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11. Reforming Kenya’s Security Sector: Policing Culture and Youth

Author:
Agatha Ndonga
Publication Date:
11-2019
Content Type:
Working Paper
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
Between April 15 and May 3, 2019, ICTJ held a number of consultations with Kenyan youth from several informal settlements in Nairobi and Mombasa to reflect on their understanding of security sector reforms and their connection to the ongoing national dialogue process, particularly as it relates to inclusion. This briefing paper presents the key issues of concern raised by these young people and based on them offers recommendations for reforming the policing culture in Kenya.
Topic:
Security, National Security, Youth Culture, Culture, Reform, and Youth
Political Geography:
Kenya and Africa

12. “I Am 100% Central African:" Identity and Inclusion in the Experience of Central African Muslim Refugees in Chad and Cameroon

Author:
Enrica Picco
Publication Date:
05-2018
Content Type:
Working Paper
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
Over the past five years, the current crisis in the Central African Republic (CAR) has forced more than a million people, out of a population of a little more than four million, to flee their homes. Although the crisis follows years of political instability and state fragility, the country had never experienced such diffuse and horrific violence among communities, neighbors, and members of the same family or such deep tearing of its social fabric. Despite many international efforts to facilitate peace and stabilization, armed groups still operate throughout the country. The return of refugees—which seemed likely only one year ago—is now impossible because of increased sectarian attacks. As the country has plunged again into an acute humanitarian crisis, discussions on reconciliation and justice have been put almost completely on hold. This research report is based on qualitative interviews with Central African refugees living in Chad and Cameroon and members of national and international organizations. More specifically, it focuses on Muslim and Peuhl communities that fled from Bangui and the western regions of the country at the peak of the sectarian violence (late 2013 to early 2014). Given that identity-related issues, including long-standing discrimination against Muslims, are among the root causes of the conflict, it can be expected that some of the refugees interviewed for this study are among those most likely to experience barriers to rebuilding social ties within their community of origin if and when they return. Interviewees were asked about their experience of displacement and their intentions and concerns regarding return, reconciliation, and justice. The research findings show that a lack of inclusion is a crucial underlying issue in most of the refugees’ experiences and, therefore, their concerns for the future. In a country where access to state services and jobs has often been closed to those not considered to be truly “Central African”—due to their place of origin, ethnicity, or religion—a politics of inclusion would represent an important change. It would help to put CAR on the path of renewed, peaceful coexistence after violent conflict. Making minority groups feel like they are part of a common nation-building project would also mean finally recognizing them as Central African citizens. This would in turn have an important impact on their own identity, which has been so deeply challenged by years of discrimination that refugees used a narrative of “us-them” in speaking about those who remained in CAR, referring to them as “Central Africans,” thereby suggesting that they themselves were not perceived to be Central African.
Topic:
Religion, Refugees, Refugee Crisis, Identity, and Inclusion
Political Geography:
Chad and Cameroon

13. “Now Is a Time to Lead:” Advancing Transitional Justice Initiatives through Local Governments in Nepal

