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Springer Series in Transitional Justice
Jasmina Brankovic
Hugo van der Merwe Editors
Advocating
Transitional
Justice in Africa
The Role of Civil Society
Springer Series in Transitional Justice
Series Editor
Dr. Olivera Simic
Senior Lecturer with the Griffith University Law School
Queensland, Australia
Advocating Transitional
Justice in Africa
The Role of Civil Society
Editors
Jasmina Brankovic Hugo van der Merwe
University of Cape Town Centre for the Study of Violence
Centre for the Study of Violence and Reconciliation
and Reconciliation Cape Town, South Africa
Cape Town, South Africa
v
vi Foreword
anchored in particular unarguable universal standards. They all agree that transi-
tional justice is a project of hope and an indispensable tool in the hands of reform-
ers. Nevertheless, they plead for the complexity of the continent and ask for
rethinking transitional justice to indigenise the concept.
This volume will serve as a timely and thought-provoking guide for activists,
thinkers and policy makers—as well as students of transitional justice—interested
in the tension between the universal and the particular in the arduous struggle for
liberation. Often, civil society actors in Africa have been accused of consuming the
ideas of others, but not producing enough, if any, of their own. This volume makes
clear the spuriousness of this claim and firmly plants an African flag in the field of
ideas. The arc of transitional justice has been long and uneven. Its effectiveness and
success in Africa are the subject of intense debate. I view that debate as a healthy
one. The authors here agree and take that debate a notch higher. None of them is a
naysayer. However, they are all interested in the project of transitional justice as a
key experiment for social recovery.
I recommend this rich volume to all those concerned with the human condition.
In these pages, dedicated and introspective social actors who span the diversity of
religion, region, culture, gender and national origin unite in affirming transitional
justice while at the same time pushing its frontiers. It is a work of enormous vitality
and reach. If transitional justice has a future, then I urge those working and thinking
in it to embrace the lessons offered herein.
Makau Mutua
SUNY Distinguished Professor
Floyd H. & Hilda L. Hurst Scholar
SUNY Buffalo Law School
State University of New York
Buffalo, NY, USA
Editors’ Preface
Transitional justice is a constantly evolving field of theory and practice. It has been
challenged and contested since its influence began to spread through replication and
the diffusion of global normative frameworks and mechanisms. One key area of
contestation is the relevance of the ideas and tools provided by this field to local
activists and advocates pursuing peace and justice agendas in their local communi-
ties and countries. This collected volume seeks to engage directly with the questions
this raises: How does local civil society pursue transitional justice? How useful do
civil society organisations (CSOs) find the avenues for social change that transi-
tional justice processes provide? And to what extent do they influence them?
The question of civil society’s role in transitional justice does not simply relate
to the relevance of global ideas for local practice. Transitional justice seeks to
respond to local needs. Local traction, victim-centredness and community partici-
pation are all buzz phrases in the field. It is the practice of transitional justice that
will shape our future understanding of the boundaries of the field, its goals, its strat-
egies and its definition.
Whether the field is able to respond to local experiences is however another mat-
ter. Generally it remains dominated by North-based scholars, donors, policy makers
and transitional justice professionals who have instrumentalised and institution-
alised the field in ways that sometimes appear unresponsive to outsider voices. A
key challenge remains the absence of these voices from critical debates and particu-
larly the transitional justice literature. While practitioners speak eloquently at tran-
sitional justice workshops and conferences, they seldom document their experiences
and present their reflections in writing.
The motivation for this book is essentially to address that absence and to high-
light the experiences of local practitioners, largely in their own voices. For us as
editors, it represents an attempt to bridge the gap between our practitioner col-
leagues and our academic colleagues and contribute to correcting the imbalance in
the academic and policy literature.
vii
viii Editors’ Preface
African civil society has been a prominent player in regional and national transi-
tional justice policy debates. A number of African CSOs have played major roles in
shaping their countries’ transitional justice mechanisms. The South African Truth
and Reconciliation Commission, for example, was designed in large part by civil
society through a process of behind-the-scenes policy discussions and big policy
conferences (Boraine et al. 2014). Civil society was also central to finalising the
legislation that established the commission and then in the implementation of its
work (Van der Merwe et al. 1999).
This process of civil society engagement with national transitional justice pro-
cesses has been replicated in many countries on the continent. In some cases the
lack of state capacity meant that CSOs were directly responsible for drafting transi-
tional justice legislation, and in most cases truth commissions and other measures
relied particularly on civil society’s ability to access victims and marginalised com-
munities. This capacity and local legitimacy—built during conflict or in the midst of
ongoing state repression—has given civil society unusual leverage in shaping
interventions. At the same time it has moulded particular transitional justice agen-
das that often put civil society at odds with the state.
