During peace negotiations, there is often a belief that providing amnesties for certain crimes will help promote national reconciliation. Nepal's Truth and Reconciliation Commission (TRC) Bill currently contains provisions on both amnesty and reconciliation. However, the Bill itself is not explicit in linking the ability to recommend amnesty to its reconciliation provisions. This briefing note seeks to explore the concepts of amnesty and reconciliation, and highlight a few implications of the Bill's provisions for victims.
Indonesia has initiated transitional justice mechanisms to address human rights abuses that occurred during and after the New Order regime, but insufficient political will has rendered these efforts inadequate in achieving justice and reconciliation for victims.
This report is the fourth in a series monitoring the implementation of a collective reparations program in Peru since 2007, by ICTJ and the Association for Human Rights in Peru (APRODEH). The publication examines the effects of this reparations program through interviews with the beneficiaries and provides a platform for the voices of communities of the Andes and the Amazon to explore to what extent the program has been effective. Spanish only.
The Kenya Transitional Justice Brief, a quarterly bulletin by ICTJ highlighting current developments in the field of transitional justice in Kenya. This brief focuses on the process of implementing the 2010 constitution and the political context in which this takes place, providing a summary of events and analysis of the status and challenges to the various reforms.
Established in 2004, Morocco’s Equity and Reconciliation Commission (IER: l’Instance équité et réconciliation) was one of the first attempts made in the Arab world to address human rights violations perpetrated in the post-independence period. It also aimed to include female victims of human rights abuse into broader transitional justice programs. This publication analyzes whether the various transitional justice processes undertaken by the IER sufficiently fulfill the gender-specific focus of its mandate.
“Through a New Lens: A Child-Sensitive Approach to Transitional Justice” analyzes experiences of four countries—Liberia, Democratic Republic of Congo (DRC), Colombia and Nepal—and identifies some key lessons on children’s participation in transitional justice measures.
This paper documents the opinions of victims of human rights violations in Kenya about the country’s unfolding transitional justice process. The first section gives background into the human rights violations; the second section presents victims ideas about reparative justice. The report recommends implementing an urgent reparations program to address the needs of the most vulnerable victims, as well as establishing a process to lead to a more comprehensive reparations program in the future.
The South African Coalition for Transitional Justice (SACTJ) submits the following comments regarding the May 11, 2010 General Notice 282 published in the Government Gazette. The Coalition objects to the Notice 282 regulations on procedural, constitutional, and international law grounds, and makes recommendations on how the government can these concerns.
In April, the World Bank released its 2011 World Development Report (WDR) entitled Conflict, Security, and Development. It is the first WDR that links transitional justice to security and development and places human rights violations at the heart of its analysis of conflict. ICTJ has produced a fact sheet outlining the core findings of the report as they pertain to transitional justice.
This policy brief reviews the work of the United Nations Human Rights Council as it relates to transitional justice, five years after the Council's establishment. Overall findings indicate that the Council and its mechanisms, notably the system of Special Procedures, have approached justice for mass atrocities in a piecemeal and—sometimes—politicized manner. More effective use of a transitional justice framework could strengthen the Council's ability to fulfill its mandate to address human rights violations and prevent future abuse.