Transitional justice processes and victims in the diaspora. Transitional justice stanford encyclopedia of philosophy. The possibility of transitional justice postmugabe in. He holds a licence en droit university of yaounde, ll. Nevertheless, this paper compare the united nations ad hoc international criminal. The permanent court of international justice held that. Thank you for joining jasmina brankovic and sufiya bray of the centre for the study of violence and reconciliation csvr, galuh wandita and patrick burgess of the asia justice and rights ajar and the new tactics online community for this discussion on transitional justice in practice that took place on may 12 to may 23, 2014. What legal approaches do societies in transition adopt in responding to their legacies of repression. The study presents a comparative analysis of 12 country case studies in africa where transitional justice mechanisms have been implemented. However, much has been lacking and accountability for many issues has yet to be achieved. The truth and reconciliation commission trc was a courtlike restorative justice body assembled in south africa after the end of apartheid.
Transitional justice, culture, and society this volume is the sixth in the advancing transitional justice series, a joint project of the international center for transitional justice and the social science research council. We continue to support the south african coalition for transitional justice sactj, an umbrella body of organizations working to advance the rights of victims of past conflicts and to hold government accountable to its obligations. International journal of transitional justice oxford. Jan 06, 2014 lessons from africas efforts at transitional justice. Only four percent of 8 selfamnesties are generally viewed as illegal under international law. The uk noted that transitional justice mechanisms can support persecuted people and lay the foundations for peace.
Transitional justice tools are steadily becoming common in africa despite the opposition of african despots and their cronies. First, it attempts to evaluate the different types of transitional justice retributiverestorativedistributive as a means of reconciliation in the. Hayner presents a balanced account of truth commissions and their. In some cases, such as the interim constitution of south africa, transitional justice. This paper looks at higher education transformation in postapartheid south africa, and the extent to which transitional justice efforts have addressed the historical legacies of racial segregation in this sector. Rodrigo uprimny maria paula saffon this paper aims at answering the following question. Drawing upon an interdisciplinary synthesis of transitional justice and conflict transformation literatures, and addressing the different interventions adopted in the deeply divided societies of south africa and northern ireland, this book outlines an innovative framework that traces the complex linkages between identity, transitional justice. The case of the democratic republic of the congo by dr shirambere philippe tunamsifu abstract this study analyses the mechanisms of transitional justice in dealing with the legacies of past abuses committed in the drc.
Many victims fled from mugabe and his top leadership, including mnangagwa. Much scholarly writing on the international criminal court icc gives the impression that the court can function effectively as a primary transitional justice mechanism in africa, and that it should, indeed, be deployed more or less frequently, liberally and robustly as such. The aftermath of the truth and reconciliation commission in south africa and beyond explores the broader issues raised by political transition and transitional justice through the prism of the trc and transition in south africa. The juba talks between the government of uganda gou and the lords resistance army lra juxtapose local initiatives for justice and reconciliation. Witnesses who were identified as victims of gross human rights violations were invited to give statements about their experiences, and some were selected for public hearings. A transitional justice approach to past atrocities is faced, quite inevitably, with a number of conflicting priorities.
First, it is commonly accepted that south africas criminal justice system is virtually dysfunctional. Human rights, transitional justice, truth and reconciliation. Page 2 of 79 transitional justice processes in africa. Economic transitional justice in south africa may not succeed as long as economic power remains in the hands of the white minority. It finally makes policy recommendations on how the au can implement a successful transitional justice strategy in south sudan. The state of transitional justice in africa between wide application and deep contestation. By doing this it aims to improve the skills of african researchers, practitioners and civil society members to conduct effective. Information about the openaccess article transitional justice in south africa and brazil. Lessons from africas efforts at transitional justice. The elements of transitional justice the range of transitional justice methods includes individual prosecutions. The dilemmas of transitioning governments in africa are often similar to those faced in europe and south america. Human rights in africa transitional justice and human. How the au can promote transitional justice in south sudan.
