EU calls for transitional justice mechanism in Nepal

First Published: Friday, December 09, 2011, 21:47

Kathmandu: The European Union mission in Kathmandu have urged Nepal government and political parties in Nepal to expedite the process of establishing a Truth and Reconciliation Commission (TRC) and a commission on Inquiry on Disappearances so as to address the impunity of the decade long conflict and to provide transitional justice. 

We urge the Legislative Parliament to agree quickly on the transitional justice mechanisms such as establishing the TRC and a Commission on Disappearances to address impunity, said a joint press release issued by the EU Mission in Kathmandu together with Norway, Switzerland, USA, Canada, Australia and Japan on the eve of International Human Rights Day.

Acknowledging the progress made by Nepal in the area of human rights during the last few years, the EU Mission and other partners have called on the government of Nepal to make additional strong efforts to protect and promote fundamental human rights and to meet its obligations under international law in order to consolidate peace and democracy.

 They also urged that the Bill on the National Human Rights Commission secures a sound legal base that guarantees its independence.

They called on the Nepal Government to ensure that the rights of journalists, lawyers and other human rights defenders are upheld in order that they are able to play their rightful role in a democracy and that activists enjoy the full protection of the rule of law.
They have also reaffirmed their continued commitment and full support to Nepal at this pivotal moment in its history.

Source: ZeeNews.com - http://zeenews.india.com/news/south-asia/eu-calls-for-transitional-justice-mechanism-in-nepal_746199.html

Transitional Justice, Reconciliation and Sustainable Peace in Libya

First Published: 2011-12-06

It is impossible to discuss transitional justice in a country like Libya without reference to certain key concepts, which are all interrelated, two of which are reconciliation and sustainable peace, notes Mohamed Eljarh.

The issue of transitional justice in post-conflict Libya is increasingly important in the last few weeks with the capture of Saif Al-Islam, and the reports of 7000 foreign prisoners held in Libya with no proper legal processes taking place yet. In many cases where there has been an armed conflict between two parties in one country, there has also been some effort towards establishing different forms of transitional justice to re-establish law and order post the conflict period. The international community will need to assist Libya in its efforts to establish transitional justice, bearing in mind that some forms of justice mechanisms already exist in Libya, but also there is a void of such mechanisms. These transitional justice mechanisms are essential to stability and sustainable peace, and Libya should seek such help and advice from the international community sooner than later.

Transitional justice should be created to deal with crimes that were committed during the conflict period, at a stage where the Libyan people were at the prominence of transition from a society of conflict to one of democracy and peace, post February 17 revolution. There are wide-ranging options available to the transitional government in Libya, and the international community has offered to assist them, to tackle these crimes, this assistance ranges from applying amnesty to local ownership of these processes. 

Transitional justice mechanisms may take a number of forms. Most prominently these include the international criminal court, special courts, truth commissions, local courts and traditional methods of justice that already exist in Libya. However, in the case of Libya only the latter three are applicable; truth commissions, local courts and traditional methods of justice (with limited help from the International Criminal Court). 

The forms of transitional justice, where local ownership can be more easily established need to be examined and discussed thoroughly in the case of Libya, as the new Libyan government opted for taking the matter of transitional justice into their own hands. It is crucial to analyse different methods of transitional justice in the country , drawing on a number of cases, building on the assumption that some form of transitional justice is essential for reconciliation, future stability and peace, and moreover that it can serve to increase the sense of local ownership of the whole process of post-conflict reconstruction.

It is impossible to discuss transitional justice in a country like Libya without reference to certain key concepts, which are all interrelated, two of which are reconciliation and sustainable peace. Reconciliation is the ultimate objective in Libya for the post-conflict reconstruction processes to take place; however, it can be very vaguely defined, if at all, due to the complexity of the situation post any armed revolution. In its easiest form, reconciliation is referred to as acknowledgement and repentance from the perpetrators and forgiveness from the victims, as non-lethal co-existence, as democratic decision-making and reintegration, and as encompassing four concepts namely truth, mercy, peace and justice, concepts which in themselves are difficult to define. The new Libyan government is tasked with defining those concepts correctly to suit the reality in Libya, as well as, finding practical approaches to achieving the ultimate reconciliation required for the country to move forward. 

In the case of Libya it is essential to have distinction between national reconciliation and individual reconciliation, as we have witnessed individual reconciliation processes taking place in various Libyan towns, while national reconciliation is achieved when societal and political processes function and develop without reverting to previous patterns or the framework of the conflict. This distinction is crucial because it is possible to achieve national reconciliation without achieving individual reconciliation. National reconciliation may come at the expense of reconciliation at the individual level, although political processes may proceed and progress individuals may find greater difficulties in dealing with their experienced traumas, developed during the conflict. However, reconciliation at the individual level is also independent of reconciliation at the collective level. Moreover, some transitional justice mechanisms can promote one type of reconciliation more than others. Although there is currently a growing consensus between peace and justice, for example the emphasis on the importance of integrating justice into the peace process is clearly evident; however, reconciliation is still frequently described as incompatible with justice (therefor, reconciliation needs to be promoted to the people by designing comprehensive national campaigns for that purpose).

