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21. Truth, Accountability, and Asset Recovery: How Transitional Justice Can Fight Corruption

Author:
Ruben Carranza
Publication Date:
08-2020
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
On March 2 and 3, 2020, two weeks before the World Health Organization (WHO) declared a COVID-19 global pandemic, transitional justice and anti-corruption policymakers, experts, and activists from the Gambia, Kenya, South Africa and Armenia met with their counterparts in Tunisia for a two-day conference entitled, “Truth, Accountability and Asset Recovery: How Transitional Justice Can Fight Corruption,” organized by ICTJ with the support of Tunisia’s National Anti-Corruption Commission (INLUCC) and the Government of the Federal Republic of Germany. This diverse group of leaders came together to share solutions to a common problem: How can countries emerging from dictatorship, war, or political transitions hold corrupt ex-rulers accountable, recover their ill-gotten assets, and ensure that those harmed the most by human rights violations and large-scale corruption can achieve justice, obtain reparations, and overcome marginalization? For many countries pursuing transitional justice, including those represented by participants in the conference, the health and economic impact of the pandemic has made it more urgent to find and design solutions that advance accountability for both human rights violations and corruption. In Kenya, for example, citizens questioned the government’s use of $12 million in COVID-19-related aid from the World Bank, “amid reports that the lockdown intended to curb the spread of the virus had worsened poverty, even forcing a mother to cook stones to make her eight children believe she was preparing food for them.” In Tunisia, INLUCC “identified 11 instances of suspected corruption and conflicts of interest” related to a government deal to acquire millions of facemasks. At the conference, participants brought up the role of the World Bank and the International Monetary Fund (IMF) in enabling corruption during dictatorship or in facilitating state capture through privatization. Ninety-seven human rights and anti-corruption groups have jointly reminded the IMF, which has offered loans to pandemic-hit countries even as it continues to set austerity as a condition, that “transparency and accountability are key to making sure the money the IMF is disbursing actually goes to protecting lives and livelihoods.” This report gives an overview of the conference and its five panel discussions. It presents the thematic questions posed in each panel and summarizes the panelists’ statements and the comments and questions from moderators, other panelists, and participants in the audience. By design, the premise of the conference was clear: The practice by mainly global South countries of including accountability for corruption in their transitional justice processes has settled the debate over whether accountability for corruption should be part of transitional justice. In 2008, the Kenya Truth, Justice and Reconciliation Commission began investigating land-grabbing, large-scale corruption, and violations of economic and social rights. Soon after the Arab Spring in 2011-2012, Tunisia took the most significant steps when it established the Truth and Dignity Commission (TDC) with a mandate that covered violent political repression as well as corruption under former President Ben Ali. In its recently released final report, the commission examines the extent of the corruption and how the development policies and austerity measures imposed by international financial institutions such as the World Bank and the IMF enabled it. In 2016, the post-dictatorship government in the Gambia created a truth commission to examine human rights violations as well as a separate commission of inquiry to investigate ex-dictator Yahya Jammeh’s corruption and identify his ill-gotten wealth. The latter commission is now considering using part of those assets to fund reparations. Although corruption was excluded from the mandate of South Africa’s Truth and Reconciliation Commission, activists in 2017 created the People’s Tribunal on Economic Crime that linked the continuity of post-apartheid corruption to the failure to address it in earlier transitional justice processes. In 2018, the South African government then created the Judicial Commission of Inquiry into Allegations of State Capture to investigate specific economic crimes during and after apartheid. After the 2018 revolution in Armenia that ended a decade of authoritarian rule in the post-Soviet state, the new government embarked on prosecutions for corruption and human rights violations and is now considering a truth commission that would examine specific cases of corruption and human rights violations since 1991. These processes informed the conference, and the panelists who were directly involved in them discussed the challenges, successes, and lessons learned. This report’s original intent was to highlight the most important lessons from these experiences and promote South-South exchanges on transitional justice and accountability for corruption. However, the unprecedented global pandemic during which the conference took place has given it another equally relevant purpose. As ICTJ pointed out in a recent special report on COVID-19, “The pandemic is bringing to the surface underlying inequalities, including the unequal access to health care.” With this in mind, the author hopes this report will also offer policymakers practical approaches to transitional justice that can help address those underlying inequalities, such as measures aimed at improving access to health care for the most vulnerable, and initiatives to use recovered ill-gotten assets to fund reparations for victims.
Topic:
Corruption, Reform, Criminal Justice, Institutions, Reparations, COVID-19, and Truth and Reconciliation
Political Geography:
Kenya, Europe, Armenia, North Africa, Tunisia, Gambia, and Africa