Author:
Elena Naughton and Kelen Meregali
Publication Date:
07-2018
Content Type:
Working Paper
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
Recently, Nepal implemented some significant long-awaited changes to its structure of government that present new opportunities for addressing the justice needs of conflict victims. On September 20, 2015, a new Constitution came into effect, replacing the interim Constitution promulgated in 2007, soon after the conflict ended. That constitution introduced a new federal structure of government that, among other things, vests local governments with 22 powers and areas of responsibility over which they have broad authority. Many of these powers can be exercised to establish policies and programs at the local level for fulfilling victims’ rights to truth, justice, reparation, and acknowledgment for the human rights abuses victims suffered during the war. Although local initiatives are not a complete substitute for a coherent national policy, these powers offer great potential for implementing measures to address promptly and directly a full spectrum of victims’ reparative needs, from the symbolic to the material. They encompass food, housing, employment and job creation, medical care, education, legal services, help obtaining official documentation, memorialization initiatives and other forms of public recognition, awareness-raising activities, and measures aimed at preventing the recurrence of human rights abuses. Many of these measures would fulfill fundamental rights guaranteed under the Constitution to all Nepal’s citizens, and additional rights secured there for vulnerable populations (such as the elderly, disabled, single women, those marginalized or indigent, and children). If designed to be reparative in nature, they could also fulfill victims’ rights to an effective remedy, including the right to “adequate, effective and prompt reparation,” as articulated by the UN General Assembly in its Basic Principles and Guidelines on the Right to Remedy and Reparation for Victims of Gross Violations of Human Rights Law and Serious Violations of International Humanitarian Law (UN Basic Guidelines). This report aims to help local governments, victims’ groups, and other stakeholders to understand the scope and potential inherent in these powers and to identify what local governments and others can do to design and implement initiatives that support victims of conflict and that fulfill this potential. To this end, this report looks closely at the provisions of the 2015 Constitution and the Local Government Operationalization Act 2074 BS (2017 AD). It also considers the essential role local governments can play in crafting and coordinating responses alongside national-level institutions that are advancing transitional justice processes, such as the Truth and Reconciliation Commission (TRC), the Commission on Investigation of Enforced Disappearance of Persons (CIEDP), and the National Human Rights Commission (NHRC). Additional consideration is given to the provisions of the Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act (the TRC Act), 2071 (2014), and the requirements established therein for local government cooperation and engagement with ongoing transitional justice mechanisms. With offices within or near victim communities, local governments in Nepal are well situated to tailor initiatives to address victims’ particular needs. Coming as they do from out of the communities they serve, most local officials, including many who are victims themselves, are familiar with realities on the ground and nuances in the economy and in community practices that may affect whether a policy will benefit or might unintentionally harm victims, or could even exacerbate tensions within families or between neighbors. Many local officials speak and read the local languages and dialects victims speak and read. Also, many are privy to crucial differences among survivors’ experiences of war, as well as their current life situations. With access to information about existing services and knowledge of what is required to get things done locally, local governments offer real potential advantages for understanding and effectively responding to victims’ needs and for building the kinds of relationships needed to help bridge divides not only between and among victim populations, but also between victims and nonvictim communities in Nepal. With five-year terms in office (and eligibility for an additional term), local officials at each of the different levels of local government (e.g., municipal, village, and ward) should be able to plan and undertake not only short-term or targeted projects that respond to victims’ urgent needs but also long-term, subsistence-based projects that can provide victims with the benefits they need to create a more stable life for years to come. Many of these initiatives can begin while national policymakers in Kathmandu continue working on a comprehensive approach to transitional justice. National and local dimensions of transitional justice are not mutually exclusive; there is no reason local efforts cannot be designed in a way that meet victims’ needs for redress, in particular for the most vulnerable populations, while still meeting other government obligations, including those at the central and provincial levels. In fact, local governments working effectively now might relieve some of the pressures on the central government, by meeting victims most acute needs and collecting data and testing policies that could be implemented later at the national level. To do so, all levels of government across the federal structure will need to coordinate, communicate, and abide by the essential elements of good governance, including preventing corruption. Victim initiatives must be designed in such a way as to “do no harm” and to ensure that victims are treated fairly and with respect and dignity. As Nepal has learned from its experience implementing the Interim Relief Program (IRP)—which was hampered by significant shortfalls in design and implementation (including insufficient funding, a lack of coordination among key stakeholders, the exclusion of some categories of victims and the unequal treatment of others, and the politicization of application processes and eligibility determinations)—it is essential to consult with victims, to be sensitive to their needs and vulnerabilities, to acknowledge the violations they experienced, and to monitor and evaluate implementation to prevent discrimination. In all decisions and procedures, the safety, well-being, and dignity of victims must be considered and given priority. The victims will be paying attention. As one victim forcefully made the point, “We raise our voices. We do not give up. And we will not sit by in silence…I say to the government—listen to our voices, consider our demands. The challenges local governments will inevitably face are innumerable. At each stage of the process, local governments will confront significant hurdles as they exercise their powers to design, plan, and eventually implement programs benefiting their constituents, including Nepal’s many conflict victims. This report highlights some of these major challenges based on feedback obtained during consultations conducted in preparation of this report in some of the districts where conflict victims live. Immediate steps should be taken to monitor, address, and mitigate the following challenges
Topic:
Government, Governance, Transitional Justice, and Local
Political Geography:
Asia and Nepal

14. “We Didn’t Think It Would Hit Us:” Understanding the Impact of Attacks on Schools in Syria

