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Letters
FROM THE CHAIRMAN
It has been a privilege to have been a part of the International Center for Transitional Justice during its first year. This has been a year of great progress, both for the organization and for the field of transitional justice.
I joined the board of the ICTJ after witnessing the transition from apartheid in South Africa, where I grew up. The extraordinary and inspirational political leadership of Nelson Mandela was crucial in making that transition as peaceful as it was, and in helping the South African people come to terms with the stark realities of the past. President Mandela’s vision and example contributed immeasurably to the success of the South African Truth and Reconciliation Commission, led by Archbishop Desmond Tutu and Dr. Alex Boraine. Though imperfect, the truth commission provided the framework for the country to begin dealing with the consequences of years of brutality.
Alex Boraine not only contributed to the intellectual inspiration for the commission, he and Archbishop Tutu also provided the leadership necessary for it to work. As the commission gained international prominence, it became clear that many other countries were undergoing political transitions and looking for ways to address the past. They sought strategies for bringing perpetrators of human rights abuse to justice while recognizing the rights of the victims of such abuses to be heard.
As the ICTJ’s founder and first leader, Alex has now taken his unique experience to help lead the world in the new and vital field of transitional justice. Across the world, the need has never been greater for new approaches to tackle past injustices and overcome the legacies of repression and abuse. From Ghana to East Timor, the former Yugoslavia to Northern Ireland, country after country, society after society is emerging from a bleak and divided history. And as they do so, they are trying to find ways, both through their existing legal systems and new approaches such as truth commissions, to examine the crimes of the past. The courageous individuals involved in these struggles made clear their need for expert advice and experience. This was the need the ICTJ was founded to meet.
And meet it we have. This year has seen not only the establishment of the core expert staff of the ICTJ and the founding of our offices, but also the ICTJ becoming engaged in many countries where the organization’s assistance is sought and valued. Based on our first year of work, it is clear that the field of transitional justice has indeed been served by an institution dedicated to these issues and that the ICTJ has identified a place where it can make a contribution. Whether the issue is determining what needs to be done to reform a corrupt institution or exploring the legal complexities of a fair and effective reparations policy, the ICTJ is giving practical, hands-on advice and expert guidance.
One point needs to be stressed. The ICTJ works with local governments and human rights organizations. Our goal is to spread best practice and to share relevant experience, never to prescribe. The explosion in transitional justice is constantly creating new experiences and precedents. Our objective is to learn from that new experience and pass it on to others where it may be relevant.
I pay tribute to Alex Boraine and his staff for a founding year rich in achievement. On behalf of the ICTJ Board I thank all of you who have supported us throughout this first year. It has been an impressive start.
Vincent Mai
Chairman of the Board of Directors
FROM THE PRESIDENT
The past 13 months have been exhilarating, demanding, and a great learning experience for all of us at the ICTJ.
In this busy and hectic period of initiating a new international center, we have been reminded that political transitions are invariably messy, ambiguous, contradictory, and fragile.
The questions confronting countries in transition are not only diverse, but also sensitive and highly complex. The mechanisms and options that may apply in each case are informed by a country’s history and culture, the extent of the conflict, and the nature of the transition itself. However, it has become equally obvious that there are lessons to be learned from the experiences, the successes, and the mistakes of countries that have undergone earlier transitions.
While we must never lose sight of the overarching demand for accountability, the sociopolitical climate will present certain priorities. For example, in Afghanistan the immediate priorities are security, food supplies, and good governance. Nevertheless, it may well be possible to deal with the central question of justice in the months and years to come.
What has been confirmed for us in the countries we are involved in is that a comprehensive strategy needs to be crafted for each situation. This has led us to focus on a much fuller and richer definition of justice.
We understand transitional justice to be both retrospective and prospective. This means, on the one hand, that countries require assistance to come to terms with a conflictual past and to deal effectively and fully with past atrocities and human rights violations. As far as it is possible, this involves bringing to justice the perpetrators of these crimes. Dealing with the past will also include truth-telling and truthseeking, not only as a means to ensure accountability, but also to give victims an opportunity to tell their stories and to know, as much as is possible, the truth surrounding the death, disappearance, or torture of families and friends.
On the other hand, a comprehensive strategy must also deal with the challenges of the future. Therefore, a commitment to reconciliation and peace-building is an urgent requirement in deeply divided societies. This difficult and demanding process is part of the guarantee of future stability and the development of a human rights culture.
This reconciliation process cannot be promoted without institutional reform that includes specific reference to the rule of law and the transformation of security and military forces.
Finally, there must be a commitment to material and symbolic reparations for victims of serious violations.
This holistic strategy has informed our work in many countries, and the emphasis has been on both judicial and nonjudicial mechanisms. This approach will guide all our efforts in the future. The ever-growing and dynamic field of transitional justice offers many challenges. We will need to give attention to many questions, including the establishment of the permanent International Criminal Court, the relationship between truth commissions and prosecutions, and the need for capacity-building at every level, to mention only a few.
The ICTJ has grown very rapidly, and we now enter a period of consolidation during which we will place an even greater emphasis on substance and research, in addition to direct responses to specific requests. We are fortunate to have a professional and dedicated staff, good facilities, a very supportive board of directors, and resources that enabled us to launch our programs.
None of this would have been possible without the support and encouragement of major foundations. I am especially grateful to Susan Berresford for her enthusiastic support from the beginning and for the initial major grant from the Ford Foundation. The success of this first year gives me confidence that the Center will be equal to the challenges ahead of us.
Alex Boraine
President