Finally, debates such as, justice vs. reconciliation, justice vs. peace, justice vs. truth, all emphasise that justice is retributive and reconciliation is restorative and that there is a trade-off involved. Hence, suggesting that justice in criminal proceedings context is to attain group/individual guilt followed by punishment, and this concept will not lead to reconciliation, stability or peace in Libya as required. However, there are certain mechanisms of retributive justice, as well as restorative justice, and these have proven to support reconciliation in particular contexts in post conflict environments.

Mohamed Eljarh is a UK based Libyan academic researcher and political, social development activist. He is also co-founder and Public Affairs Director of the Libyan Academy for Creativity and Innovation. He is from the city of Tobruk in Eastern Libya. Email: m.eljarh@yahoo.co.uk

Source: Middle East Online - http://www.middle-east-online.com/english/?id=49383

DR Congo election: Joseph Kabila ahead of Tshisekedi

President Joseph Kabila is leading Democratic Republic of Congo's election with 46% of the vote, results show.
With more than two-thirds of votes counted, his closest challenger, Etienne Tshisekedi, trails on 36%, the election commission says.
Truckloads of riot police are patrolling the main cities in case of violence, with full results due on Tuesday, amid claims of fraud.
Some 3,000 people fled the capital, Kinshasa, at the weekend.

Last Monday's polls were the second since the 1998-2003 war officially ended, following the loss of some four million lives. Armed groups continue to operate in eastern parts of this vast country, which is two-thirds the size of Western Europe.
The BBC's Thomas Hubert in Kinshasa says Mr Tshisekedi's supporters insist that he has won and are unlikely to accept defeat in polls marred by allegations of rigging, including pre-marked ballots.
The constitutional mandate of Mr Kabila, 40, to rule ends on Tuesday and the opposition said it would not recognise his authority thereafter, our reporter says.

Congolese abroad protest However, the head of the election commission said that Tuesday's deadline to announce full results might not be met.
"First of all we're going to make sure that all the results sheets have arrived and that we have all the information. If not, we won't be able to give you more than a partial report," said Daniel Ngoy Mulunda.
A senior official close to Mr Kabila has warned that the army could be deployed if the "situation becomes too chaotic for the police".

"We cannot let chaos prevail," Kikaya Bin Karubi, DR Congo's ambassador to the UK is quoted by Reuters news agency as saying. 

Police fired tear gas at opposition supporters in the capital on Monday, and gunfire rang out in a city in West Kasai province, both seen as opposition strongholds, after the government shut down a television and radio broadcaster, Reuters news agency reports.
There was more violence on Tuesday morning outside Mr Tshisekedi's home in Kinshasa and the headquarters of his Union for Democracy and Social Progress (UDPS) party, our reporter says.
Mr Tshisekedi's supporters are protesting in central London, to demand that he be declared the winner.

They staged similar demonstrations in South Africa, the main regional power, and Belgium, the former colonial power, on Monday.
The protesters tried to storm the DR Congo embassy in Pretoria, forcing police to fire tear gas, the AFP news agency reports.
The protesters accused South Africa's President Jacob Zuma of helping to organise fraudulent elections in DR Congo and said he should stay out of DR Congo's affairs.
In Brussels, police fired water cannons to disperse protesters.

On Thursday, the UDPS declared Mr Tshisekedi the winner and called for arrangements to be made for a transfer of power.
Mr Tshisekedi, 78, campaigned for democracy under former ruler Mobutu Sese Seko but this is the first time he has contested elections.
He boycotted the 2006 election, claiming it had been rigged in advance.
Several thousand residents of Kinshasa crossed the River Congo to neighbouring Congo-Brazzaville at the weekend as fear grew that violence could escalate, correspondents say.
Many foreign nationals have also fled the country, they say.

The International Crisis Group has put DR Congo on its "Conflict Risk Alert" list.
Last week, four other opposition candidates - including Vital Kamerhe, a former ally of Mr Kabila - called for the polls to be annulled, alleging they had been marred by widespread rigging and violence.
Observers from the African Union (AU), the Southern African Development Community (SADC) and three other groups have said the polls had been successful and called on all sides to show restraint.

The government warned that it would not tolerate further conflict.
Guards loyal to Mr Kabila shot opposition protesters, killing 14, ahead of the election, Human Rights Watch said - claims dismissed by the government.
HRW said at least four more people were killed during the poll.
The election was marred by widespread logistical problems, as well as the violence, and polling in some areas was extended until Thursday to allow voting material to be delivered.

