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2. A Breakthrough in Justice? Accountability for Post-Election Violence in Kenya
- Author:
- Chandra Lekha Sriram and Stephen Brown
- Publication Date:
- 08-2010
- Content Type:
- Policy Brief
- Institution:
- Centre on Human Rights in Conflict
- Abstract:
- The International Criminal Court (ICC) provides the most promising, and potentially only, venue for accountability for those most responsible for serious post-election violence in Kenya.
- Topic:
- Conflict Prevention, Democratization, and International Law
- Political Geography:
- Kenya and Africa
3. Just and Durable Peace by Piece European Union 7 th Framework Programme
- Author:
- Olga Martin-Ortega, Chandra Lekha Sriram, and Johanna Herman
- Publication Date:
- 05-2009
- Content Type:
- Working Paper
- Institution:
- Centre on Human Rights in Conflict
- Abstract:
- Following the end of violent conflicts, whether by military victory or negotiated settlement, international actors such as the European Union and the United Nations play an increasing role in peacebuilding, through a range of security, governance, and development activities. These may or may not be mandated by a peace agreement or other formal settlement, and may or may not follow or work in tandem with a peacekeeping mission. International, regional, national, and local actors may work in a more or less collaborative, or coherent fashion. Nonetheless, many of the key challenges of peacebuilding remain the same, and a familiar set of policies and strategies have emerged in contemporary practice to address these. Chief among the challenges of contemporary peacebuilding is that of addressing demands for some form of accountability, often termed transitional justice (discussed in section 3). However, as this guidance paper explains, the demands of transitional justice and its relation to broader peacebuilding activities, involve not just decisions about accountability, but a complex set of policy and institutional choices about security and governance as well. Thus, this guidance paper examines peacebuilding and transitional justice as a set of linked policies and strategies regarding not just accountability, but security sector reform (SSR), disarmament, demobilization and reintegration (DDR) of ex-combatants, and development of the rule of law.
- Topic:
- Conflict Resolution, Security, Political Violence, Government, Peace Studies, United Nations, and War
- Political Geography:
- Europe
4. Just peace? Peacebuilding and rule of law in Africa: Lessons for policymakers
- Author:
- Olga Martin-Ortega, Chandra Lekha Sriram, and Johanna Herman
- Publication Date:
- 09-2009
- Content Type:
- Policy Brief
- Institution:
- Centre on Human Rights in Conflict
- Abstract:
- Rule of law promotion is integral to peacebuilding, but not always well integrated It is important to distinguish between technical delivery of rule of law assistance and access to justice as perceived by the population Rule of law promotion and transitional justice may be complementary, or competitive Despite emphasis on the formal sector, informal justice processes are often most accessible to the vast majority Such informal processes may be transformed both by conflict and by peacebuilding activities Emphasis on state institutions in rule of law promotion can inadvertently undermine equal access to justice Given these challenges, the international community faces serious dilemmas about whom to engage, and particularly whether to engage the informal sector at all.
- Topic:
- Conflict Resolution, Political Violence, Peace Studies, and Poverty
- Political Geography:
- Africa
5. Peace as governance? Critical challenges to power-sharing peace deals
- Author:
- Chandra Lekha Sriram
- Publication Date:
- 06-2009
- Content Type:
- Working Paper
- Institution:
- Centre on Human Rights in Conflict
- Abstract:
- Power-sharing may involve not only political power-sharing, but shared governance over economic resources or the security sector, and in some cases territorial autonomy arrangements. There are at least five critical challenges to negotiating a peace agreement involving power-sharing: Mistrust may outweigh the influence of the power- sharing incentives offered. The third-party guarantee needed to overcome mistrust is not available. The incentives that are offered may not be the right ones. If there are no measures to address the original causes of conflict, incentives may not be enough. Incentives cannot induce so-called spoilers to participate in a peace process. There are far more potential challenges to implementing power-sharing agreements in practice: Agreements may be violated because incentives were insufficient or can be obtained more easily outside the agreement. Agreement fails because a group was less interested in, or unable to reap the benefits of, specific incentives. Old patterns of mistrust and cheating are imported into governance processes and state institutions. Instead of creating a grand coalition, power-sharing may create incentives for extremism and ethnic or hardliner outbidding. Incentives such as territorial autonomy may encourage secessionist tendencies. Parties may have committed to agreement out of short-term pragmatism rather than long term interest or policy. Exclusion of groups from benefits may encourage new grievances and even conflicts. Competition may turn violent amongst former allies. Violent regions or the interference of neighbouring states may undermine agreements.
