The crime of forced displacement has been a widespread practice in Colombia’s internal armed conflict for several decades. However, forced displacement cannot be reduced to an inherent or unintended effect of the conflict. The armed actors in the Colombian armed conflict—the army and its paramilitary groups, on one hand, and the guerrilla groups, on the other—have used the practice of forced displacement of civilian populations as part of their military strategies to take control of or maintain a presence in certain territories.
In 2006, the Afghanistan Independent Human Rights Commission (AIHRC) launched an unprecedented effort to document the violations of international humanitarian law in Afghanistan between 1978 and 2001. Though it has not yet been made public, the 1000-page AIHRC Conflict Mapping Report is the most comprehensive documentation of this period in Afghanistan to date. As new evidence of past violations comes to light, Afghanistan must prioritize transitional justice measures to break the cycle of abuse. The briefing paper entitled “Afghanistan: The Past as a Prologue,” provides analysis of past reports identifying the patterns of abuses and puts forth recommendations to the government of Afghanistan as it confronts new evidence of the past.
Following field research in late 2009 and a 2010 workshop in Kinshasa, ICTJ produced a report in French on the challenges of enforcing court-ordered reparations. This briefing paper outlines and summarizes the challenges and recommendations discussed in the report. It also proposes additional steps that the government, international community, victims and civil society organizations can take to address the failure of the DRC to fulfill outstanding orders for reparations, as well as broader measures that can be implemented, including non-judicial reparations measures.
The conviction of Thomas Lubanga is a milestone for the international criminal justice system established by the Rome Statute, and may make an important contribution to the development and definition of the right to reparations in international human rights law. ICTJ has produced a briefing note examining the practical and legal issues surrounding the ICC's decision in regards to reparations in the Lubanga case, as well as what lessons the ICC can learn from the broader experiences of the transitional justice field.
“We women of Papua have been bruised, cornered, besieged from all directions. We are not safe at home, and even less so outside the home. The burden we bear to feed our children is too heavy. The history of the Papuan people is covered in blood, and women are no exception as victims of the violence of blind military actions. We have experienced rape and sexual abuse in detention, in the grasslands, while seeking refuge, no matter where we were when the army and police conducted operations in the name of security.”
Based on interviews with 1,200 people, this study assesses conflict victims' experience with the government's Interim Relief Program since its inception in 2008. The findings are intended to inform a future reparations policy that would seek to help those whose human rights were violated during the conflict period of 1996 to 2006.
The International Center for Transitional Justice (ICTJ) and the United Nations Development Programme, with the support from the governments of Denmark and South Africa, held a retreat on Supporting Complementarity at the National Level: An Integrated Approach to the Rule of Law, at Greentree in Manhasset, New York, from December 7 through 9 in 2011. The retreat was conducted according to the Chatham House Rule, and this report provides a summary of the principal discussions without attributing views to individual participants.
Thirteen years after the fall of Soeharto, victims in Indonesia continue to suffer from the negative effects of gross human rights violations and from ongoing discrimination. Although efforts by the president and the National Human Rights Commission (Komnas HAM) to create a reparations policy have lost momentum, victims' demands have not diminished. This report by ICTJ, IKOHI and KKPK makes recommendations to the government to take both immediate and longer-term actions to meet victims' demands for reparation.
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.