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31. Towards a renewed transitional justice in the D.R. Congo

Author:
Mutoy Mubiala
Publication Date:
04-2021
Content Type:
Policy Brief
Institution:
EGMONT - The Royal Institute for International Relations
Abstract:
This paper examines the efforts by the current Congolese Government to relaunch a transitional justice process to address past and current widespread and mass crimes perpetrated in the DRC. The agenda for a renewed transitional justice coincides with the celebration of the 10th anniversary of the United Nations’ 2010 report mapping human rights violations in the DRC committed between 1993 and 2003 (‘Mapping Report’). The brief examines and explores the prospects for a renewed transitional justice process in the country, while identifying internal and external opportunities and the challenges ahead.
Topic:
Transitional Justice, Humanitarian Crisis, Transition, and Human Rights Violations
Political Geography:
Africa and Democratic Republic of Congo

32. A Transitional Justice Approach to Foreign Fighters

Author:
Cristian Correa
Publication Date:
12-2021
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
This research study examines the value of a transitional justice approach to the issue of foreign fighters in violent conflict. A transitional justice approach addresses the massive and serious human rights violations that are committed in conflicts involving significant numbers of people who traveled from another state to participate in them. Such an approach is based on the shared responsibility of states to meet their obligations derived from international human rights law and international humanitarian law. It is one that can help to center human rights considerations in responses to foreign fighters, thereby shifting the focus from security and punishment to justice and prevention. Transitional justice can help to develop a more comprehensive and coordinated set of responses to gross violations that account for the roles and responsibilities of a range of actors. In addition to providing justice to victims, transitional justice can help prevent the recurrence of the violence and abuse in which foreign fighters are often involved. A transitional justice approach includes interventions that promote accountability, truth, reparation, rehabilitation, reintegration, memory, and reform. These measures can be implemented in countries of origin and countries in or emerging from conflict. A transitional justice approach to requires dealing not just with foreign fighters themselves but with all of the abuses committed as part of the broader conflict or violence. The challenges that such an approach faces include the phenomenon’s transnational dynamic and the association of foreign fighters with contexts of terrorism and violent extremism. The report makes specific recommendations to countries of origin, countries in conflict, and the international community.
Topic:
Reform, Transitional Justice, Youth, Criminal Justice, Institutions, Engagement, Foreign Fighters, and Gender
Political Geography:
Afghanistan, Kenya, Africa, Iraq, Europe, Middle East, Balkans, Syria, and Asia-Pacific

33. 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

34. 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

35. Straddling Liminality and Active Engagement: Understanding Mobilization Patterns of the Libyan Diaspora

Author:
Houda Mzioudet
Publication Date:
07-2021
Content Type:
Research Paper
Institution:
Arab Reform Initiative (ARI)
Abstract:
The NATO campaign to unseat long-time Libyan dictator Muammar Gaddafi in 2011 was met largely with support by Libyans living in exile. Many had not set foot in their country in decades – some not even since 1969, the year Gaddafi carried out his coup d'état against King Idris I – and in diaspora they formed a close-knit community of intellectuals, doctors, professors, artists, politicians, and other civil society activists who acted as an opposition force to the regime. With the tragic unfolding of what started as the Libyan uprising in 2011, which morphed into a protracted civil and proxy war, the Libyan diaspora has enlarged to include new categories of activists and political actors seeking refuge abroad but also new socio-economic groups who are fleeing the deteriorating economic and security conditions. Yet despite this diversification in the profiles of those in diaspora, the conflict has never undermined the efforts of Libyans in exile to rebuild a semblance of a community that can mobilize for promoting peace and reconciliation. Building on the rich networks that were made with Western and Arab policymakers during the long years of exile, the Libyan diaspora, which has never been a monolithic entity, has been able to contribute to changes that have occurred in the country since the fall of the Gaddafi regime. This study explores the formation of Libyan exile communities since 2011, the different relationships they harbor vis-à-vis the homeland, and some of the different roles they have assumed in building the imagined community and in participating in the rebuilding of the country. Through exploration of the nature of the diaspora and its geographical distribution, and with particular focus on those in Tunisia vs. those in the UK and US, the study assesses the diasporic character of Libyans in exile. The research finds that issues related to peacebuilding, reconciliation, and the empowerment of women and minority groups act as nodal points for diasporic Libyans who, despite their different ideological, cultural, and tribal affiliations, can find common ground when discussing the future of post-Gaddafi Libya.1 Yet, in exploring the work of Libyan diaspora organizations and contextualizing the different waves and destinations of exodus, the research also observes quite different patterns of diaspora mobilization. More precisely, the research finds that the relationships between those in diaspora and the Libyan homeland differ according to relationship, as do the political opportunity structures, which have an implication on the type of mobilization that occurs. In this way, Libyans in diaspora in Tunisia – who maintain patterns of circular mobility and often harbor hopes of return, and who perceive more threats if engaged in political mobilization – tend to either remain under the radar or to engage through the activities and frameworks of international organizations located in Tunis. On the contrary, those in Western capitals have been able to cultivate relationships with foreign policymakers and international organizations for advocacy and lobbying purposes in favor of transitional processes. In all cases, though, direct political participation of Libyans in diaspora in homeland politics has faced a number of institutional, legal, and perceptional barriers, which nonetheless show signs of being able to be overcome through shared belonging to the Libyan imagined community. Based on structured and semi-structured interviews with four members of the Libyan diaspora, an online questionnaire distributed through a popular Libyan podcast series, a conversation with the Libyan podcast series’ creator and my attendance of two Zoom conferences of a Libyan diasporic organization, and drawing on existing statistical data as well as a qualitative review of social media content of Libyan exile groups, carried out between September 2019-January 2021, the study provides an assessment of how members of the Libyan diaspora relate to the homeland and to each other, and how these relationships contribute to different patterns of mobilization. The study concludes with a few recommendations to Libyan and international policymakers regarding how best to support the Libyan diaspora in the implementation of their efforts designed to promote reconciliation, peacebuilding, institutional reform, and transitional justice for Libya.
Topic:
NATO, Development, Nationalism, Military Strategy, Transitional Justice, Conflict, and State Building
Political Geography:
Africa and Libya

