Compilation of different cases of transitional justice processes undertaken by states that have undergone an armed conflict and aim at building peace while demanding accountability from those responsible for human rights violations committed in the past.
A leading center in developing the field of transitional justice, the study of law in societies emerging from conflict.
Professor Brandon Hamber is Director of the International Conflict Research Institute, a clinical psychologist his work focuses on the psychological implications of strategies for dealing with a violent political past (truth commissions, reconciliation, truth recovery processes etc). The website collects lots of informations and links concerning Transitional Justice and related topics.
The Court is participating in a global fight to end impunity, and through international criminal justice, the Court aims to hold those responsible accountable for their crimes and to help prevent these crimes from happening again. The Court cannot reach these goals alone. As a court of last resort, it seeks to complement, not replace, national Courts. Governed by an international treaty called the Rome Statute, the ICC is the world’s first permanent international criminal court.
The article focuses on survivors’ perspectives of the Truth and Reconciliation Commission (TRC). It probes their feelings, thoughts and views both before and after interacting with the Commission. Their feelings and opinions about issues such as justice, punishment and amnesty are explored. This information, which forms the backbone of this article, was obtained from interviews with twenty survivors of political violence committed under the apartheid government
The purpose of the bibliography that follows is to give students, researchers, and practitioners, many of them new to the field, a sense of the scope of this burgeoning literature and, by consulting the annotations attached to many of the more influential works, a sense of its depth and thematic concerns, as well (The bibliography is limited to works published in English).
This essay identifies a number of problematic issues concerning transitional justice and restorative justice in particular and suggests that they can be fruitfully explored through thoughtful examination of the truth-seeking projects of this issue’s case countries: South Africa, Rwanda and Sierra Leone.
Having looked at various Truth, Justice and Reconciliation commissions within the commonwealth, the paper will draw attention to key features of the commissions and compare them with the provisions in our TJRC Act and this will be followed by recommendations of how the Kenyan process can be improved to meet the standards of the best of the commissions and to avoid the pitfalls of the inadequately performing commissions.
The aim of this study was to explore the experience of victims who testified at the public hearings of the Human Rights Violations Committee, their evaluation of their participation and its longer-term impact on their lives. It seeks to engage both immediate reactions at the time of the hearing with reflections on how deponents view the experience within the broader context of interaction with the TRC.
While there is growing interest in examining what long-term impact truth commissions have on society, our understanding has been hampered by a number of empirical problems. Specifically, most studies focus on a small biased subsample of cases, rely on anecdotal evidence and normative conviction, and fail to follow the truth commission’s legacy beyond its immediate reception. What is more, although a range of purposes have been put forward for truth commissions, there is little consensus on what criteria might be used to assess them. These issues are further compounded by a growing chorus of critics who see truth commissions as either ineffectual or dangerous.
The organizers had grappled with what seemed like a singular paradox. Several truth commissions had been created after armed conflicts, with a growing tendency towards uniformity in their mandates. At the same time, knowledge of the challenges faced by truth commissions has continued to grow, with a strong prescriptive bent, derived from the observation of comparative experiences. Despite the expansion of this collective knowledge, however, some recent truth-seeking processes have gone through near-paralyzing crises.
The objective of this paper is to explore the initiatives and practices of different countries in truth seeking. Many countries during the post-conflict, colonial, slavery, anarchical and cultural genocide periods establish the Truth Commissions to respond to the past human wrongdoings: crimes and crimes against humanity. Enforced Disappearances (ED), killings, rapes and inhumane tortures are wrongdoings. Truth Commission applies the method of recovering silences from the victims for structured testimonies. The paper is prepared based on the victim-centric approach. The purpose reveals the piecemeal fact-findings to heal the past, reconcile the present and protect the future.
Transitional justice represents itself as both a discourse and practice that exists primarily to support victims of human rights violations and gains its moral legitimacy from the fact that victims are deserving and the claim that transitional justice has the aim of acknowledging victims and providing redress. Here, this claim is interrogated in the light of a practice that actually appears to be rooted in liberal state-building and for which victims are an essential instrument of prescribed mechanisms of transitional justice, such as trials and truth commissions.
Recommendations for policies and procedures for addressing and involving children in the Truth and Reconciliation Commission.
