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 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.

Kenya plunged into a dark episode of violence following the controversial presidential election of 2007. The International Criminal Court’s (ICC) recently announced its investigation into issues of complementarity, peace, justice, victims, and affected communities in the country. ...

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...

Efforts underway to address the 2008 Kenyan post-election crisis and the conditions that caused it have provided the country with a unique opportunity to address its long history of human rights violations.

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.

Background on the challenges in addressing legacies of past violence in sub-Saharan African countries such as Uganda, Ethiopia and Eritrea. The fact sheet gives an overview of the situation in the region and ICTJ's approaches in promoting transitional justice in individual countries. ...

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...

The National Accord, negotiated in February 2008 by the Panel of Eminent African Personalities led by Kofi Annan, ended the months of violence that followed Kenya’s 2007 presidential election. The transitional justice mechanisms established by the accord have created an opportunity to...

As the first truth commission in the region, Morocco’s Equity and Reconciliation Commission sought to address the legacy of more than 40 years of repression and human rights violations known as the “Years of Lead.” The commission was part of a gradual process of dealing with the past,...

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...

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...

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...

The Commission of Inquiry into Post-Election Violence (CIPEV) was the outcome of the Kenya National Dialogue and Reconciliation Accord of February 28, 2008, negotiated by Kofi Annan and the Panel of Eminent African Personalities, and its sister agreement of March 4, 2008, known as Age...

A range of transitional justice measures should be considered in addressing the Kenyan crisis, including holding key perpetrators to account in a court of law, providing reparations for victims of the recent violence, and vetting security forces in order to remove those involved in ab...

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...

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.

Background on the challenges in addressing legacies of past violence in sub-Saharan African countries such as Uganda, Ethiopia and Eritrea. The fact sheet gives an overview of the situation in the region and ICTJ's approaches in promoting transitional justice in individual countries. ...

The Kenya Transitional Justice Brief, a quarterly bulletin by ICTJ highlighting current developments in the field of transitional justice in Kenya. This first edition provides a summary and analysis of developments surrounding the International Criminal Court's (ICC's) involvement in ...

This report traces the human rights abuses under King Hassan II—including arbitrary arrest, torture, and disappearance—that led to the development of the Moroccan Equity and Reconciliation Commission (Instance Équité et Réconciliation (IER)). It provides both a historical reference an...

This paper documents the opinions of victims of human rights violations in Kenya about the country’s unfolding transitional justice process. The first section gives background into the human rights violations; the second section presents victims ideas about reparative justice. The rep...

“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...

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 ...

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...

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...

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 ...

Established in 2004, Morocco’s Equity and Reconciliation Commission (IER: l’Instance équité et réconciliation) was one of the first attempts made in the Arab world to address human rights violations perpetrated in the post-independence period. It also aimed to include female victims o...

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...

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 ...