news
- Book Release (2009)
Building a Future on Peace and Justice
Kai Ambos; Judith Large; Marieke Wierda, (Eds.)
Studies on Transitional Justice, Peace and Development
The Nuremberg Declaration on Peace and Justice
Online and hardcover version available
- Press Release
June 20, 2008:
Press Statement: Nuremberg Declaration on Peace and Justice (pdf; 10 KB)
- Press Release
June 27, 2007:
Press Statement at the conclusion of the Conference (pdf; 60 KB)
- Press Release
June 25, 2007:
Federal Minister Steinmeier opens Peace Conference in Nuremberg: "Peace and reconciliation cannot be achieved by thinking in black and white" (pdf; 10 KB)
Parallel workshops
Tuesday, 26 June 2007, 09.30 - 13.00 h
Workshop 5:
Lessons from Negotiated Justice Options in
South Africa and Colombia
Panel:
Chair: Nader Nadery, Afghanistan Indipendent Human Rights Commission
Experts:
1. Paul van Zyl, International Center for Transitional Justice (ICTJ)
2. Graeme Simpson (TBC), International Center for Transitional Justice, South Africa (ICTJ)
3. Roger Uprimny, Independent Expert, Colombia
English
Interpreting service into Spanish and German
Workshop abstract:
Negotiated settlements over the last 10 years have seen some very creative options being tabled in terms of resolving the peace and justice dilemma. Countries such as South Africa and Colombia have put forward creative solutions that may teach important lessons to societies elsewhere. This workshop will seek to explore in some detail the lessons from these two countries in particular.
South Africa is widely renown for the decision by the African National Congress and its allies to forego criminal justice against former members of the apartheid regime. Instead, South Africa opted for a change of power into ANC hands and a Truth and Reconciliation Commission with the ability to offer amnesties to individual applicants in exchange for full disclosure of truth by perpetrators of atrocities. The South African TRC also gave an opportunity for victims to be heard, and provided for reparations for those who had participated in its process. At the end of its work, the TRC also issued a comprehensive report with recommendations for further reforms. It had already operated against a backdrop of a new Constitution and extensive legislative and other reforms in South Africa. All of these developments were seen as largely positive, but there were also weaknesses. There were very few prosecutions for cases who were denied amnesty, and the ones that were attempted were not all successful. Even today, a theoretical possibility to conduct prosecutions against those who were denied amnesty or who chose not to participate in the TRC is being stifled through a new prosecutorial policy. Reparations too became a source of disappointment among victims when recommendations by the TRC were not fully implemented. South Africa today remains plagued by enormous economic disparity. In all, the South African example, while an inspiration for many, remains poorly understood, and is often oversimplified. This workshop will seek to provide an in-depth analysis of its lessons.
Colombia too provides a fascinating example in the form of the Peace and Justice Law that came into force in 2005. Originally the law was intended to provide an incentive to paramilitaries who had fought on the side of the government to demobilize and to submit themselves to a criminal process that would entail reduced sentences. At the time, the law was criticized by civil society as being a compromise and in contradiction to international human rights standards. After a ruling of the Constitutional Court aimed at bringing the law in line with international standards, the approach has become more robust. This new development has triggered strong reactions by the paramilitaries, who feel deprived of promises given in the peace negotiations leading up to the Peace and Justice Law. The current criminal proceedings are also throwing up complex questions of the rights of victims to participate, and the culpability of politicians for the acts of the paramilitaries. A reparations and reconciliation commission has been functioning over the last few years but has not fared well. It was hoped that the Justice and Peace law would form a model for other fighting factions in Colombia but this remains to be seen. In the meantime, the International Criminal Court is a sceptre that hangs over the prosecutions in Colombia, and many wonder whether in due course the Prosecutor will choose to open an investigation there.
In all, both of these examples may offer rich and valuable lessons for the peace and justice debate in terms of their origins; how justice options were perceived by victim groups; issues of reparations; the complexities or unanticipated consequences of prosecutions; the role of truth seeking; and wider questions of demobilization and reform of the security sector; and finally the interplay between the various stakeholders and wielders of power. This workshop will explore these lessons.
Workshop responsible:
International Centre for Transitional Justice (ICTJ)