Children and youth are among the most vulnerable groups affected by violence in armed conflict or massive abuses of repressive regimes. If breaches of basic human rights become the norm, they are left acutely vulnerable to physical harm, psychological trauma, displacement, recruitment by armed factions or other forms of exploitation.
To support true healing of war-affected populations, including children formerly associated with armed forces and armed groups, transitional justice efforts must attend to the often lasting psychosocial consequences of war in the post-conflict environment. Advocacy pursued under a transitional justice agenda has a role to play in emphasizing the need not just for special courts or truth and reconciliation processes but also for the funding of social services institutions and the development of sustainable health infrastructure, thus helping post-conflict governments to deliver social services to their citizens as part of a strategy to support collective healing and secure peace.
ICTJ engages with young people as political actors in their own right, helping them shape the futures of their communities. We open up spaces for them to actively participate in transitional justice processes and give voice to their perspectives. Their contributions often challenge the status quo and shine a light on pressing issues that must be addressed to build sustainable peace.
This website provides a great overview on this topic, with links highlighting all the different challenges when trying to address human rights violations especially in children. Target group: mostly professionals working on this subject, but also interested clients.
Presentation of some programs and funds USIP is taking care of. The institute strives to encourage more practice and scholarly work on women, and seeks to deepen understanding of the role of women in conflict and peace.
This book (352 p.) presents an overview over the topic as well as some case-studies (South Africa, Guatemala, Peru, Rwanda, Sierra Leone, Timor-Leste). We find examples of “first positive practices of incorporating gender thinking into transitional justice measures and processes”, and it states how peace building and reconciliation, development in the aftermath of violence can be supported by gender-sensitive planning and policy. Target Group: professionals.
Recognizing the differences between women’s and men’s experience during the immediate post-conflict or transitional period, and consequently including the particular needs and abilities of women and men in postconflict reconstruction, is fundamental to create lasting peace and foster equitable development. The World Bank endeavors to better understand both gender and conflict dimensions in its work.
Short overview over the project on gender and reparations, ICTJ presents and is holding on with.
This working paper has done two things: First, it has offered an overview of the EU Policy Framework on support to transitional justice and its understanding of gender justice. Second, the paper has demonstrated that the EU has a conservative normative approach towards gendering transitional justice. It is clear that, although the EU labels its approach as inclusive, flexible and gender sensitive, the actions proposed do not follow suit.
This is a very detailed book (244 p.) containing almost all approaches within the challenge to help in the aftermath of war, conflict or disaster to develop a stabile community (unfortunately no focus in special on mental health).
This guide (126 p.)provides a great overview over the topic psychosocial trauma healing in post-conflict social reconstruction. It is given a description of stress-/trauma-symptoms, offering exercises turned out to be useful, guidelines to set up training settings for survivors, all with the insight that healing is necessary to social reconstruction. Target group: clinicians.
This handbook discusses the demand of better tools to address the subject of reconciliation, and the challenges of democratization after violent conflicts. Target group: (legal) professionals working with reconciliation. – International Institute for Democracy and Electoral Assistance
This paper (120 p.) represents a great collection of service guides and packages concerning various themes within the topic “mental health policy”. Here we find also mental health legislation and human rights, as well as advocacy and organization.
Rehabilitation as a form of reparation for gross violations of international human rights law and serious breaches of international humanitarian law has received sparse attention in literature and in practice, despite its vital and immediate role in victims’ recovery. Drawing on experience from a range of past and on-going domestic administrative reparation programmes, the conference explored the normative and legal role of rehabilitation as a form of reparation in times of transition.
This article speaks about the Truth and Reconciliation Commission (TRC) established in South Africa, with the express purpose of facilitating a truth recovery process aimed at reconciling with the past. According to the objectives of the latest draft of the Promotion of National Unity and Reconciliation Bill this process of reconciliation is to occur through the establishing of as complete a picture as possible of the causes, nature and extent of past abuses. The so-called “victims” of these abuses will be located and allowed to relate their stories so as to restore human and civil dignity.
This paper moves from the premise that when countries are attempting to overcome a violent past it is better to deal with the past through investigation, truth recovery, justice and support for victims or survivors of violence than to ignore it. The paper is geared toward countries that are undergoing processes of social and political transformation. Specifically it is targeted at countries that are coming out of protracted periods of political violence.
