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International actors and traditional justice in Sub-Saharan Africa :policies and interventions in transitional justice and justice sector aid
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Due to a number of important differences between transitional justice and justice sector aid, this book explored how international actors address ‘traditional justice’ in these fields in two distinct parts, which has led to separate analyses. Justice sector aid is often part of broader development cooperation programmes, which may or may not take place in a ost-conflict country. Transitional justice processes are part of conflict-related international interventions, such as peacebuilding programmes, which are often implemented before the wheels of more longterm development cooperation programmes are set in motion. Chronologically speaking, both kinds of programmes – support for transitional justice and justice sector aid – often do not run parallel, although there can be overlaps. It also turns out that the international actors are not necessarily the same. Although in principle the same donor countries are involved, justice sector aid is often provided by bilateral or multilateral development organisations, while transitional justice interventions are more often – but certainly not exclusively – initiatives of specific agencies aimed at post-conflict reconstruction, which are established by several donor countries. Although respect for human rights is heavily emphasised in both domains, policy and interventions regarding transitional justice also need to take international norms regarding the criminal prosecution of international crimes into account. In spite of these differences, this concluding chapter formulates a number of mutual findings and recommendations. First, it discusses common elements at the level of policies, then it identifies a number of trends regarding interventions, and finally it examines the way in which linternational actors handle the tension between traditional justice and human rights.
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... Son diversos los actores nacionales e internacionales que jugaron un papel crucial en la implementación de la justicia transicional en África subsahariana. Estos actores fueron el soporte de las iniciativas de justicia transicional en el marco de muchos esfuerzos realizados para la reconstrucción del posconflicto (Brems, Corradi y Schotsmans, 2015). Esta no es una cuestión en la que los actores nacionales e internacionales tengan un comportamiento "neutral", por el contrario, el impacto político que tienen −de forma directa o indirecta− en las diversas relaciones legales y la forma en que las condiciones bajo las cuales las personas pueden hacer uso de sus derechos fundamentales deja por fuera del contexto cualquier marco jurídico y normativo (Wojkoska y Cunningham, 2010). ...
... De aquí se colige que, ante tal diversidad del ordenamiento jurídico africano, la intervención de los diversos actores en los procesos de justicia transicional no resulta pacifica en forma alguna, máxime cuando la intervención de estos actores (como lo es en el caso de los actores internacionales) tiene un fuerte componente de ayuda financiera para tal propósito (Brems, Corradi y Schotsmans, 2015). ...
... La justicia tradicional en África es percibida como una dualidad en la que, de un lado se encuentra el hecho de que la intervención de los actores sea efectiva y, del otro, que tal intervención está sometida a múltiples desafíos relacionados con políticas internacionales, derechos humanos y aspectos políticos de orden nacional e internacional que deben ser considerados (Brems, Corradi y Schotsmans, 2015). ...
El presente trabajo aborda las experiencias de justicia transicional en América del Sur, América Central, Europa, África y Asia a fin de extraer aportes que sean aplicables a la justicia transicional en Colombia. Para ello, mediante una metodología exploratoria, descriptiva y analítica, se hace un acercamiento al concepto de justicia transicional y se describen las experiencias de cada una de estas regiones para resaltar que muchas de ellas se han preocupado por establecer medidas no judiciales en las que prima la verdad sobre la justicia, también hay otros casos en los que se han centrado en establecer medidas judiciales en las cuales prima la justicia y el resarcimiento a la víctima. Una vez analizadas estas experiencias se da respuesta a la pregunta de investigación: ¿Cuáles son los aportes de las experiencias de justicia transicional de otras regiones a la justicia transicional en Colombia? Se concluye que Colombia debería respetar los estándares internacionales, los derechos humanos y garantizar el reconocimiento de los derechos a las víctimas para lograr una paz estable y duradera.
... The religious and cultural leaders have argued that the ICC approach to justice and peace was harshly retributive and unfair than restorative as desired for peaceful co-existence after such a prolonged violent conflict that engulfed the whole Acoliland and destroyed its moral fibres, impoverished the region and turned the people into beggars (BIRD et al., 2010;BRANCH, 2009). Traditional means of justice and reconciliation have been exercised in Rwanda, Sierra Leone, Mozambique and Liberia with varying extent of successes (BABATUNDE, 2014;KOKO, 2019;RETTIG, 2008;SCHOTSMANS, 2015). The Gacaca of Rwanda is reputed by some scholars for promoting half-truths, lies, concealment of truths and sowing fear among survivors, thereby deepening resentment and ethnic disunity (KUBAI, 2007;RETTIG, 2008). ...
There are suggestions to adopt Mato Oput as a way to bring about reconciliation in northern Uganda; however, there are limited data on the processes and events that lead to Mato Oput. The aim of this study was to describe the processes that lead to and the ingredients of Mato Oput. We conducted a qualitative study using an ethnographic approach and secondary data review. The researchers visited and interviewed renowned elders purposefully selected based on their knowledge and participation in the process of reconciliation in Acoliland. Eight respondents, aged 60–101 years were included in the study. The researchers also observed and documented the processes of a case of Mato Oput in 2019. Mato Oput is the second last step in the process of reconciliation and restoration of peaceful co-existence following commission of grave harms by a person against another. Both the culprit and victim must be known, and the culprit must have knowingly caused the grave harm to the victim for Mato Oput to be relevant in the reconciliation process. If the grave act of a magnitude that would require Mato Oput happens between Acoli people and a group of people from some other tribes or ethnic groups, then Gomo Tong is performed as part of reconciliation ceremony, not Mato Oput. The researchers conclude that Mato Oput in its real essence is unlikely to be an appropriate way to deal with circumstances of mass killings and violent crimes against humanity like those that occurred in northern Uganda.