36. Locating Peace within the Justice Agenda: The Case of the African Union Transitional Justice Policy

Publication Date:
05-2021
Content Type:
Special Report
Institution:
Centre for the Study of Violence and Reconciliation (CSVR)
Abstract:
This paper discusses the African Union Transitional Justice Policy as a case study that locates peace within the justice agenda in Africa, drawing from the rich, three-decade-long practice and experience of transitional justice processes on the continent to guide and inform future processes. It discusses the parameters set by the policy within which peace and justice processes can co-exist and be pursued in transitional justice through timing and sequencing. The paper also analyses the benchmarks of success for peace processes, making use of African examples and offering recommendations.
Topic:
Conflict Resolution, Peacekeeping, Transitional Justice, Peace, and Justice
Political Geography:
Africa and African Union

37. The Complementarity of Transitional Justice & SSR in Addressing and Preventing Human Rights Violations: Focus on The Gambia

Author:
Alex Frediani
Publication Date:
09-2021
Content Type:
Case Study
Institution:
Geneva Centre for Security Sector Governance (DCAF)
Abstract:
This paper examines the interlinkage between SSR and transitional justice as complementary tools to provide a platform for reconciliation, reforming abusive institutions and ensuring oversight and accountability of the justice and security sector. Looking at the case of The Gambia, the paper argues that SSR should be considered as an integral component to transitional justice, under the pillar of the guarantee of non-recurrence, which require states to take all necessary measures to prevent recurrence of violations, including the necessary reforms to shape its security sector in such a way that fully enshrines respect for human rights. An integrated approach to SSR and transitional justice implies the need to “deal with the past” as a core objective of the SSR agenda while ensuring an effective coordination and communication between the two processes so that SSR is continuously fed by and mindful of the proceedings of the Truth, Reconciliation and Reparations Commission (TRRC). Furthermore, “dealing with the past” in the framework of SSR implies addressing the issue of potential vetting of security personnel allegedly involved in past abuses. In parallel, the transitional justice process constitutes an opportunity for the Government to initiate legal and judicial reforms required for effective prosecution of those allegedly responsible for serious violations of human rights committed during the past regime. While the paper argues that more could have been done to link SSR and transitional justice in The Gambia, the release of the TRRC report in the coming weeks will constitute a unique opportunity to effectively integrate transitional justice into the SSR agenda. The adoption of proper mechanism and strategies will be critical to ensure transparent and inclusive review of and dialogue around the recommendations of the TRRC as they pertain to the security sector to ensure that these recommendations are a matter of public interest and that they duly (re)shape the SSR agenda.
Topic:
Security, Human Rights, Transitional Justice, Justice, and Human Rights Violations
Political Geography:
Africa and Gambia

38. 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

39. 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

40. 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