The role of health in development and aid policy in conflict-affected and fragile states remains a conundrum. Evidence is increasing that conflict and fragility have a devastating impact on health. At the same time, knowledge on how to construct effective and sustainable health systems in these states through local leadership and donor commitment is expanding.
Despite the implementation of transitional justice programs – restorative and retributive – across post-conflict societies worldwide, there is a dearth of studies into their effects on mental health and psychosocial outcomes amongst victims of mass human rights violations. The present chapter describes and discusses the existing evidence with regards to mental health outcomes of different types of transitional justice approaches applied across contemporary post-conflict societies.
There is a growing body of comparative research that seeks to produce empirical evidence and, thereby, contribute to policy debates on the relative merits of truth commissions. However, these efforts have been plagued by a lack of attention to case selection. The lack of consensus on what constitutes the universe of truth commission cases has contributed to a pattern of inconclusive, inconsistent findings. This article reviews the empirical literature and finds over 70 potential truth commission cases. After examining some of the reasons behind such disagreement, Brahm offers Freeman’s (2006) typology of investigative commissions as the best suited to advance research in the field.
This WHO-declaration is intended to serve as a working instrument, providing framework to achieve consensus and cooperation.
This represents a detailed handbook (133 p)which tries to explain the “use and application” of the UN declaration of basic principles of justice for victims of crime and abuse of power from 1985. This is based on the conviction that victims should be treated with compassion and respect, and that they are entitled to prompt redress through access to the criminal justice system.
This handbook (51 p.) outlines the UN declaration of Basis Principles of Justice 40/34, with advice and guidance how that can be pursued.
UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power from 1985.
Guided by the Charter of the United Nations, the Universal Declaration of Human Rights, the International Covenants on Human Rights, other relevant human rights instruments and the Vienna Declaration and Programme of Action.
This report is focused on killings, abductions, torture, and sexual violence against LGBT people by armed groups in Iraq. It is based on 54 interviews with LGBT Iraqis who have survived violence and discrimination by state and non-state actors, based primarily on their gender expression and presumed sexual orientation.
An refugee organization based in the UK, but with some general topics as well.
The British Red Cross is the UK’s largest independent provider of services and support for refugees and people seeking asylum.
The Refugee Council is one of the leading charities in the UK working directly with refugees, and supporting them to rebuild their lives. We also speak up for refugees using our direct work as an evidence base, and ensure refugees have a stronger and more influential voice in decisions that will affect them.
Freedom from Torture is a UK-based charity that focus on helping those who have been exposed to torture or have been tortured themselves. They have centres throughout the UK, including Glasgow, London, Birmingham, Newcastle and Manchester. They also operate a smaller presence in Humberside and Yorkshire.
Responds to the world’s worst humanitarian crises and helps people whose lives and livelihoods are shattered by conflict and disaster to survive, recover, and gain control of their future.
Jesuit Refugee Service (JRS) is an international Catholic organisation with a mission to accompany, serve and advocate for the rights of refugees and others who are forcibly displaced.
An independent humanitarian organisation helping people forced to flee. We work in crises in 31 countries, where we help save lives and rebuild futures.
An english organization, founded to provide help for asylum seekers and refugees in London. Some useful information in general.
Family reunion in exile may be a complex and challenging experience. Refugee families are often reunited in the host countries after having lived through long periods of separation, insecurity and violence. Assisting families in the process of reunification is discussed as an issue of priority, both from a psychological and a human rights point of view. Based on clinical experiences, the authors suggest that accompanying families in this process of transition is meaningful and useful. The chapter argues that work with refugees should be seen through a family lens, and that mental health professionals have the knowledge and background regarding families and systems that enable them to offer good assistance to families in reunification processes (chapter 13 in Working with Refugee Families, not open access).
In the field of refugee family research and intervention forms a growing field of scientific study, focusing on the refugee family as the central niche of coping with, and giving meaning to, trauma, cultural uprooting, and exile. This important new book develops an understanding of the role of refugee family relationships in post-trauma healing and provides an in-depth analysis of central clinical-therapeutic themes in refugee family psychosocial interventions. Expert contributions from across transcultural psychiatry, psychology, psychotherapy and social work have provided chapters on post-trauma reconstruction in refugee family relationships, trauma care for refugee families, and intersectorial psychosocial interventions with refugee families. This exploration of refugee family systems in both research and clinical practice aims to promote a systemic perspective in health and social services working with families in refugee mental health care.
