La Politique de justice transitionnelle de l'Union africaine (PJTUA) propose une approche globale de la Justice transitionnelle, visant à assurer la justice, la réconciliation, la cohésion sociale, la stabilité et l'édification de la nation. Ce document d'orientation fournit des orientations sur la mise en œuvre des 11 éléments indicatifs de la justice transitionnelle dans la PJTUA et aborde plusieurs questions transversales dans le pays.

While several factors shaped the AU's renewed commitment to mobility, the 2015 European migrant crisis, during which more than 2 000 Africans drowned while crossing the Mediterranean from North Africa, stressed the urgency of developing continental solutions for safe and dignified movement. Equally, the 2017 revelations of slave markets in Libya increased the urgency for Africa to safeguard the dignity and rights of its people within the continent rather than through perilous external routes.

Nearly a decade later, free movement remains uneven and fragmented. The persistence of irregular migration, displacement crises and migrant rights violations reveals that Africa's challenge lies not in the absence of migration and protection policies, but in their multiplicity, inconsistency and limited implementation across AU institutions, Member States and Regional Economic Communities.

For policymakers, this fragmentation presents a serious governance dilemma. Despite progressive frameworks like the Free Movement Protocol (FMP), the Migration Policy Framework for Africa (MPFA) and the African Union Transitional Justice Policy (AUTJP), migration governance and justice mechanisms operate in silos. This disconnect weakens continental efforts to ensure safe and dignified mobility, excludes people on the move from justice avenues, and undermines Africa's own vision of a prosperous and integrated continent.

This policy paper argues that bridging migration governance and transitional justice frameworks can strengthen accountability, enhance protection for people on the move, and advance the AU's goal for a borderless and inclusive continent.

As recognition grows of TJ as a means for social cohesion and sustainable peace, so too should conversations evolve around its compatibility and applicability to different circumstances of peace and security challenges,
specifically within the continent.

This policy paper posits that optimising TJ's effectiveness in combating insurgency requires deeper reflection on both conceptual and practical perspectives. It begins by outlining the nature of insurgency, its drivers, and its impact. It then considers interpretative frameworks, raising critical questions about TJ's theoretical, operational and cultural foundations. These reflections provide an understanding of key elements and tensions influencing how TJ processes are designed and implemented.

Against this backdrop, the penultimate section proposes practical pathways for employing TJ as a counterinsurgency mechanism, highlighting the functionality of the AUTJP. The concluding section recommends that the AU, in collaboration with the Centre for the Study of Violence and Reconciliation (CSVR), develop a practice guide on using the AUTJP as a counterinsurgency mechanism. This initiative would promote further research and dialogue on the nexus between insurgency and TJ.