ICTJFacing the Past to Prevent Future Abuses An annual report magazine 2006/2007 An annual report

the issue Challenging Legacies of Impunity

International Center for ICTJFacing the Past to Prevent Future Abuses

 International Center for Transitional Justice ANNUAL REPORT MAGAZINE 2006 / 2007

Interactive Table of Contents Please click on the sections and page numbers below.

Front Cover Asia Issue ICTJ Spotlight Core Principals Asia Regional Overview 8 Our Presence 28 Mission Statement From the President 1 Asia Profile The ICTJ’s Engagement 30 Editors’ Note and 2 Khin Maung Shwe 9 with the UN and the EU Table of Contents Preparing Burma for Transition The Importance of 30 Essay Asia Visual Essay Communicating Justice Linking Peace and Justice 3 Cambodia 10 Indonesia /Timor-Leste 11 Interview Nepal 12 Staff Publications, Books, Awards 32 Alex Boraine 4 Financials 34 A Holistic Approach to TJ Asia Feature Supporters 36 Indonesia / Timor-Leste 14 Board of Directors 37 Conversation The Price of Denial Staff 38 Pablo de Greiff 6 How the ICTJ’s Research Last Word Unit Informs the Field ICTJ Productions Brings 40 Regional Overview 18 Transitional Justice to Americas Regional Overview 19 the Big Screen Middle East and North Africa 20 (MENA) Regional Overview Regional Directors 41 Regional Overview 21 Back Cover / Offices

Feature Prosecuting Heads of State: 22 Holding Leaders Accountable

The ICTJ Prosecutions Team: 23 Restoring the Rule of Law

Feature Security System Reform 24 How Security System Reform Can Prevent Future Abuses

Feature Lessons from South Africa 26 A Reflection

 ICTJ core principles ICTJ Mission Statement

The core principles of the ICTJ are reflected The International Center for Transitional in the following five operational guidelines: Justice (ICTJ) assists countries pursuing accountability for past mass atrocity or Prioritize the interests and perspectives of human rights abuse. The Center works in victims and survivors. The Center will always societies emerging from repressive rule or assess and respect the interests of victims, armed conflict, as well as in established often working closely with victims’ organi- democracies where historical injustices zations and human rights advocacy groups. or systemic abuse remains unresolved.

Promote compliance with international In order to promote justice, peace, and obligations. The Center will promote reconciliation, government officials and understanding and acceptance of the nongovernmental advocates are likely to obligations of states in responding to rights consider a variety of transitional justice violations, especially of those established approaches, including both judicial and in international law. nonjudicial responses to human rights crimes. The ICTJ assists in the development Shape policy and advice based on a of integrated, comprehensive, and localized rigorous analysis of the national and approaches to transitional justice compris- international context and circumstances. ing five key elements: prosecuting perpe- The Center will undertake each assign- trators, documenting and acknowledging ment with a focused assessment of local violations through nonjudicial means such conditions and relevant international as truth commissions, reforming abusive in- circumstances, rather than approaching stitutions, providing reparations to victims, its work with prior blueprints or rigid and facilitating reconciliation processes. guidelines that predetermine options. The Center is committed to building local Promote local involvement and capacity and generally strengthening empowerment. The Center will prioritize the emerging field of transitional justice, the training and empowerment of local and works closely with organizations and actors so that skills and expertise are experts around the world to do so. By work- transferred to nationals. The Center will ing in the field through local languages, always involve local actors in policy devel- the ICTJ provides comparative information, opment so that initiatives are shaped and legal and policy analysis, documentation, ultimately decided by nationals. and strategic research to justice and truth- seeking institutions, nongovernmental Support and facilitate the work of organizations, governments, and others. organizations and individuals in the transitional justice field. The Center will aim to facilitate communication, net- working, and collaboration among those working in the transitional justice field.

Cover: Pandur, Nepal, March 2007. Rachya Bahadur Gurung, a witness of his country’s transition, stands in the mountainous landscape near his home. Photo by Paula Bronstein/Getty Images.

This page: Rukum District, Nepal, April 2004. Dilmaya holds her daughter, Bissnu, inside her home in Gipu village. Her husband, a former Communist Party member, has been missing since being kidnapped 13 days earlier because he quit the party. Photo by Ami Vitale/Getty Images. From the President

Dear Friends,

The period covered in this report has been a particularly exciting one for our institution. A growing need for our assistance in the field, the cross-border dimensions of our endeavors, and the importance of establishing the “pillars” of transitional justice in universal thematic approaches have presented us with significant strategic challenges. In response, we have embarked on a process of regionalization and decentralization of our country-based programs. In an effort to maintain a constant presence in the areas in which we work, we have launched offices in Bogotá, Dili, Jakarta, and Kathmandu, adding to our already established offices in New York, Brussels, Cape Town, Geneva, Kinshasa, and Monrovia. To meet the increasing demand for our expertise around the world, under the leadership of our Board of Directors and our expand- ing donor community, we have grown from an original staff of three to a team of more than 100 staff working throughout the Americas, Africa, Asia, Europe, and the Middle East. In addition, we have hired a team of experienced regional directors to guide our offices around the world. I am pleased to direct your attention to the inside back cover to learn about the prodigious collective experience on human rights and justice accumulated by our new regional directors: Mariclaire Acosta, Suliman Baldo, Patrick Burgess, and Dick Oosting, who join MENA Director Hanny Megally. As a result of these exciting new hires, our strategies and projects are now more grounded in local realities and more strategically engaged with partners and stakeholders; our Juan E. Méndez impact is thus enriched. While regionally shifting our focus, we simultaneously organized our global staff of profes- sionals in thematic teams that contribute specific expertise on each of the transitional justice mechanisms, to ensure that the universality of our principles combines effectively and holistical- ly with the necessary adaptation of strategies to realities on the ground. We have, in fact, formed thematic teams equipped to address prosecutions, truth-seeking, reparations, security systems reform, memorials and museums, gender, and peace and justice. We continue to cultivate relationships with a growing number of transitional justice practitioners and members of the informed public through conferences, fellowships, and trainings, as well as increasing engagement with members of the press. In early 2007 the Center launched a two-year, multinational media training initiative called Communicating Justice in conjunction with the BBC World Service Trust, to bring visibility to and coverage of transitional justice issues in the very countries where transitions take place. Another important innovation is our ability to incorporate the victims’ demands for justice in the context of peace negotiations. Through our thematic program on peace and justice, we organize and generate conversations on this difficult dilemma among human rights activists, conflict resolution specialists, and humanitarian organizations; we also apply these principles in specific peace processes such as the talks in Juba to end the conflict in northern Uganda. Transi- tional justice holds the key to effective post-conflict reconstruction, but it can also offer practical suggestions for peace arrangements that bear the promise of being durable precisely because they harmonize the interests of peace and the interests of justice. This report focuses on Asia, as our presence there expands, deepens our relationship with civil society, and bolsters political will to address the past. In Asia, transitions from conflict to peace are often contested or incomplete, creating a growing desire for transitional justice, which is supported by an emerging generation of human rights activists working to persuade govern- ments to examine the past and take action to ensure that human rights abuses are not repeated. This report highlights important challenges that activists, governments, and civil society in the region face, such as preparing for transition in Burma, working toward accountability in Timor- Leste, and confronting a shroud of denial in Indonesia. Undeniably, the ICTJ has had a resounding impact on the field of human rights since its inception in 2001. I am proud to present you with this report, which vividly highlights our most notable and recent contributions to the field of transitional justice.

Juan E. Méndez President

President’s Letter  Producing this Annual Report has been the readers, supporters, and partners—engage more Editors’ Note central task of the ICTJ’s Communications intimately with the very essence of how, where, Department in recent months, although by no and why the Center does what it does. To flesh means the only one. Along with launching a out our highly specialized work, we’ve decided to new Web site, redesigning our newsletter, and stray from the more prosaic approach of years past raising the Center’s profile through numerous and replace it with unique pieces that present the new collaborations with journalists throughout breadth of our work. the world, we have also faced the challenge of keeping pace with the institution’s global and Through interviews, essays, analyses, and power- substantive expansions. ful photography, this report captures some of the most thought-provoking aspects of transitional This report is a deliberate departure from past justice, while also showing the human faces behind incarnations. After much discussion about everything we do. substantive necessity and desired visual impact, we have created a magazine-style piece, hoping All the best, that a more dynamic format will help you—our ICTJ Communications contents Annual Report 2006-2007 21 19

20 Europe Americas

8 MENA

ictj regional overviews 18 Asia Africa

ictj features and spotlights

The Price Prosecuting Security 14 of Denial 22 Heads of State 24 System Reform

The ICTJ’s Engagement Lessons from Our with the UN 26 South Africa 28 Presence 30 and the EU

The Importance of 30 Communicating Justice

Also President’s Letter  How the ICTJ’s Research 6 Asia Visual Essay 0 Board of Directors 7 Linking Peace and Justice  Unit Informs the Field Publications 32 All of Us 38 A Holistic Approach to TJ 4 Preparing Burma 9 Financials 34 Last Word 40 for Transition Supporters 36 Our Regional Directors 41

 Editors’ Note / Table of Contents Linking Peace and Justice

The imperatives of peace and justice are often juxtaposed, as if they pose a choice between two mutually exclusive options. As the ICTJ increasingly works in contexts with varying degrees of conflict or tran- essay sition, we are sometimes confronted by the notion that justice must either wait or be sacrificed entirely for peace.

An Essay

The Center’s work has affirmed that both peace NORTHERN UGANDA and justice may be pursued simultaneously, including in countries where a transition may Over the past two years, ongoing peace talks and not have occurred yet or where conditions attempts to resolve the conflict in northern Uganda, remain precarious. coupled with the International Criminal Court’s (ICC) pursuit of top Lord’s Resistance Army (LRA) leaders, The growing demand for our involvement at have made it a pivotal case study of the tensions be- various stages of a peace process has expanded tween justice and peace. Since the ICC released arrest possibilities not only for how we engage, but warrants in 2005, the talks have been framed partly also for the temporal mandate of our commit- by this dilemma. Although it is widely believed that ments. For example, in Indonesia, Liberia, Nepal, the warrants themselves drew the LRA to the peace , and the former Yugoslavia, efforts table after more than 20 years of waging a brutal to pursue justice—constrained by the need to campaign against the people of northern Uganda, maintain the existing fragile peace—demand the rebel leaders have threatened not to sign any a long-term vision based on capacity building peace deal until the indictments are dropped. by civil society. In countries where conflict is ongoing and justice may be “held hostage” to peace talks, we are challenged by the urgent imperative to cease hostilities. Recent develop- ments in Afghanistan, Burundi, Colombia, and the Democratic Republic of the Congo, for example, have required a delicate balancing act between peace and accountability. We have assisted by surveying victims’ needs and opinions; advocating against measures, such as blanket Gulu, Uganda, August amnesties, that would enshrine impunity; or 2007. Young resident at laying the groundwork for future transitional Koch Goma Internally justice (TJ) activities by providing targeted infor- Displaced Persons (IDP) camp. Photo by mation to all those participating in peace talks. Nisma Zaman/ICTJ.

The need for more comparative information Outside the options of either prosecutions or blanket and conceptual clarity on these complex amnesty, a third way is being explored in the peace dynamics—coupled with a growing demand negotiations. According to the ICC’s complementarity for technical assistance to mediators and other principle, if a rigorous and serious national plan for peacemakers—motivated the ICTJ to launch accountability were established, the arrest warrants a new Peace and Justice Program in 2007. could be legitimately dropped without sacrificing The program will operate out of our Geneva either peace or justice. The ICTJ has given presenta- tions to the parties at the peace talks detailing what office under the direction of ICTJ cofounder these requirements could and should entail in order Priscilla Hayner, who spent several months last to uphold international legal standards. A strong year researching peace negotiations in a num- push from Ugandan civil society—parts of which ber of countries, including Liberia and Sierra have advocated truth-seeking, reparations, and tradi- Leone. Results will be published in forthcom- tional conflict resolution—has also led the Center to ing months, detailing the interplay between survey public views of justice and peace in the hope TJ measures and several prominent transitions of contributing to these discussions. toward peace over the past decade.

Essay: Linking Peace and Justice  A Holistic Approach to TJ

The following interview with Alex Boraine, founding president of the ICTJ and current chairman of the Board, was conducted in mid-2007. Boraine was president of the Center from its opening in March 2001 until June 2004 and has provided institutional direction and vision ever since.