For refugees, the right to family reunification is crucial because separation from their family members causes significant anxiety and is widely recognised as a barrier to successful integration in host countries. Well-designed family reunification policies also help create the safe and legal routes that are necessary to prevent dangerous, irregular journeys to and within Europe. Based on this analysis, the Council of Europe Commissioner for Human Rights sets out a number of recommendations to member states intended to assist national authorities in re-examining their laws, policies and practices in order to give full effect to the right to family reunification, for the benefit of both refugees and their host communities.
This publication is conceived as a point of reference for capacity-building material, technical assistance, co-operation projects and new practices for and with relevant authorities and institutions. It focuses on the reunification of families with children in the context of international migration, and in particular on reunification possibilities for unaccompanied and separated refugee and migrant children. It presents an overview of legal principles of human rights, children’s rights, refugee law and EU law relevant to family reunification and then discusses key features of family reunification procedures, with promising examples of law and practice and relevant applicable standards.
The aim of this literature review is to give an overview of existing research about the relationship between 1) family migration and integration and 2) family migration regulation and integration. With regard to the first issue, outlined in chapter 3 of this report, we have identified three main streams of literature on family migration and integration: First, there are studies comparing the integration of family migrants to other admission categories. Second, there is a stream of literature focusing on intra-ethnic marriages between a second-generation immigrant and a spouse from their parents’ country of origin. Finally, there are also some case studies investigating challenges and opportunities for integration for other family migrants, for example intra-European migrants and mixed marriages between a native and a third country national.
It is widely recognised that family life is essential for the well-being of individuals and societies. For people fleeing war and persecution being reunited with their family members is generally their first priority upon arrival in the host country. On a daily basis practitioners witness the negative impact family separation has on people seeking protection in Europe, and how it affects their ability to engage in most aspects of the integration process. The constant worry people carry about their family left behind, as well as the absence of relatives who could support them, increase their vulnerability when they have already been exposed to traumatic experiences associated with forced migration.
More than 17,000 refugees, mainly women and children, could be prevented from reuniting with close family members in the UK due to new rules the Home Office plans to introduce, according to analysis by the Refugee Council.
A Danish law requiring a three-year waiting period for the families of asylum-seekers to join them violates their right to family life, Europe’s top rights court ruled Friday. The European Court of Human Rights found that Danish authorities did not strike a fair balance between the rights of a 62-year-old Syrian asylum seeker and the interests of the country when they denied his wife a residency permit.
“I want all families to be made whole, to be reunified, to be together — as is our right,” says writer, poet and student Elizabeth Zion. In this profoundly moving talk, Zion shares the impacts of family separation, including her personal struggles with homelessness and poverty — and points a way toward moral and just policies that recognize the human rights of migrant families.
A new study analyzing the mental health impacts of family separation finds that children and parents seeking asylum at the U.S.-Mexico border experience severe psychological trauma even years after reunification. The Physicians for Human Rights (PHR) study provides the first-ever qualitative analysis of the mental health effects of the forced family separation policy and shows further evidence of the “zero tolerance” policy’s detrimental effects on the mental health of impacted families.
If a child has been removed from the care of his or her parents, safe and timely family reunification1 is the preferred permanency option for most children.2 Safe and stable reunification does not begin or end with the return of children to the care of their parents. Caseworkers should give careful consideration to assessing families’ capacity for keeping children safe and their readiness to reunify as well as to planning for postreunification services and contingencies in the event of future safety concerns. Child welfare agencies may find it challenging to help families achieve timely reunification while at the same time preventing children from reentering foster care.
The possible benefits of including refer- ring professionals in the first family inter- views are being explored as a way to en- gage refugee families in therapy. Families in exile confront a number of problems related both to premigration traumatic exposures and to present adaptation processes. Refugee clients and the referring professionals in the larger system frequently see the problems and their solutions quite differently. This situation may often result in unclear working alliances in a context of therapy.
The article discusses the situation of unaccompanied refugee children in Norway, and how this affects their state mental health. Recommendations on how to help better are also given.