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Begin New Search Topic Transitional Justice Political Geography Africa

41. 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

42. Building Blocks for Reparations: Providing Interim Relief to Victims Through Targeted Development Assistance

Author:
Sarah Kasande Kihika and Eva Kallweit
Publication Date:
09-2020
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
The armed conflict in Northern Uganda, stretching across more than two decades, greatly affected the populations of Northern Uganda, which suffered multiple forms of war crimes and gross abuses of human rights. Violations included forced displacement, pillaging, looting and destruction of property, abduction, forced recruitment, slavery, forced marriage, sexual violence, psychological harms, mutilation, killings, torture, and cruel, inhumane, and degrading treatment. These violations have had long-term social and economic consequences for victims, affecting and impairing their functionality, livelihoods, schooling, physical and mental health, social skills, self-esteem, and interpersonal relations in the post-conflict period, with differential impacts on men, women, boys, and girls. This study assesses the opportunities for providing interim relief to victims of conflict-related human rights violations through targeted development programs, pending the establishment of a comprehensive reparations program. Reparations are a response to gross human rights violations, meant to provide redress in its many forms, including compensation to victims. Development assistance differs from reparations in that it is aimed at improving the general socioeconomic conditions of citizens more broadly. This report acknowledges the distinctions between reparations and development, while exploring intersections between the two that could be optimized to address the urgent needs of victims of human rights violations. It identifies substantive and practical considerations that government authorities at the national and local levels should take into account when designing and implementing reconstruction and development programs, and it proposes ways to maximize the potential of ongoing programs to address the immediate needs of victims and mitigate the effects of the abuses they endured. Finally, the study explains how existing recovery and development programs could increase victims’ access, improve their implementation modalities, and address the various challenges and gaps that limit programs’ effectiveness. If they are appropriately designed, local recovery and reconstruction programs can form a foundation upon which reparative approaches can be based and built in the future.
Topic:
Human Rights, Reform, Transitional Justice, and Reparations
Political Geography:
Uganda and Africa

43. Freedom under Siege: Freedom of Association and Assembly in Sub-Saharan Africa

Author:
Selby Xinwa
Publication Date:
02-2020
Content Type:
Policy Brief
Institution:
Centre for the Study of Violence and Reconciliation (CSVR)
Abstract:
This briefing paper provides an overview of the shrinking civic space as well as the situation on the violations of the rights to freedom of association and assembly in sub-Saharan Africa. It also highlights innovation and strategic advocacy approaches employed by sub-Saharan Africa's civil society to defend their civic participation space.
Topic:
Civil Society, Transitional Justice, Advocacy, Civil Liberties, and Civic Engagement
Political Geography:
Africa and Sub-Saharan Africa

44. Violence, Inequality and Transformation: Apartheid Survivors on South Africa's Ongoing Transition

Author:
Jasmina Brankovic, Brian Mphahlele, Sindiswa Nunu, Agnes Ngxukuma, Nompumelelo Njana, and Yanelisa Sishuba
Publication Date:
02-2020
Content Type:
Book
Institution:
Centre for the Study of Violence and Reconciliation (CSVR)
Abstract:
Despite its lauded political transition in 1994, South Africa continues to have among the highest levels of violence and inequality in the world. Organised survivors of apartheid violations have long maintained that we cannot adequately address violence in the country, let alone achieve full democracy, without addressing inequality. This book is built around extensive quotes from members of Khulumani Support Group, the apartheid survivors' social movement, and young people growing up in Khulumani families. It shows how these survivors, who bridge the past and the present through their activism, understand and respond to socioeconomic drivers of violence. Pointing to the continuities between apartheid oppression and post-apartheid marginalisation in everyday life, the narratives detail ways in which the democratic dispensation has strengthened barriers to social transformation and helped enable violence. They also present strategies for effecting change through collaboration, dialogue and mutual training and through partnerships with diverse stakeholders that build on local-level knowledge and community-based initiatives. The lens of violence offers new and manageable ways to think about reducing inequality, while the lens of inequality shows that violence is a complex web of causes, pathways and effects that requires a big-picture approach to unravel. The survivors' narratives suggest innovative strategies for promoting a just transition through people-driven transformation that go well beyond the constraints of South Africa's transitional justice practice to date. A result of participatory research conducted in collaboration with and by Khulumani members, this open-access book will be of interest to activists, students, researchers and and policy makers working on issues of transitional justice, inequality and violence.
Topic:
Conflict Resolution, Political Violence, Apartheid, Peacekeeping, Transitional Justice, Peace, Justice, Community, and Marginalization
Political Geography:
Africa and South Africa

