Carrying Forward the Legacy of the EAC in the Habré
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Truth Commissions and War Crimes Tribunals
Democracy and Deep-Rooted Conflict: Options for Negotiators 4.10 Reckoning for Past Wrongs: Truth Michael Lund Commissions and War Crimes Tribunals 4.10 Reckoning for Past Wrongs: Truth Commissions and War Crimes Tribunals As discussed in the previous section, when communities have been victimized by the government or by another group during a conflict, underlying feelings of resentment and the desire for revenge cannot be alleviated unless the group is allowed to mourn the tragedy and senses that wrongs have been acknowledged, if not entirely vindicated. In an environment where there is no acknowledgement of or accountability for past violent events, tensions among former disputants persist. Hence, confronting and reckoning with the past is vital to the transition from conflict to democracy. This section addresses two mechanisms to achieve this accounting: truth commissions and war-crime tribunals. 4.10.1–4.10.4 Truth commissions: description, tasks, strengths, limitations and organization 4.10.5–4.10.8 War crimes tribunals: description, tasks, strengths, limitations, and organization 4.10.9 Conclusion Box 11 Examples of Truth Commissions (p. 283) Factsheet 3 Designing a Truth Commission (pp. 287–288) Box 12 Examples of War Crimes Tribunals (p. 289) Factsheet 4 Designing a War Crimes Tribunal (pp. 295–296) During protracted periods of authoritarian rule and violent conflict, support for democratic mechanisms and the rule of law can atrophy. It is important to rebuild confidence in democra- tic government and eliminate such practices as political killings and ethnic cleansing in order to facilitate the transition to a civil society. The transformation can also be hindered by lingering feelings of injustice and mistrust on the part of the population against the government and other ethnic groups. -
Have Truth and Reconciliation Commissions Helped Remediate Human Rights Violations Against Women? an Analysis of the Past and Formula for the Future
Boston University School of Law Scholarly Commons at Boston University School of Law Faculty Scholarship 2011 Have Truth and Reconciliation Commissions Helped Remediate Human Rights Violations Against Women? An Analysis of the Past and Formula for the Future Peggy Maisel Boston University School of Law Follow this and additional works at: https://scholarship.law.bu.edu/faculty_scholarship Part of the Human Rights Law Commons Recommended Citation Peggy Maisel, Have Truth and Reconciliation Commissions Helped Remediate Human Rights Violations Against Women? An Analysis of the Past and Formula for the Future, 20 Cardozo Journal of International & Comparative Law 143 (2011). Available at: https://scholarship.law.bu.edu/faculty_scholarship/526 This Article is brought to you for free and open access by Scholarly Commons at Boston University School of Law. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Scholarly Commons at Boston University School of Law. For more information, please contact [email protected]. Have Truth and Reconciliation Commissions Helped Remediate Human Rights Violations Against Women? A Feminist Analysis of the Past and Formula for the Future By Margaret (Peggy) Maisel FIU Legal Studies Research Paper Series Research Paper No.12-05 March 2012 This paper can be downloaded without charge from the Social Science Research Network electronic library at: http://ssrn.com/abstract=2031181 Electronic copy available at: http://ssrn.com/abstract=2031181 HAVE TRUTH AND RECONCILIATION COMMISSIONS HELPED REMEDIATE HUMAN RIGHTS VIOLATIONS AGAINST WOMEN? A FEMINIST ANALYSIS OF THE PAST AND FORMULA FOR THE FUTURE Margaret (Peggy) Maisel* TABLE OF CONTENTS I. INTRODUCT ION .. -
The Sierra Leone Truth and Reconciliation Commission Revisited
DISCUSSION PA P E R 3 6 Does One Size Fit All? The Sierra Leone Truth and Reconciliation Commission Revisited AMADU SESAY Nordiska Afrikainstitutet, Uppsala 2007 The research for this work was funded by a grant from Nordiska Afrikainstitutet. Field work was done in in Freetown, Sierra Leone, in early January 2006. Indexing terms: Civil war Conflicts Violence Reconciliation Post-conflict reconstruction Peace building Truth and Reconciliation Commission Sierra Leone The opinions expressed in this volume are those of the author and do not necessarily reflect the views of Nordiska Afrikainstitutet Language editing: Elaine Almén ISSN 1104-8417 ISBN printed version 978-91-7106-586-5 ISBN electronic version 978-91-7106-562-9 © The author and Nordiska Afrikainstitutet 2007 Printed in Sweden by Elanders Gotab AB, Stockholm 2007 Contents 1. Introduction .................................................................................................5 2. Objectives of the study .................................................................................6 3. Scope of the study ........................................................................................7 4. Methodology................................................................................................ 8 5. Civil war and paradise lost ........................................................................... 8 6. TRCs and post conflict reconciliation: A synoptic review of the literature ..............................................................13 7. The Sierra Leone -