Editors’ Preface ix
Civil society in Africa has also been vocal in relation to the global transitional
justice debates. While sometimes caught between the narrowly framed international
normative approach and national elite politics, CSOs have managed to articulate a
unique approach. They have challenged both international and national policy makers,
pushing for transitional justice processes that resonate with local needs and priorities
and that speak to broad social concerns regarding peace, democratisation and local
conceptions of justice. There are numerous examples of African CSOs that simply
jump on the global transitional justice bandwagon or are cowed by the demands of
authoritarian regimes. But the voices of civil society in dealing with local community
processes, national debates and global arenas provide an encouraging picture of a field
characterised by vibrant intellectual debate and innovative interventions.
In this book we have sought to offer local practitioners space to reflect on the devel-
opment and effectiveness of their strategies in promoting transitional justice, to
identify the theoretical and contextual influences on their work and to present les-
sons learnt over two decades of transitional justice interventions on the continent.
Given our years of experience working with practitioners on documenting their
experiences and ideas, we realised that this endeavour would be a challenge. While
practitioners are more than capable of documenting their experiences, engaging in criti-
cal self-reflection and participating actively in theoretical discussions of transitional
justice challenges, they do not prioritise writing in their day-to-day work. Our efforts to
solicit inputs from our network of colleagues across the continent produced numerous
rich inputs, but finding time to revise and edit work within the timeframe of an edited
volume meant that many of these inputs could not be included in the book. We remain
grateful to those practitioners who participated in the workshops and exchanges, which
enriched the reflections and insights that inform the ideas shared in this volume.
Rather than just rely on practitioners’ inputs on civil society, we decided to
broaden our circle of contributors and invite other researchers who have extensive
experience working in collaboration with African CSOs and local academics who
have done serious empirical work on these issues. We also sought to address par-
ticular gaps that we identified in the collection, such as issues of gender and the role
of regional mechanisms. Again, our efforts were only partially successful.
This volume was born out of many years of engagement among a range of CSOs
on the African continent, which have collaborated on joint advocacy projects,
engaged in knowledge exchange and helped to build mutual capacity to pursue tran-
sitional justice initiatives in their local contexts and through regional bodies such as
the African Union. Both the editors of this volume, Jasmina Brankovic and Hugo
van der Merwe, work with the Centre for the Study of Violence and Reconciliation
(CSVR), which has been one of the central partners in these collaborations. The
joint initiatives were developed through the African Transitional Justice Research
x Editors’ Preface
Network (ATJRN),1 which brought together key CSOs and African researchers and
practitioners to share knowledge and coordinate advocacy efforts.
ATJRN regularly highlighted the need to document local CSO experiences, to
facilitate critical reflection and to build local conceptualisations of transitional jus-
tice. These engagements led to the establishment of peer review processes among
partners (Mncwabe 2011), the establishment of an Institute for African Transitional
Justice (convened by the Refugee Law Project at Makerere University), facilitated
writing retreats and capacity building among partners to contribute to international
advocacy and scholarly platforms (e.g. through the International Journal of
Transitional Justice, which is managed by CSVR).
A key link between these various forums and this book is a 2010 workshop
hosted by CSVR under the auspices of ATJRN: “Advocating Justice: Civil Society
and Transitional Justice in Africa”. This workshop brought together 18 transitional
justice practitioners from across the continent to share their experiences of pursuing
transitional justice processes in their respective countries. It produced rich case
studies,2 a workshop report (Brankovic 2010) and a wealth of information that
inspired us to explore other channels to make sure that these types of perspectives
are more effectively captured and disseminated in academic circles.
Transitional justice is fundamentally about both the politics of justice and the cultural
conceptions of justice. Writing about the African continent addresses a unique subset
of cases that differ from how transitional justice is conceived and pursued in other
regions. Africa has been a particularly prominent subject of the field in the last two
decades. This is the result of a confluence of factors, such as the political shifts and
democratisation following the end of the Cold War, the regional influence of the South
African Truth and Reconciliation Commission’s reputation, and the prominence of
international bodies which have promoted transitional justice through their interven-
tions across the continent. In many of these situations, transitional justice is presented
as an externally defined idea. While local actors often see the relevance of the promises
made relating to justice, reconciliation and accountability, the practice of transitional
justice tends to be presented as the implementation of predesigned templates. This
power differential between transitional justice proponents and local “consumers” has
become one of the defining features of the African experience of transitional justice.