An Interview interview

Question: How did you get the idea to establish an not a substitute for the former, except that it organization dedicated to transitional justice (TJ)? places a far greater emphasis on the needs of victims and the transformation of institutions. Answer: The ICTJ was the result of a number In other words, it is simply not enough merely of converging streams, starting with the South to punish people. You need to equip societies African TRC, which, because it was the first to help get new democracies running and to commission to hold public hearings, sparked establish a human rights culture. But how do you international curiosity. The result was that we go about helping deeply divided societies to started receiving requests to assist other coun- live together with some promise of sustainable tries that were undergoing transitions from peace? The ICTJ exists to answer that question. conflict and authoritarian rule. I realized that there should be one organization dedicated Q: How would you summarize the impact of Ford’s to providing this assistance on a more holistic investment in the ICTJ over the past six years? basis, especially one that focused its work on A: We have some extraordinary people here and victims. After the TRC, I the combination of our varied expertise—not came to NYU to write a only in law, but also in politics, sociology, and book about my experi- communications, for example—helps us develop ence. There I started an informed and nuanced approach to each and talking about these every country in which we work. Our approach issues with colleagues is to listen very carefully and to help countries like Paul van Zyl—who to understand how important addressing the was the TRC’s executive past is to assisting victims of abuses and ulti- secretary—and Priscilla mately building promising futures and peaceful Hayner—who was with societies that respect the rule of law. It is this the Ford Foundation future-focused mission and our commitment to and doing research on helping societies in transition do just that, that truth commissions. With have made Ford’s investment very worthwhile. Ford’s support, Priscilla convened a group of Q: There are many who would argue that TJ people from diverse promotes peace. So isn’t the question one of backgrounds to discuss sequencing rather than a question of choosing New York, July 2007. the possibilities of establishing an institution either peace or justice? Alex Boraine at ICTJ devoted to TJ. We were extraordinarily fortu- headquarters. Photo nate to have Ford’s president, Susan Berresford, A: The peace/justice question has been quite by Nisma Zaman/ICTJ. participate in the discussion. She called me the neglected in the past, and that of sequencing next day and said that Ford was ready for our even more so. There are some things you can proposal. The rest, thanks to her, is history…. do immediately and other things that you may have to delay to bring about disarmament, rein- Q: Is our holistic approach one of the most tegration, and some degree of peace. That is why important aspects of our unique mandate? justice is really the art of the possible. We must ask ourselves what is possible now and do that A: Absolutely. If the ICTJ ever loses that, it will as best as we can, always reserving the hope that lose its reason for being. Many in the human more can be done in the future. You can’t go rights field were worried that retributive justice into a society assuming everything is possible was going to lose out to restorative justice. In at that particular moment in time—you really fact, the latter is a complementary approach, must ask the hard political questions.

 Interview: Alex Boraine New York, August 2007. Alex Boraine at ICTJ headquarters. Photo by Veerle Opgenhaffen.

Q: We’ve talked about some of your proudest moments in your experience. What were some of your most difficult?

A: The most disappointing experience of my life was the unwillingness of many white South Africans to come to terms with their role in apartheid. They found it easy to plead ignorance but rarely accepted responsibility. That stood in stark contrast to the generosity of spirit of many black victims who were ready to speak about forgiveness as long as the truth was revealed and acknowledged. A: It was vital to conduct our hearings in public, Q: What do you think accounts for this difference? because it gave people around the world access to our experience on a daily basis through A: One of the reasons for this is that apartheid radio, television, and print. Many of those worked extremely well in separating people, so watching forecasted disaster, yet through the that many whites had never entered a township negotiation and TRC process we were able to in their lives. They could then claim they didn’t steer an extremely frail craft through stormy know. A more honest answer would have been seas, despite grave doubts that it would work. that they didn’t want to know. So they closed The crucible in which we were working was so their eyes because it was too uncomfortable fragile that people said, “Despite all of the en- to look. But why so few were able to reach the trenched problems, the 300 years of colonialism point of admitting they could have done some- and terrifying racism, they’ve come through it thing about it, still baffles me. all.” A lot of people were astonished that there was so little revenge-taking. Q: Given the current prospect of prosecutions in South Africa, what do you think the chances are for greater social harmony in your country?

A: As a country we have been derelict in our “The most disappointing experience of duties. The Commission recommended to the my life was the unwillingness of many state that those who applied for amnesty and were refused, or those who should have applied white South Africans to come to terms and did not should be prosecuted—with the with their role in apartheid. proviso that there was sufficient evidence to justify the indictment. Alex Boraine For years the prosecution authorities stalled ” on this recommendation, and now they are Q: A Country Unmasked was your book about essentially engaged in plea bargaining. The the TRC, but we hear that you’ve written a new Department of Justice and the state itself have one, due to be published in April 2008. missed a critical opportunity and are now belatedly trying to address these crimes. But A: It’s been quite a journey. What started as a they are not allowing any cross-examination chronicle of the TJ field has essentially turned of those indicted and have made no provision into a story about my own life, at the insistence for the participation of victims. This is a of my publishers. Writing it has helped me real- backward step that has bred more distrust ize that struggle, perseverance, and vision have and made it even more difficult to imagine characterized the whole of my life. I’ve tried a reconciled South Africa. to channel those strengths into making some small contribution to the struggle for justice, Q: It has been nine years since the TRC which remains a large and complex issue of ended its work. What do you see as its most global proportions that I hope we never stop important legacy? trying to address for as long as it persists.

Interview: Alex Boraine  Where theory and practice intersect: How the ICTJ’s Research Unit Informs the Field

In a recent conversation Pablo de Greiff, director of our Research Unit, commented extensively about the evolution of the unit and the ways its work both informs and is shaped by developments and technical prac- tices in the field. What follows are some excerpts.

An Interview conversation

The Importance of Normative Research Shaping the Evolution of International Justice I have always insisted that the work of the research unit in an institution such as the We already have good examples of how this ICTJ cannot be a philosophical exercise alone— type of research contributes to the evolution that the Center is not mainly a think tank, of international justice. The research that but rather a place where issues are thought we eventually published in The Handbook on through, including their policy implications. Reparations (Oxford University Press, 2006), Having said this, I a collection resulting from several years of was intrigued early research on massive reparations programs, has on by how concep- had significant impact in several countries, tions of justice could including Peru and Morocco among others. illuminate debates This—as well as our parallel project on vetting, about policymak- published under the title Justice as Prevention ing, and conversely (Social Sciences Research Council, 2007)—fed how policymaking into the UN’s Office of the High Commissioner debates should affect for Human Rights’ Rule-of-Law Tools for Post- conversations about conflict States, which will guide policy decisions general conceptions throughout the world. of justice. Because policymakers operate Understanding Expectations of in a complex and dy- Justice and Social Interventions namic environment without access One of the main challenges that institutions to perfect informa- like the ICTJ face stems from the fact that we tion, they need really do not yet fully understand how social more than empirical interventions work, and by that I do not mean research alone to make sound judgments and the ICTJ but the social sciences as a whole, have durable effects. which still handle interventions in the social Justice as Prevention is world in what I call “aspirational” terms. For the first comprehensive It is critical that we develop a justice-based example, recent international practice expresses study on “vetting,” an conception of what we do, because satis- the hope that more truth-telling will have a institutional reform fying victims’ expectations means satisfying role in strengthening the rule of law and that process for excluding expectations that are themselves normative criminal prosecutions will deter future crimes. abusive or corrupt in nature. When victims feel aggrieved, their But honestly, we have no social science to bor- employees from public grievance is that of someone who feels not row from that can explain exactly how these office. SSRC/ICTJ 2007 simply harmed but treated unfairly. In other interventions work. What Happened to the words there is a notion of justice that under- Women? explores gender lies people’s expectations that something The idea that we can provide precise quantified and reparations policies ought to be done in their case. If you want to indexes to the success of large-scale social in- in post-conflict contexts. respond adequately to expectations that have terventions seems to me, at least under present SSRC/ICTJ 2007 been shaped around notions of justice, you circumstances, to be largely groundless. That need to be clear about what justice requires doesn’t mean that there is nothing that can be in each case. done to improve both the efficacy and preci-

 Conversation: Pablo de Greiff Nuremberg, Germany, June 2007. Pablo de Greiff next to Rama Mani during a panel discussion at the “Building a Future on Peace and Justice” conference. Photo by Dirk Ostermeier.

The Handbook of Reparations, edited by Pablo de Greiff. New York: Oxford University Press, 2006.

sion of our interventions and how we measure affect the way they think about political prizes them. Rather, there should be space for assess- and losses. ing impacts at different stages in a process and for the use of a variety of metrics, because the Another project—on TJ and Development— way in which these interventions are experi- emerged out of a notable institutional silence enced can vary tremendously over time. We about the distributive aspects of TJ. In most of need to allow for different temporal horizons the places where we work socioeconomic condi- and for observing and measuring unintended tions are extremely difficult, so we need to be consequences as well. able to say something about the preconditions for the implementation of TJ measures and the possible developmental consequences of those interventions. Although our field is based on “When victims feel a conception of human rights that is universal and thus travels well, our implementation and aggrieved, their understanding of justice cannot be indifferent Lima, Peru, June 2002. to socioeconomic conditions that may allow Members of the Commission grievance is that of for Truth and Reconciliation one country to sustain a reparations program, (CVR) participate in public someone who feels while conditions in other countries may make proceedings at the Auditorio not simply harmed the effort virtually impossible to sustain. An del Centro Cívico. Photo by but treated unfairly. important question, then, is how to enable John Riley.

”For example, we have noticed that truth com- missions consistently provide amazing oppor- tunities for civil society to organize itself. This is not necessarily one of truth commissions’ goals, but we have found nonetheless a proliferation of NGOs every time one is established. This can be read as a positive—yet complicated— development, the point being that unintended consequences are sometimes as important as the intended results.

Forthcoming Projects

We recently started a project on TJ and Identity, because in many contexts where we work, ethnicity, religion, and race have played a major role in molding the specific shape conflicts have countries to respond to their legal obligations taken. Yet until now we have treated identity as to victims and at the same time continue or merely a political factor with respect to which embark on developmental paths that contrib- people fight, which is a horrible misunderstand- ute to the strengthening of rule-of-law systems ing because identity issues are at the core of that provide guarantees of nonrepetition and what people think about themselves and deeply secure the rights of all.

Conversation: Pablo de Greiff  ICTJ Involvement in Asia Afghanistan Burma Cambodia Asia Indonesia Nepal Sri Lanka Timor-Leste

Facing Legacies of Impunity

Top: Rukum District, Nepal, espite Asia’s geographic, cultural, and political diversity, many of its transitions can be charac- April 2004. Dilmaya holds her terized as partial and contested, with those responsible for human rights abuse retaining daughter, Bissnu, inside her considerable power and influence. This form of impunity makes it important to choose strategic home in Gipu village. Her D husband, a former Communist partners carefully—both within and outside governments—when pursuing transitional justice efforts. Party member, has been Several Asian countries have vibrant civil society movements seeking justice, truth, and reparations. missing since being kidnapped The ICTJ has helped them build civil society capacity at the same time as it works to improve and assist 13 days earlier because he carefully chosen government initiatives. quit the party. Photo by Ami In Cambodia we have strengthened civil society’s capacity to monitor the Extraordinary Chambers Vitale/Getty Images. in the Courts of Cambodia (ECCC) and used the establishment of the Court to spur national initiatives on truth-seeking, reparations, and memorials. We have also provided advice and assistance to the Court’s staff. Our strategy in Nepal has been to work with Advocacy Forum and other human rights organiza- tions to help establish a credible and effective , while laying the foundation for future accountability mechanisms such as vetting and reparations. In Burma we have focused on gathering documentation and helping civil society organizations pursue accountability during and after a coming transition, especially through trainings for activists on the Thailand- Burma border. Kathmandu, Nepal, April 2004. In Afghanistan and Sri Lanka— Police forcefully arrest an anti- where capacity for TJ remains stifled monarchy protester. Weeks of clashes between police and by ongoing violence and conflict— protesters calling on the king our work has concentrated on gender to reinstate democracy led issues, advocacy, awareness raising, to thousands of arrests. Photo and contributing to victim-centered by Tomas van Houtryve. initiatives while continuing to encour- age policymakers to prioritize accountability and documentation of past violations. Despite a robust and thorough TJ process in Timor-Leste—including a serious-crimes panel, a truth commission (CAVR), and complete withdrawal by Indonesia—cycles of conflict and violence have returned. As a result we have addressed some unfinished business, such as security system reform (SSR). In Indonesia the wave of international pressure to pursue accountability for the crimes committed in Timor-Leste has subsided. In 2007 we opened an office in Jakarta to work with local civil society orga- nizations to develop TJ strategies in Timor, Papua, and Aceh. We have also drawn particular attention to crimes against women.

 Regional Overview: Asia khin maung shwe: Preparing Burma for Transition ICTJ Involvement in Asia Often in political transitions, at a pivotal unexpected moment, relation- Afghanistan Burma ships between the forces in charge and those pushing for change are Cambodia Asia fundamentally rearranged, propelling both into uncertainty and chaos. Indonesia Nepal A Profile Sri Lanka Timor-Leste

What happens in the days and weeks after such come,” said Khin Maung Shwe in an August a rupture can alter history; yet often events that 2007 telephone interview. “But whatever fol- took place long before the transition affect the lows this long era of military oppression, it will course of change. be vital to be organized in advance—not only to steer the process in the right direction, but A crucial facet of the ICTJ’s work is long-term capacity-building activities designed to prepare human rights defenders for transitions under extremely challenging circumstances. Our annual fellowship programs—currently active in Chile, Lebanon, Morocco, and South Africa —encourage participation by practitioners

“I discovered there is tremendous hunger for knowledge about justice and truth- seeking in Burma.

