Community Participation In Transitional Justice: A Role For .

1y ago
8 Views
2 Downloads
1.64 MB
65 Pages
Last View : 15d ago
Last Download : 3m ago
Upload by : Matteo Vollmer
Transcription

COMMUNITY PARTICIPATION IN TRANSITIONAL JUSTICE:A ROLE FOR PARTICIPATORY RESEARCH2014U.S. Agency for International Development (USAID)

PREFACEAmerican Bar Association Rule of Law InitiativeThe mission of the American Bar Association Rule of Law Initiative (ABA ROLI) is to promote the rule oflaw by working with in-country partners to build sustainable institutions and societies that deliver justice,foster economic opportunity and ensure respect for human dignity.For nearly 25 years, and through our work in 99 countries, we have remained committed to this mission.ABA ROLI and our partners seek to strengthen legal institutions, to support legal professionals, to fosterrespect for human rights and to advance public understanding of the law and of citizens’ rights. Each ofthese efforts contributes toward a more hospitable environment for rule of law in our host countries and,ultimately, worldwide.Today, ABA ROLI implements programs in more than 50 countries across Africa, Asia and the Pacific,Europe and Eurasia, Latin America and the Caribbean, and the Middle East and North Africa. ABA ROLIhas roughly 700 professional staff working in the United States and abroad, including a cadre of short- andlong-term volunteers and legal specialists, who in fiscal year 2013 alone contributed 3.9 million in probono legal technical assistance.ABA ROLI’s work in the field is supported by the Research and Assessments (R&A) Office, which iscomposed of a team of lawyers based in ABA ROLI’s headquarters in Washington, D.C. The R&A Officedevelops and implements a series of highly regarded assessment tools, provides in-depth assessments ofdraft legislation at the request of host-country partners, conducts legal research, and produces a varietyof papers and resource guides on rule of law issues.TRANSITIONAL JUSTICE AND PARTICIPATORY RESEARCH

COMMUNITY PARTICIPATION IN TRANSITIONAL JUSTICE:A ROLE FOR PARTICIPATORY RESEARCHAcknowledgementsThe American Bar Association Rule of Law Initiative (ABA ROLI) wishes to thank the team who developedCommunity Participation in Transitional Justice: A Role for Participatory Research. Jim Wormington, Senior LegalAnalyst at ABA ROLI, served as the principal author of the manual and conducted the field work for thecentral case study in Saramoussaya, Guinea. Tessa Khan, Senior Legal Analyst at ABA ROLI, served as aco-author. ABA ROLI wishes to extend particular thanks for the generosity and wisdom of its twoindependent consultants: Karen Campbell-Nelson, a transitional justice practitioner and scholar based inWest Timor, and Sharon M. Ravitch, a Senior Lecturer at the University of Pennsylvania’s Graduate Schoolof Education. Karen and Sharon’s advice and insight into their respective fields provided the foundationon which the manual was built, namely the process of integrating participatory research and transitionaljustice. Their ongoing comments and oversight were instrumental in guiding the development of themanual and the learning of its authors.ABA ROLI would also like to thank an advisory board of participation and facilitation experts that providedpro bono advice and commentary throughout this project, particularly Natasha Walker, ShawnCunningham, Marcus Jenal, Christopher Gohl and Constanze Helmchen. Jessie Tannenbaum (Senior LegalAnalyst, ABA ROLI) and Simon Conte (Director, Research and Assessments Office, ABA ROLI) alsoprovided valuable comments and oversight during the development of the guide. Nicole Cellone and IlungaKalala provided research assistance, and Jaspreet Saini comments on drafts.ABA ROLI is especially grateful to Guinean human rights organization Les Mêmes Droits pour Tous(MDT), who partnered with ABA ROLI to facilitate participatory research in Saramoussaya, andparticularly Foromo Frederic Loua, Adrien Tossa Montcho, Mamadou Alpha Mariam Diallo andFousseinatou Camara. MDT was also assisted by an independent consultant, Amadou Cellou Barry. Finally,ABA ROLI sincerely thanks the community members of Saramoussaya for generously allowing their effortsto understand and respond to the impact of human rights violations to be documented.Cover photo: Amadou Cellou Barry, a gathering of women in Saramoussaya adjacent to the community’sweekly market.DISCLAIMERThis publication was produced for review by the United States Agency for International Development.The authors’ views expressed in this publication do not necessarily reflect the views of the United StatesAgency for International Development or the United States Government.