1
The African Transitional Justice Research Network Steering Committee consisted of representa-
tives from CSVR (South Africa), the Refugee Law Project (Uganda), the Campaign for Good
Governance (Sierra Leone), the Center for Democratic Development (Ghana) and the Zimbabwe
Lawyers for Human Rights (Zimbabwe).
2
Centre for the Study of Violence and Reconciliation, “Advocating Justice: Civil Society and
Transitional Justice in Africa”, http://www.csvr.org.za/publications/latest-publications/2724-advo-
cating-justice-civil-society-and-transitional-justice-in-africa2 (Accessed 26 July 2017).
Editors’ Preface xi
Civil society has played a key role in reversing this power dynamic, particularly by
formulating local transitional justice agendas and partnering with each other to promote
more locally responsive approaches, and more recently by working with the African
Union on the development of an African Union Transitional Justice Policy. In a similar
vein, civil society has worked closely with the African Commission on Human and
Peoples’ Rights to develop a strategy for engagement with transitional justice. Rather
than rejecting transitional justice as yet another externally imposed agenda, African
institutions are articulating their own values and norms that draw on African human
rights frameworks and reflections on national experiences within the continent.
While there may be some danger of creating a new generic model that presents a
regional rather than a global template, this critical psychological and political shift
means that transitional justice is seen as something that can be redefined and repur-
posed for a different agenda. This volume seeks to feed into African transitional jus-
tice ownership by providing an up-to-date regional perspective on the field. The
chapters speak to the specific local contexts that need to be negotiated by practitioners
and provide considerable pause to those who would impose generic frameworks.
In the introductory chapter, Jasmina Brankovic examines ways in which civil society
theory affects practitioners’ approaches to transitional justice in Africa. Brankovic
outlines the intersections of mainstream and alternative conceptions of civil society
and transitional justice, given their parallel rise in the post-Cold War context. Through
a close reading of the case studies, she explores the main tensions that characterise
these intersections, namely, the validity of positioning (human rights) NGOs as the
most legitimate form of civil society, the significance of associational life based on
sectarian ties, the role of “uncivil” collective action and the marginalisation of vari-
ous local, regional and global dynamics with the centring of the state implied by the
state–civil society binary. Brankovic suggests that the practice of transitional justice
on the continent is constrained by mainstream conceptions of civil society.
Turning the book’s focus to civil society strategies, Andrew Songa analyses the role
of the Kenya Transitional Justice Network (KTJN) in shaping Kenya’s transitional jus-
tice agenda in the context of democratisation. After discussing the dynamics and evolu-
tion of Kenyan civil society since independence, Songa zeroes in on KTJN’s engagement
with the Truth, Justice and Reconciliation Commission, namely, advocating for its
establishment, playing both an advisory and a watchdog role during the commission’s
tenure and then following up on its recommendations. Evaluating KTJN’s agenda devel-
opment and the effectiveness of its strategies, the chapter suggests critical lessons in
terms of substantive issues such as ensuring victim participation and promoting gender
justice, as well as operational issues such as governance structures and sustainability.
Editors’ Preface xiii
account for its misdeeds, and the struggle for a more just society that deals with
inequality and oppression across many social dimensions, including gender. While
the contributors offer some lessons they have learnt, drawing out recommendations
for transitional justice practice from this complex landscape and painful struggle
would seem somewhat trite. What the chapters in fact highlight is the need for con-
stant critical reflection and for innovation. While drawing on international inspiration,
and norms and mechanisms that tilt the power balance in critical ways, transitional
justice is a field that requires localised solutions. African civil society is an important
resource, bringing together as it does a global knowledge base and a localised aware-
ness of resources, needs and priorities.
References
Boraine, A., Levy, J., & Scheffer, R. (Eds.). (1994). The healing of a nation? Cape Town: Justice
in Transition.
Brankovic, J. (2010). Advocating justice: Civil society and transitional justice in Africa. Cape
Town: African Transitional Justice Research Network and Centre for the Study of Violence
and Reconciliation.
Mncwabe, N. (2010). African transitional justice research network: Critical reflections on a peer
learning process. International Journal of Transitional Justice, 4(3), 497–508.
Van der Merwe, H., & Schkolne, M. (2017). The role of local civil society in transitional justice.
In C. Lawther & L. Moffett (Eds.), Research handbook on transitional justice. Edward Elgar:
Cheltenham.
Van der Merwe, H., Dewhirst, P., & Hamber, B. (1999). Non-governmental organizations and the
truth and reconciliation commission: An impact assessment. Politikon: South African Journal
of Political Studies, 26(1), 55–79.
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