”from countries where fostering a TJ culture is a vital precursor to a successful future transition. We are proud to see that many of our former fellows have gone on to become important activists in their home countries. also to be ready with a historical record that can Burmese activist Khin Maung Shwe attended the be used to secure justice for victims.” Center’s Cape Town fellowship program in 2004. Among other things he credits the program with “I discovered there is tremendous hunger for Chiang Mai, Thailand, imparting a comprehensive sense of the field, as knowledge about justice and truth-seeking January 2005. Khin Maung well as building an extensive network of practi- in Burma. I am grateful for my experience Shwe. (Smaller photo) tioners who continue to work together globally in Cape Town because it helped me think Chiang Mai, Thailand, on justice issues. Khin Maung Shwe has since through the specific obstacles Burmese society January 2005. Paw Wah lived and worked along the Thai-Burma border, faces and to start to envision tangible ways to Thumla (2003 ICTJ Fellow), where he works with the TJ program of Human move forward in the context of challenging Khin Maung Shwe, and Than Rights Education of Burma (HREIB) alongside a deeply militarized state and engaging TJ in Htike (2002 ICTJ Fellow), all trainers with the Human the ICTJ’s regional consultant, Patrick Pierce. a largely Buddhist society. I really benefited Rights Education Institute HREIB provides training to activists and also from studying other transitions—such as in of Burma Transitional supports the Network for Human Rights Docu- Chile, South Africa, Rwanda, , and Justice Program. Photos mentation, which sets the stage for a democrat- East Timor—because they taught me practical by Patrick Pierce/ICTJ. ic transition by documenting what has happened lessons about sequencing and gave me ideas in Burma since the military assumed power. of what Burmese activists can begin to address “We can’t predict when our transition will even before a true transition takes place.”

Essay: Burma Fellow  ICTJ Involvement in Asia Afghanistan Burma Cambodia Asia Indonesia Nepal Sri Lanka Timor-Leste

CAMBODIA How much longer must victims wait for answers and justice?

The ICTJ’s Cambodia program has actively engaged with key stakeholders supporting the Extraordinary Chambers in the Courts of Cambodia (ECCC), the tribunal charged with prosecuting serious crimes committed during the Khmer Rouge regime.

The Center has provided substantive comment and input on the development of the ECCC internal rules of procedure and of the new Cambodian criminal procedure code, with particular focus on victims’ rights and reparations. The ICTJ has led several mis- sions to Cambodia, during which program staff led workshops outlining the importance of monitoring the ECCC and building a legacy for future reform. Our staff participated in public forums on justice and Phnom Penh, Cambodia, July 2007. Chim Math, 49, a Cambodian survivor reconciliation in Kampong Thom province, worked of Khmer Rouge’s prison S-21, looks for closely with local NGOs on memory and documenta- her portrait among pictures of Khmer tion, and conducted TJ seminars for ECCC staff. In Rouge victims on display at Tuol Sleng addition, the Center sent a consultant to Cambodia Genocide Museum. Photo by Mak Remissa/Corbis. to assess and advise on the development of a com- prehensive communications strategy for the tribunal.

 Visual Essay: Cambodia Working toward ICTJ Involvement accountability in in Asia timor-leste Afghanistan Timor-Leste Burma Cambodia Asia Timor-Leste, a former Portuguese colony, was forcibly Indonesia annexed by Indonesia in 1975, and for the next 24 Nepal years its people suffered under oppressive rule. In Sri Lanka 1999 Indonesia allowed the Timorese to vote on the Timor-Leste territory’s future, but the overwhelming support for independence was met with brutal retaliation. Security forces and pro-Indonesian militias killed an estimated 1,400 Timorese civilians and destroyed a large part of the territory’s infrastructure, forcing some 200,000 individuals to flee into Indonesian West Timor.

The transitional justice situation in Timor-Leste is particularly complex because Indonesia is largely responsible for past abuses there and is unwilling genuinely to pursue accountability for its crimes. Top, middle, and bottom: Timor- The ICTJ has addressed the complexity of the situa- Leste, July 2003. Members of tion by working with both Timorese and Indonesian multiple communities participate civil society actors to strengthen their voices and in community reconciliation provide them with access to international expertise process hearings as part of the Commission for Reception, Truth, and experience. We have worked to help implement and Reconciliation in Timor the report of the Commission for Reception, Truth, (CAVR). Photo by Ben Larke. and Reconciliation (CAVR) and have assisted the Serious Crimes Unit (SCU), established by the to pursue accountability for past crimes.

Family members in Timor-Leste break down after returning to find their homes destroyed and their family members murdered by pro-autonomy militias. Photo by John Stanmeyer/VII.

Visual Essay: Indonesia/Timor-Leste  Kathmandu, Nepal, January 2006. An elderly protester is taken off the street by riot police as she tries to convince them to let her stay during a demonstration protesting the rule of King Gyanendra. Photo by Paula Bronstein/Getty Images. Asia

By 2004 the human rights situation in Nepal had gotten so extreme that the tiny, mountainous nation topped the world in sheer numbers of reported cases of disappearances and kidnappings. The UN’s Working Group on Enforced or Involuntary Disappearances

 Visual Essay: Nepal ICTJ Involvement in Asia Afghanistan Burma Cambodia Asia Indonesia Nepal Sri Lanka Timor-Leste

In November 2006 a Comprehensive Peace Agreement between the government and the Communist Party of Nepal-Maoist (CPN-M) established the basis for a truth and reconciliation commission, a committee to investigate disappearances, and a commission to investigate abuses committed by the armed forces and the police during the April uprisings. To help build capacity for a just transition, the ICTJ has been conducting a series of workshops and consultations with a broad range of stakeholders in Nepal, including government representatives, victims’ groups, inter- national organizations, and donors. Victims and other marginalized groups, often neglected in the course of the peace negotiations, expressed their deep and urgent need for more information and comparative nepal expertise on transitional justice. Many also expressed concern that the pro-democracy movement could fall short of pursuing real justice by focusing too much on The power reconciliation activities instead of on other forms of of popular accountability, including prosecutions and reparations. One of the Center’s main challenges has been to mobilization ensure that transitional justice initiatives are properly sequenced at the same time that a new political and Human rights abuses have been part of political and military structure is being constructed. Human rights military policies and practices in Nepal since Britain violators from both sides of the conflict could obstruct formally acknowledged the country as a sovereign state efforts to combat impunity and uncover the truth in 1923, but their scale and intensity heightened dramat- about past crimes, potentially complicating the ically in 1996 when civil war broke out. For the next processes of demobilizing, disarming, and reinte- decade the Nepalese people experienced unparalleled grating the Maoists and vetting the security forces. levels of violence at the hands of the country’s monarchy These challenges notwithstanding, the political and rival Maoist rebels, with at least 13,000 killed and consciousness that catalyzed the popular uprising thousands more tortured, raped, and forcibly disappeared. and the relatively high degree of political will to address past abuses provide Nepal with a sound basis In April 2006 an extraordinary mobilization by civil and fertile ground for establishing justice institutions society against the government ended the conflict by that have integrity and enjoy popular legitimacy. forcing a military retreat, disempowering the ruling monarch, reinstating Parliament, and bringing the Since fall 2007, the ICTJ has two full-time Maoists into the peace negotiations. staff members in Kathmandu.

Visual Essay: Nepal   Political Structure: Indonesia’s president—currently Susilo Bambang Yudhoyono—serves Indonesia and Timor-Leste as the head of state, commander-in-chief of the armed forces, and director of domestic

Feature: Indonesia/Timor-Leste governance, policymaking, and foreign affairs. He also has the power to appoint the council of ministers, who are not required to be elected members of the legislature. ofdenial price the Dharapak/AP Photo. independence militiamen.Photo byCharles clasheswithanti- who wasshotduring overapro-independencegrieve supporter Dili, Timor-Leste, August 1999.Relatives “Indonesia is shrouded in denial about past human rights abuses, which reinforces a pernicious cycle of impunity. The ICTJ is helping civil society challenge this legacy with the tools of truth and justice. Paul van Zyl ” Executive Vice President, ICTJ

Timor-Leste, July 2003. Members of multiple communities participate in community reconciliation process hearings as part of the Commission for Reception, Truth, and Reconciliation in Timor (CAVR). Photos by Ben Larke.

Galuh Wandita has a long history of working with human rights organizations in Indonesia and Timor-Leste, where she developed expertise on gender and justice. In 2002 she became deputy director of the UN-backed Timorese Truth and Reconciliation Commission (CAVR) and was instru- mental in writing the Commission’s Final Report. Since early 2007 she has been the head of the ICTJ’s Jakarta office, where she manages our work in Indonesia and Timor-Leste. Wandita sat down to talk with us during a recent visit to our New York office.

Question: Indonesia has a fairly vibrant human challenge impunity, evident all around. For rights movement, yet it seems stifled on many fronts. example, we have people who were indicted Is this attributable to a general climate of fear or for serious crimes in 1999 still serving in the other factors? military or posted to Papua. A member of the Special Forces, convicted of kidnapping student Answer: I wouldn’t call it a climate of fear activists in 1998, has since popped up in Aceh as because people who work on justice issues in a district commander of the military. In terms Indonesia are forced to be fearless—it is the of the security forces, there has been very little only way to accomplish anything. But as we reform and it remains a very strong institution. saw in 2004 with the assassination of Munir— one of our most prominent human rights continue page 16 activists—the threat is real. But I think “climate of impunity” is a better way to describe the atmosphere we work in. Even though we have 1945 1965 1 million killed. mechanisms like the Human Rights Court and Declaration of Abduction and Suharto takes a National Human Rights Commission, these independence. murder of senior power and creates have not only failed to deliver , they Sukarno becomes military officers the “New Order” also haven’t adequately pursued truth-seeking first president. blamed on the administration. and reparations for victims. Indonesia Communist Party from 1945 1949 of Indonesia (PKI). Q: Is there hope that these institutions are to 2007 Recognition of General Suharto actually legitimate and functional but can’t yet independence leads brutal follow through on their own agendas? from the Dutch. “anti-communist” purge. 500,000 to  A: They’re not farcical, but their inefficacies reflect a broader lack of political will to

Feature: Indonesia/Timor-Leste  Bobonaro Cova Lima Liquica  from 1945 1945 from Indonesia

Ermera The Republic of Indonesia is the world’s largest

to 2007 A Reflection archipelagic state, composed of 17, 508 islands. With Ainaro Feature: Indonesia/Timor-Leste a population of approximately 234 million people, it Dili Aileu Timor-Leste is the world’s fourth most populous country. Manufahi  Manatuto the conflict. die asaresult of 100,000 people tion. At least 24-year occupa- starting abrutal of East Timor, Portuguese colony annexes former Indonesia forcibly 1975 Viqueque about agenuinepeaceabout process today. atsunamithere,been wewouldn’t talking be political transition, because ifthere hadn’t actually aninteresting case ofnature catalyzing the militaryundercivilianoversight. Aceh is big plus, andthere isamovement toget trying from runningitsownbusinesses, whichisa The tsunamihitinDecember2004andthe remember, itwasn’t aninstant process either. agreement withtheFree Aceh Movement. But which coulddonebyforging onlybe apeace region, thegovernment hadtoensure security, community neededhelpfacilitating aidtothe deal withthetsunamiandinternational nesian government didn’t have thecapacity to extent—in Papua, for example—thesituation Aceh, andPapua over several decades. To some of massatrocitiescommitted inEastTimor, another millionincarcerated in1965, waves millionkilledand the pastwere massive—a A: Q: A: Q: might take alongtimetoseereal change. the victims. Still, wepushon, evenit though impunity, perpetuating areality thatsilences and political culture continue to support legal structures inplace, theinstitutional both words, whilewehave someoftheimportant generational.changes weseekwillbe Inother but alsomilitarized oursociety, somanyofthe sive force that notonlycorrupted everything Suharto’s New Order regime wasanall-perva- Suharto era?Suharto violence andrepression thatcharacterized the Baucau 200,000peopledied, andbecause theIndo- Muchofitisamatter ofscale: Theabusesof Howdidthatcatalyze apeace process? Isthere atangiblefrom transitionaway the window period that outlawswindow period themilitary B.J. Habibie. his vice president He issucceeded by spread discontent. following wide- under pressure, Suharto resigns 1998 a lawfour-year introducing Lautem government recently passed have occurred. The positive changes positive dreds ofthousands. and displacinghun- killing at least 1,400 lence on East Timor, campaign ofvio- militias unleasha donesian Timorese troops andpro-In- ence, Indonesian Timor’s independ- dum endorsing Following areferen- 1999 scale, butsome hasn’t changed has lessenedin so muchasit

