72 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.

by

ICTJ; Howard Varney

Briefing Paper

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...

by

Hugo van der Merwe and Guy Lamb

Research Case Study

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. ...

by

ICTJ

Fact Sheet

Truth and Reconciliation in Morocco

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,...

by

ICTJ

Report

The Rabat Report: The Concept and Challenges of Collective Reparations

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...

by

ICTJ

Report

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.

by

ICTJ

Research Brief

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...

by

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. ...

by

ICTJ

Fact Sheet

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

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...

by

ICTJ; Lydiah Bosire

Briefing Paper

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...

by

ICTJ; Rhodri C. Williams

Briefing Paper

Transitional Justice in Morocco: A Progress Report

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...

by

ICTJ; Veerle Opgenhaffen, Mark Freeman

Report

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

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

Remaining at the Forefront: Podcast with Kelli Muddell

In this podcast, Kelli Muddell, director of ICTJ’s Gender Justice Program, discusses ICTJ's work on gender and transitional justice in the Middle East and North Africa, which included a meeting of women policymakers and activists in Amman, Jordan earlier this month. [Download](/sites/default/files/Muddell_ICTJ_Podcast_07172011.mp3) | Duration: 8mins | File size: 4.5MB

07/18/11
Podcasts

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...

by

ICTJ

Morocco: Gender and the Transitional Justice Process

Morocco’s “Years of Lead” period was marked by policies of state violence against political dissidents including torture, arbitrary detention, and enforced disappearances. “ Morocco: Gender and the Transitional Justice Process ” analyzes whether the various transitional justice processes undertaken by the IER sufficiently fulfill the gender-specific focus of its mandate.

10/13/11
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.

by

ICTJ

Research Brief

Morocco: Gender and the Transitional Justice Process

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...

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Julie Guillerot; Naima Benwakrim; Maria Ezzaouini; Widad Bouab

Report

Zuma’s Presidential Pardons Process “Unconstitutional”

Almost 150 criminals, racist killers, and those responsible for mass atrocities committed during and immediately after apartheid have been recommended for special pardon in a deeply flawed and unconstitutional process headed by President Jacob Zuma, the South African Coalition for Transitional Justice (SACTJ) warned today.

06/15/12
Press Releases

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

Ignoring Cries for Justice, South Africa Fails Victims of Apartheid-era Crimes

Years after the Truth and Reconciliation Commission issued its final recommendations, victims of apartheid-era crimes are still fighting for adequate reparation and rehabilitation. Will the government of South Africa listen? In the latest episode of ICTJ’s podcast, we speak with ICTJ Senior Program Adviser Howard Varney, who explains why the vast majority of victims still await justice. [Download](/sites/default/files/Howard_Varney_ICTJ_Podcast_12212012.mp3) | Duration: 24:29mins | File size: 14,351 KB

01/07/13
Podcasts

African Union Must Act to Address Impunity for International Crimes

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.

01/18/13
In Focus

ICTJ to Take Part in Seventh Al Jazeera Forum: “Arab World in Transition: Opportunities and Challenges”

ICTJ’s president David Tolbert will be one of the featured speakers at this year’s Al Jazeera Forum in Doha, Qatar, which aims to explore the complex transformation of the socio-political and media landscapes of the Middle East and North Africa.

03/12/13
In Focus

Can International Justice Foster Reconciliation?

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.

04/10/13
In Focus

Soft Vengeance: An Interview with South Africa’s Albie Sachs

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.

04/22/13
In Focus

ICTJ Program Report: Reparative 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.

05/13/13
In Focus

Enforced Disappearances: Justice for the Disappeared Has a Woman’s Face

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.

08/30/13
In Focus

ICTJ Mourns the Passing of Nelson Mandela, a Luminary in the Struggle for Justice

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.

12/06/13
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

20 Years On, ANC Rules but Legacy of Apartheid Still Lingers

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.

05/28/14
In Focus

Youth and Transitional Justice: The Power of Education

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.

06/16/14
In Focus

ICTJ Program Report: Truth and Memory

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.

09/18/14
In Focus

Barcelona: ICTJ Trains Advocates from 18 Countries on Truth Commissions

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.

10/16/14
In Focus

Political Pardons Would Damage the Legacy of South Africa's Truth and Reconciliation Commission

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.

03/06/15
In Focus

Family Seeks Justice in South Africa for Anti-Apartheid Activist 32 Years after her Torture and Disappearance

Thembi Nkadimeng, the sister of disappeared anti-apartheid activist Nokuthula Simelane today filed an application before the Pretoria High Court compelling the National Director of Public Prosecutions and the Minister of Justice to refer the kidnapping, torture, disappearance and murder of Nokuthula Simelane to a formal inquest. This case is aimed at bringing closure to the 32 year old abduction, torture and enforced disappearance of Nokuthula Simelane.

05/20/15
Press Releases

ICTJ: South Africa Allows Bashir to Depart, Dealing Grave Blow to Victims’ Rights and International Justice

The actions of the South African government, in allowing Bashir to depart, have dealt a grave blow to the rights of victims of atrocities in Darfur and to the prospects of establishing a credible system of international criminal justice through the ICC.

06/15/15
Press Releases

ICTJ Deplores ANC Resolution to Lead Africa-wide Withdrawal from ICC

ICTJ deplores the resolution of the African National Congress, at its National General Council meeting on Sunday, to withdraw South Africa from the International Criminal Court and lead an Africa-wide walkout from the court.

10/13/15
Press Releases

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

What is the Role of Truth Commissions in Peace Processes in Africa?

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.

04/18/16
In Focus

Educational Reform in Divided Societies: Northern Ireland and Bosnia

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

06/28/16
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