Resource Library

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...

South Africa’s Constitutional Court recently made a landmark ruling on the right to speak the truth about crimes amnestied by the Truth and Reconciliation Commission. ICTJ Truth-Seeking Consultant Howard Varney speaks about the ruling and its significance for South Africa and other countries.

On May 11, the South African Department of Justice and Constitutional Development (DOJ) invited comments on new regulations governing the distribution of reparations to victims of the apartheid era in the form of medical and educational benefits. Civil society organizations and groups representing survivors’ interests have raised concerns regarding the scope of the regulations, as well as the DOJ’s overall failure to engage with survivors and consider their views when drafting reparations policies.

ICTJ's expert conference on the relationship between truth-seeking and indigenous rights is in session. View the live stream here.

ICTJ hosted a conference on “Strengthening Indigenous Rights through Truth Commissions” July 19-21, 2011. Regional and international experts convened to discuss how truth commissions can incorporate and address indigenous peoples’ rights. Videos of each session and summaries of the conference proceedings are available.

As Nepal’s parliament enters the final discussions on a draft Truth and Reconciliation Commission (TRC) bill, questions remain regarding the relationship between amnesty and reconciliation provisions within the bill.

Five years since the end of Nepal's brutal civil war, victims are losing patience waiting for truth, justice, and reparation. Last year ICTJ completed a six month research project to analyze the effects of the the government's Interim Relief Program and determine the steps still required for Nepal to fulfill its obligation to provide reparations to victims. The findings have been published in a report titled “ From Relief to Reparations: Listening to the Voices of Victims.”

In societies confronting the legacies of war, tyranny, or entrenched injustice, the experiences of indigenous people have often been marginalized. ICTJ has published a handbook offering guidance on planning truth commissions and commissions of inquiry that safeguard the interests of indigenous communities and address violations against them.

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.

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.

Six years after a peace agreement formally ended the conflict in Nepal, the slow, painstaking process of building the country’s new democracy has yet to provide comprehensive reparation to victims. To fully acknowledge the experience of victims of the conflict, Nepal’s government should not mistake the issuance of relief through material benefits for the implementation of a comprehensive reparation program. This is one of the central recommendations of "Relief, Reparations, and the Root Causes of Conflict in Nepal," a major new report from ICTJ, and authored by Ruben Carranza.

On International Children’s Day, ICTJ reaffirms the importance of an active role of children and youth in transitional justice processes, such as truth-seeking, criminal accountability, and reparations programs. In the aftermath of societal upheaval, the voices of children and youth are often absent from peace negotiations and subsequent transitional processes. Though children and youth must be able to receive adequate care and necessary rehabilitation, they must not be regarded only as victims of massive human rights abuses: they are rights-bearing members of a society trying to confront the past, and active participants in the process of social change aiming for a new future. It is in the best interest of children and youth, as well as the societies in which they live, to participate in transitional justice processes, devised to reestablish rule of law and civic trust in the societies to which they belong.

Six years after the conflict ended, the government of Nepal has failed to initiate a comprehensive investigation into the past. As a result, it has failed to uphold the rights of victims and Nepali society to know the truth about abuses. Inaction is particularly cruel regarding the relatives of the disappeared, for whom lack of information on the fate and whereabouts of their loved ones equates to permanent anguish and extreme suffering.

As attested by the arrest on January 3, 2013 in the United Kingdom of Kumar Lama, a Nepali Army Colonel suspected of torture, the government of Nepal’s failure to pursue truth and accountability for conflict-era violations can have serious consequences. Rather than resisting UK efforts to implement its obligations under international law, the Nepali government should develop a full transitional justice programme and redouble its efforts to provide truth, justice and reparations inside the country.

In a major effort to promote accountability for serious crimes in Africa, ICTJ joined hundreds of human rights groups and transitional justice partners to ask the African Union to prioritize justice. Addressed to the new African Union (AU) Chairperson Dr. Nkosazana Dlamini-Zuma, the letter warns that strained relationships between the AU and the International Criminal Court (ICC) may put justice at risk.

In this edition of ICTJ's Program report, Kelli Muddell, director of ICTJ's Gender Justice program, reflects on ICTJ’s vision of gender justice, the challenges facing survivors of sexual and gender-based violence in times of transition, and how ICTJ is working to address inequality in countries like Colombia, Nepal, and Tunisia.

