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52. 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
53. Memorialisation as an Often Neglected Aspect in the Consolidation of Transitional Justice
- Author:
- Shirambere Philippe Tunamsifu
- Publication Date:
- 12-2018
- Content Type:
- Journal Article
- Journal:
- African Journal on Conflict Resolution
- Institution:
- The African Centre for the Constructive Resolution of Disputes (ACCORD)
- Abstract:
- For more than five decades after the Independence Day (1960–2018), the Democratic Republic of the Congo (DRC) has continued to witness large-scale violations of human rights and serious violations of international humanitarian law. Trying to deal with past abuses, the country twice experienced a process of transitional justice, in 1992 and in 2004, as the result of the Conférence Nationale Souveraine and the Inter-Congolese Dialogue, respectively. Both of these processes failed to achieve the desired result, and neither adopted any memorialisation process that honours the memory of victims. In October 2013, however, delegates to the Concertation Nationale recommended the government to build monuments in memory of victims of the different armed conflicts. Unfortunately, five years later the government has not yet done anything to implement that recommendation. Based on the interrogation of stakeholders, this paper offers strategies on how to honour the memory of victims of the various armed conflicts in the DRC – in order to consolidate the degree of transitional justice that had been attained. To collect data, 32 key informants were interviewed and two focus group discussions were held in areas affected by armed conflicts. Findings included the recommendation that the State should apologise publicly for its failure to protect the civilian population. Thereafter, a commemorative day should be adopted to bring together victims and alleged perpetrators, and official monuments and memorials should be built in the most affected areas. Uncostly monuments, and aptly named schools, hospitals and public markets in memory of abuses should be built as symbolic collective reparation.
- Topic:
- Transitional Justice, Memory, Reparations, and Symbolism
- Political Geography:
- Africa and Democratic Republic of the Congo
54. The Proposed Hybrid Court for South Sudan
- Author:
- Owiso Owiso
- Publication Date:
- 12-2018
- Content Type:
- Journal Article
- Journal:
- African Journal on Conflict Resolution
- Institution:
- The African Centre for the Constructive Resolution of Disputes (ACCORD)
- Abstract:
- The 2015 Agreement on the Resolution of the Conflict in the Republic of South Sudan provides quite ambitiously and laudably for the creation of the Hybrid Court for South Sudan under the auspices of the African Union. The article is an extract from the author’s 2016 LL.M. dissertation submitted to the University of Pretoria. It critically examines the salient features of the proposed court with the aim of testing the court’s ability to effectively address historical grievances and injustices in South Sudan. In so doing, the article draws lessons from similar mechanisms in Africa and beyond. It also interrogates the role of the African Union and South Sudan in operationalising this court. It reveals strengths as well as weaknesses in the proposed design of the court as well as in the ability of the African Union and South Sudan to fulfil their obligations. Despite these weaknesses, the article argues that by harnessing the strengths identified and learning from lessons from across the continent, the African Union (AU) and South Sudan can overcome the anticipated challenges and operationalise a hybrid court which will effectively deliver sustainable justice to the victims of international crimes committed during the South Sudan civil war.
- Topic:
- Human Rights, International Cooperation, Transitional Justice, and African Union
- Political Geography:
- Africa and South Sudan
55. Withdrawal from the International Criminal Court
- Author:
- Michelle Nel and Vukile Ezrom Sibiya
- Publication Date:
- 09-2017
- Content Type:
- Journal Article
- Journal:
- African Journal on Conflict Resolution
- Institution:
- The African Centre for the Constructive Resolution of Disputes (ACCORD)
- Abstract:
- After a century in the making, the International Criminal Court (ICC) came into existence in 2002 with an overwhelming number of states ratifying the Rome Statute. With 34 signatories, Africa is the largest contributor in the Assembly of State Parties, yet Africa has become its severest critic. As threats of withdrawal become a reality with the imminent withdrawal of Burundi, this article considers the question of whether Africa has an alternative solution. With an African Union (AU) Constitutive Act purporting a commitment to combating impunity and promoting democracy, rule of law and good governance, one would expect the AU to be ready to pick up the reins. To end impunity and hold perpetrators accountable, finding an alternative for the lacuna left in the absence of the ICC has never been more pressing. The recent adoption of a strategy by African countries for a mass withdrawal has pushed the matter to the fore. This article discusses the feasibility of amnesty, domestic and local trials, or an African regional court as viable alternatives to ICC jurisdiction and prosecution. The creation of an African regional court in the guise of the African Court of Justice and Human Right (ACJHR) seems the preferred solution, enabled by the Malabo Protocol extending its jurisdiction to international and transnational crimes. Slow ratification does not bode well for the proposed ACJHR and its extended jurisdiction. Time is of the essence and whatever solution is found will necessitate decisive action by the AU.
