224 results

South Africa: Constitutional Court Upholds Right to Express the Truth

CAPE TOWN, April 8, 2011 —In a landmark judgment handed down today the Constitutional Court upheld the rights of victims of apartheid era abuses, as well as the media and public, to speak the truth about crimes amnestied by the Truth and Reconciliation Commission (TRC). The court held that truth...

04/08/11
Press Releases

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.

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ICTJ; Howard Varney

Briefing Paper

Transitional Justice and DDR: The Case of Colombia (Brief)

The DDR process in Colombia aims to guarantee citizens their fundamental rights while at the same time to create space for the integration of demobilized armed groups. It remains to be seen if the Colombian DDR and transitional justice model can be implemented such that it satisfies b...

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Sergio Jaramillo, Yanet Giha and Paula Torres

Research Brief

Transitional Justice and DDR: The Case of Colombia (Case study)

The DDR process in Colombia aims to guarantee citizens their fundamental rights while at the same time to create space for the integration of demobilized armed groups. It remains to be seen if the Colombian DDR and transitional justice model can be implemented such that it satisfies b...

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Sergio Jaramillo, Yanet Giha and Paula Torres

Research Case Study

Truth Telling, Identities, and Power in South Africa and Guatemala

Truth commissions can provide a stage for a potentially powerful encounter with the past (and present) at the level of public discourse. While their capacity to effect transformation in societies marked by patterns of identity-related marginalization and exclusion is limited (and the ...

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Madeleine Fullard and Nicky Rousseau

Research Brief

Transitional Justice and DDR: The Case of South Africa (Brief)

Essential among South Africa's transition programs was a process to disarm, demobilize, and reintegrate ex-combatants and to create a new defense force integrating the armed forces of opposing parties into a united military structure. Yet, DDR remained largely independent from other t...

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Hugo van der Merwe and Guy Lamb

Research Brief

Transitional Justice and DDR: The Case of South Africa (Case study)

Essential among South Africa's transition programs was a process to disarm, demobilize, and reintegrate ex-combatants and to create a new defense force integrating the armed forces of opposing parties into a united military structure. Yet, DDR remained largely independent from other t...

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Hugo van der Merwe and Guy Lamb

Research Case Study

Colombia: Impact of the Rome Statute and the International Criminal Court

In Colombia, international crimes can be tried under the ordinary national jurisdiction as well as a limited number of cases under the Justice and Peace Law of 2005 (JPL). Neither jurisdiction has served to highlight the widespread or systematic nature of state-sponsored violence. ...

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ICTJ; Amanda Lyons, Michael Reed-Hurtado

Briefing Paper

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

Conflict and Transitional Justice in Africa

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. ...

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ICTJ

Fact Sheet

An Overview of Conflict in Colombia

Background of the generations-long conflict in Colombia involving the state, the guerilla group FARC and paramilitaries. The shifting boundaries between drug trafficking and political crime remain a serious obstacle to efforts to promote accountability and respect for human rights in ...

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ICTJ

Fact Sheet

South Africa: Notice of Application for Leave to Appeal

Applicants apply to the Supreme Court of Appeal against the judgment regarding North Gauteng High Court, Pretoria.

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South Africa North Gauteng High Court

Research Brief: Country case studies on the use of pardons

This research brief provides case studies on the use of pardons in Argentina, Chile, El Salvador, Peru and South Africa following periods of mass abuse, and highlights subsequent political and civil society action to overcome impunity exacerbated by pardons and amnesties.

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ICTJ

Research Brief

Transitional Justice in Colombia

In Colombia, the shifting boundaries between drug trafficking and political crime and the tension between security and human rights pose particular challenges for those seeking accountability for past abuses and respect for human rights.

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ICTJ

Fact Sheet

Southern African Regional Assessment Mission Reports

South Africa, Zimbabwe, Angola, Mozambique and Namibia have all experienced massive violations of human rights in the recent past. Apart from Zimbabwe, where a political crisis continues, all of these states have further seen the end of major conflicts within the last two decades. Onl...

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ICTJ

Report

In the High Court of South Africa: Judgment: Nkadimeng, et al

Document from the High Court of South Africa regarding a case on enforced disappearances.

Conflict and Transitional Justice in Africa (Dari)

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. ...

