Transitional justice

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Transitional justice

Transitional justice is a process that addresses large-scale or systematic human rights violations in countries emerging from conflict or repression, to redress legacies of violations and abuses [1]. It includes judicial and non-judicial measures and generally encompasses four pillars: criminal prosecutions, at least for those most responsible for human rights violations; truth-seeking on human rights violations through non-judicial processes; individual, collective, material or symbolic reparations for victims; and reforms necessary to avoid repetition of crimes and to restore confidence in the domestic structure [2]. Each of these pillars has its own purpose and impact, and they can be pursued in parallel [3]. Taken together, they offer a holistic approach that reflects States’ obligations under international law and victims’ rights and needs for truth, justice and reparation [4].

In transitional justice processes, States and other relevant stakeholders should take measures to ensure that the particular needs of victims of sexual and gender-based violence (SGBV) are adequately addressed [5]. Transitional justice bodies should investigate and shed light on the causes, motives, circumstances and consequences of such violence. Silencing victims of such prevalent violence would constitute a major gap in a transition to a more inclusive and protective society [6]. Since SGBV is often a result of structural gender discrimination or other sexist norms [7], transitional justice can be a catalyst for change in addressing the deep-rooted causes of such violence [8].

Several truth commissions, established as part of transitional justice processes, have addressed prevalent SGBV, allowing a more in-depth analysis of the crimes and a tailored response. These include truth commissions in Guatemala, South Africa, Peru, Kenya, Liberia, Morocco, Sierra Leone, Timor Leste and the Solomon Islands [9]. At the conclusion of their work, recommendations in the published reports can provide paths towards accountability and reparations [10]. Some commissions have dedicated entire chapters to SGBV [11].

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Footnotes

[1] International Center for Transitional Justice (ICTJ), "What is transitional justice?", n.d.; for further information on transitional justice, see C. Lawther, L. Moffett and D. Jacobs (Eds.), Research Handbook on Transitional Justice, Edward Elgar Publishing, 2017. See also FIDH and Open Asia/Armanshahr Foundation, A Handbook of Transitional Justice, Second Edition, 2012.

[3] Ibid., pp. 3 and 5.

[4] J. E. Méndez, "Victims as Protagonists in Transitional Justice", International Journal of Transitional Justice, Vol. 10(1), 2016, pp. 1-2.

[5] United Nations Approach to Transitional Justice 2010, op. cit., pp. 4-5.

[6] UN Human Rights Council, Report of the Special Rapporteur on violence against women, its causes and consequences, Rashida Manjoo, UN Doc. A/HRC/14/22, 23 April 2010, paras 26-29.

[7] Ibid., para. 31. On the importance of addressing the "structural discrimination that enables gender-based and sexual violence, and contributing to a more gender-equal society", see UN Human Rights Council, Analytical study focusing on gender-based and sexual violence in relation to transitional justice, Report of the Office of the United Nations High Commissioner for Human Rights, UN Doc. A/HRC/27/21, 30 June 2014, para. 51.

[8] L. Arbour, "Economic and Social Justice for Societies in Transition", Center for Human Rights and Global Justice Working Paper No. 10, 2006, pp. 14-15; OHCHR, Sexual and Gender-Based Violence in the Context of Transitional Justice, 2014, p. 1.

[9] UN Human Rights Council, Analytical study focusing on gender-based and sexual violence in relation to transitional justice, op. cit., paras 15-17.

[11] For instance, see the work of the Truth Commission established for Peru, Comisión de la Verdad y Reconciliación: Informe Final, 28 August 2003, Vol. VI, Chap. 1, and Vol. VIII, Chap. 2.