Comparative study of transitional justice in africa. United states institute of peace transitional justice. Pdf twenty years after its transition, south africa continues to be considered a model of transitional justice. In the drc, ohchr implemented projects to strengthen victims access to justice. Each portrays an effort to address the past injustices of a civil war or some form of authoritarianism. Ijtj is seeking articles for its 2021 special issue, guest edited by jon d. The case of south africa introduction south africa s transition from an apartheid state to a democracy included a number of national processes meant to address the violent and painful past and to transform the country into a.
Evaluating transitional justice in south africa from a victim. The term transitional justice describes a set of approaches that communities can use to move toward a lasting peace. The aim of this study is to present the contexts of past abuses. How the au can promote transitional justice in south sudan introduction. The case of south africas truth and reconciliation commission, journal of international affairs 52. Evaluating transitional justice in south africa from a. South africa said that transitional justice processes must respond to the specific context of the country concerned. The note is informed by the guidance note of the secretarygeneral on united nations approach to rule of law assistance. For the united nations, transitional justice is the full range of processes.
However, within the current transitional justice discourse among civil society actors, the government and citizens, the notion of amnesty as part of the broad transition dialogue remains absent. The place for amnesty in zimbabwes transitional justice. Charles manga fombad is a professor of law in the department of law, university of botswana. The core value of transitional justice is the very notion of justicewhich does not necessarily mean.
Ictj works there to support victims rights and challenge impunity for perpetrators. Between principle and pragmatism in transitional justice. Between principle and pragmatism in transitional justice page 1 paper 156 november 2007 iss paper 156 november 2007 price. Of the more than 40 such commissions dealing with violence and abuses of human rights, south africas truth and reconciliation commission trc is perhaps the best known. The underlying theme of the paper is to evaluate the prons and cons of truthtelling and prosecution as forms of transitional justice in south africa and the balkans and the lessons to be learned therefrom. This study analyses the mechanisms of transitional justice in dealing with the legacies of past abuses committed in the drc. Since the 1970s, truth commissions have become one of the most widespread components of transitional justice. Permission must be received for subsequent distribution in print or electronically. Human rights and political transition in south africa.
In order to address this gap in policy and practice, we first need to have a clear understanding of the meaning of gender and sexual orientation and. Performing south africas truth commission indiana, forthcoming. It was the south african truth and reconciliation commission that created a new global standard that served as a symbol that post. Jeremy sarkin, university of the western cape, south africa as the most comprehensive analysis of truth commissions to date, this book is essential for anyone interested in these bodies or in transitional justice more generally. Transitional justice is necessary so that the sdgs do not leave behind communities in countries that have experienced massive rights violations. Truth and reconciliation commission south africa wikipedia. The case of south africa find, read and cite all the research.
Evaluation of the african transitional justice research network. Introducing a gendered approach to reconciliation the concept of transitional justice has been associated with the periods of political change when a country emerges from a war or turmoil and attempts to address the wrongdoings of the past. Religion, reconciliation, and transitional justice. This chapter is a comparative analysis of two contrasting transitional justice processes in nigeria and south africa. Even with its limited financial reparations, south africa had an evenhanded application of justice during the trc process and thus was able to. Tribunal for the former yugoslavia icty with the south african truth and. Transitional justice and the international criminal court. While transitional justice includes criminal accountability, it is undergirded by a broader understanding of justice that takes into account a range of victim needs and societal priorities. Transitional justice usip press, 2009, truth and reconciliation in south africa university of pennsylvania press. Transitional justice, judicial accountability and the rule of law hakeem o. While the latters transition from apartheid is lauded as a success story, the formers transition from military rule was less successful. South africas experience confronting the legacies of apartheid has played a significant role in the development of the transitional justice field.