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ICTJ

Fact Sheet

The Criminal Procedure for Justice and Peace (Spanish)

This is a compilation of cases from the Criminal Chamber of the Supreme Court of Colombia.

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ICTJ, ASDI

Book

Transitions May 2011: Amnesty Does Not Erase the Truth

ICTJ's monthly newsletter, providing transitional justice news and updates from around the world. 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 C...

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ICTJ

Newsletter

Amnesty Does Not Erase the Truth

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.

05/02/11
In Focus

Colombia: Recognition of Armed Conflict a Positive Step

BOGOTÁ, May 12, 2011 —The decision by President Juan Manuel Santos to recognize the existence of an internal armed conflict in Colombia is a positive step toward transparency and truth-telling in that country, ICTJ said today. The Colombian government has denied for years the existence of an internal armed conflict there, although it was never in doubt from an international law perspective.

05/12/11
Press Releases

U.S. Counter-Narcotics Interests Killing Colombian Victims’ Hope

As the United States and Colombia near the signing of a free-trade agreement and resolve differences over labor rights and other issues, the problematic extraditions of paramilitaries accused of savage crimes committed during the years of counter-insurgency remain far from the spotlight.

05/13/11
In Focus

ICTJ Presents Two Film Premieres at Human Rights Watch Festival

ICTJ is pleased to announce two films premiering at the Human Rights Watch International Film Festival (HRWIFF) in June. IMPUNITY (New York premiere) + Q&A with filmmakers What is the cost of truth for families immobilized by Colombia’s violent past? In 2005, Colombia started gathering evidence...

05/24/11
In Focus

Overpromised, Underdelivered: Transitional Justice in Sub-Saharan Africa

This paper discusses the challenges encountered during efforts to pursue justice in a number of sub-Saharan African countries in transition, including Burundi, the Democratic Republic of Congo, Ghana, Liberia, Rwanda, Sierra Leone, and South Africa. It presents a background and geneal...

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ICTJ; Lydiah Bosire

Briefing Paper

ICTJ Report: Colombians Want Genuine Peace with Justice

This article focuses on the results of an ICTJ nation-wide survey: Colombian Perceptions and Opinions on Justice, Truth, Reparations, and Reconciliation. Colombians expressed a strong demand for accountability and reparations and low support for lenient sentences. ICTJ demands the Co...

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ICTJ

Report

The Contemporary Right to Property Restitution in the Context of Transitional Justice

This study examines the development of restitution and reparations in international law and practice over the last century. It aims to provide recommendations on how restitution can best contribute to transitional justice by reviewing four case-studies: the Czech Republic, South Afric...

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ICTJ; Rhodri C. Williams

Briefing Paper

South Africa: New Reparations Plan Embitters Many Victims

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.

06/06/11
In Focus

Seeking Reparations for Apartheid Victims: Interview with Dr. Marjorie Jobson

Earlier this month, South Africa’s Department of Justice and Constitutional Development proposed draft regulations relating to reparations for apartheid-era victims. In an ICTJ podcast, Dr. Marjorie Jobson, National Director of the Khulumani Support Group assesses the draft regulations and puts forth ideas on how to better address victims’ needs. [Download](/sites/default/files//sites/default/files/Jobson_ICTJ_Podcast_05302011.mp3) | Duration: 7mins | File size: 4MB

06/06/11
Podcasts

Colombian Accountability and HRWIFF Films: Podcast with Michael Reed

In this week’s podcast Michael Reed Hurtado, head of ICTJ’s Colombia program, discusses Colombia’s transition and ongoing conflict and how the films La Toma (The Siege) and Impunity reflect the processes he sees on the ground. [Download](/sites/default/files/Reed_ICTJ_Podcast_06052011.mp3) | Duration: 7mins | File size: 3.85MB

06/07/11
Podcasts

Comments on the Draft Regulations Published by the Department of Justice Dealing with Reparations for Apartheid Era Victims

The South African Coalition for Transitional Justice (SACTJ) submits the following comments regarding the May 11, 2010 General Notice 282 published in the Government Gazette. The Coalition objects to the Notice 282 regulations on procedural, constitutional, and international law groun...

