Resource Library

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.

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...

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.

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 ...

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...

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 ...

This joint report by ICTJ and the Institute for Human Rights Study and Advocacy (ELSHAM-Papua) provides important insight into the ongoing debate on steps required to achieve a sustainable peace in Papua. The report reviews Papua's recent history within a transitional justice framewor...

In collaboration with the Brookings-LSE Project on Internal Displacement, ICTJ’s Research Unit examined how transitional justice can be used to address the range of injustices associated with displacement and thereby serve as part of a comprehensive approach to the resolution of displ...

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 acc...

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...

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.

What hope is there for justice for victims of atrocities in profoundly fractured societies, where systems of government have broken down and social and political divisions run deep? What is the role of transitional justice in forging peace in countries like Colombia, after decades of ...

This report presents the main findings of a multiyear research project conducted by the International Center for Transitional Justice on the challenges and opportunities of responding to serious and massive human rights violations in different contexts. The project commissioned 21 stu...

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...

These are especially challenging times for those of us who work to assist societies in dealing with a legacy of atrocities and massive human rights violations. Violent armed conflicts have increased in number, duration, and ferocity around the globe. Immense displacement and waves of ...

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...

This report aims to help local governments, victims’ groups, and other stakeholders in Nepal to understand the scope of and potential inherent in local governmental powers and to identify what local governments can do to design and implement initiatives that support victims of conflic...

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...

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...

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...

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 ...

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...

This report examines the police vetting in Kenya that was part of a broader reform in response to the 2007-2008 post-election violence, focusing on why civil society became disillusioned with the initiative. Drawing on interviews with civil society representatives and former members o...

This policy brief presents recommendations for transitional vetting based on insights from research on vetting practice. It is meant to complement existing guidelines on vetting put forth by the United Nations and other international organizations. It defines vetting and the risks it ...

On March 2 and 3, 2020, transitional justice and anti-corruption policymakers, experts, and activists from the Gambia, Kenya, South Africa, Armenia, and Tunisia met in Tunis for a two-day conference to share solutions to a common problem: How can countries emerging from dictatorship, ...