TRANSITIONAL JUSTICE AND PARTICIPATORY RESEARCH

CONTENTSINTRODUCTION . 1PART I: INTRODUCING PARTICIPATORY RESEARCH . 51.PARTICIPATORY RESEARCH AS A PROCESS . 52.CORE PRINCIPLES OF PARTICIPATORY RESEARCH . 8PART II: PARTICIPATORY RESEARCH IN PRACTICE. 111.2.3.BEGINNING . 111.1Formulating objectives . 111.2Identifying partner communities. 12COMMUNITY RESEARCH COMMITTEES . 142.1Introduction . 142.2Will a community have one or more CRCs? . 142.3How will CRCs relate to existing decision-making structures? . 152.4What attributes are desirable for CRC members? . 152.5How will CRC members be appointed? . 162.6What training will CSOs provide to CRC members? . 182.7How will CSOs transfer leadership of the research to CRCs? . 18DATA COLLECTION . 203.1What data collection activities are appropriate?. 213.2How will CRCs ensure that community members are willing and able to participate in datacollection activities? . 233.3How will CRCs ensure that participants in data collection activities are not harmed? . 253.4How can CRCs prepare to facilitate data collection activities? . 263.5How will data be recorded and stored? . 28

4.ANALYSIS . 304.1How will CRCs review data? . 304.2How will the data be sorted? . 314.3How will the sorted data be displayed and interpreted? . 324.4How will other community members give feedback on the CRC’s initial analysis? . 325. PLANNING FOR ACTION . 345.1Mobilization . 34Strategy 1: Local Support Groups . 34Strategy 2: Networks. 35Strategy 3: Fundraising . 365.2Advocacy . 37Strategy 4: Lobbying/Face-to-Face Meetings . 37Strategy 5: Media Coverage . 375.3Local-level transitional justice mechanisms . 38Strategy 6: Community Reparations Programs. 39Strategy 7: Local Memorials . 40PART III: A QUICK GUIDE . 41APPENDICES . 451. SAMPLE DATA COLLECTION ACTIVITIES . 452. REFERENCES . 50TRANSITIONAL JUSTICE AND PARTICIPATORY RESEARCH

