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International actors and traditional justice in Africa

January 2015

Authors:

Giselle Corradi

Ghent University

International actors, such as multilateral, bilateral and non-governmental donors and organisations, play an important role in teh legal landscapes of Sub-Saharan Africa. On the one hand, they support tansitional justice initiatives in the framework of post-conflict reconstruction efforts. On the other hand, they provide assistance for interventions in the context of justice sector aid...

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Aportes internacionales de las experiencias de justicia transicional para Colombia

Article

Full-text available

Dec 2018

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.

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Chapter

The role of tradition in transitional justice

January 2015

Martien Schotsmans

Over the past two decades, more than 15 countries in Sub-Saharan Africa have put an end to armed conflict or an authoritarian regime. Most of these were intra-state conflicts, i.e. conflicts within a single state, between the government and one or more armed groups, or between two or more armed groups. These conflicts caused large numbers of casualties. During many of these conflicts massive ... [Show full abstract] human rights violations were committed against civilians and often by civilians. As a consequence, donors developed strategies to deal with post-conflict reconstruction in these countries, with a view to enhance sustainable peace as a precondition to further development of the countries involved. In the framework of this evolution, this book looks into to the following research questions. First, have international actors involved in transitional justice developed a policy in relation to traditional justice and what are the main features? Second, what projects, programmes and interventions in the field of traditional justice are supported by international actors? And third, how do international actors deal with possible tensions between traditional justice and human rights?

Book

Full-text available

International actors and traditional justice in Sub-Saharan Africa :policies and interventions in tr...

January 2015

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 ... [Show full abstract] 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.

Chapter

Full-text available

Embracing legal pluralims: general conclusions

January 2015

We formulate a number of mutual findings and recommendations. First, the chapter discusses common elements at the level of policies, then it identifies a number of trends regarding interventions of justice legal aid, and finally it examines the way in wich international actors handle the tension between traditional justice and human rights.

Chapter

Justice sector aid in legally plural Africa

January 2015

Giselle Corradi

In order to understand the context in which development actors operate and the nature of their interventions regarding local legal orders in Sub-Saharan Africa, it is necessary to sketch out two issues. On the one hand, a number of common threads running across the justice landscpaes of the continent, including a brief overview of how historical developments affected current configurations of ... [Show full abstract] legal pluralism, some of the features that are usually associated with an 'African approach' to justice, and how local legal orders relate to human rights. And on the other, the background of justice sector aid and human rights assistance in this region as well as the kind of policies and interventions that international development actors support in the area of legal pluralism and human rights.

Thesis

Advancing human rights in legally plural Africa: the role of development actors in the justice secto...

January 2012

Giselle Corradi

This dissertation examines the role of justice sector aid in sub-Saharan Africa regarding the relationship between human rights and local legal orders from a normative and empirical point of view. At the normative level, it explores how socio-legal theory on legal pluralism and human rights’ cross-contextual implementation may inform the practice of development actors in the justice sector. Based ... [Show full abstract] on case studies on Sierra Leone and Mozambique, the research applies this body of knowledge to the analysis of empirical data on development actors’ policies and interventions. The conclusion argues that the following issues deserve particular attention: the adoption of a users’ perspective regarding which local justice providers are targeted by policies and interventions, consideration of how different modes of dispute processing relate to the implementation of human rights, engagement with local knowledge and a critical approach to human right cross-contextual application.