ICTJ’s briefing paper “Building Trust and Strengthening the Rule of Law” examines how an ad hoc vetting mechanism for officers in senior command positions could help consolidate democracy in Nepal. Author Alexander Mayer-Rieckh says that as Nepal abandons its commitments to pursue accountability for serious crimes, it undermines the ability of its security forces to maintain the rule of law and protect a new era of peace.
This paper considers the efforts of Timor-Leste’s Commission for Reception, Truth and Reconciliation to address the forced displacement that occurred during the period of Indonesian occupation and in the post-Popular Consultation violence of 1999. It examines linkages between the work of the commission, which concluded in October 2005, and the government’s response to the 2006 displacement crisis.
An internal armed conflict involving the government, leftist guerrillas, and a variety of paramilitary groups and criminal bands has endured in Colombia for the last 60 years, generating massive levels of displacement. A comprehensive truth commission that investigates major human rights violations, including the uprooting of millions of Colombian citizens, will be essential to a transition to peace.
The 2006 crisis in Timor-Leste saw close to 15 percent of the population displaced from their homes, threatening to sink the country into protracted instability and violence. Remarkably, five years later the country was back on track, with the internal displacement issue largely resolved. This paper looks at the National Recovery Strategy (NRS) that the government adopted to resolve internal displacement in Timor-Leste. Following a discussion of the NRS, the paper considers whether or not its cash-grant scheme qualifies as a full-fledged reparations effort.
In cases other than those of environmental disasters, some mix of persecution and fear of violence based on ethnicity, race, or religion, plus violations of human rights and repression based on political beliefs and opinions often characterizes forced displacement for both internally displaced persons (IDPs) and refugees. The actions and structures of the security sector—especially the police, military, paramilitary groups, intelligence, border patrols, and prison guards—often play a crucial role in this persecution and repression.
This paper examines the relationship between forced displacement and transitional justice in Colombia from a gender perspective. The text focuses on three main themes: first, the gendered impacts of forced displacement; second, the ways that official policy, as it has evolved from providing humanitarian assistance to seeking durable solutions, has dealt with the gender dimensions of displacement, and the role that the Colombian Constitutional Court has played in this process; and third, the gendered dimensions of the (incomplete and debated) process of transition—from the Justice and Peace Law of 2005 to Law 1448 of 2011 on Victims and Land Restitution. Finally, the conclusion brings these two processes together in an examination of what gender justice should look like for displaced women, particularly in the critical area of policies for land restitution.
Although the conflict in Turkey remains ongoing and a political solution to the “Kurdish question” has not been reached, in recent years, the Turkish government has developed a series of laws and policies regarding the situation of displaced Kurds. The most significant of these policies has undoubtedly been the adoption of a compensation law for the displaced in 2004. As one of the few countries actually compensating the displaced for their economic losses, Turkey has often been pointed to as an exemplary case by the international community.
This paper is concerned with the relationship between criminal justice and displacement that has taken place as a result of serious violations of international humanitarian law, and considers these issues within the context of justice efforts in the former Yugoslavia. It argues that in some transitional contexts, forced displacement can be so integral to the abuses committed in a conflict that the issue should be included in efforts to criminally prosecute perpetrators.
Displacement is one of the most widespread and tangible consequences of conflict, and has been chronically high in Africa’s Great Lakes region by any standard. This paper focuses on three salient gender-specific dynamics of conflict and displacement in the region that need to be incorporated within any post-conflict reconstruction or transitional justice effort.
As with most post-conflict challenges, the issues of displaced populations and weak security institutions each have profound effects on the other. A common cause of displacement in post-conflict environments is a lack of physical security, either because formal security institutions fail to ensure it, or, in some cases, because those institutions themselves undermine it. Displaced individuals will not voluntarily return in great numbers if the same security threats that made them leave (or new ones) are present in their home areas.