This report asserts that dealing with past abuses in Myanmar is essential to achieving genuine progress on peacebuilding and economic development in the country. Conflict and high levels of political repression have racked Myanmar for more than half a century. Both President Thein Sein and opposition leader Daw Aung San Suu Kyi have highlighted rule of law and good governance as priorities for Myanmar alongside the development of a modern market economy and democracy.
This briefing paper reviews the Kenyan government’s response to sexual and gender-based violence committed against women, men, and children during the 2007/2008 post-election crisis. It draws on interviews with over 40 survivors about their experience and analyzes the laws and transitional justice mechanisms, like the Commission of Inquiry into Post-Election Violence, that have been put in place to address violations of the past and prevent their recurrence. It includes a set of recommendations to the government, the Attorney-General’s Office, and the National Police Service Commission on closing the accountability gap.
This joint report by ICTJ and the Kofi Annan Foundation explores common assumptions about why truth commissions are created in the wake of armed conflict and what factors make them more likely to succeed – or fail. It arises from a high-level symposium hosted by the two organizations in November 2013, which provided an opportunity for policy makers, practitioners, and scholars with significant experience in peacebuilding and transitional justice to discuss and reflect on truth commissions and the challenges of addressing accountability in peace negotiations. The report includes a foreword by Mr. Kofi Annan, a summary of discussions, two analytical papers, five case studies, and a set of conclusions.
This paper analyzes the contents of the Final Report that the Kenyan Truth, Justice and Reconciliation Commission (TJRC) presented to President Uhuru Kenyatta on May 21, 2013, after four years of investigations. In particular, it evaluates the report’s information and findings, the logic of the commission’s conclusions and recommendations, and the apparent efforts made by commissioners to examine notorious and contentious past conducts. The paper concludes that, despite the controversies that surrounded the TJRC during its tenure, the contents of the Final Report can be used to consolidate the search for justice for victims of historical injustices in Kenya.
This report examines the situation of impunity in Lebanon that has persisted since the 1975-1990 war through the lenses of core elements of transitional justice. It analyzes Lebanon’s past experience of ineffective transitional justice measures -- including limited domestic trials, narrowly mandated commissions of inquiry, and incomplete remedies for victims -- and their impact on Lebanese society. The report derives lessons that could help to initiate a broader accountability process in Lebanon in the interest of long-term peace and security.
This briefing paper focuses on establishing a credible approach to accountability and human rights in a post-conflict Syria. Looking ahead to an eventual resolution to the war, it recognizes that Syrian authorities and civil society, as well as the international community, will have to consider how to deal with crimes committed during the current conflict—and in preceding decades of repression under the Assad regime.
This report compiles information on hundreds of incidents of serious human rights violations that occurred in Lebanon from 1975 to 2008, including mass killings, enforced disappearances, assassinations, forced displacement, and the shelling of civilian areas. It reveals patterns of violence and provides an analysis of incidents within the framework of international human rights and humanitarian law. While not an exhaustive mapping, the report is intended to serve as a key resource on which future research and investigative work can be built. Its aim is to contribute to the debate on how to break the cycle of political violence and serious violations of human rights in Lebanon and bring about accountability, the rule of law, and sustainable peace.
Based on the findings of over 450 interviews, this briefing paper looks at the socioeconomic impact of enforced disappearances on the wives of the disappeared in Nepal. More than 1,000 people remain unaccounted for after Nepal’s 10-year conflict ended in 2006. The majority were young men with wives and children. The paper highlights the precarious economic situation that results from the loss of a husband who is usually the family’s sole breadwinner.
This report evaluates the government of Peru’s partial results in providing compensation to victims of the internal armed conflict that devastated the country from 1980 to 2000. It provides a detailed analysis of the process of implementing the Comprehensive Reparations Plan, established on the basis of recommendations made by the Commission for Truth and Reconciliation (2003). The report also reflects on the relationship between development policies and reparations in considering investment projects undertaken to date as part of the Collective Reparations Program.
This publication is intended to facilitate the process of drafting a mandate for a truth commission charged with the nonjudicial investigation of serious human rights violations. It covers the different aspects of a legal mandate that are necessary to enable an effective truth-seeking body, including: the objectives, the definition of the object of inquiry the normative, and policy orientations entrusted to the commission. It provides several examples of how laws and decrees in different countries have tackled the elements of a commission’s mandate, which are meant for illustration only, not as models to follow. The document is designed to be used by government officials, civil society activists, victims’ organizations and other stakeholders in a transitional justice process.