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61. Transitional justice and peacebuilding in the Democratic Republic of the Congo

Author:
Shirambere Philippe Tunamsifu
Publication Date:
03-2015
Content Type:
Journal Article
Journal:
African Journal on Conflict Resolution
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
Almost two decades ago, the Democratic Republic of the Congo (DRC) was confronted with a vicious cycle of internationalised armed conflicts in which between six and ten million people are estimated to have been killed. Those conflicts were resolved through peace agreements between the leaders of the warring parties, leaving affected populations to their predicaments. From among the mechanisms during peace talks aimed at dealing with the past, the Congolese opted for an international ad hoc tribunal and a truth and reconciliation commission (TRC). Unfortunately, the United Nations was unwilling to establish such a tribunal in the DRC and the TRC put in place did not investigate a single case. Therefore, the DRC lost opportunities to hold accountable alleged perpetrators, establish the truth of the past, promote reconciliation, and prevent further violence. The subsequent resumption of conflict is the result of failing to address the past. After the stabilisation of the country, a combination of judicial and non-judicial mechanisms of transitional justice could respond to past abuses and contribute to the peacebuilding process in the DRC. Hence, this paper endorses as a judicial mechanism, in addition to the International Criminal Court (ICC), the establishment of a hybrid international tribunal to hold accountable those who bear the greatest responsibility for events since 1996. This paper also endorses the promotion of the non-judicial indigenous mechanism Barza intercommunautaire to help resolve low-level disputes and pave the way for a new TRC that could promote reconciliation, formulate recommendations on institutional reform, identify criteria for the lustration and vetting process, identify victims and recommend reparations.
Topic:
Transitional Justice, Peace, International Criminal Court (ICC), and Post-Conflict
Political Geography:
Africa and Democratic Republic of the Congo

62. ‘We cannot reconcile until the past has been acknowledged’: Perspectives on Gukurahundi from Matabeleland, Zimbabwe

Author:
Ruth Murambadoro
Publication Date:
03-2015
Content Type:
Journal Article
Journal:
African Journal on Conflict Resolution
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
Since the Matabeleland massacres in the early 1980s, reconciliation remains unattainable in this region of Zimbabwe. Reasons for this include the fact that survivors of these atrocities have not received the acknowledgement they require from the government. As a result, their perception is that the government has continued to repress them by failing to provide for their needs. More so, the preceding episodes of violence in the region have engendered fear, anxiety and distress among a population that is battling to deal with its past. This article explores the attempts by the government and civil society representatives in the region to facilitate reconciliation and seeks to determine their ability to establish durable peace at the community level. Drawing from fieldwork undertaken in Matabeleland in April 2014, this article describes what the community identifies as central requirements for reconciliation to occur, as against what is provided by the national framework for reconciliation implemented by the government.
Topic:
Transitional Justice, Conflict, and Reconciliation
Political Geography:
Africa and Zimbabwe

63. On the Path to Vindicate Victims’ Rights in Uganda: Reflections on the Transitional Justice Process Since Juba

Author:
Michael Otim and Sarah Kasande Kihika
Publication Date:
06-2015
Content Type:
Policy Brief
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
The government of Uganda has been slow to address and remedy serious human rights abuses committed against civilians throughout the country, despite its commitment under the Juba peace talks. This paper analyzes some of the underlying factors that seem to impede the implementation of transitional justice measures in Uganda, such as waning political support and an overly bureaucratic process, and offers practical recommendations on how to advance the process.
Topic:
Transitional Justice, Criminal Justice, Reparations, Human Rights Violations, and Truth and Reconciliation
Political Geography:
Uganda and Africa

64. The Accountability Landscape in Eastern DRC Analysis of the National Legislative and Judicial Response to International Crimes (2009–2014) - Briefing

Author:
Sofia Candeias, Luc Côté, Chris Papageorgiou, and Myriam Raymond-Jetté
Publication Date:
07-2015
Content Type:
Policy Brief
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
This briefing paper summarizes the findings of an ICTJ report (by the same name) on the judicial response to international crimes in the Democratic Republic of the Congo. It makes substantive recommendations to justice stakeholders in the DRC on how to advance prosecutions of international crimes in domestic courts, based on the finding that the number of open investigations related to serious crimes remains very low compared to the magnitude of atrocities committed in the DRC. It is based on ICTJ research and interviews with Congolese prosecutors, judges, lawyers, and investigators; members of national and international civil society groups; and MONUSCO and UN personnel.
Topic:
Transitional Justice, Criminal Justice, Accountability, and Judiciary
Political Geography:
Africa and Democratic Republic of Congo

65. From Rejection to Redress: Overcoming Legacies of Conflict-Related Sexual Violence for Women and Their Children in Northern Uganda

Author:
Virginie Ladisch
Publication Date:
10-2015
Content Type:
Policy Brief
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
This paper examines the unique, enduring consequences of conflict-related sexual violence in northern Uganda, focusing specifically on the impact of the lack of accountability for sexual crimes leading to motherhood on girls and women, and on the children they bore as a result of violations. Its findings are a summarized version of a ICTJ report based on consultations conducted in Uganda’s Acholi, Lango, Teso, and West Nile sub-regions. The paper presents detailed recommendations to the Uganda government, civil society, and the international community to address the rights and needs of this overlooked group of victims.
Topic:
Children, Women, Transitional Justice, Sexual Violence, and Youth Engagement
Political Geography:
Uganda and Africa