1999 level perpetrators. mostly oflower- and 88 convictions, against humanity charges ofcrimes 395 indictments on Unit, leadingto Crimes the Serious and Crimes Serious Special Panels for peace andsetsup UNTAET establishes

finally makingthiswork. 1999, sothere wassomepolitical precedent for It wasalsothethird suchattempt at peace since peace agreement wassignedinAugust 2005. to theinternational hybridtribunal, whichto a system rationalized which crimesshouldgo the approach adoptedbySierra Leone, where tional tribunaljustcould notaddress. Irespect is ahumanrightsviolation that theinterna- sands inprisonwithoutcharge, whichinitself In Rwanda, for example, they hadtensofthou- fabricmassatrocity.actually repairafter social and articles, butmuchmore complicated to that itiseasy toconjure upsolutionsinbooks it at that. Oneoftheproblems withjustice is but sometimes contexts complex are too to leave anyamnestyshould notbe for seriouscrimes, Q: A Q: A: these methods for these methods seriouscrimes? victims? Doyouthinkitisever appropriate to use of matoritual oputtowiththeir reconcile theLRA where recommended ithasbeen employ the they tional” elsewhere, methods suchasNorthernUganda, have anopiniononusingtheseso-called “tradi- reconciliationwith thecommunity process. Doyou targetsfor mobilizationandrepression? military tension between localtension between andnational identity. Papua—in mostplaces itisreally more ofa in someofthesemovements—particularly in them. Althoughnatural resources play apart entitles itfar greater leeway insuppressing ratist movements as “threats to security,” which ment. Themilitaryhasdesignated local sepa- off isatraitor tothenation, punish- deserving whoseekstosplit entity andthat anybody constantly reinforces that weare oneunified We are taught which acleanversion ofhistory 1975 EastTimorofIndonesia. became part savedSuharto thenation in1965andthat in Indonesia. Aswelearnthat schoolchildren There isastrongofunification ideology in separatist movements ineachoftheseareas. : Ithinkit’s primarilyduetothepresence of Iagree withtheprevailing mantra that there In yourwork withtheCAVR, youworked closely Whyhave Aceh, Papua, andTimorsuch been from 1974-1999. that occurred look at violations ciliation (CAVR) to Truth, andRecon - for Reception, the Commission UNTAET establishes 2002

Free Aceh Movement. government andthe ment betweenthe peace agreetrigger - Relief efforts help people are killed. Close to 200,000 Aceh province. epicenter closeto east Asia,with Tsunami hitsSouth- Dec 2004 national courts, and which to be handled by the truth commission. In my view, their criteria captured exactly what crimes should never be eligible for amnesty. But then there are gray areas. Following decades of conflict, countless murders and rapes, and a flawed judi- ciary, you have to be creative about a solution, which makes the Rwandan Gacaca experience fascinating. It’s a brave example of trying to deal with a massive societal problem. At the CAVR we assumed that the serious crimes unit would deal with murderers and rapists; that Jakarta would attend to the generals; and that the CAVR could just deal with the people who burnt houses or committed other lesser crimes. That is not to say that we took these crimes lightly. In Timor nobody has a bank account or insurance, so if your house is burnt your life is destroyed and you literally start from zero. So it is not a small loss by any means. But we still had to find a way to repair some of the developing a national reparations strategy and Above: Timor-Leste. People bonds that had been broken without relying strengthening civil society’s sense that repara- learn how to vote while taking on a more formal legal process. tions are about an obligation to victims and refuge in an unfinished not just monetary compensation. What’s really church due to threats from militia in the run-up to the tragic is that the 5 million dollars used to run referendum vote. Photo by ...people who work on justice the Commission on Truth and Friendship John Stanmeyer/VII. “ (CTF) could have been applied toward Indone- issues in Indonesia are forced sia and East Timor neutrally working together to be fearless—it is the only to develop a reparations program, fostering way to accomplish anything. truth and friendship in the real sense.

Q: What is going to be the focus of your work in Bottom Left: Jakarta, Indonesia, Q: You’ve mentioned the need for reparations the next couple of years? Are you putting your July 2007. Former Indonesian ”in Indonesia and that some payouts are occurring. energies into reviving truth commission legislation, President Suharto. Photo by Is this done through an opaque system where monitoring the CTF, or mobilizing victims’ groups? Adek Berry/AFP/Getty Images. some people have been given sums without explanation, or is there a movement toward a A: All of the above and more. Working on Bottom Middle: Timor Leste, July 2003. Community mem- fair or transparent process? justice in Indonesia is like grappling with an bers take part in reconciliation enormous tangled knot: Pull and something process hearings of the A: The concept of reparations is completely comes loose over here and tightens over there. CAVR. Photo by Ben Larke. new to Indonesia. The payment of compensa- You struggle to untangle it and just hope there tion to victims in Aceh, which started in 1998, will be a point of momentum when it all un- Bottom Right: Krueng Raya, was essentially hush money. It was a form of ravels. Now that I am no longer a one-person Indonesia, January 2005. recognition that harm had been done, but it operation and have solid partnerships in Aceh People pull food supplies from a helicopter moments after it was not a process where you could then find and Timor, I think we can get a lot more done lands in an area completely out who killed your husband or why—there on the ground, especially in terms of pursuing destroyed when an earthquake, was simply a sum of money delivered to your reparations, encouraging understanding across followed by three giant tsuna- house. This is a major area where the ICTJ is borders, and continuing to press for genuine mis, hit Aceh. Photo by John contributing our expertise, both in terms of accountability. But it’s a tough road ahead. Stanmeyer/VII/AP Photo.

Feb 2005 Oct 2005 Aug 2005 Aug 2005 Jan 2006 Dec 2006 in East Timor and UN establishes CAVR presents Memorandum of Peace agreement The ICTJ publishes Indonesian TRC calls for Indonesian Commission of a final report to Understanding signed between and widely dissemi- act struck down accountability for Experts to examine Timorese President signed between Free Aceh nates CAVR report. in its entirety. crimes committed impunity for crimes Xanana Gusmao. Free Aceh Move- Movement and in 1999. committed in East Months later the ment and govern- government of Jul 2006 Mar 2007 Timor in 1999. president releases ment of Indonesia. Indonesia,includ- Paul Van Zyl testifies ICTJ Senior Fall 2007 final CAVR report ing provisions for before the Indone- Associate Galuh The ICTJ estab- to Timorese Parlia- a truth commis- sian Constitutional Wandita testifies lishes office ment and the UN sion and a human Court to argue before Commis- in Jakarta. secretary general, rights court. against TRC legisla- sion on Truth and as required by law. tion tying repara- Friendship about tions to amnesties. sexual violence

Feature: Indonesia/Timor-Leste  ICTJ Involvement in Africa DRC Ghana Liberia Africa Sierra Leone South Africa Sudan Uganda

Transitioning from Conflict to Peace

Top: Lokichokio, Kenya, he African continent has been host to some of the world’s most horrific conflicts, leaving staggering August 2003. This 500-bed obstacles to peace and justice in their wake. Whereas political “transitions” have often been viewed hospital has treated wounded as moving from autocracy toward democracy, Africa’s transitions have tended to progress from Sudanese from both rebel T and government sides as well conflict toward peace, often leaving behind societies ill-equipped for addressing past—and preventing as civilians. Photo by Michael future—abuses. Freeman/Corbis. In response, the ICTJ has established regional “hubs” in the East, West, and South, opening offices in Cape Town, Kinshasa, and Monrovia. This arrangement allows us to work with the Liberian TRC while working on complementary projects in neighboring Sierra Leone and Ivory Coast, where resumed fight- ing could derail our work throughout the region. We have also begun an assessment of southern African countries that did not benefit from South Africa’s TRC but still suffered the consequences of apartheid, while we continue to address the shortcomings of the TRC itself. In the Democratic Republic of the Congo (DRC), progress toward transitional justice has been slowed by lasting disputes and the fragile political climate of the Great Lakes region. We have begun targeting issues related to resource scarcity because reparations and disarmament, demobilization, and reintegration programs can inflame tensions if they are seen to be rewarding perpetrators or privileging certain victims above others. We are working closely with the economic development community to craft new approaches that focus on marginalized groups and are sensitive to the injustice of poverty. Although post-conflict contexts are particularly challenging, pursuing peace should not exclude justice. The ICTJ has sought to enrich the ongoing debate over peace and justice in Africa—an important staging ground for the International Criminal Court (ICC) and host to a range of justice and truth-seeking institutions. In Uganda we have surveyed victims’ views to Above: Kisharu, DRC, October make policy recommendations to the ICC and to peace negotiators while examining challenges posed by 2007. Child soldiers from the “traditional” forms of redress. Mai-Mai militia guard the We are also deepening our engagement with the African Union to help build its capacity to forge headquarters of their leader, General Kassereka, 100 km multilateral solutions for combating impunity, modeled on the Inter-American Court for Human Rights. north of the eastern city For example, we have encouraged the AU to take an active role in ensuring prosecutions of Chad’s former of Goma. Photo by Nicolas dictator, Hissene Habre, and Liberia’s former president, Charles Taylor. Postal/Corbis. Dr. Comfort Ero recently joined the ICTJ to lead our Cape Town office and serve as deputy director for our Africa program. Dr. Ero brings a wealth of TJ knowledge to the region from her previous senior positions with the UN in Liberia, the International Crisis Group, and the UN Association in the UK.

 Regional Overview: Africa ICTJ Involvement in the Americas Argentina Canada Colombia Americas Guatemala Mexico Nicaragua Paraguay Peru USA Leading the Path to Justice

ore than a quarter-century since a wave of democratic transitions began sweeping the Americas, the struggle against impunity there remains fraught with obstacles. Nonetheless, principles of Mtruth, justice, and accountability have gained unprecedented political momentum in the region, evident in the widespread adoption of international legal standards there. To bolster this growing culture of human rights, the ICTJ established an Americas Unit, with programs stretching from Canada to Argentina. Top: Buenos Aires, Argentina, In August 2006 the Center opened an office in Bogotá, Colombia, where our activities have included August 2007. Nora Cortiñas, helping local partners successfully challenge problematic provisions of the Justice and Peace Law and founding member of the co-conducting the first-ever national survey assessing attitudes toward justice. We also provided technical Mothers of Plaza de Mayo, assistance to the National Commission on Reparations and Reconciliation (CNRR) and the Office of the holding a photograph of her Prosecutor to ensure broad participation by victims son, Gustavo, disappeared in 1976. Photo by Marcos in judicial proceedings against paramilitary leaders. Brindicci/Reuters. In 2006 elections in Peru significantly obstructed efforts to implement the Peruvian TRC’s 2003 final report recommendations. The ICTJ has since focused on analyzing the Peruvian experience while helping to establish a repara- tions policy from legislation through to effective implementation, in tandem with the newly created Reparations Council. In Brazil we have joined civil society and the federal Office of the Prosecutor in thinking through future truth-telling mechanisms, while in Mexico we have engaged in building local capacity for TJ to take root in the near future. In North America the Center has supported Santiago, Chile, April 2007. path-breaking initiatives seeking redress for victims A human rights activist of past injustice. In the United States we provided demonstrates against former technical assistance and comparative global exper- Peruvian president Alberto tise to the Greensboro Truth and Reconciliation Fujimori in front of the Court Commission, an unofficial truth-seeking body of Justice. Photo by Martin Bernetti/AFP/Getty Images. investigating the 1979 Ku Klux Klan/Nazi killings in North Carolina. The Commission’s 2006 final report now serves as a model for other communities addressing legacies of racism. In Canada the ICTJ actively assisted efforts to address the legacy of the residential schools system. In May 2006 the government enacted the Indian Residential Schools Settlement Agreement to settle thousands of class-action and individual lawsuits seeking redress for countless aboriginal Canadians who suffered from the brutal assimilation policy. The Center provided advice on the Agreement’s plans for individual monetary reparations and for a truth and reconciliation commission, which is expected to launch in 2008.

Regional Overview: Americas  ICTJ Involvement in the Middle East and North Africa Algeria Bahrain MENA Iraq Lebanon Morocco Sudan

A Growing “TJ Culture”

Top: Baghdad, Iraq, October he Middle East and North Africa region has witnessed continuous increases in demand for knowl- 2006. A witness, whose name edge about transitional justice. This regional trend has included countries where such processes is being withheld by court are already under way, such as Morocco—where King Mohammed VI has overseen a massive truth- officials, waves identity papers T as she delivers testimony seeking and reparations process that began in the 1990s—and Iraq, where dramatic regime change has during the trial of Saddam opened the door to justice and accountability efforts, even though those processes have been flawed. Hussein in the heavily fortified In other parts of the region, government authorities, policymakers, activists, and academics have Green Zone. Photo by David undertaken a variety of initiatives, ranging from presidential decrees to trainings, to help deal with Furst-Pool/Getty Images. past abuses. In Algeria President Bouteflika issued a decree in February 2006 to implement a Charter for Peace and National Reconciliation, although Algerian civil society groups have expressed serious reservations about the decree’s amnesty provisions. In Bahrain civil society groups have organized public meetings and formed a coalition advocating for a truth-seeking process and a reparations program to deal with abuses during the period before the reign of King Hamad ben Isa Al Khalifa. The establishment of the Special Tribunal for Lebanon to deal with the murder of former Prime Minister Rafik Hariri could be a precursor of much deeper and broader initiatives to come to terms with the legacy of the civil war and its aftermath, but the continuing political stalemate has hindered civil society efforts in this direction. Similarly, although the ongoing conflict, fragile peace processes, and intransigence of the central govern- Right: Manama, Bahrain, June 2005. Bahrainis protest ment in the Sudan have created some in front of the United Nations opportunities for discussions about facilities against torture of holding perpetrators accountable, innocent people. Photo by providing reparations to victims, and Adam Jan/AFP/Getty Images. reforming broken institutions, difficult developments have also slowed any meaningful progress. In all of these countries the Center has responded to requests for assistance and sought to work closely with policymakers, civil society actors, and victims’ groups in build- ing local capacities to deal with the massive legacies of abuse that remain unresolved. We have conducted numerous missions and worked with local partners organizing workshops and seminars, identifying needs, and providing comparative analysis and technical advice. On a regional level we have also sought to spread knowledge about TJ experiences and best practices by translating key documents and materials into Arabic and disseminating information through an Arabic Web site and electronic newsletter. Discussions are also under way with universities from Morocco to Lebanon to introduce TJ to future activists, academics, and informed citizens.