INTRODUCTIONThis manual aims to assist civil society organizations (CSOs) to use participatory research to promotecommunity participation in transitional justice. Transitional justice describes a range of strategies that aredesigned to respond to a period of systematic or widespread human rights violations, and which intendto promote accountability, reconciliation and, ultimately, peace. Typical transitional justice strategiesinclude criminal prosecutions of perpetrators of human rights violations; truth commissions thatinvestigate past abuses and provide recommendations to address them; reparations to compensatematerial and moral damage suffered; memorials that preserve public memory of human rights violationsand their victims;1 and institutional reforms designed to address the root causes of abuses.2 Transitionaljustice is not, however, limited to these approaches and, at its broadest, “involves anything that a societydevises to deal with a legacy of conflict and/or widespread human rights violations, from changes in criminalcodes to those in high school textbooks, from creation of memorials, museums and days of mourning, topolice and court reform, to tackling the distributional inequities that underlie conflict.”3This manual defines a community as a group of people that live within a defined geographic area and whomay also have common demographic, social or cultural characteristics. In referring to “communityparticipation” in transitional justice, however, this manual refers to an effort to involve people who haveexperienced periods of conflict and/or human rights violations,4 and who are supposed to be the principalbeneficiaries of transitional justice strategies, in the design and implementation of those strategies.“Community participation in transitional justice” can therefore be equated with a “local”5 or “bottomup”6 approach, and can be contrasted with state-driven, “top-down”7 or “legalistic”8 approaches.What are the benefits of community participation in transitional justice?Community participation in transitional justice has three significant benefits. First, involving communitiesin the design of transitional justice strategies makes it more likely the strategies respond to the uniqueneeds and challenges of each community,9 whose experiences of the past (and their present circumstances)are likely to vary widely.10 Transitional justice has at times been seen as a “toolbox” of measures that canbe “brought to any situation[ ]and ensure a better process of peace building and democratic nationbuilding.”11 Even when the importance of adapting to local circumstances is recognized, policymakers havehad a tendency to revert to the same strategies they utilized—often with limited success—elsewhere.12Transitional justice processes have also tended to treat countries as an “undifferentiated whole” and haveadopted inflexible national-level strategies that do not always capture the meaning of conflict for specificcommunities.13 Amplifying the voice of communities in the design of transitional justice strategies makesit more likely the strategies will be responsive to local priorities.14Second, participation creates the support necessary for change. Policymakers frequently refer to the needfor transitional justice initiatives to be perceived as “legitimate” by the public, because it is they who areasked to participate in transitional justice institutions, and who ultimately must accept their decisions. 15Communities are, however, more likely to support initiatives that they themselves help to develop andimplement. Margaret Wheatley and Deborah Frieze, in a compelling analysis of how sustainable changeoccurs in communities, note that “[p]eople don’t support things that are forced on them. We don’t actresponsibly on behalf of plans and programs created without us. We resist being changed, not changeitself.”16 Transitional justice processes are therefore lent legitimacy where they create opportunities forcommunities to participate in their design and implementation.Third, participation addresses the marginalization and disempowerment that are the root causes of humanrights violations. By enabling communities to be heard in decisions about transitional justice, participationaddresses the loss of self-esteem and confidence that can result from victimization.17 This in turn increases1

communities’ ability to engage more with political and legal processes, and to “compel the public andgovernment actors to see them as human beings with dignity, agency and a drive to be treated on thebasis of equal opportunity.”18 The act of participation also requires communities to organize in order toarticulate their needs and priorities, and leaves behind structures, and skills, that enable communities tocontinue to play an active role in public life.19How can participatory research promote community participation?Policymakers have accepted the importance of community participation in transitional justice.20 Theyrecognize, for example, the need to consult with conflict-affected communities when designing transitionaljustice strategies,21 for example by seeking their input into a national transitional justice policy or thedesign of a specific strategy, such as a truth commission mandate22 or reparations policy.23 Transitionaljustice institutions also increasingly try to provide opportunities for communities to be active participantsin their operations, and are moving beyond simply viewing victims as only witnesses and beneficiaries.24Local-level transitional justice mechanisms are also being discussed as a legitimate and effective transitionaljustice strategy.25Given this trend, there are likely to be increasing opportunities for communities to participate in thedesign and implementation of transitional justice strategies. It is not, however, always easy for communitiesto take advantage of these opportunities. Effective participation requires communities to articulate theirneeds and priorities, and to be able to understand, and critique, proposed policies. Communities also needto know how to use mobilization and advocacy strategies to make their voice heard among the manyactors that inevitably attempt to influence policymaking.26 Finally, communities need to develop theexpertise, and resources, necessary to be active participants in transitional justice institutions, or to designand implement their own local-level mechanisms.This manual offers participatory research as a catalyst for community participation in transitional justice.Participatory research refers to efforts by communities to collect and analyze information about theircommunity and, in so doing, to initiate and sustain a dialogue about finding more “effective ways to respondto the economic, political and social challenges in their lives.”27 The results of participatory researchdescribe what the community has decided are its greatest needs and priorities, and set out an action planto address them.Participatory research has long been used to involve local populations in the creation and conduct ofpolicies designed to change their lives. It has, for example, helped small-scale miners in Kenya organizethemselves to protect their land and livelihoods from large-scale mining companies and other privatedevelopment projects.28 It has enabled war-affected young mothers in Liberia, Sierra Leone and NorthernUganda to design their own approaches to reintegrating themselves and their children into society, andhelped build support for the reintegration process within the broader community.29 In a transitional justicecontext, participatory research offers a way for community members to investigate their experiences ofpast human rights violations, to scrutinize current efforts to address them and to discuss how thecommunity could itself try to influence or complement those efforts. Participatory research can thereforenurture community-driven responses to human rights violations, which might include mobilizationstrategies that increase the community’s ability to take collective action, advocacy designed to influencepolicymaking or local-level transitional justice mechanisms that fill the gaps in national or internationalefforts. The box below provides an example of participatory research conducted in Saramoussaya, Guinea.TRANSITIONAL JUSTICE AND PARTICIPATORY RESEARCH2