22. Advancing Global Accountability: The Role of Universal Jurisdiction in Prosecuting International Crimes

Author:
Howard Varney and Katarzyna Zdunczky
Publication Date:
12-2020
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
Recourse to universal jurisdiction as a justice mechanism for victims of international crimes has become increasingly popular in recent years. This is especially so given the small appetite for criminal accountability in countries where violations take place and the considerable shortfalls of the international justice system. Although universal jurisdiction faces serious challenges at the conceptual, legal, political, and practical levels, it often remains the only avenue for victims to pursue justice and address the “impunity gap.” This study considers the rationale for universal jurisdiction and describes the challenges and controversies it faces today. It explores similarities and differences between domestic laws that give effect to universal jurisdiction and considers the leading role played by nongovernmental organizations in generating such cases at the domestic level. In particular, the study focuses on the use of universal jurisdiction with respect to serious crimes committed in Syria and provides examples of cases brought before various domestic courts. It also explores the relationship between accountability initiatives for Syria at the international level. The future of universal jurisdiction as a viable mechanism of global justice is also considered. While this form of justice has made significant advances in recent years, it still faces considerable headwinds. The paper concludes with a set of recommendations aimed at entrenching universal jurisdiction as a globally recognized means of justice. The pursuit of universal jurisdiction has opened the door to the possibility of justice in contexts where it was previously thought impossible. A sufficiently high number of countries have introduced universal jurisdiction into their domestic systems. While there is no turning back, this approach to justice is far from generally accepted and has suffered setbacks. This is particularly the case at the political level, with the reach of universal jurisdiction being clawed back. Much work remains to be done to establish universal jurisdiction as a recognized and viable means of global justice.
Topic:
Reform, Criminal Justice, Accountability, Universal Jurisdiction, and Truth and Reconciliation
Political Geography:
Africa, Europe, Middle East, South Africa, and Syria

23. Dead at the Root: Systemic Dysfunction and the Failure of Reform in Lebanon

Author:
Nour El Bejjani Noureddine and Anna Myriam Roccatello
Publication Date:
12-2020
Content Type:
Policy Brief
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
Lebanon is in crisis and its people are tired of decades of endemic corruption, mismanagement, and impunity and of moving from one disaster to the next without making any progress on long-awaited reforms. They have been left with a local currency that is rapidly declining in value, thus eroding their savings and livelihoods. The massive explosion in the capital on August 4, 2020, was only the latest tragedy, the result of decades of systemic dysfunction that perpetuates injustice for victims of all types of human rights violations in Lebanon and inflicts enduring harms on Lebanese society. During the 15-year civil war (1975–1990), more than 150,000 people died, 300,000 were injured or disabled, more than one million were displaced, and more than 17,000 went missing. Although the 1990 Ta’if Agreement effectively ended the armed conflict, it failed to address the human rights abuses committed during the war, a shortcoming that has also meant a failure to uphold victims’ rights. Rather than curbing sectarianism, one of the root causes of the war, the agreement strengthened it by establishing a system of power sharing among the different warring factions along sectarian lines. Today, nearly half of Lebanon’s population is living below the poverty line, with limited services and high economic insecurity. Since the war, the elite class in Lebanon has consistently blamed the country’s dysfunction on others, including neighboring countries and the international community, which have interfered in different ways in the politics and finances of the country. That narrative is no longer sufficient. It is clear that the problems Lebanon is facing today have deep-rooted causes that were never addressed at the end of the war. People will continue to find themselves victims of a corrupt and unjust system until that system is uprooted entirely, and a new, more just, equal, inclusive, and nonsectarian structure is set up in its place.
Topic:
Corruption, Reform, Criminal Justice, and Truth and Reconciliation
Political Geography:
Middle East and Lebanon

