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Tags: Transitional Justice

Reimagining Sustainable Peace in Tigray: A Transitional Justice Perspective

Reimagining Sustainable Peace in Tigray: A Transitional Justice Perspective Author: Markus Penda Mulandula Angula Published on 5 June 2023 According to Andrews, P. (2015), ‘transitional justice mechanisms are non-judicial bodies set up by governments after armed conflict or internal political violence. These mechanisms usually reflect the compromise reached between warring parties during negotiations to end […]

Ending impunity and seeking reconciliation in the Central African Republic: Role of Transitional Justice

The Central African Republic (CAR) has been suffering from long-lasting conflicts and is now required to establish the rule of law through Transitional Justice. Transitional justice is for the recovery of countries devastated by conflict. The United Nations describes Transitional Justice as ‘the full range of processes and mechanisms associated with a society’s attempt to come to terms with a legacy of large-scale past abuses.’ (United Nations General Assembly Human Rights Council, 2014) and it includes judicial and non-judicial mechanisms, such as the prosecution of perpetrators through national, international or a hybrid justice system, and the Truth and Reconciliation Commission. Then, what kind of efforts have been made to establish transitional justice in the CAR? Which system works well in the context of CAR’s complex conflicts?

Politics of Transitional Justice Mechanisms from Below: The Case of Somaliland

This paper will discuss how the design and discourse of transitional justice mechanisms- which include and take into account the views and needs of civil society and affected communities- boost the legitimacy of the transitional process and the prospects for reconciliation. This process could be described as the politics of transitional justice mechanisms from below. The paper will focus on the Somaliland situation as a case study.
The paper will explain both the Somaliland alternative dispute resolution (ADR) mechanism and transitional justice as well as analyze in detail how the indigenous ADR mechanism has been used as tool for political transitional justice during the reconciliation period.
Lessons learned from the Somaliland reconciliation process will be briefly explained and some critiques and pitfalls of transitional justice in Somaliland will be raised.
Finally, the paper will conclude with some recommendations and observations about the usefulness of the traditional and indigenous ADR systems as reference examples for political transitional justice in similar situations around the world.

Transitional Justice in Burundi: Expectations and ConcernsTransitional Justice in Burundi: Expectations and Concerns

Vital Nshimirimana discusses the transitional justice process as planned by the government of Burundi for 2012. He argues that issues including ongoing insecurity, human rights abuses, lack of dialogue and trust among social partners, as well as lack of rule of law will undermine the process.Vital Nshimirimana discusses the transitional justice process as planned by the government of Burundi for 2012. He argues that issues including ongoing insecurity, human rights abuses, lack of dialogue and trust among social partners, as well as lack of rule of law will undermine the process.

The Creation of the International Commission against Impunity in Guatemala: Miscalculation by a ‘Corporate Mafia State’?

This paper traces the development of the International Commission against Impunity in Guatemala (CICIG). A UN affiliated hybrid International-National quasi-judicial entity, CICIG was mandated to help investigate and prosecute organized crime groups in Guatemala and was heralded as an important step forward in the fight against impunity. This paper explores the often heard narrative that human rights groups successfully convinced first the Portillo administration and then the Berger government to agree to support CICIG, and analyzes alternative rationales. The paper suggests that the Portillo government sought to derive short term benefits from supporting the agreement but may have miscalculated in its assessment of long term risks. The Berger administration clearly derived benefits from the agreement, including the reinstatement of certain US military aid, as did the Colom administration. The paper also suggests that despite its mandate to strengthen national investigations and the judiciary system, some of CICIG’s greatest successes were achieved through public actions and the eventual resignation of the founding Commissioner Castresana. The paper concludes that even though CICIG’s institutional reform efforts have been piecemeal, they are significant nonetheless.

Transitional Justice in Burundi: Expectations and Concerns

Vital Nshimirimana discusses the transitional justice process as planned by the government of Burundi for 2012. He argues that issues including ongoing insecurity, human rights abuses, lack of dialogue and trust among social partners, as well as lack of rule of law will undermine the process.

Mediators Beyond Borders: Pathways to Peace and Reconciliation

In this timely article, Kenneth Cloke reflects on the potential of mediation to inspire conflict transformation and social development in times of interpersonal as well as international crisis.

Technical aspects of mediation are also discussed, as Cloke draws from his considerable experience in the field, offering practical and accessible advice for the promotion of cooperation and coexistence in our own lives and beyond all borders.