- Topic:
- Human Rights, International Cooperation, Regional Cooperation, Transitional Justice, International Criminal Court (ICC), and African Union
- Political Geography:
- Africa
56. Women and Transitional Justice
- Author:
- Peace and Security (GIWPS) Georgetown Institute for Women
- Publication Date:
- 08-2017
- Content Type:
- Working Paper
- Institution:
- Georgetown Institute for Women, Peace and Security (GIWPS)
- Abstract:
- This volume attempts to share some of the ideas outlined in a Bridging Theory and Practice Symposium on the topic of women and transitional justice. In the following pages, Jennifer Moore presents a useful framework for how to conduct qualitative research that focuses on the work of women-led, community-based organizations in Uganda, Sierra Leone, and Burundi, and in doing so helps construct a research model that can be adapted across contexts. Rebekka Friedman provides reflections on women’s experiences in culturally mediated grieving and recovery processes in northern Sri Lanka. Anna Applebaum and Briana Mawby discuss the opportunities and challenges to engendering transitional justice processes in Kenya after the 2007-2008 post-election violence, paying particular attention to the ongoing and yet-to-be fully implemented Restorative Justice Fund.
- Topic:
- Elections, Women, Transitional Justice, Violence, and Community-based Organizations
- Political Geography:
- Uganda, Kenya, Africa, Sri Lanka, Sierra Leone, and Burundi
57. Victims Fighting Impunity Transitional Justice in the African Great Lakes Region
- Author:
- Aileen Thomson and Sarah Kasande Kihika
- Publication Date:
- 03-2017
- Content Type:
- Special Report
- Institution:
- The International Center for Transitional Justice (ICTJ)
- Abstract:
- The International Center for Transitional Justice’s experience working in Uganda, Kenya, and the Democratic Republic of Congo (DRC) in this regard has followed a pattern we have seen in other contexts, where it has been important to move beyond the “integrated approach” to transitional justice,1 and codified frameworks, that can take years to operationalize and are backed only theoretically by government. Given this, ICTJ has worked with local organizations in Great Lakes countries to identify and support more limited, sometimes unofficial, processes that may have more realistic chances of success and gaining political support, while continuing, where appropriate, to push for the implementation of other measures that may or may not have been included in the original formal transitional justice framework. Through a more targeted approach, based on political analysis of the evolving context, the intention is to move forward on one measure in a way that not only advances acknowledgement, accountability, and reform directly, but also creates space for other objectives to be pursued in the future. The paper begins with an overview of the transitional justice processes currently underway in Uganda, Kenya, and the DRC. Next, it identifies lessons learned from ICTJ’s experience of working in the Great Lakes region, which may be applicable in other countries. These lessons include the importance of understanding the needs of victims, conducting a thorough political analysis, identifying strategic and realistic opportunities for transitional justice, investing in and supporting a domestic constituency to take ownership of the process, and creating and facilitating interactions between the state and victims/civil society. Together, these strategies can facilitate the creation of space for the design and implementation of context-specific, locally owned measures that provide or advance meaningful acknowledgement, redress, accountability, and reform. The experiences examined below are based on work that is still in progress and has not necessarily achieved all potential results yet. However, we believe that the work described here has attained some level of success in laying a foundation for meaningful and sustainable transitional justice processes in these countries in the future. This paper offers a concrete analysis of more general critical reflections that have grown out of ICTJ practice regarding what is often referred to as an integrated (or comprehensive)approach to transitional justice. Such an approach refers to an attempt, often through a peace agreement or legislation, to simultaneously create, define, or commit to multiple transitional justice measures—usually the so-called “four pillars” of transitional justice, namely truth seeking, reparations, prosecutions, and institutional reform. This approach may be codified officially by a peace