Popular participation is far more than an add-on to individual transitional justice measures; participation defines a whole transitional justice process. Instead of asking how to make a measure that has already been designed or is being implemented more participatory, this project examines how to mainstream participation, so it is at the core of transitional justice from start to finish, including across multiple measures and in the long term, and key to the agendas of multilateral, state and civil society actors supporting the process.
The African Union Transitional Justice Policy defines transitional justice as "the various (formal and traditional or non-formal) policy measures and institutional mechanisms that societies, through an inclusive consultative process, adopt in order to overcome past violations, divisions and inequalities and to create conditions for both security and democratic and socio-economic transformation."
The policy emphasises that transitional justice consists not only of "formal" or state-led measures but also of "non-formal" or civil society-led measures. It also provides for "an inclusive consultative process" and popular participation in all stages of transitional justice.
Building on the policy's guidance, this project explores ways to ensure meaningful participation in transitional justice in Africa, which demands the involvement of victims and survivors, affected communities and the broader population in the planning, design, implementation and follow-up of multiple measures in ways that enable their agency over the goals, form and outcomes of those measures. When populations have the opportunity, access and resources to help develop transitional justice in their countries, the process has more popular buy-in, which means it is more effective and sustainable.
Our findings indicate that the most direct route to meaningful participation is to build on what is already there. Multilateral, state and civil society actors benefit from identifying existing processes and practices that are known and trusted by local populations, instead of creating them from scratch or importing measures used in other countries. These processes and the people who implement them offer knowledge, networks, resources and avenues of participation than can be enhanced for a more contextualised and inclusive transitional justice.
Local civil society is a crucial actor in both formal and non-formal measures, as it drives most existing processes and practices on the ground. While the term "civil society" is usually associated with human rights nongovernmental organisations, it in fact covers a broad range of actors, including community-based organisations, religious and traditional authorities and groups, professional associations, women's groups, student formations, victim/survivor groups, businesspeople, collectives of ordinary citizens, and others, depending on the country.
Regarding formal measures such as truth commissions, prosecutions, reparations and institutional reforms, different types of civil society can help mainstream participation through their extensive networks and activities on the ground. They localise transitional justice, making sure it resonates with local needs and understandings of justice. They also decentralise transitional justice, developing local solutions together with affected individuals and communities to ensure the process is accessible to a broad and representative range of participants.
Regarding non-formal measures, such as traditional conflict resolution mechanisms, community dialogues, storytelling and memory activities, and educational initiatives, civil society actors have in-depth knowledge of longstanding processes and practices that can strengthen transitional justice and participation in it. By acknowledging such measures as a legitimate form of transitional justice in themselves, multilateral, state and civil society actors can support a transitional justice process that is not one-size-fits-all, but innovative in being more contextually relevant by design. Importantly, by creating links between formal and non-formal measures, these actors can enable a representative process, grounded in popular participation.
Funded by the United States Institute of Peace under the title "From Partnership to Participation: Multilateral Engagements with Transitional Justice in Africa," this project is led by the Centre for the Study of Violence and Reconciliation, South Africa, with local partners Somali Public Agenda, Somalia, and Women in Liberation and Leadership, The Gambia.
In addition to an extensive literature review, this project draws on extensive fieldwork with victims/survivors, multilateral actors, government representatives, transitional justice practitioners and civil society representatives in The Gambia and Somalia, as well as interviews with representatives of international and regional institutions, state donor bodies, private foundations and international nongovernmental organisations supporting transitional justice in Africa.
The resulting publications present the research findings and provide actionable recommendations on how to enable meaningful participation in transitional justice, which are useful for multilateral, state and civil society actors working in the field in Africa broadly and in Somalia and The Gambia specifically. The publications include research reports, a guidance paper, and policy briefs in multiple languages. They are available in printable format on request.
Project Manager
Senior Research Specialist, Centre for the Study of Violence and Reconciliation
Researcher, Somali Public Agenda
Founder and Director, Women in Liberation and Leadership
Programme Manager, Women in Liberation and Leadership
Senior Research Fellow, Centre for Applied Human Rights, University of York