 Regional Overview: MENA ICTJ Involvement in Europe Eastern Europe and the former Soviet Union Europe Northern Ireland Spain Turkey the former Yugoslavia

Closing the TJ Gap

espite Europe’s varied legacies of abuse—the Holocaust, fascism, colonialism, communism, and Top: Vukovar, Croatia, fall civil war—policies of transitional justice have been limited and sporadic. To better address the 1991. Croatian residents challenges of TJ in Europe, the ICTJ opened offices in Brussels and Geneva in 2006 to work more of Vukovar are expelled as D the city falls to Serb forces. closely with key European institutions and actors at both the regional and national levels. Photo by Ron Haviv/VII. In Turkey we are working alongside civil society actors seeking creative and durable TJ solutions to the ongoing tension between the state and the Kurdish population, and to the long-term legacy of the Armenian genocide. In Spain the Center is providing comparative and technical TJ expertise on the legacy of abuses stemming from the civil war and the Franco era. In Northern Ireland we remain engaged with a range of actors, such as the organization Healing through Remembering, which continues to work on strategies of TJ and reconciliation. We are also beginning to assess the impacts of past and present TJ policies in Eastern Europe and the former Soviet Union, where the unresolved consequences of socialism and communism are never far below the surface. The ICTJ’s largest program in Europe is in the former Yugoslavia, where prospects for EU accession and the need to demonstrate progress on rule-of-law issues continue to motivate national governments to adopt TJ measures. The scheduled closure of the International Criminal Tribunal for the former Yugoslavia in 2010 and the unresolved status of Kosovo also present new challenges to facing the past. In an effort to be comprehensive in its approach in the former Yugoslavia, the Center has prepared several groundbreaking assessments of TJ efforts at both the national and regional levels. We have also conducted tailored seminars for important state and nonstate actors, including one with the OSCE High Commissioner for National Left: London, England, Minorities, aimed at fostering February 2004. Relatives of dialogue among leaders of the people killed in Northern different ethnic communities Ireland, amid claims of in Kosovo. collusion between British security agencies and We also continue to unionist paramilitaries, support and work closely with picket in London. Photo by our longstanding TJ partners Eva-Lotta Jansson/Corbis. in the region, the Humanitar- ian Law Center (Serbia and Kosovo), the Research and Documentation Center (Bosnia- Herzegovina), and Documenta (Croatia).

Regional Overview: Europe   Some former heads of state who lost their immunity and are facing or have Prosecutions faced trial include Liberia’s Charles Taylor, Chad’s Hissene Habre, Chile’s

Feature: Prosecutions Augusto Pinochet, former Yugoslavia’s Slobodan Milosevic, Peru’s Alberto Fujimori, Iraq’s Saddam Hussein, and Cambodia’s Khieu Samphan. state headsof prosecuting Holding Leaders Accountable dent judiciary inhighly politicizeddent environments. judiciary andindepen- and thechallengeoffindinganimpartial demands for overshadowing fair-trial justice risk rights cannot beunderestimated.such trials However, public allegations means that theimportance of monitoring nificance of forcing a former president to facevictims’ munities. Theparadigmatic nature andsymbolicsig- accessibility andSierra bybothLiberian Leonean com- to TheHagueat theexpense thetrial of moving of theICTJ localwith partners, highlighted thedangers CourtSpecial for Sierra Leone in2006.Incollaboration President CharlesTaylor was handedover to the After nearly three years ofwaiting, former Liberian officials arelaw. no longerabove orbeyondthe state, emphasizingthat presidents andothersenior efforts to prosecute current andformer heads of tions Team hasincreasingly beeninvolved inseveral showed theworld in2000.OurProsecu-Milosevic the indictment offormer confront impunityhave developed significantly, as However, international andpoliticalto will law often encountered majorlegalandpolitical obstacles. committedsystemic theirrulehave crimes during Attempts to leaders holdsenior accountable for Y ugoslav Presidentugoslav Slobodan monitoring andoutreachmonitoring work. isoneoftheproducts oftheICTJ’sand thePhilippines, toand Fujimori lesser-known examples inZambia fromchronicling Latin America’s suchcases, Pinochet Habré.Hissène Theforthcoming publication ofabook successful prosecutions and againstAlberto Fujimori tolearned what from may trial be more- theHussein The Prosecutions Team hassoughtto apply thelessons regime’s thejustice with victims theydeserved. reinforce inIraq theruleoflaw andto provide the subsequent execution squandered to opportunities descent into revenge ofbothHussein’s andhis trial Iraqi HighTribunal aswellitslegalprocesses. The exposed doubtsaboutthelegitimacyof crucial information andanalysis inbothArabic andEnglish the century. TheICTJ’s provision ofindependent public of trials lenges inoneofthemostsignificant criminal inBaghdadrevealedSaddam Hussein chal allofthese The ICTJ’s of ofthetrial monitoring on-the-ground leader whomay have beenfar scene. from thecrime prosecutors to to atop try crimes linkindividual complex command structures isdifficult when In addition,proving theexistence ofremote and Photo by Pool/Getty Images. Photo byPool/Getty inthefortified Greentrial Zone his Hussein isseenincourt during Former Iraqi President Saddam Baghdad, Iraq, December 2006. - Top: The Hague, Netherlands, July 2001. Former Yugoslav president Slobodan Milosevic seated in the courtroom of the UN War Crimes Tribunal during his first appearance before the body. Photo by Jerry Lampen/AFP/Getty Images.

Left: Lima, Peru, January 2008. Former President Alberto Fujimori attends his trial at a police base. Photo by Karel Navarro/AP Photo.

The ICTJ Prosecutions Team: Restoring the Rule of Law page 22), the ICTJ turned its attention issues, through discussion papers and Criminal prosecutions play an integral to monitoring and assessing several population-based surveys (see “When role in the response to widespread or important national trials, including the the War Ends,” page 30). systematic human rights abuses. Yet, as trial of the former president of Peru, a result of factors including inadequate Alberto Fujimori, and the war crimes Conceived in early 2005 in a joint initi- trials in Serbia and Montenegro. ative by the Center and the Foundation judicial capacity and lack of political for Human Rights of South Africa, the will, domestic criminal prosecutions Besides advising and analyzing hybrid ICTJ Prosecutions Network provides have been rare. tribunals—courts that operate domes- an organized forum for practitioners tically but employ international per- to exchange investigative strategies and sonnel—in countries including Sierra legal approaches. To bolster this effort The international community has Leone, Timor-Leste, Kosovo, Cambodia, the ICTJ develops policy materials for responded with several significant and Lebanon, our Prosecutions Team practitioners and organizes conferences advances, such as the creation of the also uses its considerable experience such as “Planning for Residual Issues International Criminal Court (ICC), and expertise to affect policy. for International and Hybrid Tribunals,” ad hoc criminal tribunals, and various held in late 2006 and sponsored by the hybrid courts. The ICTJ Prosecutions Over the past two years the ICTJ pub- ICTJ, the University of Western Ontario, Team believes that used properly, lished a four-part series that analyzed and the Open Society Justice Initiative. these international justice mechanisms hybrid tribunals in Timor-Leste, Sierra can restore victims’ dignity and public Leone, Kosovo, and Bosnia-Herzegovina, The ICTJ Prosecutions Team sees confidence in the rule of law. emphasizing several policy issues with important opportunities on the broader applications. The ICTJ also horizon. In the coming months the A group of specialists in international collaborated with the Office of the Team will work on themes in criminal criminal law, human rights law, and UN High Commissioner for Human prosecution, including: mediation, the ICTJ Prosecutions Team Rights (OHCHR) on a second policy brings a remarkable range of experience study (the first was distributed in 2004). • Evaluating the regional impacts of in international legal institutions to It focuses on legacy issues, measuring domestic trials, including trials in four distinct program areas: domestic hybrid courts’ potential to positively Iraq, Lebanon, and Latin America; prosecutions, hybrid tribunals, the ICC, affect domestic legal systems. • Addressing the disturbing trend of and the ICTJ Prosecutions Network. selective prosecutions, highlighted The ICTJ Prosecutions Team attaches by the Special Tribunal for Lebanon; Since its inception the Center has played particular importance to the Interna- • Analyzing carefully what the ICC’s significant roles in both domestic and tional Criminal Court (ICC) and its principle of complementarity hybrid tribunals. It began with domes- global impact. The Team maintains means in the context of Uganda tic prosecution through initiatives such a close relationship with the ICC by and Colombia; as the Ad Hoc Human Rights Court in participating in discussions such as the • Organizing a conference on Indonesia and the Colombian Consti- Assembly of State Parties meetings and reparations in association with tutional Court. Recently, in addition analyzing important questions, includ- the ICC Trust Fund for Victims. to its involvement with the IHT (see ing complementarity and victim-related

Feature: Prosecutions   In early 2007 the ICTJ organized a conference in New York to explore the interface Security System Reform between SSR and TJ. Some 70 participants attended, including experts from the UN,

Feature: System Reform Security representatives of permanent missions to the UN, academics, and representatives of NGOs working in the fields of security, human rights, and transitional justice. reform system security Photo byFiachMolloy. soldier inWest Africa. Wall mural ofchild Can Prevent Future Abuses H oppression andconflict-related violence. citizens, especiallythevictimsofstate all of seriousabuse;andtoempower istic ofasituation marked bythelegacy a fundamental crisis oftrustcharacter- security sector’s legitimacytoovercome its responsiveness;topromote the sector todiscourage abusesand increase the institutionalintegrity ofthesecurity the following overarching aims:tobuild rity SystemReform (SSR) isguidedby A “justice-sensitive” approach toSecu- concern to theICTJ. therefore, system is, ofcentralsecurity operational foundations ofanabusive Reforming boththemakeup andthe violations. and systemic humanrights often themostresponsible for serious actors suchasarmedrebel are groups, aswellnonstate security agencies, Police, military, andothersecurity element oftransitionala critical justice. tions to promote reconstruction social is Preventing- viola future humanrights ow ow S ecurity ecurity S ystem Reform Reform ystem

“I am delighted that the ICTJ is assisting the UN DPKO on post-conflict law enforcement reform, including helping us to develop policies and procedures, provide technical support to peace operations, and train our personnel. I see this partnership with the ICTJ as an important model of cooperation in complex civilian peacekeeping. Jean-Marie Guehenno ” Under-secretary General of Peacekeeping Operations

Monrovia, Liberia, February 2007. Former members of the armed forces of Liberia and Liberian national police block a road, demanding the government pay back-wages for the years they were not paid under the Taylor regime. Photo by Christopher Herwig.

The ICTJ’s SSR team has built expertise and subsequently issuing identification Republic of Congo; and currently in several important areas of a justice- cards—clarify the specific makeup of advises Burundi on establishing and sensitive SSR approach, including vet- the security services and mark these in- implementing a census of its national ting and census and identification. stitutions’ boundaries. The process not police service. Vetting—excluding from public service only provides reliable data for future persons with serious integrity deficits— personnel reform efforts, but also stops In addition to specific country program is now widely recognized as an im- individuals from informally joining work on SSR, the ICTJ has continued portant measure of SSR in countries and departing from security agencies to strengthen its well-established part- emerging from conflict or authoritar- and allows the state to reestablish con- nership with the UN Department for ian rule. It helps reestablish civic trust, trol over the security system. It can Peacekeeping Operations (DPKO). The re-legitimize security agencies, and also contribute to building social confi- Center has assisted in developing poli- disassemble structures within which dence in the security sector and public cies, procedures, and training tools for individuals carried out serious abuses. accountability by helping the citizens reforming law enforcement agencies Little systematic attention, however, has distinguish between those authorized in peace operation settings. We have been paid to the topic and there are to use force and those who illegally developed a policy guide for conduct- broadly varied views of and approaches impersonate security agents and should ing census and identification of law to vetting. A dearth of analysis also be sanctioned. The ICTJ recently pub- enforcement officials—already adopted affects the practice of vetting. As a result, lished a tool book for practitioners on by DPKO—and are working on similar many countries emerging from conflict census and identification of security policy guides on vetting, certification, handle such processes poorly and un- system personnel after conflict. and mapping of law enforcement agen- fairly. To fill this gap the Center con- cies in post-conflict settings. The ICTJ ducted a major research project, pub- The Center’s core group of SSR experts has also provided training on a justice- lished a volume on vetting, and devel- has lent their highly specialized skills to sensitive SSR to DPKO personnel before oped operational guidelines for the field. a wide range of countries in transition, they have deployed to peace operations. including every major region where Census and identification are critical we are active, as well as other countries In early 2007 the Center organized a first steps in initiating an SSR process. where a full range of TJ options may major conference in New York to ex- Post-conflict security institutions are not yet be available. For example, the plore the interface between SSR and TJ often characterized by fluid boundaries, Center has helped the UN Mission in and to promote a constructive exchange security agents who abuse their power Haiti develop a census of the Haitian between the two communities. More and are linked to unofficial armed national police; assisted the UN Mis- than 70 participants attended the meet- groups, and criminals who continue to sion in Liberia to develop a strategy ing, including UN experts, renowned impersonate security agents illegally. to reform law-enforcement agencies academics, representatives of perma- All can perpetuate a culture of impuni- and vet their personnel; presented a nent missions to the UN, and represen- ty and abuse. Registering and verifying proposal for a census of the police to tatives of NGOs working on security, membership in the security system— the government of the Democratic human rights, and transitional justice.