agreement or policy that sets out the different measures. It may include a system to establish their interrelationships and/or a sequence for implementation. The model of an integrated approach is rooted in different sources. One is the very important body of human rights activism, rulings, and resolutions of the past three decades that have led to the formal identification of the rights of victims of grave human rights violations as the right to truth, justice, reparations, and guarantees of non-recurrence as well as the standardization that grew out of international recognition of transitional justice as part of rule of law and peacebuilding efforts. A second source is more strongly conceptual and has led to theories that suggest strong positive synergies or interactions among these measures meant to advance victims’ rights (or the four pillars) when designed together and implemented as part of a coherent, preconceived plan or policy. While conceptually compelling, on the ground such an attempt to create and or implement a comprehensive model, with little reference to the political and social context, available human and material resources, or the more specific concerns of victims, has often led to mechanical, “template-like” measures if they are implemented or to years of delay to create the multiple and complex policies required. Common consequences have included limited meaningful participation by victims or civil society, paltry responses to victims, limited impact on fighting impunity or building trust, deficits in social dynamism in support of victims’ rights, great frustration, and rapid declines in international support. Efforts in Great Lakes countries on transitional justice using such a comprehensive model provide many examples of such consequences, as will be discussed below. The difficulties in generating successful transitional justice processes through an integrated approach does not mean “throwing the baby out with the bathwater” or giving up on the fundamental commitment to victims’ rights as an essential part of building stable, peaceful, and inclusive societies in the long term. Rather, the challenges at hand are to pay more attention to the context, to listen to victims and other stakeholders about appropriate measures of redress and about what can work, and to identify strategies and actions that may be small at any given time, but can provide some effective, albeit partial, response and build momentum and experience for further action. ICTJ presents here some of the lessons that can be learned from working to advance transitional justice in three countries in the Great Lakes region, in the hopes that they can frame new efforts in the region and elsewhere.
- Topic:
- Transitional Justice, Impunity, Accountability, and Victims
- Political Geography:
- Uganda, Kenya, Africa, Burundi, and Democratic Republic of Congo
58. Efficacy of top-down approaches to post-conflict social coexistence and community building: Experiences from Zimbabwe
- Author:
- Manase Kudzai Chiweshe
- Publication Date:
- 12-2016
- Content Type:
- Journal Article
- Journal:
- African Journal on Conflict Resolution
- Institution:
- The African Centre for the Constructive Resolution of Disputes (ACCORD)
- Abstract:
- This paper provides an assessment of the work done by the Organ on National Healing, Reconciliation and Integration (ONHRI) in post-2008 Zimbabwe. ONHRI was employed by the Zimbabwean government (precisely as Government of National Unity) to ensure national healing and integration. The efficacy of top-down approaches to social cohesion in post-conflict contexts is questioned. The paper outlines how political expediency, mistrust and polarisation debilitated the work of ONHRI. There was little consultation done in creating ONHRI, especially with communities affected by political violence. Academics, civil society, smaller political parties and private entities were left out of the process of creating social cohesion mechanisms. For the Zimbabwe African National Union – Patriotic Front (ZANU-PF), the Organ was a concession on their part to the demands of the MDC and this led to problems in implementing its mandate. What transpired became a political cat and mouse game in which actors at the national level frustrated the process of uncovering the truth and the promotion of healing. ONHRI’s work has to be understood within a context of political competition in the Government of National Unity (GNU) in which self-interest overtook the mandate of the Organ. The paper therefore argues that Zimbabwe lost an opportunity to entrench grassroots social cohesion and healing processes.