How do personal encounters with legal institutions shape citizens’ confidence in those institutions throughout sub-Saharan Africa? Using Afrobarometer’s cross-national citizen survey, we show that negative first-hand experiences with government courts and police erode citizens’ trust in those state institutions but do not tend to disrupt citizens’ perceptions of their authority to arbitrate or enforce the law. Individuals from diverse demographic backgrounds imbue state institutions with the right to perform their governance and law-enforcement duties, even after experiencing institutional incompetence or injustice. This article advances existing comparative research on legal institutions, which tends to conflate trust and legitimacy and overlooks the distinction between de facto performance and de jure authority. We suggest that rule-of-law institutions have deeper roots than some scholars have previously supposed.
THE DOMAC PROJECT focuses on the actual interaction between national and international courts involved in prosecuting individuals in mass atrocity situations. It explores what impact international procedures have on prosecution rates before national courts, their sentencing policies, award of reparations and procedural legal standards. It comprehensively examines the problems presented by the limited response of the international community to mass atrocity situations, and offers methods to improve coordination of national and international proceedings and better utilization of national courts, inter alia, through greater formal and informal avenues of cooperation, interaction and resource sharing between national and international courts. THE DOMAC PROJECT is a research program funded under the Seventh Framework Programme for EU Research (FP7) under grant agreement no. 217589. The DOMAC project is funded under the Socioeconomic sciences and Humanities Programme for the duration of three years starting 1st February 2008.
The gacaca or lawn justice in rwanda.
In Rwanda, neighbourhood meetings on the lawn (Gacaca) are the locally-recognized context for resolving legal disputes without legal provisions or state organization. It is a contemporary phenomenon, based on custom, which rests mainly on reconciling proximity disputes rather than reinforcing official jurisdictional authority. In this case, the possibility to choose between several courts improves access to justice and the elaboration of origi¬ nal judicial solutions better able to meet some local jurisdictional needs. Thus, jurisdictional pluralism represents a judicial policy that the African states have put aside too rapidly.
The promotion of the rule of law has become an increasingly important element of peacekeeping and peacebuilding operations, particularly in Africa, where there have been numerous internal armed conflicts and missions over the last decade.
This book explores the expanding international efforts to promote rule of law in countries emerging from violent conflict. With a focus on Africa, the authors critically examines the impact of these activities in relation to liberal peacebuilding, rule of law institutions, and the range of non-state providers of justice and security. They also assess the virtues and limitations of rule of law reform efforts, and policy alternatives. It brings together expert scholars and practioners from politics, law, anthropology and conflict studies, and features detailed case studies on Rwanda, Liberia, Sierra Leone, Sudan, and the Democratic Republic of Congo.
Making an important contribution to debates about peacebuilding, and assisting specific efforts in reforming the rule of law after conflict, this book will be of interest to students and scholars of international relations, law, African politics, post-conflict reconstruction, peace and conflict studies, as well as practitioners in the UN, development agencies and NGOs.
Dealing with the aftermath of civil conflict or the fall of a repressive government continues to trouble countries throughout the world. Whereas much of the 1990s was occupied with debates concerning the relative merits of criminal prosecutions and truth commissions, by the end of the decade a consensus emerged that this either/or approach was inappropriate and unnecessary. A second generation of transitional justice experiences have stressed both truth and justice and recognize that a single method may inadequately serve societies rebuilding after conflict or dictatorship. Based on studies in ten countries, this book analyzes how some combine multiple institutions, others experiment with community-level initiatives that draw on traditional law and culture, whilst others combine internal actions with transnational or international ones. The authors argue that transitional justice efforts must also consider the challenges to legitimacy and local ownership emerging after external military intervention or occupation.
My Neighbour, My Enemy tackles a crucial and highly topical issue - how do countries rebuild after ethnic cleansing and genocide? And what role do trials and tribunals play in social reconstruction and reconciliation. By talking with people in Rwanda and the former Yugoslavia and carrying out extensive surveys, the authors explore what people think about their past and the future. Their conclusions controversially suggest that international or local trials have little relevance to reconciliation. Communities understand justice far more broadly than it is defined by the international community and the relationship of trauma to a desire for trials is not clear-cut. The authors offer an ecological model of social reconstruction and conclude that coordinated multi-systemic strategies must be implemented if social repair is to occur. Finally, the authors suggest that while trials are essential to combat impunity and punish the guilty, their strengths and limitations must be acknowledged.
This is a timely empirical study and review of the Gacaca Courts which were established in 2001 in Rwanda as an attempt to prosecute suspects involved in the 1994 genocide. Based on the author's original field work which began in 2003 in Rwanda and which has been updated to the end of 2009, it includes responses from within the Rwandan population. Dr. Clark argues that, despite widespread international scepticism, the Gacaca process has achieved remarkable results in terms of justice and reconciliation, although this has often come at a price, especially the re-traumatisation of many Rwandans who have participated firsthand in hearings. This book will appeal to a wide global readership crossing human rights, transitional justice and African studies for its combination of original empirical data with a socio-legal analysis.