On April 10, the UN General Assembly is holding a thematic debate on the role of international justice in reconciliation processes. The debate was called by UN GA President Vuk Jeremic, of Serbia, in the wake of the recent acquittal of Croatian General Ante Gotovina by the International Criminal Tribunal for the Former Yugoslavia. Unfortunately, it has become clear that the real purpose of this debate is directed at undermining the ICTY, rather than to discuss an important issue, not only in the Balkans, but in a growing number of countries.

South African judge and human rights activist Albie Sachs is among the foremost transitional justice experts to have emerged from the anti-apartheid struggle and subsequent transition. In this interview with ICTJ Vice President Paul Seils, Sachs discusses the difficult balance of retribution and reconciliation, and offers possible lessons from the South African experience for other societies facing similar questions of truth and justice.

Reparations seek to recognize and address the harms suffered by victims of systematic human rights violations. ICTJ’s Reparative Justice program provides knowledge and comparative experience on reparations to victims' groups, civil society and policymakers worldwide. In this edition of the ICTJ Program Report, we look at ICTJ's work on reparations in dynamic transitional contexts such as Nepal, Colombia, Peru, DRC, and Uganda.

The one-day forum “Latin American Experiences with Truth Commissions,” organized by the International Center for Transitional Justice in Bogotá on July 22, brought together leading experts to discuss experiences and lessons learned from truth-seeking processes that shed light on massive human rights violations in four countries: Argentina, Guatemala, Paraguay, and Peru.

In the brutality of armed conflict or tyranny of a repressive regime, many who go missing are never found again: whether “disappeared” by agents of the state or abducted by an armed faction, the whereabouts of thousands are still unknown to this day. On this International Day of the Disappeared, ICTJ recognizes that enforced disappearances constitute crimes against humanity, and they affect women in ways unique from the impact on men.

Enforced disappearances are among the cruelest of crimes. To the kidnapping, torture, and in many cases, murder of the victim, perpetrators intentionally create fear and uncertainty about the fate of the missing person. Although men are predominantly targeted, the impact on women is severe and lasting.

In this opinion piece, Lucia Withers argues that Nepal's elected parties and their representatives should not limit their discussions to the establishment of a truth commission or whether it will provide for amnesties and/or prosecutions. Rather, they should focus on designing policies that are more comprehensive and that would better serve the rights and needs of conflict victims and contribute to broader peace-building efforts.

In this op-ed marking Universal Children’s Day, ICTJ's Virginie Ladisch explains why within transitional justice, the capacity to make positive choices and demonstrate moral agency are attributes that need to be encouraged and fostered in children, especially former child soldiers.

Dating back to the 1980s, when peace settlements were made across Latin America, truth commissions have become an important component of peace negotiations. In this opinion piece, ICTJ President David Tolbert calls for societies to give truth commissions a chance of fulfilling their potential by learning from their failures and success.

Can truth commissions help secure a just peace following a violent conflict in which massive human rights abuses are committed? In this special series of the ICTJ Forum, we present a series of conversations with some of the world’s top peace mediators and truth commission experts, whose collective experience include years on the front lines of critical peace agreements in Latin America, Africa, the Middle East, and Asia.

ICTJ mourns the passing today of Nelson Mandela, a luminary in the struggle for equal rights in South Africa and around the world. “Nelson Mandela’s courage in the face of oppression, his steadfast commitment to his principles and his magnanimous leadership during a difficult period of transition have long been an inspiration to me personally as well as to millions around the world. As we mourn our loss today, we celebrate a life of true greatness, dedicated to justice, without rancor or bitterness,” said David Tolbert, president of ICTJ.

ICTJ is deeply saddened by the death of Guatemalan Supreme Court Justice Doctor Cesar Barrientos Pellecer, this past March 2. Guatemala has lost one of its greatest crusaders against impunity in the country.

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.

Seven and a half years after the signing of the Comprehensive Peace Agreement, Nepal's Parliament voted to establish the Truth and Reconciliation Commission and a Commission of Investigation on Disappeared Persons. In this op-ed, ICTJ's Eduardo González Cueva explains why many victims have rejected the bill.

In early May, the African National Congress (ANC) held on to power in South Africa’s general election. However, there is a widespread feeling that the party that oversaw the creation of the groundbreaking Truth and Reconciliation Commission has walked away from its obligations to the South African people.

On the Day of the African Child, ICTJ recognizes the power of education to transform society, and acknowledges children and young people as agents of societal change, especially in countries dealing with a legacy of abuse.