- Topic:
- Conflict Resolution, Treaties and Agreements, Transitional Justice, Social Cohesion, and Community
- Political Geography:
- Africa and Zimbabwe
59. Transitional justice and democratisation nexus: Challenges of confronting legacies of past injustices and promoting reconciliation within weak institutions in Kenya
- Author:
- Ibrahim Magara
- Publication Date:
- 08-2016
- Content Type:
- Journal Article
- Journal:
- African Journal on Conflict Resolution
- Institution:
- The African Centre for the Constructive Resolution of Disputes (ACCORD)
- Abstract:
- Following the post-election violence (PEV) of 2007-8, which almost jettisoned the country into civil war, Kenya put in place a number of transitional justice mechanisms, such as truth telling, as a peacebuilding strategy. One of the major recommendations of Kenya’s Truth, Justice, and Reconciliation Commission (TJRC) is the creation of institutions and mechanisms for peacebuilding, reconciliation, and early warning with a view towards harmonising their activities and adopting a coordinated approach. This article explicates the centrality of democratic institutional reforms in the process of reconciliation, peacebuilding, and long-term stability. In tackling the notion of national reconciliation as a central pillar in post-conflict recovery and peacebuilding, this paper proposes that reconciliation happens within strong and properly functioning institutions of governance that are supportive of transitional justice mechanisms. Based on the transitional justice process in Kenya and building upon a view of reconciliation as a process, rather than an end, this paper argues that strengthening institutions that function within governance structures will go a long way towards placing Kenya on the path to reconciliation, national cohesion, and long term stability.
- Topic:
- Democratization, Transitional Justice, Institutions, Reconciliation, and Injustice
- Political Geography:
- Kenya and Africa
60. Media and Transitional Justice: A Dream of Symbiosis in a Troubled Relationship
- Author:
- Refik Hodzic and David Tolbert
- Publication Date:
- 09-2016
- Content Type:
- Policy Brief
- Institution:
- The International Center for Transitional Justice (ICTJ)
- Abstract:
- One of the least studied, yet highly significant relationships that unfolds in transitional contexts, where efforts are underway to reckon with past abuses, is the nexus between transitional justice measures and the media. Th is paper provides an overview of the main issues that often burden this relationship with mutual mistrust and at times even open conflict. The paper also provides examples of the positive social impacts of media engaging with transitional justice processes, where a degree of complementarity exists. Moreover, it makes a case for the media to constructively engage with such processes in the public interest, of which the media is a natural guardian. The power of media can be instrumentalized toward either virtuous or nefarious ends, and there are myriad examples of media being used to foment violence and dehumanize groups targeted in conflict or various forms of state repression. Media has been used to polarize or inflame underlying identity issues, deepen divides and reinforce the root causes of conflict. Such manipulation of media easily extends into transitional times and may take the form of “us-versus-them” biases that reinforce nationalist myths of victimhood and supremacy. Not all members of society may support efforts to arrive at truth and accountability for past violations, especially members of the former regime or the formerly loyal elites, and media companies owned by political parties, government factions, or powerful business interests “can seize on polarizing myths as a mode of retaining their loyal following, often subverting the possibility of bridge figures emerging.” At the same time, media can also support and promote transitional justice mechanisms by reflecting society’s new values and demands of victims. In a global online debate hosted by the International Center for Transitional Justice (ICTJ), UN Special Adviser for the Prevention of Genocide Adama Dieng asserted, “If media has the power to incite and fuel such heinous crimes as we witnessed in Rwanda and elsewhere, then it is also possible that it can be used as a force for good to promote peaceful coexistence among the population.” Drawing on academic work on the subject and the voices of journalists, transitional justice practitioners, and academics, this paper charts the ways in which the media can impact the success of transitional justice efforts and examines the myriad factors shaping journalists’ approach to reporting on these processes. It then analyzes the distinct ways that media covers or interacts with transitional justice processes during their various stages. Th is sets the stage for a brief analysis of examples of different forms of symbiosis between media and transitional justice processes, which emphasizes the positive impact of special reporting projects dedicated solely to covering these issues. Th e discussion of the complementarity between the two is followed by examples of the destructive impact of politicized and negative media coverage, which has seriously undermined the work of truth commissions or trials in certain countries, diminishing any lasting societal impact they might have. Finally, the paper draws attention to the possible benefits that emerging transitional contexts like Colombia could experience from understanding the significance of this complex relationship and addressing the need for a constructive engagement of media in the transitional justice process from the beginning.
- Topic:
- Media, Transitional Justice, and Accountability
- Political Geography:
- Kenya, Africa, Europe, Middle East, Asia, South Africa, Colombia, South America, Balkans, North Africa, Guatemala, and Democratic Republic of Congo