Truth Commissions and Reparations: a Framework for Post- Conflict Justice in Argentina, Chile Guatemala, and Peru
University of Pennsylvania ScholarlyCommons Honors Theses (PPE) Philosophy, Politics and Economics 5-2021 Truth Commissions and Reparations: A Framework for Post- Conflict Justice in Argentina, Chile Guatemala, and Peru Anthony Chen Student Follow this and additional works at: https://repository.upenn.edu/ppe_honors Part of the Comparative and Foreign Law Commons, Comparative Politics Commons, Human Rights Law Commons, International Law Commons, International Relations Commons, Latin American History Commons, Latin American Studies Commons, Law and Philosophy Commons, Law and Politics Commons, Models and Methods Commons, Other Political Science Commons, Political History Commons, and the Political Theory Commons Chen, Anthony, "Truth Commissions and Reparations: A Framework for Post-Conflict Justice in Argentina, Chile Guatemala, and Peru" (2021). Honors Theses (PPE). Paper 43. This paper is posted at ScholarlyCommons. https://repository.upenn.edu/ppe_honors/43 For more information, please contact [email protected]. Truth Commissions and Reparations: A Framework for Post-Conflict Justice in Argentina, Chile Guatemala, and Peru Abstract This paper seeks to gauge the effectiveness of truth commissions and their links to creating material reparations programs through two central questions. First, are truth commissions an effective way to achieve justice after periods of conflict marked by mass or systemic human rights abuses by the government or guerilla groups? Second, do truth commissions provide a pathway to material reparations programs for victims of these abuses? It will outline the conceptual basis behind truth commissions, material reparations, and transitional justice. It will then engage in case studies and a comparative analysis of truth commissions and material reparations programs in four countries: Argentina, Chile, Guatemala, and Peru. -
Chad: the Victims of Hissène Habré Still Awaiting Justice
Human Rights Watch July 2005 Vol. 17, No. 10(A) Chad: The Victims of Hissène Habré Still Awaiting Justice Summary......................................................................................................................................... 1 Principal Recommendations to the Chadian Government..................................................... 2 Historical Background.................................................................................................................. 3 The War against Libya and Internal Conflicts in Chad....................................................... 3 The Regime of Hissène Habré................................................................................................ 4 The Documentation and Security Directorate (DDS) ........................................................ 5 The Crimes of Hissène Habré’s Regime ............................................................................... 8 The Fall of Hissène Habré and the Truth Commission’s Report ................................... 14 The Chadian Association of Victims of Political Repression and Crime....................... 16 Victim Rehabilitation.............................................................................................................. 17 The Prosecution of Hissène Habré...................................................................................... 18 The Victims of Hissène Habré Still Awaiting Justice in Chad .............................................22 Hissène Habré’s Accomplices Still in Positions -
Truth Commissions, Transitional Justice, and Civil Society
TRUTH COMMISSIONS, TRANSITIONAL JUSTICE, AND CIVIL SOCIETY David A. Crocker (Forthcoming in Robert I. Rotberg and Dennis Thompson, eds. Truth v. Justice: The Moral Efficacy of Truth Commissions: South Africa and Beyond (Princeton, NJ: Princeton University Press) Many societies seeking a just transition from authoritarian regimes or civil wars to democracy have employed official truth commissions to investigate systematic violations of internationally recognized human rights.1 These abuses – which include extrajudicial killing, genocide, disappearance, rape, torture, and severe ill treatment – may have been committed by a previous government against its own citizens (or those of other countries), by its opponents, or by combatants in a civil or international armed conflict. Recently utilized in South Africa and Guatemala, such investigative bodies have been employed in at least 20 countries and are being considered for such nations as Bosnia, Cambodia, Indonesia, and Kenya. Truth commissions can contribute to achieving many important goals in societies during the transition to democracy. But, as we shall see, they must be supplemented by other measures and institutions, such as trials and judicial punishment. This paper will first clarify eight goals for reckoning with past wrongs and, in the light of this framework, assess the strengths and weaknesses of official investigatory bodies. Second, the paper shows that a nation's civil society – especially when it practices public deliberation or deliberative democracy – is often indispensable to the success of truth commissions and, more generally, to reckoning with past wrongs. Third, the essay contends that international civil society may play a useful role in advancing the goals of national truth commissions and transitional justice. -