Transitional justice typically has three key elements. The case of south africa kwazulunatal region and the most violent period was from 1990 to 1994. Information handbook september 2008 introduction the tasks of promoting justice, compensation, and reconciliation after conflict are challenging and can take many years to achieve. This edited volume examines the role of local civil society in shaping understandings and processes of transitional justice in africa a nursery of transitional justice. In 1995, south africa established the truth and reconciliation commission trc to address abuses committed during the apartheid era.
International criminal court as a transitional justice. Transitional justice, restorative justice and reconciliation. Although amnesties are not considered to be part and parcel of transitional justice, they may certainly intersect with its mechanisms, as will be explained in more detail below. This edited volume examines the role of local civil society in shaping understandings and processes of transitional justice in africa a nursery of transitional justice ideas for well over two. The case of south africa introduction south africa s transition from an apartheid state to a democracy included a number of national processes meant to address the violent and painful past and to transform the country into a stable and peaceful state. The aftermath of the truth and reconciliation commission in south africa and beyond paul gready 2010 the dynamics of transitional justice lia kent 2012 gender politics in transitional justice catherine orourke 20. Transitional justice and human rights in africa1 charles villavicencio introduction africa stands at the cutting edge of the international debate on transitional justice. Jun, 2016 the comparative study of transitional justice in africa cstja seeks to enrich transitional justice policy and intervention strategy deliberations in africa. For instance, ohchr assisted in holding consultations with survivors of sexual and genderbased violence in the drc, nepal, uganda and kosovo.
Key principles for children and transitional justice, presented here as an outcome document to that conference. The term transitional justice has come, in recent years, to designate a field of academic inquiry, as well as political practice, concerned with the aftermath of conflict and largescale human rights abuses. What is the significance of these legal responses or choices for these societies. Top of page hosted by michigan publishing, a division of the university of michigan library. The case of the democratic republic of the congo by dr shirambere philippe tunamsifu abstract this study analyses the mechanisms of transitional justice in dealing with the legacies of past. Building sustainable peace in south sudan will require a careful balance between reestablishing the rule of law, redressing gross human rights. Transitional justice by stephina modiegi motlhoki submitted in accordance with the requirements for the degree of master of arts in the subject of politics at the university of south africa promoter. Western balkans and eu conditionality george kasapas 1 hellenic centre for european studies abstract. Evaluating transitional justice in south africa from a victims perspective. Commissioner solomon a dersso, african commission on human and peoples rights introduction a very good morning to you all, distinguished participants and organizers of this inaugural continental. The african transitional justice research network atjrn seeks to increase the capacity of local level researchers in african countries engaged in transitional justice processes. Providing detailed information on south africa s transitional justice process, this article calls for a look not only at the agenda and impact of the truth and reconciliation commission but also. By that stage, more than a dozen countriesconcentrated in latin americahad opted for this approach in the wake of transitions from periods of nondemocratic rule, war and civil conflict.
Transitional justice in practice new tactics in human rights. Overcoming intractability analyses how the mechanisms of transitional justice have a part to play in promoting reconciliation and sustainable peace in transitional societies. Transitional justice in south africa what legal approaches do societies in transition adopt in responding to their legacies of repression. This special issue will look at how hlp injustices and the responses to them both historical and recent shape transitional justice claims, interventions and conceptual debates. For example nazi germany, stalinist ussr and apartheid south africa ruled by law. Director of the south africa office of the international center for. Transitional justice tj is a field that came into great vogue in the mid1990s, after two key developments in the postsoviet world. This work is protected by and may be linked to without seeking permission. University of london and a diploma in conflict resolution university of uppsala. Peace, justice, and reconciliation in africa opportunities and challenges in the fight against impunity report of the au panel of the wise the african union series. Western balkans and eu conditionality george kasapas 1. Transitional justice in south africa facing history and. Much scholarly writing on the international criminal court icc gives the impression that the court can function effectively as a primary transitional justice mechanism in africa, and that it should, indeed, be deployed more or.
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