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2. Transitional Justice in Africa: What's Human Rights Got to Do with It?
- Author:
- Elsabe Boshoff
- Publication Date:
- 05-2021
- Content Type:
- Policy Brief
- Institution:
- Centre for the Study of Violence and Reconciliation (CSVR)
- Abstract:
- The African Commission on Human and Peoples' Rights has the potential to play a significant role in the development of holistic transitional justice approaches by providing a framework for states based on the African Charter on Human and Peoples' Rights and related regional human rights instruments. This policy brief presents ways in which the African Commission's 2019 Study on Transitional Justice and Human and Peoples' Rights in Africa develops a comprehensive human rights-based framework for transitional justice processes on the continent, as well as ways in which transitional justice can be mainstreamed in the African Commission's own work.
- Topic:
- Human Rights, International Cooperation, Transitional Justice, and Humanitarian Crisis
- Political Geography:
- Africa
3. Decolonising Human Rights Protection in Africa: Impunity Rhetorically Repackaged?
- Author:
- Stef Vandeginste
- Publication Date:
- 06-2021
- Content Type:
- Policy Brief
- Institution:
- EGMONT - The Royal Institute for International Relations
- Abstract:
- Pointing out the need to decolonise human rights protection in Africa, authorities at the level of the African Union (AU) and its member states have initiated a number of institutional reforms. Purportedly aimed at enhancing accountability for human rights violations, in reality these continental mechanisms offer very little prospect to victims. In terms of the individual criminal responsibility of perpetrators, the 2014 Malabo Protocol is no more than an empty shell. In the area of state responsibility, the African Court on Human and Peoples’ Rights is facing an existential threat because of AU member states withdrawing their declarations to allow individual victims and NGOs to directly access the Court. Ultimately, the rhetorical hijacking and political misuse of the decolonisation paradigm is leaving African victims of human rights violations worse off.
- Topic:
- Human Rights, International Cooperation, Decolonization, Humanitarian Crisis, and African Union
- Political Geography:
- Africa
4. Rebuilding Constitutionalism and Rule of Law in Zimbabwe
- Author:
- Stephen Buchanan-Clarke and Sikhululekile Mashingaidze
- Publication Date:
- 08-2021
- Content Type:
- Policy Brief
- Institution:
- Good Governance Africa (GGA)
- Abstract:
- Recommendations to the Zimbabwean government Commit to a new, inclusive pathway for a mediated, citizen-centred national dialogue to align with and enact the principles set out in the Zimbabwe Constitution of 2013, to resolve the current constitutional crisis and legitimacy question. Comprehensive legal, political, and economic reform is critical. Commit to the drafting and passing of a comprehensive electoral law consistent with the 2013 Constitution that guarantees the independence of the Zimbabwe Electoral Commission (ZEC), allows for the appointment of an independent ZEC chair from outside of Zimbabwe, and prevents government from interfering with the work of the commission. Ensure a comprehensive delimitation exercise, extend the voter registration process, and ensure there is a transparent and comprehensive verification process to develop a credible voters’ roll. This would include allowing independent interested stakeholders from civil society, the media, and opposition parties access to inspect the voters’ roll prior to elections. Promote a free and fair election campaign environment for all players, and actively guard against voter intimidation by establishing a special body to investigate complaints of political violence and allow external independent observers early access to all voting stations prior to election day. Restore independence and citizen trust in the county’s public institutions through, for example, the institution of an independent and impartial judicial committee tasked with restoring judicial independence and making recommendations for complete judicial reform, to eradicate judicial corruption, ensure the independence of judges and improve the functioning of the courts. End partisanship in the police force, starting with undertaking investigations into allegations of human rights violations against the Zimbabwe Republic Police (ZRP) and other security sector agencies, and ensuring those responsible for such abuses are held accountable under the law.