24. Assessing the Prospects for Transitional Justice in Georgia

Author:
Howard Varney
Publication Date:
02-2017
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
After the 2012 parliamentary elections, there have been various attempts to address this past. These included the introduction of amnesties, the rehabilitation of torture victims, a proposed commission on miscarriages of justice; the creation of a unit for land restitution in the Office of the Prosecutor; and criminal proceedings against former senior officials. However, none of these measures proved effective. The proposed commission on miscarriages of justice was criticized and abandoned. Efforts at prosecutions were seen as politically motivated and lacking due process. Institutional reforms effected so far have not realized the desired results. Victims have received little or no support or acknowledgment. Towards the end of 2015, the International Center for Transitional Justice (ICTJ) was invited to Georgia to consider whether current conditions were conducive to a serious exploration of the past and the implementation of substantive transitional justice steps to reckon with its past conflicts and human rights abuses. ICTJ conducted interviews with key stakeholders and discussed a range of ideas with them. Interviewees pointed to the need for concerted steps to address the past, but highlighted the lack of political will as an inhibiting factor and noted that, outside of victim communities and organized civil society, the wider public prioritized economic prosperity over addressing past injustices. Nonetheless, victims of torture and property violations continue to push for restoration of property, guarantees of non-recurrence, and institutional reform. Based on this research and findings, this report assesses the prospects for transitional justice in Georgia and makes recommendations in this regard. Th is assessment takes place some seven years after ICTJ last carried out an assessment in Georgia. 2 In 2009 ICTJ stopped short of recommending formal transitional justice steps on the grounds that conditions were not conducive at that stage. Th is report makes recommendations for several steps for the consideration of Georgians. It does so on the understanding that while conditions may not necessarily be perfect, waiting longer may have a deleterious impact on the country. Indeed, ICTJ finds that it is time for concrete and meaningful steps to be taken to address the past as a contribution to reform and nation building.
Topic:
Elections, Transitional Justice, Accountability, and Truth and Reconciliation
Political Geography:
Europe, Caucasus, and Georgia

25. No Legacy for Transitional Justice Efforts Without Education

Author:
Elizabeth A. Cole
Publication Date:
03-2017
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
This paper explores a third, quite broad area of interaction between transitional justice and education—what is known in the transitional justice field as outreach. Given the complex challenges that transitional justice faces as a politically difficult process, practitioners must be aware of the limit to which education, especially formal education, can be a collaborator in transitional justice processes. They cannot afford to understand education merely as a tool, nor should their hopes for education as a solution to many of transitional justice’s outreach challenges be unrealistically high. Education as a fi eld has a distinct normative value and a social function that places it on par with, not subordinate to, transitional justice and similar projects to promote justice and human rights. It also faces constant challenges and limitations, particularly in many of the often resource-poor contexts where transitional justice works today. Only by recognizing these limitations can transitional justice assess and share the power of education for the goals it aims to achieve.
Topic:
Education, Reform, Transitional Justice, Institutions, Outreach, Truth and Reconciliation, and Youth Engagement
Political Geography:
Global Focus

26. Justice Mosaics: How Context Shapes Transitional Justice in Fractured Societies - Report

Author:
Roger Duthie
Publication Date:
05-2017
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
The contexts in which societies attempt to address legacies of massive human rights violations—by confronting impunity, seeking effective redress, and preventing recurrence—are integral to the concept of transitional justice. Such contexts can vary widely: they can include ongoing conflicts, post-authoritarian transitions, post-conflict transitions, and post-transitional periods. They can also differ in terms of institutional and political fragility as well as levels of economic and social development. Broad policy objectives in such contexts can range from rule-of-law promotion to conflict resolution, peacebuilding, vindication and protection of human rights, democratization, development, and social change. As the term suggests, however, the contexts in which societies undertake transitional justice processes are usually to some degree transitional. This is important because transitions create opportunities for addressing past injustice, while at the same time they retain continuities with the past that pose constraints or obstacles for doing so. The fact that context varies is important because the broader context affects the objectives of transitional justice efforts as well as the processes through which they develop, which in turn affect the specific responses that are most appropriate and feasible in each setting. Here processes refer to the different ways in which ideas and movements develop, promote, and coalesce in demands for accountability, acknowledgment, and reform in the aftermath of massive human rights violations.
Topic:
Reform, Criminal Justice, Institutions, Justice, Reparations, Gender, Truth and Reconciliation, and Youth Engagement
Political Geography:
Africa, Europe, Middle East, Asia, South America, and North Africa

