524 results

This article examines the various points at which accountability for economic crimes, including large-scale corruption, intersects with accountability for human rights violations. Because corruption and human rights violations are mutually reinforcing forms of abuse, the field of tran...

The purpose of this paper is to outline a proposal for a reparations program for Timor-Leste. Timor-Leste has experienced a number of mechanisms designed to provide justice for past wrongs. These have attempted to provide truth, criminal justice, and security sector reform. However to...

The survey sought to ascertain the opinions and expectations of the victims and their families in Nepal on a range of transitional justice issues, such as human rights violations, truth-seeking, justice, accountability, reparations, and reconciliation.

This report is intended to contribute to the work of National Commission for Social Action (NaCSA) and of other organizations involved in providing reparations to victims in Sierra Leone. It aims to identify some of the lessons from the Year One Program program, and to help define the...

While not seen as sufficient in and of themselves as a means of reparation, the concept of “collective reparations” has been one of the ways in which reparation advocates have respond to practical challenges and to the overall complexity of responding to massive violations of human...

A wide array of international donors are working with Timor-Leste to help support reform in the security sector. While many of these programmes have had a positive impact, donor-driven security reform agendas have been under-coordinated. Fortunately, this is beginning to change, as ...

Of the 26 countries in the lowest bracket of the UN Development Programme’s 2008 Human Development Index, six have large victim communities expecting reparations as a result of truthseeking and criminal justice measures.

The design and implementation of reparations for victims in the aftermath of large-scale and serious human rights violations is an area rife with challenges.

Both of the books reviewed here provide deep analysis regarding the challenges of repairing historical mass crimes and past harmful policies, aswell as the limitations and difficulties of such endeavors.

Reparations play a unique role within the transitional justice framework in providing justice for victims.

In October 2008, fighting erupted in the North Kivu province in eastern Democratic Republic of Congo (DRC) between rebel troops of Laurent Nkunda's Congrès National pour la Défense du Peuple (CNDP) movement, local militia groups, and troops of the Forces Armées de la République Démocr...

This paper is meant to help the Extraordinary Chambers in the Courts of Cambodia (ECCC), the civil parties before the court and other Khmer Rouge period survivors and their families deal with practical and legal issues in the course of fulfilling the reparations mandate of the ECCC. ...

In the lead up to Afghanistan's second cycle of elections in 2009 and 2010, this report aims to analyze the legal and operational framework for vetting candidates in the upcoming elections; describe and assess the challenges to the vetting process in the previous elections; map out po...

Political choices made early on in the state-building process have contributed to the current governance and rule of law deficit in Afghanistan. European actions have been marked by a lack of coordination between political and development assistance as well as diverse – and sometimes ...

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...

Timor-Leste has implemented a number of transitional justice mechanisms to address the legacy of human rights violations that occurred in relation to the 1975 Timorese civil war and 24-year Indonesian occupation.These mechanisms have failed to provide victims with meaningful reparatio...

Providing the Minister for Social Solidarity with the unfettered discretion to dismiss and appoint members of the institute’s Governing Board renders the institute vulnerable to politicization and undermines the institute’s ‘technical, administrative and financial autonomy.

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...

This paper maps out some of the links between transitional justice, SSR, and development. It is argued here that SSR and transitional justice can be understood to complement each other in ways that have received little attention so far, and that bringing in a substantive and direct fo...

This publication, written for the UNDP, provides operational guidelines on the implementation of vetting programs in post-conflict societies.

The general aim of this paper is to construct an argument about the advisability of drawing links between disarmament, demobilization, and reintegration (DDR) and reparations programs, but not just because this is better from the standpoint of justice. It can be argued that the securi...

In situations of large scale violence and repression, reparations are best conceptualized as rights-based political projects aimed at giving victims due recognition and at enhancing civic trust both among citizens and between citizens and state institutions. This paper explores, in th...

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.

ICTJ and the Center for Global Affairs of New York University (NYU) co-hosted a panel discussion on the impact of international ad hoc tribunals in the former Yugoslavia and Rwanda, and the possible lessons these courts’ experiences hold for the International Criminal Court (ICC). In a discussion...