Hellen1 2
Hellen1 2
Accounting for the events of the past, mending the resultant divisions,
rebuilding national cohesion and achieving impartial democratic
transformation are the major obstacles faced by a transitioning country. For
instance, Tunisia in 2011, Burkina Faso in 2014 and the Gambia in 2017.
Besides the need to the violations of the past, the conflicts and violations
they impose on the African society also raises the demand for removing the
circumstances that made the violations passivity and for creation of a just
society that respects people's rights and dignity.
Despite transitional justice Initiatives being carried out across the continent,
they are not always seen to have a transitioning effect. This was the case in
Nigeria after the end of Biafran Civil war. There is a wide range of judicial
and non-judicial options available to help in the transitioning from conflict
and violence to peace and justice. These approaches include reconciliation,
reintegration of fighting forces, reconstruction programs, accountability
measures and investigation commissions.
The processes mentioned above dwell on the societal need for political
reconciliation and different beliefs and norms, including those in the ACHPR.
From ACHPR' pperspective, there are three concerns in the transitional
process:1) the identification of ongoing violence and violations due to armed
conflicts and the provision of remedial measures fire victims. 2) the
institutionalization of legislative and institutional measures to give effect to
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the rights in the Charter and 3) the establishment of a political system willing
and able to enforce these legislative and institutional measures.
The following are the TJ processes that have been implemented in various
African counties.
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Criminal prosecutions in post-conflict settings often face contextual
challenges. For instance, the Gacaca courts and Ethiopia’s Red Terror trials
were criticized for not meeting international fair trial standards. Local judicial
systems frequently lack the capacity to manage complex mass crime cases
adequately. In Rwanda, the enormity of accused individuals (up to one
million) and the diminished judicial infrastructure post-genocide led to the
establishment of Gacaca courts, which involved community members in the
pursuit of accountability and truth-telling. However, these courts faced
accusations of lacking impartiality and fairness. The reality of transitional
justice involves difficult trade-offs between accountability and adhering to
international fair trial norms; nonetheless, these trade-offs can be acceptable
if they serve the public interest.
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prevalent non-judicial response used after significant crises. Though their
structure and mandate vary among countries, TRCs have been established in
over 16 African nations. However, several concerns regarding TRCs have
emerged when viewed through the legal expectations of the African Charter.
One pressing issue is the establishment process for these commissions,
which must adhere to the Charter's standards of independent and credible
investigations. Ensuring a transparent and participatory approach in forming
these commissions is essential. For instance, the initial appointment of
commissioners for the Liberia TRC faced significant pushback due to
questions about the legitimacy and credibility of the process, as well as the
independence of those appointed. Similarly, the selection of Bethuel Kiplagat
as chairperson of the Kenyan Truth, Justice and Reconciliation Commission
(TJRC) was met with challenges from various stakeholders, including TJRC
commissioners and civil society, who called for his resignation due to
concerns over his suitability.
Local
Current issues
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successful prosecution of gender-based crimes can largely be ascribed to
tailored measures, such as all-female hearings and supportive court
environments, along with legal teams that adopt a progressive stance
informed by the local context. Recent developments now address gender-
based crimes against all genders.
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