79 results

Breathing Life into the New Constitution: A new constitutional approach to law and police in Kenya: lessons from South Africa

Building a constitutional state and pursuing social change is best approached by looking at prior successes. Here is a comparison between the Kenyan and South African constitutions and an outline of how constitutional litigation unfolded in South Africa.

by

ICTJ; Howard Varney

Briefing Paper

Institutional Reform in the New Constitution of Kenya

The passing of the Constitution of Kenya of 2010 and its promulgation on August 27, 2010, heralds the deep desire of Kenyans, as individuals and communities, to live in a society that respects and protects their liberties and livelihoods without discrimination. With respect to transit...

by

ICTJ, Dr. Migai Akech

Report

Transcript of the Interview with Albie Sachs

SEILS: ICTJ are delighted to host today a real giant in the world of political and legal struggle. Albie Sachs has not only played a huge and influential role in the development of the South African constitution but after being nominated by Nelson Mandela for 15 years in the new constitutional court...

04/25/11
In Focus

Kenya Transitional Justice Brief, Vol. 1, No. 2

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 ...

by

ICTJ

Bridging the impunity gap in Kenya requires a holistic approach to transitional justice

Following post-election violence in 2007–2008, Kenya faced a need to hold accountable those most responsible for the fighting that resulted in more than 1,000 deaths and widespread property destruction and displacement. But national judicial mechanisms proved reticent to do so, and in 2010, the situation was adopted by the ICC, who in January of 2012 announced indictments against four suspects.

07/19/12
In Focus

Justice for the Disappeared is at the Heart of Transitional Justice

As the world marks August 30, the International Day of the Disappeared, we are reminded that forced disappearances and transitional justice share a common history. Indeed, processes working in concert that came to form the field of transitional justice were born from the search for truth and justice about the disappeared.

08/28/12
In Focus

ICTJ Program Report: Middle East and North Africa

The latest ICTJ Program Report explores transitional justice issues in the Middle East and North Africa (MENA) and charts our work in this important and dynamic region. Claudio Cordone, ICTJ’s program director covering the MENA region, discusses individual country scenarios, prospects for transitional justice processes and explains ICTJ’s involvement and impact. Cordone speaks about transitional justice principles being at the root of popular uprisings referred to as “Arab Spring” and the challenges facing societies in their efforts to reckon with legacies of dictatorships and recent violence. He describes ICTJ’s efforts to address the impact of violence on women and promote their participation in transitional justice initiatives. The interview provides a thorough overview of ongoing initiatives and future prospects in Tunisia, Libya, Egypt, Syria, Yemen, Lebanon and Israel and Occupied Palestinian Territory.

09/05/12
In Focus

ICTJ Program Report: Africa

The latest ICTJ Program Report presents ICTJ’s work in Africa. In a deeply insightful interview, Suliman Baldo, director of ICTJ’s Africa program and one of the world’s leading experts on transitional justice in Africa, discusses transitional justice processes in Ivory Coast, Kenya, Democratic Republic of Congo, and Uganda.

12/04/12
In Focus

Failing to Deal with the Past: What Cost to Lebanon?

This report examines the situation of impunity in Lebanon that has persisted since the 1975-1990 war through the lenses of core elements of transitional justice. It analyzes Lebanon’s past experience of ineffective transitional justice measures -- including limited domestic trials, na...

by

ICTJ

Report

New ICTJ Study Highlights Consequences for Lebanon of Not Dealing with the Past

A culture of impunity for serious violations of human rights continues to thrive in Lebanon, says a report released today by ICTJ.

03/03/14
Press Releases

Lebanon: The Cost of Impunity

For decades, Lebanese governments have made only partial and ineffective attempts to hold powerful individuals, groups, and foreign states accountable for violations committed on Lebanese soil, including against civilians. The consequences of their failure to act – for victims and Lebanese society – are grave. ICTJ's new report looks at the culture of impunity for serious violations of human rights continues to thrive in Lebanon.

03/03/14
In Focus

Transitional Justice and Women’s Rights: Four Countries to Watch This Year

To mark International Women’s Day, we invite you to read about four countries at the top of our gender justice priorities in the coming year, each with its own history, context, and complex sets of challenges.

03/05/14
In Focus

ICTJ to Take Part in Eighth Al Jazeera Forum: “Change in the Arab World: Where To?”

ICTJ President David Tolbert will be a featured speaker at this year’s Al Jazeera Forum in Doha, Qatar. Al Jazeera Forum is the flagship event of Al Jazeera Media Network, at which Al Jazeera showcases its contribution to the world of media and politics.

