Tunamsifu, a comparative study of transitional justice in the republic of south africa and the democratic republic of the congo, ph. Charles manga fombad is a professor of law in the department of law, university of botswana. Transitional justice and reconciliation peace insight. Religion, reconciliation, and transitional justice. It is hoped that the publication of this panel of the wise report will broaden regional and international access to this. Since the establishment of the au, africa has established regional and continental mechanisms, instruments, and institutions that aim to resolve conflicts, ensure. The study on transitional justice and human and peoples rights in africa is the first concrete step taken by the achpr to elaborate a charterbased approach to tj and elucidate the role of the commission in tj processes and mechanisms on the. Jan 06, 2014 lessons from africas efforts at transitional justice leslie vinjamuri is an associate professor in international relations at the school of oriental and african studies, university of london.
Agenda 2063 is the blueprint and master plan for transforming africa into the global powerhouse of the future. Transitional justice has, therefore, evolved in relative isolation from important developments in economic, social and cultural rights. Western balkans and eu conditionality george kasapas 1 hellenic centre for european studies abstract. The case of south africa kwazulunatal region and the most violent period was from 1990 to 1994. He holds a licence en droit university of yaounde, ll. The eus policy framework on support to transitional justice. It is the strategic framework for delivering on africas goal for inclusive and sustainable development and is a concrete manifestation of the panafrican drive for unity, selfdetermination, freedom, progress and collective prosperity pursued under panafricanism and african. Thus began south africa s controversial experiment in transitional justice. How the au can promote transitional justice in south sudan.
Leadership and governance are very important aspects of living in any civilized society. Transitional justice is crucial for the promotion of human rights and justice, peace and security, good governance and development. 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 au has long been involved in the country, and is looking to scale up its support. The best way to determine different groups needs and positions is through thorough consultations and, ideally, public debate about different transitional justice options. Transitional justice is enacted at a point of political transition from violence. 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.
Each portrays an effort to address the past injustices of a civil war or some form of authoritarianism. In that sense, transitional justice is an ethical concept with moral values of human dignity. Transitional justice is enacted at a point of political transition from violence and repression to societal stability or at times. Evaluating transitional justice in south africa from a. Transitional justice and reconciliation reconciliation is generally understood to be the reestablishment of friendly relations, though it assumes different forms and roles in different contexts. First, it attempts to evaluate the different types of transitional justice retributiverestorativedistributive as a means of reconciliation in the. Enhancing the role of the african union in transitional justice in africa page 3 cape town consultation main outcomes.
While transitional justice should not be expected to solve complex conflicts, it provides tools that could help alleviate conflict arthur, 2009. Abstract transitional justice aims at once to restore victims dignity, build confidence. Between the fight against impunity and peace maintenance egeria nalin contents. Lamamra, african union commissioner for peace and security wane elghassim, head of. Hayner presents a balanced account of truth commissions and their. Pdf this edited volume examines the role of local civil society in shaping understandings and processes of transitional justice in africa a nursery. Peace, justice, and reconciliation in africa reliefweb. Transitional justice typically has three key elements. Following the arab spring uprisings in the middle east and north africa, many had high hopes not only for democratization but also for transitional justice to address the myriad abuses that had taken place in the region, both during the uprisings. Pdf transitional justice in the middle east and north. International journal of transitional justice oxford academic.
Transitional justice and economic, social and cultural rights designed and printed by the publishing service, united nations, geneva ge. Transitional justice is a crucial element for the promotion of human rights, justice, peace, good governance and development in africa. Denbel, transitional justice in the context of ethiopia, international letters of social and humanistic sciences, vol. However, similarly as the term human rights, tj in practice often has political dimensions. 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 in south africa facing history and. Transitional justice and sanctions eric sottas eric sottas is secretarygeneral of the world organization against torture omct, the main international coalition of nongovernmental organizations engaged in the fight against torture. International journal of transitional justice oxford. The basis for the eus framework on support to transitional justice human rights, democracy and rule of law lie at the heart of eu external action. It is however, imperative to note that leadership unfolds over time in different models, ideologies and approaches, by the different leaders. Transitional justice, judicial accountability and the rule of law hakeem o. Civil society in african transitional justicecomparing theory and practice. From 9 to 11 october 20, over 64 organisations representing a crosssection of transitional justice stakeholders, converged in johannesburg for a conference to interrogate the question of how to make zimbabwes national peace and reconciliation commission competent and effective. This study analyses the mechanisms of transitional justice in dealing with the legacies of past abuses committed in the drc.