Palestinian Reconciliation and the Potential of Transitional Justice
Brookings Doha Center Analysis Paper Number 25, March 2019 Palestinian Reconciliation and the Potential of Transitional Justice Mia Swart PALESTINIAN RECONCILIATION AND THE POTENTIAL OF TRANSITIONAL JUSTICE Mia Swart The Brookings Institution is a nonprofit organization devoted to independent research and policy solutions. Its mission is to conduct high-quality, independent research and, based on that research, to provide innovative, practical recommendations for policymakers and the public. The conclusions and recommendations of any Brookings publication are solely those of its author(s), and do not reflect the views of the Institution, its management, or its other scholars. Brookings recognizes that the value it provides to any supporter is in its absolute commitment to quality, independence and impact. Activities supported by its donors reflect this commitment and the analysis and recommendations are not determined by any donation. Copyright © 2019 Brookings Institution THE BROOKINGS INSTITUTION 1775 Massachusetts Avenue, N.W. Washington, D.C. 20036 U.S.A. www.brookings.edu BROOKINGS DOHA CENTER Saha 43, Building 63, West Bay, Doha, Qatar www.brookings.edu/doha Table of Contents I. Executive Summary .................................................................................................1 II. Introduction ..........................................................................................................3 III. Background on the Rift Between Fatah and Hamas ...............................................7 IV. The Concept -
Truth Commission Assessment
Brahm Getting to the Bottom of Truth: Examining Truth Commission Success and Impact By Eric Brahm PhD Candidate Department of Political Science University of Colorado at Boulder [email protected] Paper prepared for presentation at the International Studies Association Annual Meeting, Honolulu, Hawaii, March 1-5, 2005. Abstract: In light of their growing popularity, truth commissions are overdue for evaluation. More than simply judging them based on whether they complete their work, what is ultimately of interest is their broader social effects. A whole range of uses have been put forward for truth commissions, but there is little consensus on what criteria might be used to assess them. Yet, despite these wide-ranging claims, the evidence for them is often spotty. The issue is compounded by a growing chorus of critics that see truth commissions as ineffectual or even dangerous. This paper isolates a few such purposes often articulated by supporters: first examining the implementation record and then the consequences for democratization, human rights, and trust: and suggests how existing data might help us begin to answer this question without having to wait for better data collection in future cases. In addition, I address the problem of distinguishing truth commission impact from other factors given the fact that they are relatively limited institutions. From there, I suggest some important sources of truth commission variation that are likely significant in shaping outcomes. Introduction Truth commissions1 have enjoyed a meteoric rise over the past 15 years amongst many human rights advocates and academics interested in the pursuit of justice in the 1 Truth commissions are understood here to be “bodies set up to investigate a past history of violations of human rights in a particular country – which can include violations by the military or other government forces or armed opposition forces” (Hayner, 1994: 558). -
Truth and Reconciliation Commission
Click image for full publication Chapter 2 2 What Are Truth Commissions? Explab“A Truth idi and nonserum Reconciliation faccat.Isimet Commission dollupit, shall as utbe etestablished lab iumquiato address doluptatus impunity, et break exeritaspis the cycle vollam of violence, et estNatibusda provide a nis maioreiumeforum for both deligente the victims cupide and perpetrators of human rights violations to tell their story, get a clear picture of the past in order to facilitate genuineFuga. Ihicien healing dantibus modis and endebisreconciliation.” doluptaecus ut et lab iumquia doluptatus et exeritaspis vollam et Peace Agreement Between the Government of Sierra Leone and the Revolutionary United Front, Article VI(2), 1999 What Are Truth Commissions? Truth commissions are offi cial, nonjudicial bodies of a limited duration established to determine the facts, causes, and consequences of past human rights violations.22 By giving special attention to testimonies, they provide victims with recognition, often after prolonged periods of social stigmatization and skepticism. Truth commis- sions can contribute to prosecutions and reparations through their fi ndings and recommendations, assist divided societies to overcome a culture of silence and distrust, and help to identify institutional reforms needed to prevent new violations. Truth commissions are most eff ective when integrated in a comprehensive transitional justice strategy that includes reparation policies, criminal prosecutions, and institutional reforms. By delivering clear fi ndings and compelling recommendations, commissions can enrich policy and create political and moral momentum for these initiatives. Objectives of Truth Commissions Th e objectives of a truth commissions are outlined in the legal instrument that established it, often a law or some form of executive decree. -
