94 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

Colombia Commemorates its First National Victims’ Day

Colombia marked the country’s first National Day of Memory and Solidarity with the Victims April 9. For the millions who have suffered human rights violations in Colombia’s entrenched armed conflict, this was a day for their voices to be heard and their suffering to be acknowledged by the state; a nationwide call for accountability and reconciliation in a highly divided society.

04/10/12
In Focus

Feature Series: Colombia’s Justice and Peace Process

Colombia’s Justice and Peace Law (JPL) lies at the heart of the country’s efforts to dismantle notorious paramilitary groups and provide justice to thousands of their victims. As the government seeks to reform the JPL to allow for a more effective process, ICTJ will run a series of features to provide a deeper insight into the background and successes and challenges of the law.

05/08/12
In Focus

Justice and Peace Process Should Lead to the Most Responsible

Colombia continues to endure a complex conflict spanning more than four decades that has resulted in almost 400,000 registered victims and has displaced more than three million people. In a podcast with ICTJ’s vice president Paul Seils, we explore the concepts of prioritization and selection of cases and their relevance to Colombia's Justice and Peace process.

05/09/12
In Focus

Justice and Peace: Progress and Great Challenges

It has been nearly seven years since the passage of the Justice and Peace Law (JPL) in Colombia. The process continues today amidst controversies and important reflections on the direction it should take. What progress has been made and what are the shortcomings of how the law has been implemented?

05/10/12
In Focus

Reforming the Justice and Peace Law: A Forum for Debate

With the goal of creating an opportunity for debate between civil society and the Colombian government on JPL reform, ICTJ and the Mission to Support the Peace Process from the Organization of American States have organized an event titled “Challenges and Opportunities of the Justice and Peace Law Reform,” to take place May 14 in Bogotá.

05/11/12
In Focus

In Renewed Effort to End Hostilities, Colombia Adopts New Transitional Justice Tools

After several months of intense political debate, Colombia’s Senate passed constitutional reform measures containing extensive transitional justice provisions. The Legal Framework for Peace was adopted to confront decades of massive human rights violations and help to bring a sustainable peace to Colombia’s ongoing internal armed conflict.

07/11/12
In Focus

The Case for Justice

Why pursue transitional justice in the aftermath of massive human rights violations? “The Case for Justice” provides a window into the debate about the relevance of transitional justice in today’s world.

07/16/12
In Focus

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

“No Accountability, No Dignity:” Colombia Celebrates International Justice Day

As Colombia marked International Justice Day, the importance of accountability for violations committed during the decades of conflict was underscored in the number of victims awaiting justice—376,000 registered in the Attorney General’s Office, more than 4 million in total. And while July 17 is celebrated as the date of adoption of the Rome Statute of the International Criminal Court, it is clear that in countries like Colombia accountability extends beyond criminal trials.

07/19/12
In Focus

Building Trust and Strengthening the Rule of Law

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...

by

Alexander Mayer-Rieckh

Briefing Paper

No One Above the Law: Vetting the Security Sector in Nepal

Nepal’s armed conflict ended six years ago, but commitments made to pursue accountability and establish oversight over security forces have yet to be implemented. 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 accountability for serious crimes, it undermines the ability of its security forces to maintain the rule of law and protect a new era of peace.

08/24/12
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: Colombia

The latest ICTJ Program Report explores transitional justice issues in Colombia and charts our work in the country with the longest running armed conflict in the world. In this interview, head of ICTJ's Colombia office Maria Camila Moreno answers questions on the ongoing transitional justice mechanisms in the country, and describes ICTJ's work with the government and civil society groups on issues of criminal justice, reparations and memory. She provides a look ahead to the new peace negotiations between the Colombian government and the FARC, and identifies key transitional justice issues at stake for the talks.

10/02/12
In Focus

Peace and Justice at the Negotiating Table: Colombia Talks Peace with FARC

An end could be in sight for the longest-running armed conflict in the Western Hemisphere. Peace negotiations between the government and the Revolutionary Armed Forces of Colombia (FARC) rebels have begun on 17 October in Oslo, Norway, and will continue in Havana, Cuba.

10/22/12
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

On Victims’ Day, Colombia Marches for Peace

With the aim of reinforcing the legitimacy of the peace process, which could lead to a historic compromise that would deeply influence the future of the country, thousands of Colombians are marching today to express their support for the discussions, for peace, and for democracy. Their motto is: “We are the majority: Now is the time for peace!”

04/09/13
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

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

Morocco Still a Model for Justice in MENA, but Questions Remain

The month of January has a particular significance in the Middle East and North Africa. It was the month when the Arab uprisings were sparked five years ago. It was also the month when the transitional justice process was inaugurated in Morocco, 12 years ago. What can be learned from Morocco’s experience?

02/08/16
In Focus

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

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

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

Barcelona Course Examines a Responsive Approach to Justice and Peacebuilding

This summer, our Intensive Course on Transitional Justice and Peace Processes brought experts from around the world together in Barcelona to examine how transitional mechanisms can be integrated into peace negotiations. Read about the course and watch interviews with our experts.

07/26/16
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

“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

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

Turning Tears into Happiness: The Prospects of Local Reparations Initiatives in Nepal

Nepal’s new local government structure – comprised of districts, municipalities, sub-municipalities, and wards formed within the new federal system under the 2015 Constitution – offers the possibility of some individualized redress for victims at the community-level. This article by Elena Naughton was published in the Kathmandu Post on May 6, 2018.

04/26/18
In Focus

“Now Is a Time to Lead:” Advancing Transitional Justice Initiatives through Local Governments in Nepal

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...

by

Elena Naughton and Kelen Meregali

Report

Holding a Mirror to Society: Acknowledgment and the Struggle for Indigenous Peoples Rights

Indigenous peoples are still some of the most marginalized and vulnerable communities around the world. In a conflict, they are often some of the most affected as their resource-rich territories are coveted by powerful and violent groups, their identity and loyalty perceived with mistrust, and their...

08/08/18
In Focus

Colombia’s Truth Commission Prepares to Embark on the Extraterritorial Truth-Telling Process

In the dynamic political landscape that has emerged following 50 years of conflict, Colombia is taking steps toward truth and accountability. The Commission for the Clarification of Truth, Coexistence, and Non-Repetition (the “Commission”) is scheduled to begin taking statements in November 2018. As part of its mandate, it will hear the stories of victims now living throughout the Diaspora.

08/22/18
In Focus

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

Fanning the Flames of Hope in Nepal

Victims in Nepal have been calling on the government for public consultation to ensure wider discussion, a process that would allow them to share their expectations, help them to comprehend the dense language of the proposed amendments and its many gaps. They needed to understand the dubious phrasing especially on issues of criminal accountability that created suspicion, instead of trust and legitimacy in the process.

10/25/18

by

Kelen Meregali

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

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