89 results

This briefing paper sets out the obligations of the state and international best practice with respect to the right to truth, both as a key element of a transitional justice strategy and as a critical component of providing effective remedy to victims of gross violations of human righ...

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 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.

The report examines the measures taken in Nepal to redress victims following the 2006 peace agreement, which formally ended the ten-year civil war between the government and Maoist rebels. It looks closely at the Interim Relief Program (IRP) — a compensation scheme instituted in 2008 ...

In the first ICTJ Forum, transitional justice experts discuss the upcoming peace negotiations between the Colombian government and leftist FARC rebels, the UN Security Council debate on accountability for crimes against children, the proposed ordinance on a Truth and Reconciliation Commission in Nepal, and the first report to the UN Human Rights Council by the recently appointed Special Rapporteur on 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.

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.

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 paper considers the efforts of Timor-Leste’s Commission for Reception, Truth and Reconciliation to address the forced displacement that occurred during the period of Indonesian occupation and in the post-Popular Consultation violence of 1999. It examines linkages between the wor...

The 2006 crisis in Timor-Leste saw close to 15 percent of the population displaced from their homes, threatening to sink the country into protracted instability and violence. Remarkably, five years later the country was back on track, with the internal displacement issue largely reso...

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.

Indigenous peoples are among those most affected by contemporary conflict. The resource-rich territories they occupy are coveted by powerful, often violent groups. Their identity is perceived with mistrust, sometimes with hate. Indigenous communities live at a precarious intersection ...

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.”

Based on interviews with 1,200 people, this study assesses conflict victims' experience with the government's Interim Relief Program since its inception in 2008. The findings are intended to inform a future reparations policy that would seek to help those whose human rights were viola...

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.

During peace negotiations, there is often a belief that providing amnesties for certain crimes will help promote national reconciliation. Nepal's Truth and Reconciliation Commission (TRC) Bill currently contains provisions on both amnesty and reconciliation. However, the Bill itself i...

JAKARTA, Nov. 15, 2011—Experts and stakeholders from Cambodia, the Philippines, Bangladesh, Indonesia, Burma, Timor-Leste, Thailand, and Nepal, along with international experts are gathering in Jakarta’s Hotel Atlet from November 15–16 to discuss the need for progress on prosecuting serious crimes in Asia.

As of 2010, over 1 billion children worldwide were living in territories affected by armed conflict, over one-quarter of them under the age of five. This means the “average” civilian victim—a person killed, injured, or forced to flee his or her home—is likely to be a child or youth. ICTJ’s pioneering report “ Through a New Lens: A Child-Sensitive Approach to Transitional Justice” analyzes experiences of four countries—Liberia, Democratic Republic of Congo (DRC), Colombia and Nepal—and identifies some key lessons on children’s participation in transitional justice measures. [Download](/sites/default/files/Ladisch_ICTJ_Podcast_31092011.mp3) | Duration: 7mins | File size: 4.2MB

“Through a New Lens: A Child-Sensitive Approach to Transitional Justice” analyzes experiences of four countries—Liberia, Democratic Republic of Congo (DRC), Colombia and Nepal—and identifies some key lessons on children’s participation in transitional justice measures. Authored by Céc...

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.

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

This paper analyzes the Maubuti case in Timor-Leste, the third serious crimes case to be brought to trial after the closure of the UN-supported Serious Crimes Unit in 2005. Maubuti was indicted for crimes against humanity including murder, attempted murder, and rape. The decision and ...

This paper analyzes the serious crimes process the UN established in Timor-Leste to try serious violations of human rights perpetrated in 1999. The main difficulty facing this process is that the vast majority of suspects are in Indonesia, and the Timorese government has not been able...

This report examines community expectations and experiences of Timor-Leste’s unique transition from occupation to independence. It documents the results of focus group discussions on an array topcis including violence and conflict, truth recovery, justice, accountability, reconciliat...

This paper considers the UN-sponsored regime established to respond to the crimes committed in East Timor during the Indonesian occupation between 1975 and 1999. The story of the quest for justice in East Timor perhaps can be summed up as one involving good intentions that were not ba...

In August 2006 the Security Council created the UN Serious Crimes Investigation Team, as an extension of the previous investigation under the UN Integrated Mission Timor-Leste.

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 arises out of a perceived opening or window of opportunity for transitional justice intervention around the specific gross human rights violation of enforced disappearances and abductions in Nepal. This issue connects powerfully to several dominant concerns within the tran...

ICTJ hosted a meeting, “Peace and Justice in Asia,” with a particular focus on Indonesia, Timor-Leste, and Nepal, on December 2-3, 2008. The two-day conference brought together senior experts, officials, and community leaders from three distinct areas that have suffered conflict in In...

Indonesia and Timor-Leste created the Commission for Truth and Friendship (CTF) bilaterally in 2005. The commission has not yet delivered substantive transitional-justice benefits, and its public hearings have seriously compromised the goals of truth and resconciliation. This report i...

In July 2008 the Timorese-Indonesian Commission of Truth and Friendship (CTF) submitted its final report on atrocities committed in East Timor in 1999. Previously the CTF had been criticized by human rights groups, especially in relation to its power to recommend amnesties and its con...

In 1996, six years after Nepal replaced its absolute monarchy with multi-party democracy, Maoist rebels launched an armed struggle that led to an estimated 13,000 deaths over the next decade. In November 2006 the rebels and government made peace, paving the way for the abolition of th...

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 ...

In April 2008 historic elections to Nepal’s Constituent Assembly led to a political watershed: former Maoist guerrillas surprised everyone by coming out ahead, suggesting that a new era had come to Nepal. In its first sitting, the Constituent Assembly declared Nepal a republic and bro...

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.

In August 2006 the United Nations Security Council mandated the establishment of the Serious Crimes Investigation Team (SCIT) as an extension of the previous “serious crimes” process, under the UN Integrated Mission in Timor-Leste (UNMIT). Early in 2008, the team began assisting the c...

Gender-based violence, including sexual violence was a common feature of the 10-year-long armed conflict between the security forces and the Communist Party of Nepal – Maoist (CPN-M), yet few individual incidents were reported.

The importance of an independent, representative, and competent truth and reconciliation commission (TRC) to guarantee the rights of victims to truth, justice, and reparations should not be underestimated. Key recommendations in this regard are included in this briefing.