Category Archives: transitional justice

IACHR Applauds Bolivia’s Efforts to End Impunity Through Truth Commission

A military parade in Bolivia
Credit: Richard12sep.1993 via Wikimedia Commons

On September 14, 2017, the Inter-American Commission on Human Rights (IACHR) issued a press release, applauding the Bolivian government’s establishment of a Truth Commission on August 21, 2017. [IACHR Press Release: Bolivia] The Truth Commission will investigate allegations of grave human rights violations and crimes against humanity that occurred between November 4, 1964 through October 10, 1982, during the military and authoritarian rule of Bolivia. [IACHR Press Release: Bolivia; Amnesty International] See Ley N 879, Ley de la Comision de la Verdad, 23 December 2016 (Bolivia) (in Spanish only). The law establishing the Truth Commission, Law 879 of December 23, 2016, set its objective as “to solve the murders, forced disappearances, tortures, arbitrary detentions, and sexual violence, considered grave human rights violations, which were committed in Bolivia for political and ideological motives.” [IACHR Press Release: BoliviaThe Truth Commission, composed of five members, will remain in place for two years, during which time the members will carry out investigations and report on their findings. [IACHR Press Release: Bolivia]

The establishment of the Truth Commission follows a long period of widespread impunity, since 1982, for the grave human rights violations committed during the 18-year period, and its findings, the IACHR has noted, will contribute to ensuring justice for the victims’ families and to preventing further injustice. [IACHR Press Release: Bolivia; Amnesty International] Bolivia previously made efforts towards seeking and promoting truth; however, the government made little progress, and those efforts were limited to violations relating to forced disappearances. [IACHR Press Release: Bolivia] Representatives of the victims’ families as well as civil society, though, continued to advocate for the establishment of a Truth Commission to ensure that the violations will be “remember[ed], record[ed], and clarif[ied].” [Amnesty International] Read more

African Commission Launches General Comment on Torture Victims’ Right to Redress

The African Commission on Human and Peoples’ Rights during the 21st Extraordinary Session
Credit: ACHPR

The African Commission on Human and Peoples’ Rights (ACHPR) recently launched General Comment No. 4 on the right to redress for victims of torture and other cruel, inhuman, or degrading punishment or treatment, which was previously adopted during the 21st Extra-Ordinary Session of the ACHPR. See ACommHPR, General Comment No. 4 on the African Charter on Human and Peoples’ Rights: The Right to Redress for Victims of Torture and Other Cruel, Inhuman or Degrading Punishment or Treatment (Article 5), (adopted at the Commission’s 21st Extra-Ordinary Session, held from February 23 to March 4, 2017). Launched on May 8, the General Comment provides an authoritative interpretation of the scope of the right to redress, and States parties obligations, under Article 5 of the African Charter on Human and Peoples’ Rights (African Charter). The General Comment addresses the obligations to provide prompt, full, and effective redress; to ensure rehabilitation; to protect against intimidation and reprisals; and to provide redress for collective harms. See id. [IRCT Press Release] Additionally, the General Comment offers guidance on the right to redress within the contexts of sexual and gender-based violence, armed conflict, transitional justice processes, and violence carried out by non-State actors. See General Comment No. 4 on the African Charter on Human and Peoples’ Rights: The Right to Redress for Victims of Torture and Other Cruel, Inhuman or Degrading Punishment or Treatment (Article 5)(adopted at the Commission’s 21st Extra-Ordinary Session, held from February 23 to March 4, 2017). According to the International Rehabilitation Council for Torture Victims (IRCT) – a global civil society organization dedicated to the rehabilitation of torture survivors – this General Comment takes a significant step towards achieving protections for victims of torture and other ill-treatment in the region due to its victim-centered approach to rehabilitation and to its acknowledgement that redress should be provided to  victimized communities in addition to individual victims. [IRCT Press Release] Read more

ICC Releases Annual Report on Progress of Preliminary Examinations

The International Criminal CourtCredit: OSeveno via Wikimedia Commons

The International Criminal Court
Credit: OSeveno via Wikimedia Commons

On November 14, the International Criminal Court (ICC) released its 2016 annual report on its pending preliminary investigations into alleged war crimes, crimes against humanity, or genocide. [ICC Press Release] The report details the Court’s progress on the 10 situations being evaluated for possible investigation, including two examinations initiated during the reporting period of November 1, 2015 to October 31, 2016 (the situations in Burundi and Gabon). [ICC Press Release] See ICC Office of the Prosecutor, Report on Preliminary Examination Activities (2016), para. 19. The other eight preliminary examinations involve crimes allegedly committed on the territories of Afghanistan, Colombia, Guinea, Iraq/United Kingdom, Palestine, Nigeria, Ukraine, and Comoros (which requested an investigation into the Gaza flotilla raid by Israel of ships sailing under the flags of Comoros, Greece, and Cambodia).