66. From Rejection to Redress: Overcoming Legacies of Conflict-Related Sexual Violence in Northern Uganda

Author:
Virginie Ladisch
Publication Date:
10-2015
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
The conflicts in northern Uganda witnessed wide-scale perpetration of serious crimes, including murder, abduction, torture, forced displacement, forced recruitment, destruction of property, and various forms of sexual and gender-based violations, including rape, sexual slavery, and forced marriage. While considerable resources have been expended on humanitarian, recovery, and development programs in conflict-affected areas, the crimes committed during past conflicts by both rebels and state actors have not been accompanied by any significant measure of accountability, truth seeking, or acknowledgment by the state. In many respects, this absence of redress has poisoned the atmosphere in some communities with recrimination, resentment, and stigmatization, a problem which particularly affects children born of conflict-related sexual violence and their mothers. Considering the unique and enduring consequences of sexual and gender based violations, this report focuses specifically on the impact of the lack of accountability for sexual crimes that lead to motherhood. The rights of women who suffered conflict-related sexual violence and the children they bore as a result have largely been overlooked by the state; the violations they suffered remain unredressed. In response to this accountability gap, the International Center for Transitional Justice (ICTJ) conducted consultations across greater northern Uganda in April 2015 on the long-term challenges and unredressed justice needs of children born as a result of conflict-related sexual violence and of their mothers, in order to inform advocacy efforts that will contribute to acknowledgment, reparations, and justice for this category of victims. This report aims to capture the main issues that emerged from these consultations and offer policy recommendations on how these unmet justice needs could be addressed.
Topic:
Gender Based Violence, Transitional Justice, Conflict, Sexual Violence, and Youth Engagement
Political Geography:
Uganda and Africa

67. Learning From Our Past: An Exploration of Truth, Justice, and Reconciliation in Kenya

Author:
Karen Murphy, Dylan Wray, and Lucía Ramírez-Bolívar
Publication Date:
11-2015
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
This educational tool for educators and mentors is designed to help teach young people in Kenya about difficult periods in Kenyan history and foster discussion on issues of justice, democracy, leadership, and their role as Kenyan citizens. It uses thought-provoking discussion questions, accessible language, and colourful, expressive illustrations to engage readers (primarily aged 14-18) to think about the different challenges facing their country as they learn about the past. Unlike with most history textbooks, it encourages young people to explore their own roles in shaping society and consider how they can be agents of social change. History lessons are drawn directly from the work of Kenya’s Truth, Justice and Reconciliation Commission. The booklet was created by ICTJ, Facing History and Ourselves, and Shikaya.
Topic:
Education, Transitional Justice, Truth and Reconciliation, and Youth Engagement
Political Geography:
Kenya and Africa

68. Lessons to Be Learned: An Analysis of the Final Report of Kenya’s Truth, Justice and Reconciliation Commission

Author:
Christopher Gitari Ndungú
Publication Date:
05-2014
Content Type:
Policy Brief
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
This paper analyzes the contents of the Final Report that the Kenyan Truth, Justice and Reconciliation Commission (TJRC) presented to President Uhuru Kenyatta on May 21, 2013, after four years of investigations. In particular, it evaluates the report’s information and findings, the logic of the commission’s conclusions and recommendations, and the apparent efforts made by commissioners to examine notorious and contentious past conducts. The paper concludes that, despite the controversies that surrounded the TJRC during its tenure, the contents of the Final Report can be used to consolidate the search for justice for victims of historical injustices in Kenya.
Topic:
Transitional Justice, Justice, and Truth and Reconciliation
Political Geography:
Kenya and Africa

69. Confronting Impunity and Engendering Transitional Justice Processes in Uganda

Author:
The International Center for Transitional Justice (ICTJ)
Publication Date:
06-2014
Content Type:
Policy Brief
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
This briefing paper summarizes the findings of consultations undertaken by ICTJ with women’s groups in Gulu, Lira, and Soroti on confronting impunity and engendering transitional justice processes in northern Uganda. Its purpose is to help incorporate women’s needs and justice demands into the drafting and implementation of the Ugandan government’s forthcoming transitional justice policy. The paper’s many detailed recommendations provide guidance on how transitional justice measures, such as material and symbolic reparations, can recognize and redress the specific harms suffered by women as a result of the LRA conflict.
Topic:
Women, Transitional Justice, Impunity, Justice, and Gender
Political Geography:
Uganda and Africa

70. The Accountability Gap on Sexual Violence in Kenya: Reforms and Initiatives Since the Post-Election Crisis

Author:
The International Center for Transitional Justice (ICTJ)
Publication Date:
06-2014
Content Type:
Policy Brief
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
This briefing paper reviews the Kenyan government’s response to sexual and gender-based violence committed against women, men, and children during the 2007/2008 post-election crisis. It draws on interviews with over 40 survivors about their experience and analyzes the laws and transitional justice mechanisms, like the Commission of Inquiry into Post-Election Violence, that have been put in place to address violations of the past and prevent their recurrence. It includes a set of recommendations to the government, the Attorney-General’s Office, and the National Police Service Commission on closing the accountability gap.
Topic:
Gender Based Violence, Transitional Justice, Criminal Justice, and Sexual Violence
Political Geography:
Kenya and Africa