June 19, 2009 10:50 AM EST | Link

USIP Truth Commissions Digital Collection

A few days ago, the new version of the United States Institute of Peace (USIP) Digital Collection on Truth Commissions went online, together with the completely redesigned USIP website.

The Truth Commissions Digital Collection, part of the Margarita S. Studemeister Digital Library in International Conflict Management, is a collection constantly under development by the Jeannette Rankin Library Program, containing decrees establishing truth commissions and similar bodies of inquiry worldwide, the reports issued by such groups as well as relevant background information on each commission.

The resource allows access to most legal documents establishing such commissions and it has significantly more information than the old version. By clicking on the country name, you will be directed to a country page that briefly describes the establishment, mandate, composition, and report of these bodies as well as subsequent developments after the closure of the commission. A new filter function allows you to easily find related information on the same country, region, issue area or type of information.

USIP is welcoming feedback on the resource. Comments may be sent directly to USIP or can be posted here in his blog and will be forwarded to the team at USIP.

May 27, 2009 6:34 AM EST | Link

ICC Launches Online Library on International Criminal Law

Late April 2009, the International Criminal Court (ICC) launched the new version of the Legal Tools , an international knowledge-transfer platform.

The Legal Tools amount to an online library for international criminal and human rights law made freely available to the general public through the website of the ICC. The Legal Tools Database is the most comprehensive on international criminal law. It contains more than 40,000 documents, including decisions and indictments from all international or internationalised criminal tribunals, preparatory works of the ICC, case documents from the ICC, treaties, information about national legal systems, and relevant decisions from national courts. The service also contains a new knowledge-base on national legislation implementing the ICC Statute.

Continue reading "ICC Launches Online Library on International Criminal Law"

April 16, 2009 12:36 PM EST | Link

Gender and Transitional Justice: In Nepal and Elsewhere

Nepal's government fails to protect women human rights activists, says Amnesty International

On April 10, Amnesty International (AI) launched an appeal and a short video calling upon the Nepalese government to protect women human rights activists. A year after a new Constituent Assembly in Nepal was elected, women human rights activists continue to be at high risk of attack and progress in establishing transitional justice mechanisms has been slow despite the Maoists’ campaign promises to end impunity and improve the human rights situation. "When the Maoist Government came to power, it made commitments to protect women's rights but these now seem like false promises," said Madhu Malhotra, Amnesty International's Asia-Pacific Deputy Director. "Now that they are in government, all the revolutionary rhetoric has not resulted in real improvements in women's lives.”

Greater Attention to Women in Transitional Justice: An ICTJ Report on Afghanistan

In Nepal and elsewhere, civil society groups have called for greater attention to women in transitional justice processes. In February 2009, the International Center for Transitional Justice (ICTJ) published a report on gender-specific violations in Afghanistan. The three authors – Fatima Ayub, Sari Kouvo and Yasmin Sooka – argue that the deprivations and violations suffered by women are rarely specific to outbreaks of war. Rather, the authors conclude that the conflict merely accentuates discrimination and violations that women suffered during peace.

Continue reading "Gender and Transitional Justice: In Nepal and Elsewhere"

March 24, 2009 1:07 PM EST | Link

Unfinished business in East Timor

Note: This is a submission from new TJF contributor Evelyne Schmid.

The UN Security Council decided unanimously on February 26 to keep its peacekeeping mission in East Timor (UNMIT) for another 12 months, noting that the political and security situation there remains fragile and many cases of serious human rights violations remain unaddressed. The 1,500-strong international police force was given authority over East Timor's internal security force in 2006, after tensions between the police and military led to deadly violence. One of the main tasks of UNMIT is the restoration and maintenance of public security through the provision of support to the Polícia Nacional Timor-Leste (PNTL, the Timorese national police). Two and a half years later however, the Timorese police force is still a weak, factionalized and unaccountable force and some of its most senior members have been accused of human rights abuses.

East Timor’s president Ramos Horta last week went to New York to lobby UN members not to abandon his country prematurely. While security in Timor has improved since the unraveling of law in 2006, UN Security Council members agreed on the necessity to renew UNMIT’s mandate for another year.

Although not widely reported, a recent decision of East Timor’s highest court casts doubts on the sustainability of international efforts to enhance accountability for human rights abuses. The court’s judgment in the case of a “fake policeman” may only add to the already daunting challenges to build a sustainable, human rights abiding and democratic police force. Online reports explained that East Timor’s highest court has found the agreement between the East Timorese government and the United Nations Police mission non-binding and unconstitutional.