Author:
Save Syrian Schools
Publication Date:
09-2018
Content Type:
Working Paper
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
“Everything changed.” Such are the words of a young Syrian student speaking about the aftermath of an attack on his school that took the lives of his brother and friends and forever changed his. He now works in a tailor’s office because he could no longer bear going to school, carrying with him the memories of that day and the loved ones he lost. His story is just one among countless others of lives irrevocably changed as the result of attacks on schools and the loss, not only of loved ones, but of childhood, innocence, and opportunity. Worse, it is not just individual lives that have been changed. The widespread attacks on schools during the country’s brutal conflict have torn apart families, left behind shells of formerly vibrant communities, and altered the future of Syrian society. The report, “‘We Didn’t Think It Would Hit Us:’ Understanding the Impact of Attacks on Schools in Syria,” examines attacks on schools from multiple angles: from the legal implications of such attacks to the everyday impact on the lives of students, teachers, families, and society at large. The findings leave no doubt that the impacts are as numerous as they are vast and, at best, will take decades to meaningfully address. Of course, such a process cannot even really begin until the ongoing onslaught of violence against Syrian civilians stops and real action is taken to reverse the country’s rapid spiral from repression to peaceful protest to brutal armed conflict in response to these protests. The report has been years in the making, and the process of writing it is in itself notable. It began when 11 organizations—10 Syrian and one international—came together in search of a way to combat the growing fatigue beginning to afflict Syrian activists, as a result of documenting increasingly abhorrent and unending violations of human rights and against a backdrop unfulfilled promises of action and accountability. At the start of the conflict, these activists and other civil society actors coalesced quickly, creating transitional justice proposals and post-conflict road maps. They documented violations based on the belief that the conflict would end quickly and those responsible for human rights violations would be brought to justice swiftly. Of course, what has happened instead is that the conflict has only intensified with each passing year, becoming increasingly complex as more and more actors are introduced, many from outside Syria. Fatigued yet undeterred, after a series of dialogues and careful consultations with a wide set of civil society stakeholders, the 11 coauthoring organizations came together to work on a joint project—dubbed the Save Syrian Schools project—that would combine and amplify the different organizational strengths represented within the group. These capacities range from storytelling and advocacy, to large and highly credible networks of on-the-ground documenters and valuable archives of information. The result is a body of work that shines desperately needed light on the voices of Syrians affected in diverse ways by attacks on schools and calls attention to the glaring breaches of human rights that have occurred with regard to these acts of destruction. The driving force behind the year and a half of dedicated work is the desire to, first, end the violence and, second, ensure that the resulting harms are fully understood so that national and international actors alike are left with no choice but to address them through a nuanced and well-informed process of justice, acknowledgment, redress, and reform. The findings of the report are informed by several sources: the databases and archives of group members detailing individual attacks on schools and providing information on methods of attack, location, school names, casualty numbers, likely perpetrators, and so on; careful desk research with priority given to the research, publications, and other resources produced by partner organizations; and in-person field interviews and focus groups with students, teachers, school staff, parents, and local officials from communities affected by school attacks.
Topic:
Education, Terrorism, Transitional Justice, and Humanitarian Crisis
Political Geography:
Middle East and Syria

15. Committing to Justice for Serious Human Rights Violations: Lessons from Hybrid Tribunals

Author:
Elena Naughton
Publication Date:
12-2018
Content Type:
Working Paper
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
Hybrid courts (or mixed tribunals combining international and national components) are no longer a novel approach to pursuing criminal accountability for egregious crimes of international concern (war crimes, crimes against humanity, and genocide). Created and implemented in diverse contexts around the globe for over a decade, they provide countries with an alternative to a fully domestic or international judicial process to hold perpetrators to account for mass atrocities. Over time, hybrid jurisdictions have proven themselves to be a viable model of justice in difficult circumstances. Although almost all have faced funding shortfalls at some time during their mandate and most have been met with strong opposition from those hostile to rigorous accountability efforts, each has investigated crimes and brought about justice where few if any other justice options existed. Their inherent strength rests, in part, on the flexibility they offer for responding to complex international crimes at the national level and on the opportunity they provide for promoting the exchange of information and expertise and for building capacity. There is no model hybrid tribunal. Rather, each hybrid court is established in response to the particular needs of the context and may be “internationalized” in varying ways and to different degrees. The degree of international involvement has almost always been negotiated to meet the needs of domestic authorities who were reluctant to cede sovereignty and to address the concerns of international actors who were uncertain about the adequacy of existing due process norms or wary of limitations in the state’s judicial, legal, and institutional capacity. As a result, a hybrid tribunal usually reflects the political compromises reached among the negotiating parties, most often the United Nations (UN) and the host state. The negotiation process itself can provide space for different factions to come together to build consensus around a common and sustainable approach to achieving accountability. They can also make accountability processes more responsive to the needs of victims and communities, including by giving victims the right to participate in the proceedings. Because of this process of give and take, hybrid tribunals offer the promise of independent justice within a mechanism that is capable of responding to complex international crimes at the domestic level.
Topic:
Human Rights, Humanitarian Intervention, Transitional Justice, and Humanitarian Crisis
Political Geography:
Global Focus