- Topic:
- Government, Human Rights, Reform, Elections, Constitution, Rule of Law, Police, and Inclusion
- Political Geography:
- Africa and Zimbabwe
5. Torture Victims Have a Right to Rehabilitation: A Guide for Service Providers to Assist Victims of Torture in Securing their Right to Rehabilitation
- Author:
- Centre for the Study of Violence and Reconciliation
- Publication Date:
- 07-2021
- Content Type:
- Policy Brief
- Institution:
- Centre for the Study of Violence and Reconciliation (CSVR)
- Abstract:
- The PARI Network has developed a Rehabilitation Manual that speaks to victims' rights against torture. It is a guide for service providers to assist victims of torture in securing their right to rehabilitation. The overall objective of the Manual is to enhance African service providers' understanding of torture and how they can assist torture survivors in securing their right to rehabilitation. This is because rehabilitation is more than just care for those who have been tortured. It is a human right which belongs to every victim, regardless of who or where they are.
- Topic:
- Human Rights, Torture, Rehabilitation, and Victims
- Political Geography:
- Africa
6. Risk of Mass Atrocities in Mozambique
- Author:
- Simon-Skjodt Center for the Prevention of Genocide
- Publication Date:
- 05-2021
- Content Type:
- Policy Brief
- Institution:
- Simon-Skjodt Center for the Prevention of Genocide, United States Holocaust Memorial Museum
- Abstract:
- Mozambique ranks 24th in the Early Warning Project risk assessment for mass killing for 2020-21. The strongest risk factor is the armed conflict between the government and insurgents, which has killed over 1,300 civilians and displaced nearly 700,000 of the 2.32 million people in Cabo Delgado. To prevent mass atrocities, the government of Mozambique must invest in peacebuilding, provision of basic services, and professionalization of its armed services. All perpetrators of gross human rights violations must be held accountable. The U.S. and other governments should conduct a full mass atrocity risk assessment immediately, and analyze how their military assistance and private sector investments are impacting the conflict.
- Topic:
- Human Rights, Atrocities, Risk Factors, and Peacebuilding
- Political Geography:
- Africa, Mozambique, and United States of America
7. Traditional Transitional Justice Mechanisms: Lessons from Africa
- Author:
- Nomathamsanqa Masiko-Mpaka
- Publication Date:
- 01-2020
- Content Type:
- Policy Brief
- Institution:
- Centre for the Study of Violence and Reconciliation (CSVR)
- Abstract:
- Transitional justice is widely accepted as a process for countries to employ when transitioning from authoritarian rule or armed conflict to democracy and in their quest to address legacies of systemic violence and human rights violations. As defined by the African Union, transitional justice refers to “the various (formal and traditional or non-formal) policy measures and institutional mechanisms that societies, through an inclusive consultative process, adopt in order to overcome past violations, divisions and inequalities and to create conditions for both security and democratic and socio-economic transformation.” While societies coming out of conflict or authoritarian rule have different histories, priorities and needs, commonly used mechanisms of transitional justice include criminal prosecutions, truth telling, reparations, institutional reforms, memorialisation, traditional justice, and vetting and lustration. The implementation of transitional justice is believed to be more effective, impactful and holistic when a combination of mechanisms is employed either simultaneously or sequentially.