05/21/14
In Focus

Navigating Paths to Justice in Myanmar's Transition

This report asserts that dealing with past abuses in Myanmar is essential to achieving genuine progress on peacebuilding and economic development in the country. Conflict and high levels of political repression have racked Myanmar for more than half a century. Both President Thein Sei...

by

Patrick Pierce and Caitlin Reiger

Report

Continuing Abuses Threaten Myanmar’s Transition to Democracy and Peace, Says ICTJ Report

Continuing political repression, cronyism, and ongoing conflicts are disrupting attempts to put Myanmar on a linear path to democracy, peace, and development, says a new report from the ICTJ. According to the report, titled “Navigating Paths to Justice in Myanmar’s Transition,” dealing with current and historical abuses is essential to achieving genuine progress on peacebuilding and economic development in the country.

07/21/14
Press Releases

ICTJ Program Report: Kenya

Kenya continues to deal with the repercussions of violence stemming from its disputed 2007 presidential elections, when political protests and targeted ethnic violence rocked the country, leaving thousands dead and hundreds of thousands displaced. Head of our Kenya office Chris Gitari gives an update on how Kenya is moving forward, and explains ICTJ's work in the country.

11/03/14
In Focus

Ending Violence Against Women: Why Security Institutions Matter

ICTJ joins the global observations of the International Day for the Elimination of Violence Against Women, and the start of the “16 Days of Activism against Gender-Based Violence Campaign.” On this day, we recognize the ongoing efforts to protect women from violence in different parts of the world.

11/25/14
In Focus

From Force to Service: Engaging Kenyans in Police Reform

A new documentary produced by ICTJ highlights the need to reform Kenya's police force, and stresses the vital role civil society plays in conducting a thorough vetting process and the establishment of public trust in security forces.

01/29/15
In Focus

Kenyatta’s Apology Breaks Important Ground, Now Comprehensive Action Is Needed

In this op/ed, the head of ICTJ's Kenya Program, Christopher Gitari, argues that President Kenyatta's recent apology to victims—though commendable—must be supported by solid reforms and initiatives for rebuilding the lives of those who have suffered the most.

05/26/15
In Focus

For All Kenyans to Be Equal, Kenyatta Must Move Beyond Words on Justice

In this op-ed, ICTJ's President David Tolbert urges President Uhuru Kenyatta and Kenyan institutions to take concrete actions without further delay to provide reparations for victims, tackle the struggling police vetting reform, and prosecute the serious crimes that were committed during the post-election violence.

08/05/15
In Focus

After Elections, Full Democracy Awaits Release of Myanmar’s Political Prisoners

In this op-ed, ICTJ's Aileen Thomson and Bo Kyi argue that in the wake of Myanmar's historic elections, the release of all political prisoners held by the government would be an important step towards national reconciliation.

12/02/15
In Focus

Opening Up Remedies in Myanmar

This briefing paper calls on the soon-to-be-established NLD-led Burmese government to seriously consider taking steps to deal with Myanmar’s troubled past as a way to help end the cycle of violence and human rights violations in the conflict-torn country.

by

Aileen Thomson

Briefing Paper

ICTJ Paper Looks at Range of Options for Dealing with Myanmar’s Troubled Past

With hopes running high after the National League for Democracy’s landslide victory in November, a new ICTJ paper calls on the soon-to-be-established Burmese government to seriously consider taking steps to deal with Myanmar’s troubled past as a way to help end the cycle of violence and human rights violations in the conflict-torn country.

12/08/15
Press Releases

Without Addressing Women’s Security, We Can’t Hope for Equality

On International Women's Day, ICTJ Gender Justice Senior Associate Amrita Kapur highlights how insecurity affects women and is key to overcoming inequality across all dimensions of empowerment. "Without including institutional reform, we are condemning women to another century of inequality," she writes in this op-ed.

03/08/16
In Focus

New Myanmar Government Must be Inclusive if it is to Succeed

In this op-ed, ICTJ's Aileen Thomson says the concerns of former political prisoners, ethnic minorities and conflict-affected communities must be taken into account if peace and democracy in Myanmar are to endure.

03/30/16
In Focus

ICTJ Partners Victims, Civil Society and Officials on Transitional Justice in Great Lakes Region

Civil society leaders, members of victims' groups and state officials throughout the Great Lakes region will convene in Kampala, Uganda next week at a conference hosted by ICTJ. Attendees will share their experiences working for redress in their communities and discuss what strategies have proven effective at the local level.

05/12/16
In Focus

ICTJ Conference Explores Efforts at Redress, Accountability and Reform in African Great Lakes Region

Today, ICTJ opened a two-day conference in Kampala, Uganda, gathering activists and officials from the African Great Lakes Region to discuss efforts at redress and accountability for serious human rights violations committed in their countries.