16. “Who Hears My Voice Today?”: Tunisia’s Forgotten Women Victims

Author:
Doris H. Gray
Publication Date:
12-2018
Content Type:
Working Paper
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
This report focuses on “indirect victims” of human rights violations in Tunisia, namely, the wives, sisters, and children of political prisoners in Tunisia, who suffered discrimination, social exclusion, police violence, and harassment as a result of their relatives’ incarceration during the dictatorship, as well as mothers of the martyrs. Though they may not have suffered incarceration, physical torture, or even death like their relatives, these victims were persecuted and discriminated against and experienced severe economic hardship and isolation after a family member was detained for political and/or religious activities. They were dismissed from work, expelled from school, and/or subjected to random police searches and harassment. Some women fled the country to escape a painful life of isolation and harassment, in many cases with their children, carrying nothing but the clothes on their back. Until now, there has been no substantive, systematic study of these victims, who suffered economic blacklisting, denial of due process, as well as other social and economic rights violations. The aim of this report is to shed light on this population of victims that is often overlooked or silenced in the process of transitional justice and post-uprising nation building. Accurate data on the number of people who were detained for political reasons during Tunisia’s dictatorship period (1955–2011), including women activists, has been nearly impossible to collect. What is known is that the immediate and extended family members of these prisoners, who also suffered human rights abuses, continue to live with the consequences of those violations today. Their fate raises important questions in the human rights discourse because the violations they suffered do not fit neatly within typical human rights narratives, which tend to prioritize civil and political violations and violations of physical integrity. The findings in this report are based on extensive interviews conducted with more than 250 women family members of detainees and mothers of martyrs from nine regions and Tunis in July, August, and December 2017. For many victims, the most pervasive and sustained consequences of the human rights violations they suffered have been the break-down of the family and lost confidence in the judicial and political system, coupled with the sowing of mistrust among family members and communities who feel betrayed. According to the Universal Declaration of Human Rights, families are the building blocks of a society; thus, the destruction of the family unit has serious consequences for individuals and society. In most cases, the forced separation of family members—wives from husbands, mothers and fathers from sons and daughters—has led to permanent estrangement or domestic strife. For example, when husbands were incarcerated, the pressure on their wives was sometimes so great that they were compelled to give their children away to be raised by members of their extended family. Further, women who had not previously worked outside the home or who lost their job as a result of being related to an “enemy of the state” had to generate an income and/or depend heavily on the financial and social support of relatives. Women relatives of political prisoners were also harassed by Tunisia’s system of pointage (which required the relatives of prisoners to report daily to different police stations) and having to travel long distances to deliver couffins (traditional baskets) containing food, clothing, blankets, and/or medicine to their incarcerated relatives, who were often relocated to far-away prisons to increase the burden on families. Many women experienced sexual harassment and violence, sometimes at the hands of police officers during their pointage-mandated check-ins, other times by neighbors or others in the community who took advantage of their heightened vulnerability in the absence of male family members. This type of harassment and violence further enhanced these victims’ sense of shame, estrangement, and self-loathing, especially considering the highly conservative religious communities most lived in. Detainees, once released from prison, were often incapable of resuming their normal family relationships with their loved ones, returning from torture chambers to their homes. An inability to engage in healthy marital relations led, in some cases, to violent interactions with their family members. Though many wives, sisters, and mothers feel a need to stand by their persecuted men, interviews revealed that some children resent their father’s political choices, which they blame for destroying their hope for a decent life. In some cases, women were even forced by their family to divorce their husband while he was in prison and marry a man from the police or security forces, in order to lift the weight of alienation and harassment from the extended family. It is essential that this array of consequences be examined in a systematic way, in order to begin to understand the full impact of the state’s willful destruction of families on indirect victims. Many Tunisians have spent a majority of their life living under repressive rule, and from interviews, it seems clear that some of the effects of such a life have not only persisted for the women but in some cases have transferred to their families. The deeply entrenched and justifiable lack of trust in state institutions expressed in interviews with victims (both direct and indirect) can only be repaired with efforts on the part of the state to highlight the human rights violations experienced, address the needs of victims and ensure non-repetition. After the 2011 revolution, Tunisia embarked on a process to address past human rights violations under the comprehensive framework established by the Organic Law on Establishing and Organizing Transitional Justice. The process has faced numerous challenges, including a difficult political terrain, and victims have expressed frustration with the lack of results. The Truth and Dignity Commission was plagued by internal divisions, while the Specialized Chambers has faced slow implementation. The other elements included in the law – reparations, memorialization and institutional reform – are still forthcoming. This report offers documentation and analysis that aims to enhance the current understanding of the experiences of this population of victims. It underscores the importance of actively involving victims in the process of societal transformation. The transitional justice process in Tunisia must recognize the experiences of indirect victims and seek to address the consequences of the violations they faced. This report highlights that this goes beyond ensuring their participation in the process, which is important, to contributing to their ability to exercise agency in their lives and make
Topic:
Gender Issues, Women, Gender Based Violence, Transitional Justice, and Victims
Political Geography:
Africa and Tunisia