- Topic:
- Human Rights, Democracy, Transitional Justice, Violence, and Justice
- Political Geography:
- Uganda, Africa, Mozambique, Sierra Leone, and Rwanda
8. Willing to kill: Factors contributing to mob justice in Uganda
- Author:
- Ronald Makanga Kakumba
- Publication Date:
- 11-2020
- Content Type:
- Policy Brief
- Institution:
- Afrobarometer
- Abstract:
- Mob justice is a form of extrajudicial punishment or retribution in which a person suspected of wrongdoing is typically humiliated, beaten, and in many cases killed by vigilantes or a crowd. Mob action takes place in the absence of any form of fair trial in which the accused are given a chance to defend themselves; the mob simply takes the law into its own hands (Ng’walali & Kitinya, 2006). Mob justice is not only criminal but also amounts to a violation of human rights (Uganda Human Rights Commission, 2016). Over the past decade, Uganda has seen a significant rise in the number of cases of mob justice. According to the Uganda Police Force’s (2013-2019) annual crime reports, 746 deaths by mob action were reported and investigated in 2019, compared to 426 in 2013, a 75% increase. “Mob kills 42 in 7 weeks,” the Daily Monitor (2019) reported in March 2019, citing police figures – an average of six lynchings a week. Homicides by mob action in Uganda occur mainly in response to thefts, robberies, killings, and reports of witchcraft (Uganda Police Force, 2018). According to the 2015 Afrobarometer survey in Uganda, one in six Ugandan adults said they took part in mob justice during the preceding year or would do so if they “had the chance.” This suggests that mob justice is not just a fringe problem in Uganda but commands attention and requires collective action. Why would a substantial number of Ugandans resort to taking the law into their own hands as an alternative form of “justice”? Analysts have pointed to a number of factors that might contribute to a willingness to engage in mob justice. One is a lack of trust in the formal criminal justice system to administer fair and timely justice. A 2005 study in Uganda showed that mob actions were often motivated by widespread suspicion or misunderstanding of the justice system, especially concerning the procedure of police bail, under which suspected culprits can be temporarily released before the court process (Baker, 2005). A study in southern Nigeria also reported that a lack of trust in the police was one of the motivations for the alarming incidence of “jungle justice” (Obarisiagbon, 2018). Research has also shown that personal victimization by crime can have a lasting impact on attitudes toward the police, the courts, and the criminal justice system overall (Berthelot, McNeal, & Baldwin, 2018; Dull & Wint, 1997; Koenig, 1980; Sprott & Doob, 1997), as can negative personal experiences with the courts (Olson & Huth, 1998; Kanaabi, 2004). Amid Uganda’s surge in mob justice, Afrobarometer findings tell us that popular trust in the police and courts has been declining while citizens’ perceptions of corruption in these criminal justice institutions has been rising. Statistical analyses show that a lack of trust in the police is associated with a willingness to engage in mob justice, while perceived corruption undermines trust and thus indirectly contributes to a willingness to join others in mob actions. Further, our analysis finds that being a victim of crime (physical assault), encountering problems in the court system, finding it hard to obtain police assistance, and having to pay a bribe to police or court officials are factors that make people more likely to say they would take part in mob action against suspected criminals. Based on these findings, we offer recommendations to mitigate Uganda’s growing problem of mob justice.
- Topic:
- Human Rights, Courts, Police, Justice, and Bribery
- Political Geography:
- Uganda and Africa
9. Breaking the Silos: Pragmatic National Approaches to Prevention
- Author:
- Paige Arthur and Céline Monnier
- Publication Date:
- 08-2019
- Content Type:
- Policy Brief
- Institution:
- Center on International Cooperation
- Abstract:
- In this policy briefing, our fifth in our series on prevention at the UN, we draw on examples from Côte d’Ivoire and Timor-Leste to illustrate how countries have developed integrated actions on prevention that cut across sectors, including security, development, and human rights. We then highlight options for the UN to better support these strategies through cross-pillar approaches and identify practical ways forward for governments implementing prevention approaches.
- Topic:
- Conflict Prevention, Security, Development, Human Rights, and United Nations
- Political Geography:
- Africa, Timor-Leste, and Côte d'Ivoire
10. From Early Warning to Early Action in Somalia: What can we Learn to Support Early Action to Mitigate Humanitarian Crises?
- Author:
- Emma Feeny
- Publication Date:
- 10-2017
- Content Type:
- Policy Brief
- Institution:
- Oxfam Publishing
- Abstract:
- More than three years after it was initiated in the aftermath of the 2011 famine, the early-warning, early-action trigger mechanism for Somalia remains a work in progress. This paper looks at how the mechanism has functioned during the 2016/7 drought crisis response, uncovers a widespread consensus about the value of the tool, and explores the challenges involved in developing the dashboard, generating support and putting in place an accountability framework. It looks for learning around the effectiveness of such tools, which could potentially support similar models in other countries. This paper also highlights suggestions from a range of stakeholders regarding actions that might support greater buy-in to the dashboard and broader collaboration at all levels, helping ensure the mechanism meets its aim of facilitating decision making for early action, thereby better protecting the people of Somalia.
- Topic:
- Human Rights, Famine, Humanitarian Crisis, and Disaster Management
- Political Geography:
- Somalia and Africa