Feature: Security System Reform  lessons from south africa

the right of victims to oppose their Treaty bodies, courts, individuals’ about disappeared to learn and tribunals affirmed right have Treaty persons or abuses. A truth commission reaches out to thousands of victims. It helps society insti - victims’ and publicizes stories. or denied history It also recommends contested acknowledge Post-conflict (2006). for States Rule-of-Law Tools O H C R’s From tutional and policy reforms. More than a decade since the South Afri- torturers’ applications. As a result can Truth and Reconciliation Commission of these stringent conditions, most (TRC) handed its final report to President applications for amnesty were denied. The master framework of South Africa’s Nelson Mandela, the country’s transition reconciliation policy has left complex continues to be a key reference point issues in its wake, and they need to be for transitional justice policymakers and soberly examined. practitioners around the world. Disputing the South African Legacy A Reflection Top: South Africa, 1990. In our work we have often encountered Despite the South African TRC’s clear Men cheer and celebrate a yearning for a South African model successes, over the years several facts the news of Nelson that could reconcile victims and perpe- have belied the notion that it closed the Mandela’s release from trators and replace criminal justice. This books on the past. The government’s prison. Photo by David view is steeped in problematic or self- failure to deliver the reparations policy Turnley/CORBIS. interested interpretations of South Africa’s recommended by the TRC, as well as TRC that compromise reconciliation the lack of prosecution against perpe- in the name of political expediency. trators who were not granted amnesty, has embittered victims and weakened The South African experience was not the Commission’s legacy. one of automatic forgiveness granted on a national stage to repentant perpe- The South African government rejected trators. The Commission’s operational the TRC’s recommendation of a “solidar- mandate was explicitly designed to ity tax” on businesses and high-income reject and guard against blanket amnes- individuals to fund comprehensive ties by imposing significant burdens reparations to victims. It has also op- on amnesty applicants and respecting posed several lawsuits victims brought

 Feature: Post-Involvement “The architects of transitional justice policies would pay a more appropriate homage to the South African experience by learning both from its strengths and its weaknesses. In particular, the myth that reconciliation will automatically follow from a trade-off of victims’ rights needs to be widely debunked. Eduardo González ” Deputy Director, Americas, ICTJ

South Africa, October 1998. South African President Nelson Mandela, pictured with Archbishop Desmond Tutu, acknowledges applause after receiving the Truth and Reconciliation Commission final report from Archbishop Tutu. Photo by Walter Dhladhla/AFP/Getty Images.

to courts in other countries for repara- The Danger of Sacrificing especially when they make thinly tions by businesses that profited from Victims’ Rights disguised efforts to enshrine impunity apartheid. This refusal to cooperate under a facade of truth-seeking. We has been particularly vexing in a South Africa illustrates a point the have argued strenuously against this country where—despite the transfer Center has clearly made in many misappropriation, particularly if it robs of political power—apartheid’s conse- cases: A truth commission must be victims of their voice. In this effort, the quences continue to be evident in the seen as only one component of a holis- Center has mounted constitutional economic marginalization of the great tic TJ intervention. In other words, challenges to problematic draft TRC majority of the nonwhite population. government commitments must go legislation (in Indonesia, for example), The former chair of the TRC, Arch- well beyond a commission’s limited staged global media campaigns against bishop Tutu, has openly criticized the capacity and mandate by pursuing flawed amnesty provisions (in Algeria, government’s failure to provide appropriate redress for victims, pros- for instance), and criticized what we appropriate reparations to approxi- ecuting those most responsible, and regard as disingenuous efforts (like the mately 22,000 victims identified by reforming abusive institutions. defunct TRC in the Democratic Repub- the Commission. He has stated that the lic of Congo and the joint Indonesian- TRC should have provided for immedi- Not only has the ICTJ vocally advocated Timorese “Commission of Truth and ate reparations just as it provided for effective reparations and prosecutions Friendship”). Throughout the ICTJ has immediate amnesty. in South Africa, we have also endeav- worked closely with victims’ groups ored to steer other commissions away on the ground and committed itself to Another problematic development has from designing their mandates as challenge plans for truth commissions stemmed from prosecutorial authorities replicas of the South African model, that fail to combat impunity. seeking to renew a mechanism to grant particularly where TJ is used as a conditional amnesty to perpetrators convenient tradeoff for victims’ rights. The ICTJ celebrates much of what the while failing to prosecute those orig- South African TRC accomplished—and inally denied amnesty. The TRC pre- Through established partnerships we trace some of our own institutional sented its conditional amnesty as a one- with local human rights organizations origins to it—but we strongly believe time action, balancing it with the threat we try to ensure that the legacy of any that genuine and enduring truth- of effective prosecution of those not given truth commission is not com- seeking requires much more than fully cooperating with the Commission promised by governments with no mere imitation. With the enthusiasm or deemed undeserving of amnesty. real commitment to justice. In coun- for truth commissions unlikely to South African human rights activists tries as varied as Morocco, Peru, Sierra wane, greater awareness of their real have denounced the idea of a second Leone, and Timor-Leste, the ICTJ has potential is vital. Consequently we or “back-door” amnesty, saying it would supported independent monitoring are committed to fostering genuine cheat those who participated in the TRC’s of the government’s response to a truth-seeking efforts and disseminating public hearings and rob the victims of commission’s recommendations and basic guidelines and best practices for an opportunity to oppose renewed defended its legacy against politically the implementation of truth commis- amnesty requests. The ICTJ has joined expedient equivocation. sions. The ICTJ fundamentally believes forces with South African organizations believe that a crucial lesson from South and activists who are asking the South We have also been particularly emphatic Africa is that both truth and justice for African Constitutional Court to review about commissions that claim to model past crimes are essential to a just and such prosecutorial policy. themselves on the South African TRC, peaceful future.

Feature: Post-Involvement  Our Presence

Today the Center is comprised of more functional offices in New York, Brussels, than 100 staff dispersed throughout Cape Town, Geneva, Kinshasa, and Africa, the Americas, Asia, Europe, and Monrovia, we have launched offices in the Middle East. In addition to our fully Bogotá, Dili, Jakarta, and Kathmandu. ictj spotlight

New York

Bogotá

New York

The ICTJ opened its New York headquarters in March Bogotá 2001 with a staff of 3. The global hub of the Center, it The ICTJ established an office coordinates 8 international in Bogotá in 2006. offices as well as country, regional, research, and policy- Working with the National makers’ programs, including Reparations and Reconciliation courses, workshops, and events Commission, the ICTJ has at the nearby United Nations. held numerous consultative Present involvement Assessment for future work meetings with the Commission Past work Americas Currently employs staff of 58. and victims’ groups in the country. Europe Currently employs staff of 19. MENA

Africa

Asia

 Spotlight: ICTJ Presence Brussels

In May 2006 the Center Geneva opened an office in Brussels. It The ICTJ has opened a Geneva works to deepen engagement office in order to work more with the European Union, Beirut European governments, and closely with the UN human key institutions, such as the rights mechanisms and In the coming months the ICC, the ICTY, the OSCE, and other key institutions there. Center will deepen its engage- the Council of Europe. The Geneva staff works ment in Lebanon and the with many policymakers, region by opening an office Currently employs staff of 5. government representatives, in the heart of Beirut. and academics active in the field of transitional justice. Work with Lebanese civil society groups, the media, Currently employs staff of 2. academics, policymakers, officials, and other actors will strengthen and increase awareness of TJ issues in the country and beyond.

Brussels

Geneva

Beirut Kathmandu

Monrovia

Kinshasa Jakarta Dili

Dili and Jakarta

Cape Town Recently established offices in Dili and Jakarta will focus on accompanying the grow- Cape Town Kinshasa Monrovia ing trend of challenging impunity in the region. The office opened in 2004 to Active in the DRC since 2003, In early 2006 the ICTJ promote TJ and serve as a the ICTJ opened an office in deepened its engagement Currently employ staff of 5. regional hub for meetings Kinshasa in 2005. It has pro- with Liberia by opening its with ICTJ stakeholders. vided critical comments on doors in Monrovia. Kathmandu draft TRC legislation and held The office holds the ICTJ workshops on transitional The Center’s staff has con- In early 2008 the ICTJ will Fellowship Program, serving justice in Kinshasa and eastern ducted intensive meetings launch a program office in human rights practitioners DRC with local civil society with the TRC, civil society, Kathmandu to further build and civil society representa- groups, the UN Mission in the and government actors. our presence in Asia. tives from the region. DRC, and international NGOs. Currently employs staff of 3. Currently employs staff of 2. Currently employs staff of 5. Currently employs staff of 3.

Spotlight: ICTJ Presence  The ICTJ’s Engagement with the UN and the EU

The United Nations taining to accountability issues, which Since 2001 the ICTJ has actively engaged led the secretary-general to update his with the United Nations, offering our guidelines in 2006, raising the bar for unique expertise on the evolving field stronger accountability mechanisms to of transitional justice through work- become integral components of efforts shops for UN staff, focused retreats to promote both peace and justice. for senior officials, and targeted inter- ventions on key policy questions. As In 2006 and 2007 the ICTJ focused TJ has gained traction in the interna- closely on the UN Peacebuilding tional human rights arena, our work Commission as it was developing its has become increasingly relevant across substantive plans and structure. The a broad spectrum of UN institutions: Center made presentations at several ictj spotlight becoming as useful to peace negotiators Commission sessions in New York, as to human rights monitors and as vital offering suggestions for a framework by to those establishing tribunals as to which TJ issues could be prioritized as specialists in gender, children, and devel- central to any peacebuilding agenda. opment. Given the UN’s global scope and reach, this relationship has only Most recently the Center was asked by become more important over time. the UN Office of the High Commis- sioner for Human Rights to write a In 2005 the Center co-organized a number of the papers for its series on targeted meeting for key UN staff and “rule-of-law tools for post-conflict several NGO partners to consider and states”—a new volume of international comment on the UN guidelines per- standards for post-conflict situations.

Strasbourg, France, 2006. The Palais de l’Europe, the seat of the European Council. Photo The Importance of by Murat Taner/Getty Images. Communicating Justice

The ICTJ believes that everyone living out any systematic outreach campaigns. in a transitional society should be This prompted concern among victims’ informed about and given the oppor- groups, NGOs, and other affected tunity to participate in justice-seeking populations that felt uninformed and processes. The efficacy of transitional even shut out of the most important justice depends greatly on the active, accountability initiatives in the 1990s. informed participation of all stake- The problem was compounded by the holders, and this in turn requires access location of both tribunals far from the to accurate and detailed information places where the atrocities took place about all available options. and where the victims lived. With time both institutions realized they needed to TJ institutions often neglect to include devote adequate attention and resources outreach to the general public as a to outreach to ensure that justice was crucial component of their work. For both done and seen to be done. example, the International Criminal Tribunals for Rwanda and the former Subsequent truth commissions and Yugoslavia both began operating with- tribunals, including the International

uganda: hearing victims’ voices

After more than 21 years of violent conflict and widespread displacement, many Northern Ugan- dans are looking forward to peace, according to “When the War Ends,” a report released in December 2007 by the ICTJ and the Berkeley-Tulane Initiative on Vulnerable Populations. The “When the War Ends.” ICTJ Report, December 2007 report, based on a survey of nearly 3,000 Ugandans, highlights the beliefs of respondents about transitional justice in their country and makes comprehensive recommendations for policy- makers in Uganda’s post-conflict era, including options for accountability, reconciliation, and adequate support for lasting peace.

 Spotlight: ICTJ Impact New York, September 2006. The General Assembly hall at United Nations headquarters. Photo by Mary Altaffer/AP Photo.

ICTJ staff authored sections pertaining to truth commissions, prosecution initiatives, reparations, and vetting.

The European Union The European Union has arguably become one of the world’s most important multilateral institutions in the fields of human rights and conflict resolution. Not only does the EU itself aspire to do more in these areas, but it is increasingly called upon by others to play a leading role in transitional contexts and peacebuilding. Yet until recently the EU has tended to remain behind the UN in terms of its aware- built a constructive partnership with actors in a way that ensures the ness and use of TJ at policy and opera- many key EU actors in the Commis- application of best practices in the tional levels. Fortunately, this has sion, Council, and Parliament, as well field. Because the ICTJ and the EU begun to change, especially as aware- as with the vibrant community of share a commitment to the same ness of the theory and practice of this EU-focused human rights and conflict core values—human rights, demo- field has increased at the EU level. resolution NGOs and think tanks in cracy, and the rule of law—we are For our Brussels office in particular, Brussels. The future challenge is to convinced that the EU is poised to developing our relationship with the deepen our operational collaboration make significant contributions to EU is an institutional priority. We have with the different institutions and the advancement of TJ globally.