Transitional justice in practice new tactics in human rights. Furthermore, while transitional justice is a core part of the reconciliation process, other components, such as security and development, are equally important. Transitional justice mechanisms may lack economic and human resources andor moral and political capital. It evaluates the challenges and possibilities for advocacy strategies used by transitional justice practitioners in south africa. Top of page hosted by michigan publishing, a division of the university of michigan library. Transitional justice in the middle east and north africa. 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. With that in mind, below are some factors that affect the utility of different transitional justice mechanisms. Pdf through a close reading of the case studies in this collected volume, which focus on local civil societys role in shaping transitional justice.
Ijtj publishes in the growing field of transitional justice. United states institute of peace transitional justice. Advocating transitional justice in africa springerlink. Neither independence nor the end of the cold war brought effective democratic change. Transitional justice consists of judicial and nonjudicial measures implemented in order to redress legacies of human rights abuses. University of london and a diploma in conflict resolution university of uppsala. The eus policy framework on support to transitional justice summary.
Only four percent of 8 selfamnesties are generally viewed as illegal under international law. Lessons from africas efforts at transitional justice leslie vinjamuri is an associate professor in international relations at the school of oriental and african studies, university of london. Evaluation of the african transitional justice research network. Reframing gender narratives through transitional justice in the maghreb doris h. It is the strategic framework for delivering on africa s goal for inclusive and sustainable development and is a concrete manifestation of the panafrican drive for unity, selfdetermination, freedom, progress and collective prosperity pursued under panafricanism and african renaissance. Indeed, the au panel of the wise acknowledges that since the early 1990s, africa has served as a vast testing ground for new policies to address impunity, seek truth and justice, and. At first, it referred to the judicial process of addressing human rights violations committed by. Pdf this edited volume examines the role of local civil society in shaping understandings and processes of transitional justice in africa a.
The permanent court of international justice held that. Justice and reconciliation in postapartheid south africa assesses the transitional processes under way since the early 1990s to create a. This gives connotation to the concept of transitional justice to ensure a smooth and meaningful change of power or leadership from one model or person to another. The case of south africas truth and reconciliation commission, journal of international affairs 52. First, it is commonly accepted that south africas criminal justice system is virtually dysfunctional.
Whatever combination is chosen must be in conformity with international legal standards and obligations. The study presents a comparative analysis of 12 country case studies in africa where transitional justice mechanisms have been implemented. Transitional justice initiatives interact in complex, unpredictable ways with other aspects of peace negotiations, peacebuilding or postauthoritarian transitions thoms et al. The comparative study of transitional justice in africa cstja seeks to enrich transitional justice policy and intervention strategy deliberations in africa. Transitional justice has been the focus of growing attention in recent years, including through the work of international and hybrid criminal jurisdictions, truth commissions, national courts. Tj transitional justice tjp transitional justice policy.
In addition, the report sought to provide a landscape of the national transitional justice initiatives that have been implemented on the continent. The report was adopted by the panel of the wise at its. This document forms part of the implementation of the eu action plan on human rights and democracy 2015 2019, which outlines in action 22 b the commitment to develop and implement an eu policy on transitional justice. This report examines the central role of local civil society in shaping transitional justice agendas in africa. Page 2 of 79 transitional justice processes in africa. 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. Transitional justice stanford encyclopedia of philosophy. For the united nations, transitional justice is the full range of processes. Others focus primarily on civil and political rights, but. African countries face a particular challenge when addressing their past. Lessons from africas efforts at transitional justice. Their appeal lies in their potential to resonate more with local populations and.
Evaluation of the african transitional justice research. The case of south africas truth and reconciliation commission. What does transitional justice look like in practice. Ictj works with local civil society to raise awareness of transitional justice mechanisms and. Africa as a continent with legacies of violence and human rights abuses requires that transitional justice processes expand to include colonialism as an essential period within its mandates in different countries, as colonialism was a violent act that cannot. Judicial actions, like trials for war crimes and crimes against humanity, are a key part of seeking justice. Transitional justice consists of both judicial and nonjudicial mechanisms, including prosecution initiatives, reparations, truthseeking, institutional reform, or a combination thereof. Martyrdom in north africa following the arab spring and the process of transitional justice. The term transitional justice tj was coined to describe the strategies adopted by latin american and eastern european governments in the late 1980s and early. Given its understanding of the context and the need for localised transitional justice solutions, the aus role as a facilitator can now be maximised. Transitional justice in afrika chapter pdf available. 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.
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