The December 2008 court decision demonstrates that to prevent future abuses, many challenges remain. Moreover, the court case shows that the there is a long way to go to address the culture of impunity within the police force and potentially across institutions.

Continue reading "Unfinished business in East Timor"

February 18, 2009 4:09 AM EST | Link

N. Ireland: “Recognition payments” and the recommendation to establish a truth commission

Note: This is a submission from new TJF contributor Evelyne Schmid, to whom I give much thanks. ~HC

Northern Ireland’s Consultative Group on the Past has released its report on how post-conflict Northern Ireland should best deal with the legacy of its three decades of the Troubles.

For more than three decades, the six counties that comprise Northern Ireland have experienced violent conflict over the country's political status. Between 1966 and 1999, more than 3500 people were killed. A fragile political process started in 1997, followed by the Good Friday Agreement of April 1998. The Provisional Irish Republican Association (IRA) ended its armed campaign in July 2005. The independent Consultative Group on the Past was established in June 2007. Its mandate was to consult across the community on how Northern Ireland society can best approach the legacy of the events of the past 40 years; and to make recommendations, as appropriate, on any steps that might be taken to support Northern Ireland society in building a shared future.

On Wednesday January 28, the independent consultative group launched its 190-page report and recommended the creation of an independent Legacy Commission “to deal with the legacy of the past by combining processes of reconciliation, justice and information recovery. It would have the overarching objective of promoting peace and stability in Northern Ireland.” The consultative group seems to favor a dialogue which would help to reduce sectarianism. The proposed Legacy Commission would play the role of a truth commission and its mandate would be limited to five years. The group also recommends that the Legacy Commission includes separate Investigation and Information Recovery Units and an international commissioner as its chair.

The disputed £12,000

It was not the proposals on the Legacy Commission which filled the commentaries and news reports of the next days. What provoked amid controversy, vivid demonstrations and outraged statements was the fact that the consultative group implicitly treats as equals perpetrators and victims. The controversial suggestion of the consultative group was the following: The nearest relative of someone who died as a result of the conflict in and about Northern Ireland, from January 1966, should receive a one-off payment of £12,000 (approx. U$17,000).

Relatives of all those “who died as a result of the conflict” include both the parents of a child killed in a suicide car bomb as well as the relatives of the person who blew himself up with his own bomb. A photograph on the launch of the report shows a man with a banner saying "The wages of murder is £12,000". Tony Parsons, a columnist writes: “This ludicrously random sum – why not £15,000? Why not £10,000? Why not nothing? – would be distributed to the good, the bad and the psychotic alike.” Peter Robinson, Northern Ireland's First Minister and leader of the Democratic Unionist Party, called the idea of the recognition payment "offensive" and Kenny Donaldson, the Director of South East Fermanagh Foundation: argued that " the history of the Troubles is re-written and the heinous actions of the perpetrators are air-brushed away.”

Continue reading "N. Ireland: “Recognition payments” and the recommendation to establish a truth commission"

February 18, 2009 4:01 AM EST | Link

Liberia: Truth and Reconciliation Commission releases Volume I of Final Report

Note: This is a submission from new TJF contributor Evelyne Schmid.

The Truth and Reconciliation Commission of Liberia (TRC) uploaded the first volume of its final report to its website on January 24. Two other volumes are due to be released prior to the end of the commission’s mandate on June 22, 2009.

Volume I is 107 pages long and contains an analysis of the legal nature of the conflicts in Liberia, as well as a list of findings and recommendations. The commission has reserved the right to make additional determinations and recommendations in the final consolidated report. The TRC keeps Liberians in suspense and many thorny questions are left for the final two volumes of the report.

The TRC recommends “prosecutions in a court of competent jurisdiction and other forms of public sanctions”. It has promised to issue a list of names of individuals not recommended for prosecution as well as more detailed recommendations on the establishment and nature of such a criminal court. Not surprisingly, the recommendation of prosecutions has attracted a lot of attention and controversy. Ex-rebel leader Prince Johnson, who is now a senator, already warned that there would be trouble if anyone tried to arrest him.

The commission also called for the establishment of a National Palava Hut Forum as a complementary tool for justice and national reconciliation. The Palava Hut process is a dispute resolution mechanism that has traditionally been used in Liberia in the case of conflict between two groups. The TRC suggested that reparations shall apply to communities and individuals and that general amnesty should be granted for children. Others may be recommended not to be prosecuted if they admit their wrongs and express remorse. Further recommendations concern institutional reform which the TRC thinks must be implemented to promote “good governance” and human rights.

Liberian President Johnson Sirleaf testified before the commission on February 12

Continue reading "Liberia: Truth and Reconciliation Commission releases Volume I of Final Report "