05/17/16
Press Releases

Reconciliation in Myanmar Must Include Political Prisoners

Myanmar may have a new government under Aung San Suu Kyi, but former political prisoners continue to face challenges throughout the country. A new report sheds light on prisoners' challenges and recommends steps the government can take to offer redress.

06/07/16
In Focus

Willie Kimani's Murder is Wake Up Call to Police Reform Failures

The brazen abduction and brutal murder of human rights lawyer Willie Kimani, his client, Josephat Mwenda, and their taxi driver, Joseph Muiruri, underlines once more the urgent need for police reform in Kenya says ICTJ's Christopher Gitari.

07/20/16
In Focus

Helping Victims Overcome Human Rights Violations Through Education

Understanding education as a form of both reconstruction and reparations is essential for societies in their efforts to address victims’ rights and help victims and their families overcome the consequences of a painful past.

07/27/16
In Focus

Activists: Strong Civil Society is Key to Hopes of Stability in Africa’s Great Lakes

A new ICTJ report argues that in Africa's interconnected Great Lakes region, each country’s attempt to provide justice for past violations offers lessons for similar processes in others. We gathered civil society activists from across the region to discuss which strategies have worked for them, which have not, and opened up about the greatest challenges they face in securing justice.

03/29/17
In Focus

UN Inquiry in Myanmar Is a Moment of Truth for Aung San Suu Kyi’s Commitment to Justice

For decades, successive Myanmar political and military leaders, including Aung San Suu Kyi’s, have flatly denied what millions of their citizens know: that the military has committed and continues to commit human rights violations. A new UN inquiry into those crimes is provides a moment of truth for Suu Kyi's commitment to justice, writes ICTJ's Aileen Thomson.

04/11/17
In Focus

“You Don’t Forget Your Torturers”: Wachira Waheire’s 30-Year Quest for Justice in Kenya

In 1986, Wachira Waheire was whisked off the street, taken to Kenya's most infamous torture chamber, and sentenced to four years in prison. Over the next 30 years, his quest for justice led him to meetings with his torturers to courtroom showdowns with the country's Attorney General. Discover his ongoing struggle for truth, acknowledgement, and reparations alongside all survivors of abuse in Kenya.

05/30/17
In Focus

Kenya's Security Sector Needs to Learn from the Past to Safeguard the Nation at this Critical Moment

Kenya is just days away from the 2017 general election, but challenges dot the horizon, including the recent assassination of an election official. ICTJ's Chris Gitari calls for a strong, accountable security sector and the implementation of the Truth, Justice and Reconciliation Commission Report.

08/02/17
In Focus

Amid Ethnic Cleansing in Myanmar, Where Does Transitional Justice Stand?

During the past month, over 400,000 members of Myanmar’s Rohingya Muslim community have been driven from their homes as part of an ethnic cleansing campaign led by the military. What lies at the root of the current violence, how is it connected to political transition, and does transitional justice have a role to play? ICTJ's Anna Myriam Roccatello answers those questions and more.

09/25/17
In Focus

Failure to Reform: A Critique of Police Vetting in Kenya

For decades, Kenyans have yearned for a police service that is accountable to the people and adheres to national laws and international human rights standards. The police stand accused of regularly meting out violence on the public, extra-judicial killings, and other human rights viol...

by

Christopher Gitari Ndungú

Briefing Paper

A Catalyst for Change: Engaging Youth in Transitional Justice

Although youth are key political and social stakeholders who have much to contribute to—and gain from—transitional justice processes, they often remain marginalized from such processes or are given only a limited and predetermined space in which to engage. In recent years, the peacebu...

by

Virginie Ladisch

Briefing Paper

Barcelona Course Explores Linkages Between Prevention and Transitional Justice

From October 1 to October 5, 2018, ICTJ hosted its eleventh intensive course on transitional justice in collaboration with the International Peace Center for in Barcelona. Participants included leaders in their respective fields, including human rights law, community justice and legal services, peacebuilding, education, and humanitarian affairs.

10/24/18
In Focus

Documentary Film Promotes Dialogue on Repairing a Legacy of State Violence and Exclusion in Northern Kenya

Kenyan media house Africa Uncensored has teamed up with the International Center for Transitional Justice (ICTJ) on a documentary that explores the Bulla Karatasi massacre that took place in the northern region of Garissa, Kenya, and its impact on communities in the North. The documentary will advance ICTJ’s efforts to partner with civil society on community-state dialogue initiatives, engage stakeholders around political and constitutional reforms stemming from the TJRC’s recommendations, and achieve redress for the legacy of state violence in Garissa and other communities in Northern Kenya.

