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Transitional Justice

Transitional justice refers to the short-term, often temporary judicial and non-judicial mechanisms that address the legacy of human rights abuses and violence during a society’s transition from conflict or authoritarian rule. Structures such as international tribunals, truth commissions or local processes seek to expose the perpetrators of crimes and abuse, provide a forum for acknowledgement and accountability, establish an historical record and collective memory and promote societal reconciliation.

These processes are vital components of post-conflict reconstruction and a prerequisite to unification and peace. Given the widespread victimization of women during armed conflict, transitional justice is of particular concern to them. In addition to their own need for justice, many women are key actors in conducting healing and reconciliation processes, noting their concern for their children’s future as a strong motivating factor.

On an international level, over 300 organizations supported the work of the Women’s Caucus for Gender Justice during the design of the International Criminal Court and its statutes. The presence of and advocacy by these organizations have led to several advances in international law; chief among them is the explicit recognition of rape as a war crime.

From the Library

Pathways for Women in Democratic Transitions – International Experiences and Lessons Learned

This is the keynote address by Vidar Helgesen, Secretary-General, International IDEA, at the Roundtable in Cairo on June 2, 2011.

Benchmarking National Legislation for Gender Equality: Findings from Five Asian Countries

The publication reviews the legal systems of Indonesia, Pakistan, the Philippines, Sri Lanka and Viet nam and assesses the extent of their legislative compliance with articles of the Convention on the Elimination of Discrimination agaisnt Women (CEDAW). The convention is an important international reference point for gender equality. The State Parties to CEDAW are legally bound to apply and enforce its articles in their legal systems. In this legislative assessment study only de jure compliance to CEDAW is assessed for the countries. But even for this, the findings reveal a varying level of legislative compliance. Overall, no country has achieved full compliance with CEDAW's articles. The extent of compliance ranges between 45 to 73 per cent, within de jure laws, with Viet Nam coming closest to the CEDAW benchmarks.

Nepal Human Development Report 2009 State Transformation and Human Development

Without peace, human development is not possible and without human development, peace is not sustainable. Both require inclusion and participation—which can evolve through the restructuring of the state and deepening of the democracy of a political system. This Report makes the case that inclusion and participation can restore sustainable peace and human development through state transformation. Politics—or the exercise of power through participation—matters for human development because people everywhere want to be free to determine their own destiny, express their views, and participate in the decisions that shape their lives. These capabilities are
just as important for human development— for expanding people’s choices—as being able to read or to enjoy good health. Democracy must widen and deepen if politics and political institutions are to promote human development and safeguard the freedom and dignity of all individuals. Peace, together with prosperity and democracy, also constitute the core mandates of the 2006 April Janandolan (people’s movement). This is articulated firmly in the Comprehensive Peace Accord and the Interim Constitution 2007. The Comprehensive Peace Accord has at least four components:

  • political and socioeconomic transformation;

  • management of armies and arms;

  • ceasefire provisions and measures for normalization; and

  • protection of human rights and fundamental rights.

This Report focuses on the political transformation or restructuring of the state for inclusion and for human development while recognising that implementing all the other components is necessary for peace. Here inclusion refers to the equitable political representation of the excluded segments
of Nepal’s population, including women, various caste and ethnic groups, and those who live in underdeveloped regions. Participation implies the active engagement of representatives in voicing the views of their constituencies so that these opinions are heard and heeded. The Report advances the view that because exclusion causes unequal human development— which, in turn, perpetuates exclusion— eliminating it through the equitable representation and participation of excluded groups and regions will improve the quality of human development. Consequently, the
Report explores different options in changes to the state structure or political system to accommodate the interests of different groups of people. Nevertheless, the Report
also recognises that equitable representation cannot alone resolve the problems of exclusion
unless those who represent Nepal’s various constituencies can influence policy decisions
through direct and active participation. Those now excluded are unlikely to participate as effectively as the advantaged groups because of their lower level of human development and endowment as chapter two presents, along with their marginalisation and socio-political repression. Inequalities in endowment not only create, but cause exclusion. Consequently, inequality and exclusion must end simultaneously in all its dimensions.

Constitution of South-Africa

Full text of the 1996 Constitution of South Africa.  

Quick Reference Guide to UN Security Council Resolutions

Quick Reference Guide to UN Security Council Resolutions Publication Date: March 2010 Abstract: Despite four separate UNSCRs on women, peace, and security, and the dedicated efforts of international agencies, civil society actors, and governments, courageous women peace builders still face legal, cultural and traditional discrimination. This guide is designed to help advocates efficiently leverage UNSCRs 1325 and 1889 (on women's leadership in peace processes); and 1820 and 1888 (on response to conflict-related sexual violence).

Improving Liberia’s Transitional Justice Process by Engaging Women

Improving Liberia’s Transitional Justice Process by Engaging Women Publication Date: April 2010 Abstract: When women contribute, transitional justice efforts are more likely to address crimes of war. Women have knowledge of the distinct, complex violations of rights women suffer that can significantly inform truth commission mandates, judicial opinions, reparations schemes, and proposals for policy reform. In Liberia, following the 2003 resolution of two decades of violent conflict, the Women NGO’s Secretariat of Liberia (WONGOSOL) facilitated a series of regional women-only dialogues around the country to ensure that the voices, concerns, and priorities of local women were recognized and addressed in the transitional justice process. (4 pages)

Drafting and Adopting National Action Plans for the Implementation of Resolution 1325 in the Countries of Southeast Europe

In the lead up to this year’s ten year anniversary in October of UN Security Council Resolution 1325 (2000) there has been a global push to increase the number of National Action Plans on implementation. In our region of Southeast Europe NAPs are currently being drafted in Serbia and Bosnia and Herzegovina, and anticipated in Montenegro. In multi-stakeholder discussions on the process of developing a NAP, experts have pointed to the need to focus on clear, realistic and attainable objectives; to include cross-government strategies in the drafting and implementation process; to develop a strong monitoring and evaluation framework; and to ensure that commitments are made towards budget allocations for implementation.

A Parliamentarians’ Handbook on the Small Arms Issue

In a landmark step, parliamentarians from countries in Central, East and the Horn of Africa, gathering at a conference organised by UNDP and AWEPA on 26-28 November 2003, reached an agreement on a Plan of Action for parliamentarians, aimed at reducing the illicit distribution of small arms and light weapons. In this Mombasa Plan of Action, parliamentarians agreed to urge their governments to adjust national legislation to create more efficient control on small arms. This booklet is earmarked to be a practical handbook. It seeks to serve parliamentarians during their efforts to make further progress on the issue of small arms and light weapons. The booklet contains information on what has been achieved in Mombasa, introduces parliamentarians who are new to the issue to what it entails, and elaborates on what the problem of small arms means for African countries in Central, East- and the Horn of Africa. It also seeks to assess what these countries might contribute to solve the problem, in particular with regard to legislation.

Making Justice Democratic

This report explores how the poorest and most excluded communities can get access to justice that is appropriate, gender-sensitive and accountable, can enjoy personal safety and security for their property, and exercise their full human rights. First-hand reports focus on issues of access to and accountability of justice systems to the poorest people, from a gender perspective, and shared information on useful approaches, initiatives and strategies from South and North.

Paving the Way to Justice

This report reviews common problems associated with providing meaningful access to justice in poor countries. The report then focuses on the activities of Nagorik Uddyog (NU), a non-governmental organization in Bangladesh whose approach offers a model that appears to have a substantial and sustainable impact on justice delivery.