Monday 28 November 2011

Transitional Justice: Options for Zimbabwe‏


On November 17, Mr. Effie Ncube, one of Zimbabwe’s principal civil society leaders and director of the Matabeleland Constitutional Reform Agenda, made reference to a broad range of transitional justice models during a Food for Thought discussion organised by the American Corner at the Bulawayo Public Library. 

“There is no doubt in my mind that given a history of tyranny … Zimbabwe needs a credible national transitional justice mechanism. This is currently not being done by the Organ on National Healing.” Ncube led the discussion with independent South African political analyst Leon Hartwell as part of the American Corner’s weekly public discussion series. According to Hartwell, “Transitional justice debates generally take place in countries emerging from conflict situations. Victims rightfully demand some form of justice and accountability.” 

“Of all the mechanisms available, retributive justice is probably the most unlikely option at this point. The security sector will oppose it and it is incredibly expensive. For example, the cost of International Criminal Tribunal for Rwanda was roughly $1.3 billion between 1996 and 2009 while it detained a mere 74 individuals,” Hartwell continued.

Both speakers hinted that uncertainty regarding what would happen to perpetrators contributes to the current political stalemate. 

“Those in power are united by their fear of the crimes they committed against their own people. They obviously understand that justice is beckoning somewhere in the horizon but somehow hope to postpone the inevitable course of justice and accountability.”

Hartwell argued that given the current balance of power, the MDC formations could consider the possibility of extending conditional amnesty to perpetrators of political violence. “Conditional amnesty should focus on issues that would move the transition forward. That means that political parties and the security sector should commit to the establishment of a liberal constitution, allow civil society to operate independently, support free media (especially broadcasting), commit to free and fair elections, support a future truth and reconciliation commission, and ratify international human rights treaties.”

Ncube largely concurred that a truth commission is an attractive option for Zimbabwe, but he argued that, “it cannot take place in a constitutional and legal vacuum…. We need to dismantle the apparatus of dictatorship first before anything credible can take place.” He also cautioned that impunity should be avoided at all costs as “it is the greatest threat to Zimbabwe.”

Both speakers said that past discussions on transitional justice often brought attention to the willingness of victims to forgive their perpetrators and that it is important to take a victim-centred approach when considering the options for Zimbabwe. 

“Every time I talk to victims of injustices committed since 1980, I see a willingness to forgive and engage…. For me these are the critical ingredients for any society that desires to move the transitional justice path. I just hope we don’t see the recurrence of crimes against the people to the extent that they end up taking the vengeance path. It’s a choice that those in power have to make now”

Hartwell concluded the discussion by arguing that, “in South Africa, it was largely conditional amnesty linked to the transition process that helped the country to move forward. That is how the most racist regime in the world came to an end. The security sector supported the democratisation process, free and fair elections, and, although the Truth and Reconciliation was opposed from many corners inside the country, there were almost 22,000 victims and perpetrators that broke the silence on what happened during the country’s violent (ZimEye)

Source: http://www.zimeye.org/?p=40730

Wednesday 23 November 2011

Tunisia: Transitional Justice Committee Created


The creation of a structure for the Independent National Committee for Transitional Justice was officially announced on November 15th during the first meeting of National Union of Tunisian Journalists in which it presented its objectives and work mechanisms. The coordinator of this committee indicated that it will aim to create a pressure group to enforce transitional justice in Tunisia to try criminals and compensate victims, which is a necessity to restore faith in the justice system for many Tunisians.

Mr. Ayachi Hammami, a member of the committee, indicated that Tunisian society has failed in establishing a system of transitional justice, and he highlighted the necessity of taking action and exercising pressure on the current government in order to hold crime perpetrators accountable for human rights violations. Mr. Lotfi Azzouz stated that the committee will speak in favor of the non-applicability of statutory limitation on torture crimes, adding that it will ensure that crime perpetrators get the punishment deserved. If internal appeals to Tunisian justice are exhausted, the committee will take it upon itself to appeal to the International Criminal Court (ICC) for the reparations of victims.

Mr. Adel Haj Salem indicated that along with infringement on civil rights, the committee will also assist victims of failing social and economic policies. The committee’s founders all agree that their sphere of action will not only deal with the 23 years of the Ben Ali era but also include that of Bourguiba’s, stressing that its competence will be a real stimulus for the establishment of a Ministry of Transitional Justice.  The Independent National Committee  for Transitional Justice includes 14 organizations and national associations, most notably: the Tunisian League for the Defense of Human Rights, the Tunisian Association of Democratic Women, the group of “25 Lawyers” (an association of Tunisian lawyers formed to ensure the independence of the judiciary), UGTT (General Union of Tunisian Workers), the National Union of Tunisian Journalists, the Association of Tunisian Magistrates and the National Network for Fighting Corruption.

Source: TAP   http://www.tunisia-live.net/2011/11/16/transitional-justice-committee-created/

Wednesday 9 November 2011

After the Dictators


A number of questions stem after an authoritarian regime falls. Mainly, what is to be done with the dictator. Will he or she be charged in an international court? Will he or she escape and live a cushy lifestyle in another country for the rest of their life, evading capture? Will he or she die peacefully in their bed? Or will he or she be killed ouright?
 
Inspired by Gaddafi's violent death, this BBC documentary, "After the Dictators" looks at what situation is most beneficial for the society to successfully move on in the post-authoritarian times and how it shapes the country's recovery. 

(I listed to it while making and eating dinner. That's what I love about podcasts!)