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AFRICAN UNION TRANSITIONAL JUSTICE POLICY IMPLEMENTATION GUIDANCE: THE GAMBIA

Imran Darboe — Wed, 30 Apr 2025 09:05:35 +0000

The Gambia is making significant strides in its transitional justice process following the successful completion of the Truth, Reconciliation and Reparations Commission (TRRC). With a dedicated post-TRRC Unit established within the Ministry of Justice, the government is actively working to implement the TRRC's recommendations, laying a solid foundation for justice and reconciliation. Although challenges remain, there is a strong commitment to fostering social cohesion and addressing the needs of victims through reparations and institutional reforms. By aligning its efforts with the African Union Transitional Justice Policy, The Gambia has the potential to emerge as a model for effective transitional justice in Africa, paving the way for a more equitable and democratic future.

801051 CSVR GIZ-APSA AUTJP The Gambia Policy Brief

AFRICAN UNION TRANSITIONAL JUSTICE POLICY IMPLEMENTATION GUIDANCE: SOUTH SUDAN

Christopher Gitari — Fri, 25 Apr 2025 12:16:28 +0000

The policy brief discusses the ongoing challenges in South Sudan following conflicts in 2013 and 2016, highlighting severe human rights violations and a humanitarian crisis. It emphasizes the importance of implementing the Revitalized Agreement on the Resolution of the Conflict in South Sudan (R-ARCSS) and the African Union Transitional Justice Policy (AUTJP) to establish transitional justice mechanisms aimed at accountability, reconciliation, and healing. The paper outlines key elements such as truth commissions, reparations, and the inclusion of marginalized groups, and calls for comprehensive strategies to ensure effective participation in the transitional justice process, ultimately aiming for sustainable peace and recovery in South Sudan.

801039 CSVR AUTJP PP South Sudan WEB

AFRICAN UNION TRANSITIONAL JUSTICE POLICY IMPLEMENTATION GUIDANCE: LESOTHO

Prof. Khabele Matlosa — Fri, 25 Apr 2025 11:29:48 +0000

The policy brief highlights the persistent violence in Lesotho since its independence in 1966, which has severely impacted democratic governance, human rights, and socio-economic development. It emphasizes the need for a cultural shift towards peace through the implementation of the African Union Transitional Justice Policy (AUTJP) to promote justice, reconciliation, and social cohesion. The paper outlines the historical context of Lesotho's conflicts, identifies key phases of violence linked to governance failures, and provides recommendations for establishing transitional justice mechanisms to address past human rights violations and foster national healing. Ultimately, it calls for collaboration among stakeholders to develop a comprehensive transitional justice framework that includes marginalized groups and ensures accountability and stability.

801001 CSVR AUTJP implementation Lesotho WEB

Corporate Remedy And Accountability A Decade After The Marikana Massacre

Hugo van der Merwe — Fri, 19 Aug 2022 10:35:53 +0000

Today, 16 August 2022, marks the 10th anniversary of one of the deadliest episodes of violence in South Africa since the end of the Apartheid in 1994: the Marikana Massacre. In the early days of August 2012, workers of Lonmin Plc, a platinum mining company, staged an unprotected strike to demand a salary increase and protest against their poor living and working conditions. The mine did not provide adequate housing and many lived in informal settlements with no basic services. As the days passed, tensions escalated and 10 people were killed in clashes between the striking and non-striking workers, security guards and the police. Eventually, on the afternoon of 16 August, with no prior warning and no violence in the preceding 24 hours, the police opened fire with live ammunition on a crowd of hundreds of workers who had gathered on a small hill near the mine. Thirty-four miners were killed and 78 were injured.

An inquiry commissioned by the state established the company did not provide "sufficient safeguards and measures to ensure the safety of its employees" and that its "failure to deliver on its housing obligations created an environment conducive to the creation of tension". Furthermore, it "did not use its best endeavours to resolve a dispute", and had urged the state to respond to the protests as a criminal issue, rather than a labour issue. The company aggressively lobbied the state to, in the words of its CEO, "bring the full might of the state to bear on the situation". The current president of South Africa, Cyril Ramaphosa—then board member and shareholder at Lonmin—pressed for "concomitant action" against the "criminal" protesters.

The UN Guiding Principles on Business and Human Rights (UNGPs) establish that companies, as part of their responsibility to respect human rights, should provide for or cooperate in the remediation of adverse impacts which they have caused or contributed to. Since 2012, Lonmin and its successor Sibanye-Stillwater have undertaken various initiatives to support the families of the 44 deceased. These initiatives included the provision of houses for widows, the establishment of a trust fund to support the education of orphaned children, and the provision of employment to relatives of those killed. The company also engaged in annual commemorations and constructed a memorial wall within company facilities bearing the names of the 44 victims.

Although these initiatives have provided some relief to victims, they have resulted in disputes, as well as re-victimisation for some. Promised houses were systematically delayed; policy to assign them was unclear, and many were built in places where families did not want to live. Others insisted the provision of employment was not acceptable as "even the work they gave us, we use our strength". The "Wall of Remembrance" was also controversial due to its form and location in an area where victims and their families could not freely access

This Op-Ed was originally published by Business & Human Rights Resource Centre.

Corporate Accountability and Transitional Justice in Africa Webinar

CSVR — Thu, 30 Jun 2022 18:52:02 +0000

During transitions to peace and democracy across various African countries, measures have been introduced to hold perpetrators accountable and provide reparations to victims. Corporate accountability and redress for corporate victims have however been a missing piece in this puzzle. This webinar will explore some of the systems and mechanisms that have been put in place or which are under development to strengthen such avenues of accountability and redress, ranging from the international and regional to the local. What have they delivered and what hope do they hold for justice?

Date: 7 July

Time: 10:00 – 12:00

Welcome: Lloyd Kuveya (University of Pretoria – Centre for Human Rights)

Chair: Annah Moyo (Centre for the Study of Violence and Reconciliation)

Presenters:

Solomon Dersso (ACHPR) The Role of the African Commission for Human and Peoples' Rights in Corporate Accountability

John Ikubaje (AU) The Role of the AUTJP and AU B&HR Policy

Yolandi Meyer (African Coalition for Corporate Accountability) UN Guidelines and binding instrument

Hugo van der Merwe (CSVR) Litigation through national and foreign courts

Please register in advance at: https://zoom.us/webinar/register/WN_VIxqYKbTSXC3QycHmD9ALQ

Reparations and Memory for the Marikana Massacre after 10 Years

CSVR — Mon, 27 Jun 2022 14:04:51 +0000

Ten years have passed since the Marikana Massacre on 16 August 2022. Yet we are still not close to securing full reparations for victims. The process of civil claims, prosecutions, and support services has been piecemeal and often insensitive to the needs of victims. CSVR and the Institute for Business Ethics University of St Gallen will share findings from their research on the progress and the gaps in achieving redress and justice for victims of Marikana, with recommendations for a more comprehensive and integrated approach for the way forward.

Chair:

Tsholofelo Nakedi

Presenters:

Malose Langa (CSVR) Reparations progress and gaps

Nomzamo Zondo (SERI) The battle for civil and criminal accountability

Jordi Gabriel-Vives (University of St. Gallen) Human rights responsibilities of the state and the mining company

Hugo van der Merwe (CSVR) A comprehensive and integrated approach to address reparations

https://us06web.zoom.us/webinar/register/WN_boMy5b3NT7qSoKlYWkzGxw

After registering, you will receive a confirmation email containing information about joining the webinar.