45. Women’s Experiences of Dictatorship in the Gambia

Author:
The International Center for Transitional Justice
Publication Date:
12-2019
Content Type:
Working Paper
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
Since the Gambia's Truth, Reconciliation, and Reparation Commission (TRRC) began public hearings in January 2019, an important part of the country’s narrative has not yet come to light or been publicly acknowledged: the experiences of women. This report brings forward the voices of women victims and sheds light on the violations they have suffered under Jammeh’s dictatorship and their enduring impact on their lives and those of their families.
Topic:
Gender Issues, Women, Transitional Justice, Reconciliation, and Truth
Political Geography:
Africa and Gambia

46. Situating Security Sector Reforms in Kenya’s Discourse on Inclusion and National Dialogue Process

Author:
Christopher Gitari
Publication Date:
04-2019
Content Type:
Working Paper
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
This paper explores political exclusion in Kenya and its consequences on the social fabric of the nation. It draws from past governmental reports and analysis to formulate new recommendations that can inform current discourse. It first provides an overview of ethnicity in Kenya. It then describes experiences of exclusion by minority groups, as well as state responses to exclusion. Finally, it looks at efforts to reform the security sector. It closes by offering some general guiding principles and recommendations.
Topic:
Security, Transitional Justice, Participation, and Exclusion
Political Geography:
Kenya and Africa

47. 'You Can Change the Course of a Country:' Report on the International Gender Symposium

Author:
Sibley Hawkins
Publication Date:
08-2019
Content Type:
Working Paper
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
In February 2019, ICTJ hosted an international symposium on gender and transitional justice in Tunisia that brought together representatives from eight countries where ICTJ has been actively engaged in implementing a gender-focused approach to its programming. This briefing paper presents the lessons learned and key strategies that came out of this conference, as well as recommendations to international organizations, donors, and the media.
Topic:
Gender Issues, Women, Media, and Transitional Justice
Political Geography:
Africa, Middle East, Asia, Sri Lanka, Nepal, Syria, and Tunisia

48. Can Building Bridges Break the Cycles of Corruption and Political Violence in Kenya?

Author:
Agatha Ndonga and Ruben Carranza
Publication Date:
11-2019
Content Type:
Working Paper
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
In its report, the Kenya Truth, Justice and Reconciliation Commission concluded that “corruption is endemic in Kenya” and that “there is a direct link between corruption and gross violation of human rights.” This paper considers the extent of impunity for corruption in Kenya, how corruption fuels and facilitates political violence and land injustices, and how Kenya can learn from other countries’ experiences to go beyond building bridges among the elite and meaningfully protect the rights of its citizens.
Topic:
Political Violence, Corruption, Transitional Justice, Reconciliation, and Truth
Political Geography:
Kenya and Africa

49. The Challenges of Power-Sharing and Transitional Justice in Post-Civil War African countries

Author:
Sadiki Koko
Publication Date:
07-2019
Content Type:
Journal Article
Journal:
African Journal on Conflict Resolution
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
This article uses the cases of Burundi, Mozambique and Sierra Leone to analyse transitional justice processes in African societies where power-sharing was used as a key tool to end very protracted and violent civil wars. It is argued that, by affording warring parties a prominent role in the post-settlement political environment, power-sharing inadvertently impeded the pursuit of both restorative and criminal justice in all three countries. As an instance of ‘warriors’ justice’, power-sharing was used by such actors as an opportunity to avoid facing retributive justice. Indeed, due to the central position they held within the power-sharing dispensations, former warriors emphasised amnesty while paying lip service to reparations for victims. In all three countries, the decision to revert to the international judicial system or not was mainly motivated by political calculations rather than any genuine concern for justice. However, notwithstanding the shortcomings above, the consensus brought about by the power-sharing dispensations enabled the three countries to effect meaningful institutional reforms, albeit with limited and different levels of success.
Topic:
Civil War, Diplomacy, Political Power Sharing, and Transitional Justice
Political Geography:
Africa, Mozambique, Sierra Leone, and Burundi

50. “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