Participatory Research in Saramoussaya, GuineaIn 2012 the American Bar Association Rule of Law Initiative (ABA ROLI), an international developmentorganization, and Les Mêmes Droits Pour Tous (MDT), a Guinean human rights group, assistedSaramoussaya, a rural community in Middle Guinea, to conduct participatory research. The researchaimed to help Saramoussaya to consider how to respond to human rights violations committed by thesuccession of dictators who ruled Guinea since its independence in 1958.ABA ROLI and MDT helped Saramoussaya to appoint a representative committee of communitymembers to lead the research. The committee organized a series of discussions to examine thecommunity’s experience of human rights violations, the impacts of those violations and efforts that theGuinean government and international actors are making to address them. One discussion, for example,brought people together to plot a timeline of the most significant events in Saramoussaya’s history;another examined specific types of human rights violations, such as arbitrary arrests by security forces,and asked participants to draw a tree with branches representing the causes and consequences of theviolation; another invited community members to share their views on Guinea’s Interim Commissionfor National Reconciliation, a government institution tasked with formulating a transitional justicepolicy. With ABA ROLI and MDT’s assistance, the research committee recorded the information sharedduring the discussions, and later analyzed it to uncover key insights and formulate conclusions. Theresearch suggested, for example, that there was an exodus of prominent families from Saramoussaya inthe 1970s, following the execution without trial of the families’ patriarchs by Sékou Touré, Guinea’sruler from independence until 1984. For many community members, it was this exodus that led to thecommunity’s subsequent economic stagnation, illustrated by the dilapidated state of the road linkingSaramoussaya to a national highway (in many communities in Guinea, a prominent or well-resourcedcommunity member will pay for key roads in the community to be paved). The community’s researchtherefore documented the impact of human rights violations on an individual level―the communityintroduced ABA ROLI and MDT to relatives of victims of the Touré regime―but also described theimpact of violations on the community’s overall economic well-being. It therefore suggested that, if theGuinean government is committed to a comprehensive transitional justice strategy, it should considerfinding ways to link formal recognition of past human rights violations, and the individual suffering ofvictims, with attempts to support the economic development of communities most affected by humanrights violations. The research also identified a number of possible local transitional justice interventionsfor Saramoussaya, such as the construction of a paved road linking the community to the nearbyhighway, which would be inaugurated as a memorial to victims of past regimes.What is the purpose and structure of this manual?The example from Saramoussaya demonstrates how participatory research can catalyze communityparticipation in transitional justice by assisting communities to articulate how national-level interventionsshould address their needs and what action the community itself can take to respond to human rightsviolations. However, communities like Saramoussaya will often need training and support to conductparticipatory research. National- and provincial-level CSOs, such as MDT, are perhaps best placed toprovide this support. Their independence from government or international institutions can give themcredibility with, and access to, communities, while their national profile and connections can assist thecommunity to access national- and even international-level policymakers. CSOs also generally recognizethe importance of amplifying the voices of grassroots actors in transitional justice policymaking, even ifthis can be difficult to achieve in practice.303