The Importance of Communicating Justice

Criminal Court (ICC), have confronted all the structures necessary to carry out where we work, the Center strives the same challenge and benefited these critical activities. to play an active role in improving from the lessons of their predecessors. the quality and quantity of TJ cover- The Special Court for Sierra Leone Because the ICTJ recognizes that the age. Through targeted outreach and (SCSL), for example, implemented communications media is often the advice from our communications sophisticated public information and primary—and sometimes only—source department and media training media relations strategies and set up of public information in the countries activities by our in-country staff, we provide customized assistance reporting transitional JUSTICE to truth commissions, courts, and local partners on media relations The ICTJ and the BBC World Service Trust (WST) are collaborating on a and public outreach issues. In two-year project to train journalists on TJ and journalism issues in five the past two years we have assisted post-conflict countries: Burundi, the Democratic Republic of the Congo truth commissions on issues of (DRC), Liberia, Sierra Leone, and Uganda. transparency and outreach in Ghana, Greensboro (USA), Liberia, The ICTJ has worked with the BBC to develop resource and training ma- Morocco, Peru, Sierra Leone, and terials tailored to the challenges and needs of each country. They include Timor-Leste. We have provided sim- course materials and a 75-page handbook for journalists geared toward ilar assistance to courts, including explaining the local relevance of TJ issues to non-expert audiences. By the Iraqi High Tribunal and the ICC. late 2007, our country experts conducted three-week training programs for journalists and editors in Liberia and Sierra Leone, to be followed by training sessions in Burundi, DRC, and Uganda in As TJ becomes ever more relevant 2008. Each session is preceded and followed by a national survey to gain a better understanding around the world, we are committed of the population’s knowledge of and attitudes toward transitional justice. By ensuring the con- to deepening our expertise in and tinuing commitment of journalists and their editors, this project is designed to raise public aware- commitment to public outreach. ness and understanding to shape the way citizens reckon with the past and build a better future. Communicating Justice is supported by the European Commission, the Dutch government, and Humanity United. For more info, visit www.communicatingjustice.org. Left in box: Photo by Thomas Morley.

Spotlight: ICTJ Impact  Staff Publications, Books, Awards: A Selection

pablo de greiff Books Book Chapters 1. (Co-editor with María Herrera) 1. “Vetting and Transitional Reparation for Victims of Gross Las Razones de la Justicia (Fest- Justice,” in Justice as Prevention. and Systematic Human Rights schrift for Thomas McCarthy) Violations, K. de Feyter, (México, DF: UNAM, 2006). 2. “Justice and Reparations,” in S. Parmentier, M. Bossuyt, and The Handbook of Reparations. P. Lemmens, eds. (Brussels: 2. (Editor) The Handbook of Intersentia, 2006). Reparations (Oxford: Oxford 3. “Repairing the Past: University Press, 2006). Compensation for Victims of 5. “Truth Telling and the Rule Human Rights Violations,” in of Law,” in Telling the Truths, 3. (Co-editor with Alexander The Handbook of Reparations. Truth-Telling and Peacebuilding publications Mayer-Rieckh) Justice as Preven- in Post-Conflict Societies, Tristan tion: Vetting Public Employees 4. “The Trust Fund for Victims Anne Borer, ed. (Notre Dame, in Transitional Societies (New of the International Criminal Ind.: University of Notre Dame York: Social Sciences Research Court: Between Possibilities and Press, 2006). Council, 2007). Constraints,” in Out of the Ashes.

mark freeman

Book Award Articles Truth Commissions and Procedural 2006 American Society of 1. “Africa y sus comisiones de la Fairness (New York: Cambridge International Law Certificate verdad y reconciliación,” Hechos University Press, 2006). of Merit for Truth Commissions de Callejón 31, http://indh.pnud. and Procedural Fairness. org.co/files/boletin_hechos/ Especial_Africa.pdf (2006).

2. (With J. Saini) “TJ and Civil Soci- ety,” http://www.suedosteuropa- gesellschaft.com/mitteilungen/ summaries/summaries_01_07.Pdf.

priscilla hayner

Awards Reports 1. Human Rights Award, Minne- 2. “Truth Commissions,” in New 1. “Negotiating Peace in Liberia: sota Advocates for Human Rights. Encyclopedia of Africa, Vol. 5, Preserving the Possibility John Middleton and Joseph for Justice” (Geneva: Centre 2. Outstanding Alumni Award, C. Miller, eds. (Detroit: Charles for Humanitarian Dialogue and Earlham College. Scribner’s Sons, 2008), 105–06. ICTJ, 2007).

3. “Varieties of Justice,” in The 2. “Negotiating Peace in Sierra Articles and Book Chapters Day after Mugabe: Prospects for Leone: Confronting the Justice 1. “Truth Commissions: Change in Zimbabwe, Gugulethu Challenge” (Geneva: Centre A Schematic Overview,” Moyo and Mark, Ashurst, eds. for Humanitarian Dialogue and International Review of (London: Africa Research Institute, ICTJ, 2007). the Red Cross, June 2006. 2007), 199–205.

 Staff Publications, Books, Awards alex loden hanny megally Article Fellowship Book Chapter “Civil Society and Security Visiting Research Fellow, “Human Rights in the Arab (Philadelphia: University of Sector Reform in Postconflict the Unit for Global Justice, World: Reflections on the Chal- Pennsylvania Press, 2007). Liberia: Painting a Moving Department of Sociology, lenges Facing Human Rights Train without Brushes,” Inter- Goldsmiths College, University Activism,” in Human Rights national Journal of Transitional of London, February 2007. in the Arab World, Anthony Justice 1 (2007): 297–307. Chase and Amr Hamzawy, eds. briony macphee Juan E. mÉndez Book Chapter Award Book Chapter “The International Criminal in World Politics, John T. Doctor Honoris Causa, “Lessons Learned,” in Victims Court: A Case for Conservatives,” Rourke, ed., 13th ed. University of Quebec at Unsilenced: The Inter-American in Taking Sides: Clashing Views (McGraw-Hill/Dushkin, 2007). Montreal, June 2007. Human Rights System and Transitional Justice in Latin lisa magarrell America (Washington, D.C.: Due Process of Law Foundation, Books 2007). 1. (With Julie Guillerot) Criminal Justice in the Reparaciones en la transición Peruvian Transition kelli muddell peruana. Memorias de un (New York: ICTJ, 2006). Article proceso inacabado (Lima: Asociacion Pro Derechos 3. (Co-edited with Leonardo “Capturing Women’s Experi- on Symposium on Gender, War Humanos–APRODEH and Filippini) El Legado de la ences of Conflict: Transitional and Peace: Women’s Status in ICTJ, 2006). Verdad. La justicia penal Justice in Sierra Leone,” the Wake of Conflict, Michigan en la trancisión peruana Michigan State Journal of Inter- State University College of Law, 2. (Co-edited with Leonardo (New York: ICTJ, 2006). national Law 15 (2007), Issue February 24, 2006. Filippini) The Legacy of Truth: miranda sissons alexander mayer-rieckh Articles Books 1. (With Ari S. Bassin) 2. (With Marieke Wierda) 1. (With Arezou Azad and 2. (Co-edited with Pablo de “Was the Dujail Trial Fair?” Dujail: Trial and Error? ICTJ, Serge Rumin) Census and Iden- Greiff) Justice as Prevention. Journal of International http://www.ictj.org/Images/ tification of Security System Vetting Public Employees in Criminal Justice 5 (2007). content/5/9/597.pdf (2006). Personnel after Conflict. A Tool Transitional Societies (New Book for Practitioners (New York: Social Science Research paul van zyl York: ICTJ, 2007). Council, 2007). Fellowship TED Global Fellow, TEDGlobal Book Chapters 2007, “Africa: The Next Chapter,” 1. “Vetting to Prevent Future 2. “Réforme du Système de Arusha, Tanzania. Abuses: Reforming the Police, Sécurité et Procédures de Courts, and Prosecutor’s Office Vérification et de Filtrage de in Bosnia and Herzegovina” la Fonction Publique,” in La and “On Preventing Abuse: Justice Transitionelle dans le Vetting and Other Transitional Monde Francophone: Etat des Reforms,” in Justice as Lieux, Mô Bleeker, ed. (Berne: Prevention. Swiss Federal Department of Foreign Affairs, 2007).

Staff Publications, Books, Awards  Financials

Statement of activities (With comparative totals for 2006) Year ended March 31 2007 007 007 006 Temporarily Unrestricted restricted Total Total

Revenues and Support: Grant income $3,640,604 $10,290,517 $13,931,   $11,685,622 Contributions 78,893 – 78,89 8,679 Interest income 2 8,728 – 8,728 8,105 financials Net assets released from restrictions  ,103,793 (11,103,793) – – Total Revenues and Support 5,062,018 (813,276) 4,248,74  ,852,406

Expenses: Program services 8,672,488 – 8,672,488 5,884,244 Supporting services: Management and general ,216,873 – ,216,87 ,439,622 Development 463,442 – 463,44 94,859 Total Supporting Services ,680,315 – ,680,315 ,834,481 Total Expenses  ,352,803 –  ,352,803 7,718,725

Change in Net Assets Before foreign translation loss ,709,215 (813,276) ,895,939 4,133,681 Foreign translation gain (loss) 1,432,456 – ,432,456 (91,998) Change in Net Assests 5,141,671 (813,276) 4,328,395 4,041,693 Net Assets, Beginning of Year 3,929,456 5,449,728 9,379,184 5,337,491 Net Assets, End of Year $9,071, 7 $4,636,452 $13,707,579 $9,379,184

The surplus in Total Net Assets as of March 31, 2007, includes a designated reserve of $1,100,000. Substantially all of the remainder consists of funds to be used in budgeted programs in the two-year period ending March 31, 2009.

 Financials Statement of financial position (With comparative totals for 2006) March 31 2007 2006

Assets Cash and cash equivalents $7,519,856 $6,561,334 Contributions receivable 50,000 ,488,095 Grants receivable 5,462,630 ,337,350 Accounts receivable 58,005 – Prepaid expenses and other assets 591,062 544,332 Fixed Assets, net 663,   92,384 Total Assets 14,644,864 10,223,495

Liabilities and Net Assets Liabilities: Accounts payable 691,5  536,734 Accrued payroll and related liabilities 48,443 44,399 Deferred rent 97,330 63,178 Total Liabilities 93 7,28 5 844,  

Commitments Net Assets: Unrestricted 9,071, 7 ,929,456 Temporarily restricted 4,636,452 5,449,728 Total Net Assets ,707,579 9,379,184 Total 14,644,864 10,223,495

These are excerpts from our audited financial statements. You may obtain a full copy of the financial statements from International Center for Transitional Justice, 5 Hanover Square, 24th Floor, New York, NY 10004. Attn: Finance Department.

Financials  Supporters

Foundations and Other Organizations Governments Anonymous (1) Canadian International Development Agency Andrus Family Fund Canada Department of Foreign Affairs Atlantic Philanthropies (USA) Inc. and International Trade Heinrich Boell Foundation Permanent Mission of Denmark to the UN The Compton Foundation European Commission, Brussels FJC Foundation of Donor Advised Funds European Commission, Bogotá The Ford Foundation Finland Ministry for Foreign Affairs Horace W. Goldsmith Foundation Finland Embassy, Pretoria Humanity United Institut fur Auslandsbeziehungen International Development Research Centre Irish Aid JEHT Foundation Japan International Cooperation Agency The John D. and Catherine T. MacArthur Foundation Permanent Mission of Liechtenstein to the UN Mary McDowell Center for Learning Luxembourg Ministry of Foreign Affairs Charles Stewart Mott Foundation Permanent Mission of Luxembourg to the UN The New York Community Trust Netherlands Ministry of Foreign Affairs The Oak Foundation Netherlands Embassy, Kabul Open Society Institute Norwegian Ministry of Foreign Affairs Organization for Security and Co-operation Spain Ministry of Foreign Affairs and Cooperation in Europe Swedish International Development Agency Rockefeller Brothers Fund Swedish Ministry for Foreign Affairs The Philanthropic Collaborative Swiss Agency for Development and Cooperation The Sigrid Rausing Trust Swiss Federal Department of Foreign Affairs The Tinker Foundation UK Department for International Development UNDPA - Department of Political Affairs UK Foreign and Commonwealth Office

Individuals Gifts in Kind supporters / board of directors Anonymous (6) Clifford Chance Dr. Stephen Alderman The Greentree Foundation Nicole Ball Geneva Center for the Democratic Control Charles Blank of Armed Forces Judge Richard Goldstone Alexander Papachristou Matthew Harb Third Millennium Charitable Foundation Michael Hirschhorn and Jimena Martinez United Nations Department of Erin Kelly Peacekeeping Operations Peter Lewis Taiwan Embassy, Pretoria Vincent and Anne Mai Kati Marton The Honorable Donald F. McHenry Joyce Munn James Ottaway Bernard Piel Rabbi Regina Sandler-Phillips Lori Silverberg Carol Skyrm Richard Van Nostrand The ICTJ is grateful to the Victoria Teerlink organizations, governments, James Worth and individuals who supported Valerie Renee Zavala its activities.