11/19/18
Press Releases

Committing to Justice for Serious Human Rights Violations: Lessons from Hybrid Tribunals

This report aims to help practitioners in the transitional justice field to understand the experience of establishing and operating hybrid courts and to address some common assumptions about these entities. To do so, it looks at hybrid or mixed courts in practice, drawing on experienc...

by

Elena Naughton

Report

Kenya: Still Grappling with a Stalled Transitional Justice Mandate

Many countries have endured a violent past or a dictatorship that left behind a trail of human rights violations. During transitions to peaceful societies or democracies, there is a need to address that painful past to ensure that the violations do not recur in future. While some countries have made or are making laudable efforts to deal with the atrocities of the past, others like Kenya are regrettably still at the phase of wishing the painful past away.

12/17/18

by

Agatha Ndonga

In Focus

The Ways Kenya Can Learn From Its Past

On February 14, Kenyans once again confronted their painful relationship with law enforcement and revisited the deep mistrust born of historical abuses. In an unprecedented ruling, a court found five senior police officers potentially culpable in gruesome murder during the police response to the 2017 post-election protests. On the same day, a senior police officer was convicted of murder and jailed for life.

03/05/19
In Focus

Situating Security Sector Reforms in Kenya’s Discourse on Inclusion and National Dialogue Process

This paper explores political exclusion in Kenya and its consequences on the social fabric of the nation. It draws from past governmental reports and analysis to formulate new recommendations that can inform current discourse. It first provides an overview of ethnicity in Kenya. It th...

by

Christopher Gitari

Briefing Paper

Molding Justice: Women's Voices from the Tunis Gender Conference

ICTJ’s Gender Symposium, held on February 2 to 4, 2019, in Tunis, Tunisia, brought together fearless women leaders working in 8 countries to advance the needs of victims and to bring gender issues to the center of transitional justice processes. What was achieved? What experiences cut across these diverse contexts? Kelli Muddell and Sibley Hawkins reflect on these questions and more in this short podcast.

05/15/19
In Focus

In The Name of Loved Ones: Justice for the Missing and Disappeared

The trend of missing and disappeared persons due to conflict remains more prevalent than ever today. Many governments around the world have remained undeterred in their abuse of power to invade a home or community and remove persons deemed to be a threat. This intractable problem has received global attention largely due to the efforts of family members who often risk their lives in pursuit of the right to know and ‍‍to bury their loved ones.

08/28/19
In Focus

Can Building Bridges Break the Cycles of Corruption and Political Violence in Kenya?

In its report, the Kenya Truth, Justice and Reconciliation Commission concluded that “corruption is endemic in Kenya” and that “there is a direct link between corruption and gross violation of human rights.” This paper considers the extent of impunity for corruption in Kenya, how corr...

by

Agatha Ndonga and Ruben Carranza

Briefing Paper

Reforming Kenya’s Security Sector: Policing Culture and Youth

Between April 15 and May 3, 2019, ICTJ held a number of consultations with Kenyan youth from several informal settlements in Nairobi and Mombasa to reflect on their understanding of security sector reforms and their connection to the ongoing national dialogue process, particularly as ...

by

Agatha Ndonga

Briefing Paper

Ready for Change: Lebanon’s Youth Rise Up

For over a month now, Lebanese people have been in the streets peacefully calling for an end to corruption, economic disenfranchisement, and government mismanagement, calling instead for accountability and reform of the systems that have allowed these things to occur. The protests are historic for several reasons: their scope and magnitude, as well as the way they have unified a country that has for so long had division baked into nearly every aspect of life, down to its system of governance.

12/03/19
World Report

Will the ‘October Revolution’ Finally Bring Lebanon to a Reckoning with Its Past?

Lebanon’s ongoing “October Revolution” represents the largest decentralized, anti-government protest the country has seen at least since the end of the civil war in 1990. The demonstrations have brought thousands of Lebanese to the streets to condemn widespread corruption among the political class, paralyzing the country for weeks.

12/16/19

by

Nour El Bejjani Noureddine

In Focus

Ending Gender Violence in Elections: Inclusion of Women in Kenyan Politics and the National Dialogue Process from a Transitional Justice Perspective

In its primary findings, Kenya's Truth, Justice and Reconciliation Commission noted that women and girls have been subject to systematic, state-sanctioned discrimination in all spheres of their lives, and that the state has failed to take measures to end the practices that restrict wo...

by

Agatha Ndonga and Kelli Muddell

Briefing Paper