Support for Judicial and Non-Judicial Transitional Justice Mechanisms Andrew Solomon United States Agency for International Development.

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Presentation transcript:

Support for Judicial and Non-Judicial Transitional Justice Mechanisms Andrew Solomon United States Agency for International Development

2 Mass Atrocity Crimes & Human Rights Violations  Violations of Personal Security  Destruction & Theft of HLP  Discrimination & Exclusion Breakdown in Law and Order Post-Conflict & Authoritarian Challenges and Injustices

What is Transitional Justice? 3 Transitional Justice: The full range of processes and mechanisms associated with a society’s attempt to come to terms with a legacy of large-scale past abuses, in order to ensure accountability, serve justice, and achieve reconciliation.  Critical component of rule of law inextricably linked to democracy, human rights, and governance.  Important element in related efforts to promote peace, reconciliation, and social cohesion.  Contributes to advancement of the National Security Strategy, PSD-10, QDDR, and NAP on Women, Peace, and Security.  Holistic approach to addressing injustice (retributive and restorative).

4 International and National Prosecutions (ICC, ICTY and ICTR, Sierra Leone and Cambodia Tribunals, Bosnia, Guatemala, Uganda, Kenya, Gaccaca) Truth and Reconciliation Commissions, Commissions of Inquiry, National Dialogues (South Africa, Peru, Timor, Liberia, Kenya, Burundi, Yemen) Financial, Material, Symbolic; Access to Services (Compensation, land restitution, hospital and schools, psycho-social services, public apologies) Transitional Justices Measures and Mechanisms…

5 Monuments, Museums and Archives, Days of Remembrance, Art/Theatre (Cambodia Killing Fields; Armenian Genocide; Uganda LRA Victims Monument) Victim and Survivor Programs (Women, Children, Minorities, IDPs and Vulnerable Populations) Security and Justice Sector Reform; Vetting and Lustration; DDR (Afghanistan, Colombia, Iraq, Liberia, Nepal, Sierra Leone) Transitional Justices Measures and Mechanisms

6  Ensure compliance of TJ measures with international norms.  Design TJ measures based on assessment of country context, needs, and capacities.  Support inclusive, participatory processes in design and implementation of TJ measures.  Promote comprehensive and coherent approaches that integrate various TJ measures.  Integrate TJ assistance into broader rule of law initiatives. National ownership Principles & Practices for the International Advisor

7 IHL, Human Rights, & Criminal Law; Informal Justice Investigation and Prosecution Witness and Victim Protection Access to Justice: Legal Aid/Paralegals/Clinics L aw, Justice, & Legal Affairs Interviewing, Monitoring and Documentation Forensics, Exhumation, Archival Management Vulnerable Groups: Women, Children, Minorities, IDPs Victim Services; Psycho-social and Medical Needs Rights Protection Community Trauma Healing Mediation & Dispute Resolution Dialogue & Stakeholder Development Civil Society Development Advocacy Reconciliation & Peace Building Assessment,Design, Monitoring, & Evaluation Advising, Mentoring, and Training Organizational Development Communications and Outreach Capacity Building Technical Assistance: Competencies & Specializations