During Nepal's armed conflict, more than 13,000 people were killed and 1,300 forcibly disappeared. Today, a new government has voted to create a Truth and Reconciliation Commission, as well as a Commission of Inquiry on the Disappearance of Persons. Many victims have protested the flaws in the proposals; meanwhile, no comprehensive reparations have been provided for those left most vulnerable by conflict. In this interview with ICTJ's Santosh Sigdel, we discuss developments related to ICTJ's work in Nepal.

The recent re-election of Colombia’s president, Juan Manuel Santos, brings hope to a country seeking to end a half-century of conflict. But, as with so many peace processes, finding a balance between creating a stable accord and acknowledging the terrible injustices that occurred during the conflict can be difficult to achieve.

In this op-ed, ICTJ Vice President Paul Seils argues that the front line of justice must always be national courts and justice systems. "Citizens must see social institutions at work in their home countries, as it is there that courts can repudiate wrongdoing and reaffirm the most fundamental elements of the contract that binds a society together. It is there that having the dignity of a citizen can have its fullest meaning," writes Seils on International Justice Day.

In this edition of the ICTJ Program Report, ICTJ Senior Associate Felix Reátegui discusses the principles behind the Truth and Memory program, and explains the imperatives of uncovering, acknowledging, and memorializing the past.

Transitional justice practitioners and activists from 18 different countries gathered in Barcelona to attend the 6th Intensive Course on Truth Commissions, organized by the ICTJ and the Barcelona International Peace Resource Center on September 29 - October 3.

President Jacob Zuma risks irreparably damaging the credibility of core elements of South Africa's deal with the victims of apartheid with his current plan to pardon 149 serious offenders and to potentially consider another 926 applications which are before him. Such a move would mark a profound breach of trust with the victims and South African society at large.

70-94% of the victims of enforced disappearances are men. But what happens to the women left behind? ICTJ's Amrita Kapur explains why women are uniquely impacted by the crime, and how transitional justice can help.

As we search for ways to halt the violence and foster lasting peace in societies grappling with a legacy of massive human rights abuse, there is arguably no more important day to reflect upon the importance of the struggle for truth and justice than today, March 24. Thus, we take a moment to mark the International Day for the Right to the Truth concerning Gross Human Rights Violations and for the Dignity of Victims.

The African Union, the Kofi Annan Foundation and ICTJ opened a high-level conference examining the role of truth commissions in peace processes. The two-day conference, titled “Truth Commissions and Peace Processes in Africa,” has gathered senior staff from the African Union and member states as well as international and national experts to reflect on lessons learned from truth commissions that have emerged from peace processes in Africa and other continents.

More than 1,000 people remain unaccounted for in Nepal following a decade of violence that concluded in 2006, and a new official body aims to shed light on these abductions. To support this critical mandate, ICTJ hosted an intensive three-week course for the commission, providing the technical and operational support necessary to finally tell the truth about Nepal’s disappeared.

The first piece in of our "Transitional Justice and Education" series examines the role of school systems in Bosnia and Northern Ireland.

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.

Can education help right the wrongs of the past, especially when the majority of the population was affected by those wrongs? Teboho Moja examines that question in the context of South Africa, where efforts to reform a discriminatory educational system and redress its consequences have been met with mixed results.

1,300 are still missing in Nepal, nearly a decade after the country's bloody civil war ended. The peace agreement was meant to provide for the families of the disappeared, but today they are still searching for answers. As a new government body begins investigations, victims wonder: is the commission fully committed to addressing their needs?

In a society grappling with the legacy of the past, citizens must make informed judgements and disentangle the facts from the sticky web of political rhetoric, denial, and polarizing propaganda. To do so, they rely on one key agent of social change: the media. But how can transitional processes effectively partner with the media and engage key constituencies? And what happens when media play a decisively negative role in mediating information about war crimes?

Later this month, Tunisians will have an opportunity to hear the truth about the dictatorship's abuses directly from victims in a series of public hearings hosted by the Truth and Dignity Commission. However, in order for these public testimonies to be effective, the media must cover victims' stories fully and explore the issues underpinning their experiences. South African journalist Max du Preez spoke with his Tunisian counterparts to help prepare them for the challenges they will face. We sat down with him afterwards to discuss the role of media in transitional justice processes.

South African authorities apparently believe that once the country has officially withdrawn from the ICC, it will be free to invite the likes of Sudanese President al-Bashir to the country. That's not so, writes ICTJ's Howard Varney, who explains why the country's obligations would continue beyond its departure from the court.

Jaya Luintel was a radio reporter in Nepal during the country's civil war, covering the conflict's impact on women. Now, she's helping female victims produce and broadcast their own stories to a national audience. Discover how her organization, The Story Kitchen, empowers women in Nepal.