The biggest country in sub-Saharan Africa has hardly any road or rail links between its major cities, so the UN peacekeeping mission distributed some election equipment by helicopter.
The 2006 election was marred by weeks of street battles led by supporters of the losing candidate, Jean-Pierre Bemba.
He is now on trial at the International Criminal Court for alleged war crimes committed in Central African Republic.

Source: BBC News: Africa http://www.bbc.co.uk/news/world-africa-16047150

Brazil Shatters Its Wall of Silence

By Eduardo Gonzalez                                                                                                

Published: December 2, 2011

Brazil’s recent decision to examine the abuses of the military dictatorship from several decades ago could change the face of democracy at home, making it more genuine and transparent. At the same time it could have a wider impact, allowing Brazil to take a decisive stand on human rights regionally and internationally.

 In a momentous step forward, President Dilma Rousseff has signed two laws: one on access to government information, and another establishing a national truth commission, modeled after similar experiences in Latin America.

Authorizing inquiries on government abuse breaks with a long-standing tradition of government secrecy and elite opacity. Even today, Brazil refuses to declassify archives related to 19th century foreign wars and internal repression. After the end of slavery in the 1890s, Brazil incinerated all governmental archives on the practice; whether to hinder compensation claims by slave owners or to hide a shaming period in history, it is impossible to know with certainty.

The worse episodes of state violence in the 20th century also remain shrouded in official silence, chief among them are the crimes committed by Brazil’s military dictatorship, which ran a system of torture and selective assassinations from 1964 to 1985. During those years Brazil was the regional model for regimes led by the military, rather than by individual caudillos, or leaders, and Brazilian ideologues systematized the “Doctrine of National Security” that would provide the intellectual basis for military regimes all over Latin America.

 The dictatorship was responsible for the exile and torture of thousands of Brazilians, as well as hundreds of forced disappearances and arbitrary executions. Some compare these numbers with atrocities in neighboring Argentina or Central America and conclude that Brazil’s strongmen were somehow mild. That is an immoral and misleading arithmetic that minimizes the suffering of the regime’s victims and ignores the long term impact on the society.

One of the most egregious cases of military abuse was the destruction of a rural guerrilla group in the Amazonian region of Araguaia in 1972. A small band of 62 anti-military combatants was wiped out — there were no prisoners or survivors; no information whatsoever was ever provided to their families.

The government of Brazil, at the instigation of the defense establishment, litigated for decades in national and international courts to protect the secrecy of its information, eventually losing the case in all jurisdictions, but prolonging the suffering of many relatives.

Unlike its neighbors in South America, who have confronted the legacy of military rule, Brazil has never conducted prosecutions or provided an official account of the crimes. A blanket amnesty granted by the military government is still in force, shielding torturers. The reason for this anomaly is that the Brazilian military also led the pack with its skill in managing what its leaders called a “slow, gradual, and safe” transition to civilian rule while simultaneously protecting their privileges.

The result, however, is that Brazil now lags in comparison with all its neighbors in the examination of the past and the upholding of victims’ rights to truth and justice. This weakens the Brazilian voice in the international arena with respect to the critical field of human rights protection.

Now, with a truth commission and a legal framework to open governmental records, it is possible that the country will start to break the wall of silence that forbids Brazilians from knowing their own history, and that Brazil will gain redoubled authority to advocate for human rights.

There will be serious difficulties though, chief among them are the amnesty law and the persistent denial or justification by the military and extreme right-wing politicians of their actions during the years of dictatorship. It will be up to President Rousseff, herself a victim of torture during the dictatorship, to stand up for the effective implementation of the access-to-information law and for the creation of a truly independent truth commission. In doing so she will send a strong moral message, like Michelle Bachelet of Chile, Nelson Mandela of South Africa, and other leaders who managed to open the gates of a troubled past in search of reconciliation.

Eduardo Gonzalez is the director of Truth and Memory Program at the International Center for Transitional Justice.

Source: http://www.nytimes.com/2011/12/03/opinion/brazil-shatters-its-wall-of-silence.html?_r=1

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

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/

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!)

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“Transitional justice is about bridging the violent past..."

“Transitional justice is about bridging the violent past with the present transition in order to create a peaceful future”...


A South African political commentator urged Zimbamweans to consider transitional justice to attain stability in the future. 


Read the article here

TRC in Thailand

Last year in April and May, 92 people were killed in political protests in Thailand. A Truth and reconciliation Commission has been set up in Thailand to seek the truth about what happened regarding the deaths of those people.

Read the article here.

US sends combat troops to Uganda

Al Jazeera English news report on Obama sending troops to Uganda to help efforts against the LRA

 

Obama said the US troops would act as advisors to local forces with the goal of removing LRA leader Joseph Jony and other senior leaders from the battlefield. But he said they would not lead the fighting themselves.