This manual is a resource for CSOs that wish to use participatory research to inspire communityparticipation in transitional justice. Part I introduces participatory research, explaining it as both a processthat CSOs and communities follow together, but also as a commitment to a set of principles that shouldguide all aspects of CSOs’ work. The focus of this manual is on qualitative participatory research; that is,research that does not result in generalizable findings that might apply to other communities, but whichassists the community to obtain a deep, nuanced understanding of local issues.Part II of this manual provides practical guidance to CSOs on how to assist communities to conductparticipatory research that respects the core principles described in Part I. Chapter 1 discusses how aCSO will lay the foundations for a successful project by formulating the project’s objectives and choosingsuitable partner communities. Chapter 2 provides guidance on how to install Community ResearchCommittees to manage the research process. Chapters 3 and 4 focus on data collection and analysis, thetwo key elements of participatory research. Finally, Chapter 5 discusses a number of possible strategiesthat communities might include in the action plan that is ideally the culmination of the research process.Throughout Part II, key concepts are illustrated using examples taken from the manual’s principal casestudy―that of Guinea presented above―as well as by reference to participatory research projectsimplemented elsewhere. By presenting context-specific examples, the manual tries to avoid prescribing asingular approach, but encourages CSOs to learn from what has worked (and what has not) before. PartIII draws together Parts I and II by providing a “Quick Guide” that contains the core guidance from themanual.As a final note, participatory research is undoubtedly a time- and resource-intensive process, primarilybecause it seeks to building lasting capacity, and to create sustainable change, within communities.However, no participatory research process will follow all of the guidance contained in this manual(certainly ABA ROLI and MDT’s work in Saramoussaya did not), and it will be for CSOs to adapt thismanual to their purposes and resources while trying to stay true to the core principles of participatoryresearch.TRANSITIONAL JUSTICE AND PARTICIPATORY RESEARCH4

PART I: INTRODUCINGPARTICIPATORY RESEARCH1. PARTICIPATORY RESEARCH AS A A simple way to understand participatory research is to view it asresearch conducted by the community that will benefit from it.Research, participatory or otherwise, can be understood as a seriesof cycles, each of which has two basic components: data collectionand analysis. A cycle begins with an effort to collect and recordinformation—called “data”— about the subject being investigated.Data is then analyzed and the researchers reflect on how theinformation collected sheds light on the research topics. In mostcases, the data provides only a partial answer, but gives ideas for newresearch topics and methods of inquiry. A new cycle thereforebegins, and a new set of data is collected and analyzed. As additionalcycles are completed, the researchers gain an increasingly thoroughunderstanding of the subject they are investigating.Participatory research follows the same cycle of data collection and analysis, but the research is led by acommittee of community members, which this manual calls a Community Research Committee (CRC). ACRC acts as the intermediary between the community and the CSO that facilitates participatory research,and a CSO’s role is to help the community to appoint the CRC and then to provide the CRC with trainingand support.Participatory Data CollectionA CRC begins each research cycle by collecting data. Participatory research emphasizes data collectiontechniques that create opportunities for groups of community members to share information about theirexperiences of human rights violations, as well as thoughts on how to respond to the impact of thoseviolations. A CRC might, for example, invite community members to share stories about their past, or tocreate a timeline showing the history of the community. Later in the process, a CRC might ask communitymembers to map out the organizations that are currently assisting them to respond to human rightsviolations, and to discuss the strengths and weaknesses of each organization’s work. With the assistanceof the CSO, the CRC records the information that community members provide, and also observes howthey behave during each activity, gaining insights into participants’ attitudes towards the topics discussed.Participatory AnalysisThe CSO also assists the CRC to analyze the data that itcollects. Analysis will generally follow three stages. The CRCwill first review the information and then sort it according toemerging themes or categories. Sorting the data gives the CRCan understanding of the research findings—what the key issueswere, and for whom—and enables the CRC to interpret theReviewSortInterpret5