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South African Coalition for Transitional Justice

Strengthening Indigenous Rights through Truth Commissions | July 19–21 New York

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

07/19/11
In Focus

Strengthening Indigenous Rights through Truth Commissions

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.

07/25/11
In Focus

Amicus Curiae Brief: South Africa Apartheid Reparations Case

ICTJ filed an amicus brief in the apartheid reparations case before the Southern District Court of New York on November 25, 2009. The brief supports a decision by the South African Government not to oppose legal action against five international companies that are accused of aiding an...

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ICTJ

Through a New Lens: A Child-Sensitive Approach to Transitional Justice

“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...

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ICTJ; Cécile Aptel; Virginie Ladisch

Report

Through a New Lens: A Child Sensitive Approach to Transitional Justice

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

09/01/11
Podcasts

ICTJ Presents: PBS Series “Women, War & Peace” – War Redefined

On October 11, PBS will launch the five-part series "Women, War & Peace," focusing the dialogue about conflict and security on the roles women play both as targets of violence and key partners in the peace process. ICTJ sat down with two of the three producers, Pamela Hogan and Gini Reticker, to discuss insights from the upcoming series. [Download](/sites/default/files/Hogan_and_Reticker_ICTJ_Podcast_10052011.mp3) | Duration: 14:38mins | File size: 8.75MB

10/06/11
Podcasts

Transcript: Tina Rosenberg speaks on violence in Latin America

This year marks the 20th anniversary of the publication of Children of Cain, the first book by writer and journalist Tina Rosenberg. ICTJ spoke with Rosenberg about how political violence has evolved in Latin America over the past 20 years, and the continuing need for accountability for past atrocities.

11/22/11
In Focus

Tina Rosenberg speaks of violence in Latin America, 20 years later

This year marks the 20th anniversary of the publication of Children of Cain , the first book by writer and journalist Tina Rosenberg. ICTJ spoke with Rosenberg about how political violence has evolved in Latin America over the past 20 years, and the continuing need for accountability for past atrocities.

11/22/11
In Focus

Memory: Public Policy for Transformation in Colombia

ICTJ and the Center for Memory, Peace and Reconciliation of Colombia are organizing an event on Memory: Public Policy for Transformation. Dialogue at the conference will serve as the basis for providing recommendations to the process of creating the Center for Historical Memory and designing public memory policy in the country.

11/23/11
In Focus

Research Brief: Country case studies on the use of pardons

Case studies on the use of pardons in Argentina, Chile, El Salvador, Peru, and South Africa.

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ICTJ

Research Brief

Impunity Must be Fought at the National Level: Podcast with David Tolbert

If the international community is seriously committed to fighting impunity for mass atrocity, national courts in the countries where such crimes have been committed must be at the frontline. International development actors are crucial to making this possible. [Download](/sites/default/files/Tolbert_ICTJ_Podcast_11302011_2.mp3) | Duration: 12:33mins | File size: 7KB

12/05/11
Podcasts

Colombia's Landmark Ruling Orders Reparations for Former Child Soldiers

December 16, 2011 saw the world’s first ruling mandating reparations be paid for the unlawful recruitment of minors into armed forces. More than 300 former youth paramilitaries in Colombia will receive reparations including monetary compensation and medical and psychological care.

01/17/12
In Focus

Memory Reconstructs Society and Reestablishes Rights

In a simple house made of wood and straw and smelling of earth, women, girls, and the occasional man narrate, sometimes laughing and other times crying, the stories of how their life used to be before being forcibly displaced to San Juan Nepomuceno. This is one of the many local memory initiatives taking place throughout Colombia today.

03/13/12
In Focus

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

Photo Gallery: Colombia's National Victims' Day

On April 9, Colombia commemorated for the first time the National Day of the Memory and Solidarity with the Victims. This photo gallery collects the expressions of commemoration that took place in three cities in the country: Bogotá, Medellín and Villavicencio.

04/13/12
In Focus

Indigenous Rights and Transitional Justice: Two Side Events to the UN Permanent Forum

In seeking to establish accountability for past atrocity, many transitional justice mandates have also sought to redress crimes against indigenous populations. To further explore this relationship, ICTJ and our partners in Canada and Colombia are holding two side events to the UN Permanent Forum on Indigenous Issues.

05/07/12
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