The Office of the Prosecutor examines situations in three phases: first, to assess the situation’s significance and eliminate crimes outside of the ICC’s jurisdiction; second, to officially commence the examination and assess subject-matter jurisdiction over the alleged crimes; and third, to assess both the adequacy of national proceedings on the alleged crimes and the gravity of the crime, which refers to the “scale, nature, manner of commission of the crimes, and their impact[s].” See ICC Office of the Prosecutor, Report on Preliminary Examination Activities, paras. 6-7, 15. Four situations – Afghanistan, Colombia, Guinea, and Nigeria – are in the final stages of preliminary examination. Five of the situations are in the second phase and one situation that was previously dismissed (the Comoros referral) is now under reconsideration. See id. at paras. 15, 308-13. The ICC Prosecutor, Fatsou Bensouda, has indicated she intends to release decisions concerning the situation in Afghanistan and the Comoros referral shortly. [ICC Press Release] Read more

Colombians Reject Peace Deal Heralded by International Community, Negotiations Continue

Colombian Peace Agreement Ceremony Credit: UN Photo/Rick Bajornas

Colombian Peace Agreement Ceremony

Credit: UN Photo/Rick Bajornas

On Sunday, October 2, 2016 Colombians headed to the polls to vote on a peace agreement to end the 52-year war with the Revolutionary Armed Forces of Colombia (FARC) guerillas. [The Guardian: Voters] Contrary to what the polls had predicted, the peace deal referendum was rejected by a 0.4 percent margin. [The Guardian: Voters] The deal was the result of four years of negotiations between the government, led by President Juan Manuel Santos, and the FARC. The agreement instituted a ceasfire and initiated the demobilization of fighters through a process that will continue to be overseen by the United Nations. [UN News Centre] It also included provisions that would have cut off FARC’s ties to the drug trade, required FARC guerillas to turn in their weapons and transition to a political movement that would allow FARC leaders to participate in government, and permit rebel leaders to confess and avoid jail time through special tribunal proceedings, while granting amnesty to fighters. [The Guardian: Brexit]

The peace deal, while criticized for compounding impunity for war crimes and crimes against humanity, was largely seen as an opportunity to move towards peace. [Amnesty International: No Vote] With the no vote and the remaining uncertainty over the future of Colombia and FARC’s activities, officials have re-entered negotiations. [The Guardian: Brexit] Meanwhile, the Norwegian Nobel Committee  recognized President Santos’ efforts, awarding him the Nobel Peace Prize this past week. [Nobel Prize] Read more

Rwanda Withdraws Access to African Court for Individuals and NGOs

Credit: Wouter Engler via Wikimedia Commons

Credit: Wouter Engler via Wikimedia Commons

The government of Rwanda has announced it will no longer allow individuals and non-governmental organizations to directly file complaints against it with the African Court on Human and Peoples’ Rights (AfCHPR). [Ministry of Justice Press Release] The decision comes as the African Court is set to decide a claim against Rwanda by a leading opposition politician, Victoire Ingabire, who alleges her imprisonment for genocide denial was unfair and politically motivated. [AfCHPR Press Release; HRW] Rwanda deposited the withdrawal on February 29, just over three years after it first deposited the declaration under Article 34(6) of the Protocol to the African Charter on Human and Peoples’ Rights. The government asserts that the withdrawal is intended to prevent exploitation of the individual complaint procedure by criminals, particularly individuals who took part in the 1994 genocide and have subsequently fled the country. [Ministry of Justice Press Release] The Protocol does not outline a withdrawal process, and the Court has yet to make a decision on the validity of the withdrawal or how it will affect pending cases against Rwanda. Only eight African Union (AU) countries have submitted declarations allowing individual complaints to the Court, and Rwanda is the only State to withdraw, potentially reducing the number of AU countries where individuals and NGOs have direct access to the Court to seven. Read more

Burkina Faso’s President Reinstated and Elections Rescheduled after Coup

Secretary-General Ban Ki-moon and interim President of Burkina Faso, Michel Kafando
Credit: UN Photo/Eskinder Debebe

Burkina Faso’s interim President Michel Kafando was reinstated on September 23, 2015, following a truce agreement between coup leaders and the national army. [BBC News: Reinstated; Al Jazeera: Coup leaders sign truce] This truce agreement came after the September 16th coup in which members of the Regiment of Presidential Security (RSP, for its French name: Régiment de sécurité présidentielle), calling themselves the National Democratic Council, under the leadership of General Gilbert Diendéré, kidnapped interim President Kafando, Prime Minister Zida, and two ministry officials, Augustin Loada and Rene Bagoro. [The Guardian: Warning Shots; The Guardian: Violent Protests] Following this, the military announced that it was in power and that the transitional government, which had been put into place in November 2014, had been dissolved. [Al Jazeera: Military Claims Control; Al Jazeera: Transitional Government] Under the agreement that was reached on September 23rd, the RSP agreed to step down and return to its barracks and the national army agreed to withdraw its troops from the capital, Ouagadougou, and guarantee the RSP’s safety. [Al Jazeera: Coup leaders sign truce]

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Committee on Enforced Disappearances Reviews Iraq and Montenegro

States parties and signatories to the International Convention for the Protection of All Persons from Enforced Disappearance
Credit: OHCHR

The United Nations Committee on Enforced Disappearances (CED) is currently holding its 9th session in Geneva, Switzerland from September 7th to 18th. The CED is reviewing State reports of Iraq and Montenegro regarding their implementation of the International Convention for the Protection of All Persons from Enforced Disappearance (Convention). During the session, the CED and each State engage in dialogue on the State’s national report and responses to the issues the CED requested the State to address; the Committee will also consider supplemental reports submitted by civil society organizations and national human rights institutions (NHRIs) concerning the States’ compliance with the Convention. The CED will then adopt concluding observations on the States’ implementation of treaty provisions.

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