27. Not Without Dignity: Views of Syrian Refugees in Lebanon on Displacement, Conditions of Return, and Coexistence

Author:
Rim El Gantri and Karim El Mufti
Publication Date:
06-2017
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
Armed conflict in Syria has displaced millions of people inside and outside of the country. When a political settlement to the conflict is eventually reached, the process of refugees returning to Syria and rebuilding their lives, relationships, and communities will be long and complex. However, discussions with displaced persons about return and coexistence can begin now, even in the face of ongoing violence and displacement. This research report is based on interviews with refugees living in Lebanon and representatives of local and international organizations in both Lebanon and Turkey working on issues related to Syrian displacement. The report provides an important window into the experiences of refugees in Lebanon as well as their concerns, expectations, and priorities regarding conditions of return and coexistence. The research findings highlight the harms experienced by Syrian refugees at both the individual and collective levels, including the loss of loved ones, houses, property, and businesses in Syria and difficult economic situations and discrimination in Lebanon. Displacement has had devastating impacts on families and led to broad social fragmentation, including sectarian and political divisions and rifts between those who left Syria and those who remained. The effects of conflict and displacement will be generational, as refugee children have been traumatized by their exposure to violence and largely deprived of education. The findings also capture common priorities among Syrian refugees in Lebanon for return. Most do want to return, not just to Syria but to the regions and communities where they previously lived. Common preconditions for return include safety and security; shelter, livelihoods, and the physical reconstruction of homes and infrastructure; compensation or restitution for the loss of property and housing; the provision of education for children and youth; psychosocial support; and family reunification. One positive development among refugees in Lebanon is that many youth engaged with local and international civil society organizations have acquired new skills and an openness to people with different religious and political beliefs that one day may contribute to rebuilding relationships in Syria. Views about the potential for coexistence and justice vary widely. Some refugees believe that Syrians will be ready to rebuild ties once the conflict ends, while others are less optimistic. Some believe that justice is necessary for return, while others think it unlikely to occur. The research makes it clear that the restoration of dignity will play an important role in establishing the necessary conditions for refugee return and coexistence. While return will ultimately depend on a political resolution to the Syrian conflict, several steps can be taken now that are likely to have implications for return and coexistence in the future.
Topic:
Refugees, Displacement, Criminal Justice, Syrian War, Truth and Reconciliation, and Youth Engagement
Political Geography:
Middle East, Lebanon, and Syria

28. The Place of Reconciliation in Transitional Justice

Author:
Paul Seils
Publication Date:
06-2017
Content Type:
Policy Brief
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
Reconciliation is a complex set of processes that involve building or rebuilding relationships, often in the aftermath of massive and widespread human rights violations. It can occur at the individual, interpersonal, socio-political, and institutional levels and be described as “thin” if it is based on coexistence with little or no trust, respect, and shared values, or “thick” if it is based on the restoration of dignity, reversing structural causes of marginalization and discrimination, and restoring victims to their position as rights bearers and citizens. Despite its complexity and contingency, reconciliation does occur in societies left fractured by conflict or repression, with transitional justice processes capable of contributing to it through their outcomes and processes of discourse and participation. Context is a critical factor shaping reconciliation processes and their aims: fragile settings may emphasize resilience; conflict settings may emphasize peaceful coexistence; and massive displacement settings may emphasize return and reintegration. Different types of reconciliation can occur to varying degrees, alone or in combination.
Topic:
Transitional Justice, Reconciliation, and Truth and Reconciliation
Political Geography:
Global Focus