- Topic:
- Security, Economics, Peace Studies, Treaties and Agreements, and Governance
- Political Geography:
- Sudan and Sri Lanka
6. Beyond justice versus peace: transitional justice and peacebuilding strategies
- Author:
- Olga Martin-Ortega, Chandra Lekha Sriram, and Johanna Herman
- Publication Date:
- 08-2009
- Content Type:
- Working Paper
- Institution:
- Centre on Human Rights in Conflict
- Abstract:
- This article seeks to examine the challenging and complex relationship between transitional justice and peace building. Some scholarly analysts, and indeed some policymakers, continue to view “peace” and “justice” as simply in conflict with each other, while their relationship in practice is far more complex. This article will analyse the relationship between transitional justice and peace building in order to consider how programming and practitioners of each might engage more constructively with each other in pursuit of more just and durable peace.
- Topic:
- Human Rights, Peace Studies, and Law
7. Evaluating and Comparing Strategies of Peacebuilding and Transitional Justice
- Author:
- Olga Martin-Ortega, Chandra Lekha Sriram, and Johanna Herman
- Publication Date:
- 05-2009
- Content Type:
- Working Paper
- Institution:
- Centre on Human Rights in Conflict
- Abstract:
- Following the end of violent conflicts, whether by military victory or negotiated settlement, international actors such as the European Union and the United Nations play an increasing role in peace building, through a range of security, governance, and development activities. These may or may not be mandated by a peace agreement or other formal settlement, and may or may not follow or work in tandem with a peacekeeping mission. International, regional, national, and local actors may work in a more or less collaborative, or coherent fashion. Nonetheless, many of the key challenges of peace building remain the same, and a familiar set of policies and strategies have emerged in contemporary practice to address these. Chief among the challenges of contemporary peace building is that of addressing demands for some form of accountability, often termed transitional justice (discussed in section 3). However, as this guidance paper explains, the demands of transitional justice and its relation to broader peace building activities, involve not just decisions about accountability, but a complex set of policy and institutional choices about security and governance as well. Thus, this guidance paper examines peace building and transitional justice as a set of linked policies and strategies regarding not just accountability, but security sector reform (SSR), disarmament, demobilization and reintegration (DDR) of ex-combatants, and development of the rule of law.
- Topic:
- Political Violence, Human Rights, Peace Studies, and War
- Political Geography:
- Europe
8. Just peace? Peace building and rule of law in Africa: Lessons for policymakers
- Author:
- Chandra Lekha Sriram
- Publication Date:
- 01-2009
- Content Type:
- Policy Brief
- Institution:
- Centre on Human Rights in Conflict
- Abstract:
- This policy paper encapsulates the key findings of a research project undertaken by the Centre on Human Rights in Conflict (CHRC) of the University of East London School of Law on rule of law in African countries emerging from violent conflict, funded by the British Academy. The CHRC commissioned a range of experts and practitioners from around the world to examine and assess contemporary international efforts at promoting rule of law reform in peacebuilding operations and development assistance. Country studies examined in depth the experiences of a number of African countries— the Democratic Republic of Congo (DRC), Liberia, Rwanda, Sierra Leone, and Sudan—while thematic studies examined rule of law as part of peacebuilding in comparative perspective, the role of traditional justice, and specific aspects of rule of law in the African context. These studies will be published as a book entitled Just Peace? Peacebuilding and rule of law in Africa.
- Topic:
- International Affairs
- Political Geography:
- Global Focus
9. Transitional Justice and Peace building: Considerations for policy makers,
- Author:
- Chandra Lekha Sriram
- Publication Date:
- 01-2009
- Content Type:
- Policy Brief
- Institution:
- Centre on Human Rights in Conflict
- Abstract:
- Peacebuilding and transitional justice are both multifaceted processes, which although often treated as if they were in opposition, may actually involve shared goals and activities. This brief outlines several points policymakers should consider when implementing programmes and formulating policies for conflict-affected countries
- Topic:
- International Affairs
- Political Geography:
- Global Focus
10. A Breakthrough in Justice? Accountability for Post-Election Violence in Kenya,
- Author:
- Chandra Lekha Sriram
- Publication Date:
- 01-2009
- Content Type:
- Policy Brief
- Institution:
- Centre on Human Rights in Conflict
- Abstract:
- Following contested elections in Kenya in December 2007, unrest and violence shook the country in January and February 2008, prompting diplomatic intervention by the international community, most notably by the former United Nations Secretary-General, Kofi Annan. A negotiated solution put in place a power-sharing deal between the two main parties contesting the presidential election: the Orange Democratic Movement (ODM) and the Party of National Unity (PNU)
- Topic:
- International Affairs
- Political Geography:
- Global Focus