens.
Topic:
Human Rights, Reform, Slavery, Transitional Justice, Criminal Justice, Memory, Institutions, Racism, and Truth and Reconciliation
Political Geography:
North America and United States of America

15. Transitional Justice and Prevention: Summary Findings from Five Country Case Studies

Author:
Roger Duthie
Publication Date:
06-2021
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
This report summarizes the findings of an ICTJ research project exploring the role that transitional justice can play in preventing both massive and serious violations of human rights as well as violence and violent conflict more broadly. Its conclusions are drawn from case studies of five countries—Colombia, Morocco, Peru, the Philippines, and Sierra Leone—representing a range of complex contexts in which societies are grappling with violent conflicts, repressive governments, or acute inequality. It argues that transitional justice should be an integral element of conflict prevention, peacebuilding, and sustainable development. The report contends that transitional justice can contribute to prevention by: (1) addressing the exclusion and other harms that victims experience due to human rights violations they suffered; (2) addressing the exclusion and related injustices that communities and social groups face as a result of targeted violations and structural marginalization; (3) strengthening the rule of law and making it more inclusive; and (4) catalyzing the reform of institutions and laws that have perpetuated violence and discrimination as a means to exclude marginalized groups. The report also identifies a number of limitations to the preventive impact of transitional justice, including: (1) tensions that can exist between justice and prevention initiatives, especially in the short term; (2) justice processes that may be seen to be insufficiently participatory or even exclusionary themselves; (3) a lack of implementation of measures and reforms that are designed or recommended; and (4) contextual factors such political dynamics, security concerns, and the absence of broader structural change. The report concludes that applying a prevention lens to transitional justice does not fundamentally change how the field is understood, but it does have broad policy implications. First, fostering inclusion should be a primary objective of both the outcomes and the design of transitional justice mechanisms. Second, assessing the preventive role of transitional justice requires a long-term approach to inclusion and reform as these involve changes to social relationships, institutions, and structures. Third, prevention requires a society to confront both the root causes and consequences of injustice, and transitional justice processes can contribute greatly in this regard. However, they alone are not enough.
Topic:
Reform, Transitional Justice, Criminal Justice, Memory, Institutions, Reparations, and Truth and Reconciliation
Political Geography:
Africa, Middle East, Asia, South America, North Africa, North America, Sierra Leone, Morocco, Peru, and Oceania

16. Setting an Agenda for Sustainable Peace: Transitional Justice and Prevention in Colombia

Author:
María Cielo Linares
Publication Date:
07-2021
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
This study examines the preventive impact of transitional justice mechanisms created in Colombia before the 2016 peace agreement, namely the 2005 Peace and Justice Law and the 2011 Victims and Land Restitution Law. It finds that transitional justice has contributed to prevention in a number of ways, including by: (1) improving institutional responses for victims of human rights violations and creating spaces for participation; (2) adding issues to the public agenda, such as those related to economic and political networks supporting armed groups and the need to address the plundering of land; (3) developing a culture of awareness and respect for human rights; and (4) strengthening leadership within victims’ communities and facilitating the reintegration of victims into public life. The report also concludes, however, that these transitional justice processes have not done all that they could to promote the structural social changes necessary to resolve the underlying violent dynamics, especially in matters of inequity and discrimination, leaving the door open for future violence. Little progress has been made in addressing economic, social, cultural, and environmental rights violations, and insufficient attention has been paid to gender and ethnic discrimination. Where progress has been made in areas such as land restitution and participation, it has been limited by a lack of coordination between the national and local levels, a dearth of political will, and an ensuing failure of implementation. The study demonstrates that pursuing transitional justice in contexts of ongoing violence requires coordination between the justice and security sectors that depends on a holistic view of security and sustainable development. Additionally, it suggests that transitional justice processes have to work in tandem with the institutions set up to more directly address the structural problems of inequity and inequality. Finally, it contends that promoting the rights to truth, justice, reparation, and nonrecurrence requires a strategy to comprehensively address the associated demands and expectations.
Topic:
Reform, Criminal Justice, Memory, Institutions, Peace, Reparations, Gender, Atrocity Prevention, and Truth and Reconciliation
Political Geography:
Colombia and South America

17. Moving from Mirage to Reality: Transitional Justice and Prevention in Morocco

Author:
Mustapha Hadji
Publication Date:
07-2021
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
This study examines how transitional justice in Morocco has contributed to the prevention of serious human rights violations, mainly related to state violence and repression and social and economic exclusion. Beginning in the 1990s, Morocco’s a constitutional monarchy engaged in a process of liberalization that included efforts to address past grave human rights violations. In the 2000s, these efforts centered on the Equity and Reconciliation Commission (IER), a truth-telling initiative that recommended and helped bring about other transitional justice processes such as reparations, the preservation of memory, and a series of institutional and legal reforms intended to prevent the recurrence of those violations. Despite the political liberalization that was underway, Morocco’s transitional justice efforts were not undertaken in a context of regime change. Morocco’s experience nevertheless suggests that limited political reform can have real but restricted impact on the prevention of human rights violations. As a truth-telling measure, the IER diagnosed some of the wrongdoings of the past and called for reform to prevent their recurrence. Reparations provided important benefits to victims that had improved inclusion, while collective reparations drew attention to regional exclusion and inequality. Beginning in 2011, a new constitution facilitated institutional and legal reforms that had been recommended by the IER, many of which included the protection of human rights. The fact that the regime that was responsible for past human rights violations remained in control of the transitional justice processes—and at the same time it was perpetrating abuses in the name of anti-terrorism—however, has undermined the legitimacy of those processes and constrained their preventive impact. While the Moroccan monarchy may have no desire to return to the widespread repression of the Years of Lead, the persistence of human rights violations, corruption, inequality, and social unrest in the country suggests that a transitional justice approach that is more comprehensive and inclusive and, in the end, more fully implemented has the potential to make a greater contribution to preventing future wrongs.
Topic:
Human Rights, Reform, Memory, Institutions, Reparations, Atrocity Prevention, and Truth and Reconciliation
Political Geography:
North Africa and Morocco

18. Stable Regime, Historiography and Truth Commissions: A Case Study of Pashtun Tahafuz Movement of Pakistan

Author:
Farhat Taj
Publication Date:
12-2021
Content Type:
Journal Article
Journal:
Review of Human Rights
Institution:
Society of Social Science Academics (SSSA)
Abstract:
This article discusses the Pashtun Tahafuz Movement's (PTM) demand for establishing a Truth and Reconciliation Commission (TRC) to facilitate the right to truth of victims of the war on terror in Pakistan. It highlights the tension among the right to truth, geopolitical considerations, and historiography in pursuit of transitional justice under a stable regime. It argues that Pakistan is not likely to establish a TRC due to its geopolitical considerations vis-a-vis Afghanistan. It, however, also underscores that PTM as a pressure group could contribute greatly to realising several human rights based right claims of the war victims, if it disengages itself from the anti-Pakistan Afghan diaspora
Topic:
Human Rights, Transitional Justice, War on Terror, Pashtun, Pashtun Tahafuz Movement (PTM), and Truth and Reconciliation
Political Geography:
Pakistan and South Asia

19. 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

20. 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