29. Recommendations for Victim Reparations in Côte d’Ivoire

Author:
Cristian Correa and Didier Gbery
Publication Date:
08-2016
Content Type:
Policy Brief
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
After a consultation process that involved the active participation of victims, the National Commission for Reconciliation and Compensation for Victims (La Commission Nationale pour la Réconciliation et l’Indemnisation des Victimes des crises survenues en Côte d’Ivoire, CONARIV) made a series of recommendations on reparations and provided an initial list of victims to the government. Now the government must define a policy that is transparent and fair, based on those recommendations and victims’ input. ICTJ has been working with CONARIV, victims’ groups, and other government entities on reparations since 2012, providing technical assistance, encouraging a process of consultation and dialogue, and learning from victims about their needs and demands. This has included consultations with youth and victims from some of the most affected areas of the country. To help advance the process of defining a credible reparations policy for Côte d’Ivoire, this paper presents a series of proposals for the government and the general public. The aim is to advance discussions on the best strategy to address the rights of victims of serious human rights and international humanitarian law violations committed by the warring parties. Through these recommendations, ICTJ seeks to present the knowledge and experience it has gained over several years working in Côte d’Ivoire with government entities, civil society organizations, and victims’ groups that shared valuable insights on understanding the needs, priorities, and possible avenues for providing reparations. It is hoped that these proposals will help to define a reparations policy for Côte d’Ivoire that effectively addresses the consequences of violence that continue to impede the lives of victims.
Topic:
Reparations, Victims, and Truth and Reconciliation
Political Geography:
Africa and Côte d'Ivoire

30. When No One Calls It Rape: Addressing Sexual Violence Against Men and Boys

Author:
Amrita Kapur and Kelli Muddell
Publication Date:
12-2016
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
There is no doubt that the scope of the problem for male victims is large. The World Health Organization has identified sexual violence against men and boys as a significant problem that has been largely ignored by nongovernmental organizations, health care providers, government agencies, criminal justice authorities, and others. The violations can take many forms, including rape, gang rape, sexual slavery, enforced nudity, and being forced to perform sexual acts with others. Very commonly, sexual violence against men is committed in situations of detention. Studies have shown this pattern in contexts such as Chile, El Salvador, Libya, Sri Lanka, Syria, the United States, and the former Yugoslavia. Transitional justice mechanisms—including truth commissions, reparations programs, and criminal trials—are well placed to begin tackling some of these issues as part of efforts to address legacies of violence. Yet, although the problem has been addressed by some transitional justice efforts in certain countries, there is still wide variation and inconsistency in terms of the responses to these violations and attempts to involve male victims of sexual violence in these processes. The risk that male victims will remain invisible and left out of responses to sexual violence is significant, unless their rights and concerns are given a specific focus comparable to that now increasingly given to female victims. A number of factors contribute to the generally lackluster response by both state and nonstate actors involved in implementing transitional justice processes. One is the tendency to conflate sexual violence with violence against women and girls, which contributes to the perception that it is a women’s issue, thus limiting the responses available to victims falling outside of this group, including men and boys. This means that male victims’ experiences of sexual violence continue to be underreported, misunderstood, and mischaracterized in transitional justice processes. Another issue is under-reporting, which is particularly relevant for truth commissions as the statements they receive from victims not only inform their final reports, but also typically contribute to the creation of victim registries and the design of reparations programs, and even prosecutions. In many cases, male victims are reluctant to acknowledge the sexual nature of the violations committed against them. This can happen in order to avoid the social stigma attached to such acts or due to the fear of being perceived as weak, labeled homosexual, or being accused of having “wanted it.” Even in instances where men report acts of sexual violence, those receiving the reports rarely handle the report with the sensitivity and awareness they require. Medical practitioners, for example, may not be adequately trained to recognize, identify, or treat male victims or they may themselves accuse male victims of homosexuality or otherwise perpetuate social misconceptions about these crimes.
Topic:
Criminal Justice, Sexual Violence, Men, Reparations, Gender, Truth and Reconciliation, and Boys
Political Geography:
Africa, Europe, Middle East, Asia, South America, North Africa, and North America