17. A Catalyst for Change: Engaging Youth in Transitional Justice

Author:
Virginie Ladisch
Publication Date:
04-2018
Content Type:
Working Paper
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
Although youth are key political and social stakeholders who have much to contribute to—and gain from—transitional justice processes, they often remain marginalized from such processes or are given only a limited and predetermined space in which to engage. In recent years, the peacebuilding field, in reflecting on what it means to meaningfully engage youth, has advanced a more nuanced framework that focuses on youth as agents of change.
Topic:
Youth, Youth Movement, Participation, and Marginalization
Political Geography:
Uganda, Kenya, Africa, Tunisia, and Côte d'Ivoire

18. Legal Frameworks for Specialized Chambers: Comparative Studies for the Tunisian Specialized Criminal Chambers

Author:
Howard Varney and Katarzyna Zdunczky
Publication Date:
05-2018
Content Type:
Working Paper
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
In some contexts, the global community has resorted to international tribunals to prosecute the most serious past crimes, such as war crimes, crimes against of humanity, and genocide. While these international efforts contributed significantly to international justice, they were resource draining and located outside the countries in which the crimes took place. To overcome these issues, the so-called hybrid court was developed that combines domestic and international law and personnel. Tunisia has adopted a purely domestic hybrid court.
Topic:
Genocide, Transitional Justice, International Crime, and Humanitarian Crisis
Political Geography:
Africa and Tunisia

19. Transitional Justice in Tunisia: Tension Between the Need for Accountability and Due Process Rights

Author:
Howard Varney and Katarzyna Zdunczky
Publication Date:
05-2018
Content Type:
Working Paper
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
Pursuing justice in a transitional context may take the form of multiple measures and goes beyond the pursuit of criminal prosecutions. Tunisia’s Basic Law on Transitional Law, adopted in December 2013, is a case in point. Despite its flaws, the the law introduced a fairly comprehensive framework to redress past abuses and to hold perpetrators to account.
Topic:
International Law, Law, and Transitional Justice
Political Geography:
Africa and Tunisia

20. The Role of Victims in Criminal Proceedings

Author:
Howard Varney and Katarzyna Zdunczky
Publication Date:
05-2018
Content Type:
Working Paper
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
This briefing paper focuses on the role of victims of human rights violations in criminal proceedings. This paper will provide examples of recent developments in the advancement of victim participation in criminal proceedings in international criminal law and domestic jurisdictions.
Topic:
Human Rights, International Law, Transitional Justice, Domestic Policy, and Human Rights Violations
Political Geography:
Global Focus