Support period from April 1, 2005, through March 31, 2007

 Supporters Board of Directors

Alex Boraine, Vincent Mai, Kofi Appenteng Harvey P. Dale Siri Frigaard Chairperson Vice Chairperson Partner, Thacher Proffitt University Professor of Chief Public Prosecutor, Global Visiting Professor Chairman, & Wood LLP Philanthropy and the Law Norwegian National of Law, Hauser Global AEA Investors, Inc. and Director, National Authority for Prosecution Law School Program, Center on Philanthropy of Organized and Other New York University and the Law, New York Serious Crime School of Law University. Founding Pres- ident and Director, The Atlantic Philanthropies

Yash Pal Ghai John Githongo Richard Goldstone Emmanuel David A. Hamburg, M.D. Special Representative Senior Associate member Former Justice, Gyimah-Boadi President Emeritus, of the Secretary-General of St Anthony’s College, Constitutional Court Executive Director, Carnegie Corporation for Human Rights in Oxford University. of South Africa Ghana Center for Demo- of New York. Cambodia. Head, Visiting Fellow, IDRC, cratic Development. DeWitt Wallace Constitution Advisory Ottawa, Canada Professor, Department Distinguished Scholar, Support Unit, United of Political Science, Weill Cornell Medical Nations Development University of Ghana College Program, Nepal

Alexis Keller Kati Marton Donald F. McHenry Ken Miller Samantha Power Professor of history Author. Director and Former U.S. Permanent Senior Advisor, Lehman Founding Executive of legal and political Former Chair, Committee Representative to the Brothers. CEO and Director, Carr Center for thought at the Faculty to Protect Journalists. United Nations. Distin- President, Ken Miller Human Rights Policy, of Law, University Former Chair, Interna- guished Professor in the Capital, LLC . Anna of Geneva tional Women’s Health Practice of Diplomacy, Lindh Professor of the Coalition Georgetown University Practice of Global Leader- School of Foreign Service ship and Public Policy

Minna Schrag Theodore C. Sorensen José Zalaquett Retired Partner, Retired Partner, Paul, Professor of Human Proskauer Rose LLP. Weiss, Rifkind, Wharton Rights, Law School of Former Senior Trial & Garrison the University of Chile Attorney, International The ICTJ gratefully acknowledges the Criminal Tribunal for contributions of Dr. Luc Huyse, member the former Yugoslavia of the Board of ICTJ Brussels.

Board of Directors  All of Us

Executive

Juan E. Méndez Paul van Zyl Peter Cobb President Executive Vice President Vice President, Administration Lorraine Belgrave Allison Kahn and Finance Executive Assistant to President Executive Assistant to Heather Pensack staff Executive Vice President Assistant to the Vice President

Africa Program

Suliman Baldo Olivier Kambala Alpha Fall Director, Africa Program Program Associate, Africa Senior Associate (2005—2007) Lizzie Goodfriend Abdul Tejan-Cole Program Associate Acting Director (2006—2007) Monrovia Program Office Jacky Viglino Lansana Gberie Cape Town Office Administrative Assistant Head of Office Comfort Ero Paul James Allen Director, South Africa Office and Kinshasa Program Office Program Associate Deputy Director, Africa Program Laura Davis Alex Loden Paddy Clark Senior Associate Program Associate (2006—2007) Program Administrator, Aaron Weah Office Manager Program Assistant

Americas Program

Marieclaire Acosta Mauricio Romero Martha Maya Director, Americas Program Historical Memory Coordinator Justice Assistant Eduardo González Natalia Murillo Lily Rueda Deputy Director, Communications Coordinator Justice Assistant Americas Program Camilo Bernal Juan Carlos Gardeazábal Blaz Gutiérrez Justice Consultant DDR Assistant Program Assistant Lina Céspedes Catalina Uprimny Gender Consultant Truth-Seeking Assistant Bogotá Program Office Ana Lyda Campo Juliana Díaz Javier Ciurlizza Adminsitrative Coordinator Communications and Director, Colombia Program Estefanie Robertson Events Assistant Catalina Díaz Assistant to the Director Esperanza Carrión Reparations Coordinator Maria Angélica Zamora Finance Assistant Michael Reed Reparations Assistant Jeimmy Patiño Justice Coordinator Carlos Lozano Receptionist Reparations Assistant Pablo Prada Webmaster

Asia Program

Patrick Burgess Dili Program Office Samsidar Director, Asia Program Manuela Pereira Program Associate, Aceh Fatima Ayub Program Associate Consultant, Afghanistan Megan Hirst Kathmandu Program Office Sari Kuovo Program Associate Carla Fajardo Consultant, Afghanistan Transitional Justice Specialist, Patrick Pierce Nepal Jakarta Program Office Consultant, Burma Warisha Farasat Galuh Wandita Program Associate, Nepal Head, Jakarta Office Tita Program Assistant, Jakarta

 Staff Europe Program geneva office

Dick Oosting Brussels Office Sonia Herrero Priscilla Hayner Director, Europe Program Mark Freeman Development and Director, Geneva Office/Peace Bogdan Ivanisevic Director, ICTJ Brussels EU Affairs Manager and Justice Program Consultant, Balkans Laurence Evrard Dorothée Marotine Marie-Laure Schaerer Office Coordinator Program Associate Program Assistant

Middle East and North Africa Program

Hanny Megally Lynn Mallouf Anne Massagee Miranda Sissons Director, MENA Consultant, Lebanon Consultant, Israel/Palestine Deputy Director Lilia Bellahsene Habib Nassar Program Assistant Senior Associate

Thematic Programs

Graeme Simpson Helen Scanlan Thomas Unger Security System Reform Director, Thematics Program Coordinator, Africa Program Associate Alexander Mayer-Rieckh Briony MacPhee Gender Program Head of Program Program Administrator Reparations Marina Caparini Samar al-Bulushi Prosecutions Lisa Magarrell Deputy Head of Program Consultant Marieke Wierda Head of Program Arezou Azad Head of Program Ruben Carranza Consultant Gender Cecile Aptel Senior Associate Roberto Resmini Vasuki Nesiah Senior Program Fellow Cristian Correa Consultant Head of Program (2001—2008) Richard Bailey Senior Associate Serge Rumin Kelli Muddell Program Assistant Virginie Ladisch Consultant Gender Specialist Caitlin Reiger Program Associate Laila Pedro Deputy Head of Program Chloe Poynton Program Assistant Program Assistant

Policymakers and Civil Society research ICTJ Productions

Louis Bickford Gregor Nemitz-Ziedie Pablo de Greiff Bruni Burres Director, PCSU Program Assistant Director, Research Executive Producer Samantha Hinds Ana Patel Paige Arthur (April 2008) Program Assistant/Internship Deputy Director, International Deputy Director David Jammy Coordinator Policymakers Program Roger Duthie Executive Producer Patricia Karam Nadia Selim Program Associate (June 2008) Deputy Director, Program Assistant Debbie Sharnak Capacity Building (2005—2007) Program Assistant Nisma Zaman Media and Materials Producer

development communications administration and finance

Carol Skyrm Robert Ruby Marina Carpova Andrei Ralko Director, Development Director of Communications Accountant Controller Erik Detiger Suzana Grego Ilona Khaytsis Edward Torres Deputy Director Director of Communications Accountant Office Coordinator/ Amy Hunter (2003—2007) Jim McGarry Receptionist Director of Strategic Initiatives Veerle Opgenhaffen Director of Finance Wambui Waweru Dawn Page Communications Associate (2002—2007) Travel Coordinator Development Manager (2005—2007) Tim O’Shea Sharlene Williams Alexandra Rizio Kasia Reterska Manager, Information Manager, Human Resources Development Assistant Communications Associate Technology

Staff as of March 2008

Staff  ICTJ Productions

In 2008 the ICTJ will launch ICTJ Brings Transitional Productions, a new initiative to use Justice to the film, television, and the Internet to tell the stories of individuals and Big Screen nations coming to terms with an last word abusive past. By opening our work to a vibrant multimedia forum, we hope to highlight stories of victims and survivors—as well as perpetra- tors and bystanders.

With our unique lens on the field, we aim to offer fascinating insights into how nations struggle to over- come a legacy of abuse and to tell the stories of remarkable individuals grappling with complex and provoca- tive dilemmas, asking some of the most difficult questions atrocity and oppression pose to those left in their wake: Is it possible or desirable to forgive? Who bears ultimate responsibil- ity for crimes against humanity: the trigger-pullers, the masterminds, the financiers, or the silent bystanders? Is amnesia better than revenge? Why are truth commissions and trials emerging in the wake of so many conflicts? Can reparations ever compensate for the death of a loved one? How does a society respond to an era in which the secret police compiled files on everyone and collaboration was widespread? Jammy will be joined by Co-execu- tive Producer Bruni Burres, who To lead this enormously exciting has been the director and program- new venture, the Center has been mer of the Human Rights Watch fortunate to attract David Jammy International Film Festival for more to the position of executive producer. than a decade, as well as senior A native South African and seasoned consultant to the Documentary anti-apartheid activist and multime- Fund at the Sundance Institute, dia producer, Jammy has made his where she helped broaden the mark on socially conscious television range of human rights themes and film, garnering critical acclaim explored at the Sundance Festival. in South Africa and around the globe. He will be relocating to the The ICTJ is thrilled by this new ICTJ’s New York headquarters in direction for our work and inspired mid-2008, after finishing his work by the impending arrival of this at the company he co-founded and talented duo, who we are sure will currently runs, Curious Pictures— transform the world’s perceptions of which won 12 awards at the 2006 transitional justice by drawing on a South African Film and Television highly informed base: our own experts, Awards, more than any other pro- partners, and the civil society groups duction company. throughout our vast network.

 Last Word Design: Designlounge, New York Advise mediatorsAdvise andpeacemakers Document violations through truth Understand dynamicsbetween commissions andotherefforts Provide reparations to victims Reform abusive institutions ICT children to advance justice by removing humanrights abusers fromabusers publicoffice justice andpeacebuilding Promote reconciliation in Construct memorials and Construct memorials of abuse onwomenof abuse and J Thematic Approaches the memory ofthepast the memory Understand theeffects criminally accountablecriminally museums tomuseums preserve Institutional R divided communitiesdivided Peace andJustice Hold perpetrators in theR T ruth-seeking Prosecutions R emorials Memorials eparations Gender egions eform  ” “ work alwayskeeps usinnovative. thematic and regional our of tion In thiswaytheinteractive organiza- with whomwe are privilegedto work. those of practice best the on based knowledge of evolution global truly a ideas, and of cross-fertilization regions,facilitating comparison, between boundaries these cross to designed are programs thematic Our creative comparisons andlearning. inhibit not does work country our of organization regional the that ensure justice.must Towe this sitional do tran- knowledgeinthefieldof global into experience local translate helps approach our partners, our with and from learn to commitment this by Driven exchanges. South/North and South/South through learning to commitment our from stems bution The richnessoftheICTJ’s contri- Our Regional Directors

ICTJ Director, Thematic Programs Graeme Simpson

Our Regional Directors Americas Director Europe Director MENA Director mariclaire acosta dick oosting hanny megally Mariclaire Acosta’s Dick Oosting Hanny Megally distinguished back- brings more than has more than ground includes three decades of 30 years’ experi- founding three experience in ence in the field human rights organ- NGOs and govern- of human rights izations in her native Mexico, serving ment to the ICTJ. His background in the Middle East and North Africa. as Under-secretary of Foreign Affairs includes leadership positions with He has held senior positions with for Human Rights under former Presi- Amnesty International (most recently Amnesty International, the Ford dent Vicente Fox, and acting as senior heading its EU office), the Dutch child Foundation’s social justice program, adviser to the Secretary-General of the protection service, and the Dutch and Human Rights Watch. Organization of American States. Refugee Council.

Africa Director Asia Director suliman baldo patrick burgess Suliman Baldo is a A lawyer with a widely recognized background in hu- expert on transi- manitarian emer- tional justice issues gency programs, in Africa. His range Patrick Burgess has of experience includes positions with worked with UNTAET and UNMISET the University of Khartoum, Oxfam in East Timor, the Commission for America, Human Rights Watch, Reception, Truth and Reconciliation and the International Crisis Group. of East Timor, and the Indonesia– Australia Legal Development Facility. New York Cape Town Jakarta 5 Hanover Square, 24th Fl. G-06 Twickenham Wisma Aria, Unit 105 New York, NY 10004 Brookside Office Park Jl. HOS Cokroaminoto No 18 Tel +1 917 637 3800 11-13 Lansdowne Road Menteng Fax +1 917 637 3901 (23rd Floor) Claremont 7700, Jakarta 13010, Indonesia Fax +1 917 637 3900 (24th Floor) Cape Town, South Africa Tel and Fax +62 21 3914864 Tel + 27 21 674 0448 Bogotá Fax +27 21 674 0444 Kinshasa Carrera 5 67-01 Immeuble Botour Bogotá, Colombia Geneva 8eme etage Tel +57 1 345 0046 Rue de Varembe # 1 Aves Lwambo Makiadi 5th Floor et Colonel Ebeya Brussels CH-1202 Geneve 1 Gombe, Kinshasa, DR Congo 11 Bischoffsheim Boulevard Switzerland Tel +243 810 155 080 8th Floor, B-1000, Brussels Tel +41 22 741 7787 Belgium Fax +41 22 741 7796 Monrovia Tel + 32 2 227 6140 Old CID Road Fax + 32 2 227 6148 Mamba Point Monrovia, Liberia