Truth Commissions in Guatemala and Peru: Perpetual Impunity and Transitional Justice Compared Joanna Crandall
Peace, Conflict and Development – Issue Four, April 2004 ISSN: 1742-0601 Truth Commissions In Guatemala And Peru: Perpetual Impunity And Transitional Justice Compared Joanna Crandall 1 Peace, Conflict and Development – Issue Four, April 2004 ISSN: 1742-0601 Truth Commissions In Guatemala And Peru: Perpetual Impunity And Transitional Justice Compared Introduction Truth commissions are popular mechanisms for assisting post-conflict countries in the transition from violent and divided histories toward democratic and reconciled futures. In the past, the options for addressing gross human rights violations were limited to criminal trials, and in practice, almost no individual trials for human rights violations have proceeded. In such a climate, it would seem that truth commissions offer an acceptable and necessary alternative to leaving the pact of silence and impunity sealed. Advocates of truth commissions view prosecutions of past human rights violations as an inherently flawed method of confronting the past and reconciling a traumatized nation. They argue that trials are expensive, timely and do not achieve the overall analysis that truth commissions accomplish. Moreover, trials are intrinsically focused on the individual perpetrator, whereas conventional truth commissions centre on the victims’ perspective.1 Truth commissions come in varied forms and structures however, at a minimum they all seek to clarify the ‘truth’, and thereby prevent the violence from being repeated. Discussions abound regarding the inherent value in knowing the truth, and that this is a necessary and basic step toward healing the wounds of the past and setting a nation on the path towards justice and reconciliation.2 Through the truth-seeking and investigative phase of a commission, formerly repressed victims of grave human rights violations and other atrocities are finally given the opportunity to be heard. -
Truth Commissions and Their Contributions to Atrocity Prevention
Truth Commissions and Their Contributions to Atrocity Prevention March 2020 This research was made possible thanks to a grant from the United Kingdom’s Department for International Development. Contents Introduction - 03 What Are Truth Commissions? - 05 Measuring Prevention - 07 Prior Research - 08 Research Methods - 09 Findings - 12 Guiding Principles - 23 Research Team & Special Thanks - 28 List of Truth Commissions - 29 Notes - 31 Works Cited - 33 2 Introduction Transitional Justice as a concept and as a set of multi-stage process. Upstream or primary pre- practices emerged most directly out of the fall vention describes the tools stakeholders can of military dictatorships in Latin America in the use before mass killing breaks out in order to 1980s and the collapse of communism in Cen- prevent it from ever happening. Typically, this tral and Eastern Europe in the late 1980s and stage of prevention involves the assessment of early 1990s. Broadly speaking, transitional jus- risk in any given society and subsequent tice refers to the full set of measures—both ju- measures to mitigate those risks so that mass ridical and non-juridical—that respond to a peri- atrocity does not occur. Midstream or second- od of systematic human rights abuses.1 As tran- ary prevention describes the political, legal, sitional justice has developed and normalized economic, and military response tools actors over the last several decades, it has increasingly can use in the midst of atrocity to bring it to an been linked by practitioners and policymakers end. -
Essential Archives for a Peaceful Future
Archives for a Essential Peaceful Future 01/2013 Sandra Rubli Briony Jones Imprint Table of content Publisher Archives for a Peaceful Future swisspeace is an action-oriented peace research institute A Guidance Note for Working with the with headquarters in Bern, Switzerland. It aims to prevent Archives of Truth Commissions in Dealing the outbreak of violent conflicts and to enable sustainable with the Past Contexts conflict transformation. swisspeace is an Associated Institute of the University of 1 Introduction 5 Basel and a member of the Swiss Academy of Humanities and Social Sciences (SAGW). 2 Records management and long-term preservation of truth commissions’ archives 8 The Dealing with the Past Program The Dealing with the Past Program of swisspeace 3 Access to archives of a truth commission 14 supports governmental and non-governmental actors in 4 Further use of truth commissions’ archives 18 the design, implementation, monitoring and evaluation of DwP activities. The program provides a wide range of 5 Ways forward 25 training opportunities including introductory courses and Annex: Methods and results of the research courses on more specific aspects of Dealing with the Past and contributes to the research-policy nexus at project 27 swisspeace through its research projects, research About the Authors 31 events, conferences, publications and teaching. About swisspeace 32 Essential series With its Essential series, swisspeace offers expert advice and guidance for practioners on various topics of civilian peacebuilding. A full publication list can be found at the end of this paper or on www.swisspeace.org. Cover picture Archives of the Truth and Reconciliation Commission (TRC) in Sierra Leone.