data, uncovering the insight the data provides on the research topics. The CRC also evaluates which datacollection methods were most effective, and uses this information to improve subsequent research cycles.Once its initial analysis is complete, the CRC organizes feedback workshops to give other communitymembers an opportunity to comment on its findings. The CRC will then formulate its conclusions andidentify new topics for investigation.The Complete ProcessTransitional justice participatory research projects will generally involve at least four stages, each its owncycle of data collection and analysis. In the first stage, which this manual calls Appreciating Context, the CRC documents its community’sdemographic, social and cultural characteristics to allow it to understand the community’stransitional justice priorities in the context of its economic and social challenges, and to identifyobstacles to broad community participation in the project, particularly for marginalized groups. At the second stage, which this manual calls Remembering the Past, a CRC addresses transitionaljustice more directly, exploring community members’ experience of human rights violations, andthe impact of violations on the community. During the third stage, Assessing Responses and Resources, a CRC evaluates efforts by international,national and local actors to respond to the impact of hum

How can participatory research promote community participation? Policymakers have accepted the importance of community participation in transitional justice. 20 They recognize, for example, the need to consult with conflict-affected communities when designing transitional

Related Documents:

retributive justice is present in practice and if there is a trend of implementing restorative approaches to justice in this context. The objective of this study is relevant for transitional justice as there is a debate among scholars on the applicability of restorative justice in transitional societies.

Chapter 1: Child Rights and Transitional Justice 1 Saudamini Siegrist Chapter 2: Basic Assumptions of Transitional Justice 31 and Children Alison Smith Chapter 3: International Criminal Justice and Child Protection 67 Cécile Aptel Chapter 4: Children and the South African Truth and 115 Reconciliation Commission Piers Pigou

Mr.Justice Sh.Riaz Ahmed, HCJ Mr.Justice Munir A.Sheikh Mr.Justice Iftikhar Muhammad Chaudhry Mr.Justice Qazi Muhammad Farooq Mr.Justice Mian Muhammad Ajmal Mr.Justice Syed Deedar Hussain Shah Mr.Justice Hamid Ali Mirza Mr.Justice Abdul Hameed Dogar Mr.Justice Muhammad Nawaz Abbasi CONSTITUTION PETITION NO.15 OF 2002

African countries have opted for transitional justice as opposed to ‘witch hunt’ prosecutions. The 1 Frankel Marvin and Saideman E Out of the shadows of night: The struggle for international human rights (1989) 103-4. 2 Fombad CM, ‘Transitional Justice in Africa: The Experience with Truth Commissions’ (2017) available at

TRANSITIONAL JUSTICE IN AFRICA - Between wide application and deep contestation.* Speaker: Commissioner Solomon A Dersso, African Commission on Human and Peoples’ rights INTRODUCTION A very good morning to you all, distinguished participants and organizers of this inaugural continental forum on transitional justice in Africa.

The report first provides an overview of South Sudan’s transitional justice needs and outlines the AU’s role in transitional justice on the continent, and in South Sudan in particular.

the past in Bosnia, Northern Ireland, Rwanda, Kashmir, South Africa, and many other locales: all are scenes from our age of transitional justice. Each portrays an effort to address the past injustices of a civil war or some form of authoritarianism: communism, military dictatorship, apartheid. Transitional justice, of course, is nothing new. The

SAMPLE CONTENT 1 Word Meaning bashfulness (n) shyness or discomfort with other people be a pussy-cat (phrase) here, laze around indoors beckoned (v) invited or guided someone with a gesture of a hand behold (v) see; witness betokening (v) be a sign of blanc-mange (n) almond flavoured milk pudding blunt (adj) here, saying something honestly without trying to be polite