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These documents discuss restorative justice in Africa. They appear in the order in which they were added to the site with the most recent appearing first.

Omale, Don John. 2009. Challenging Crime and Criminal Justice Systems in Africa: Towards Restoration of Afrocentric Justice.
On the 8th of October 2009, I was privileged to be invited to a ‘think tank’ international seminar held in Abuja-Nigeria on ‘Crime and Criminal Justice Systems in Africa-Enhancing Human Security’ organised by the African Human Security Initiative Secretariat, the Institute for Security Studies and the West Africa Network for Peace building (WANEP)-Nigeria. The seminar organised by a network of African organisations working on peace, security and conflict created an opportunity aimed at influencing reforms in the criminal justice systems in Africa. It also serves as a dialogue forum for drawing attention to the effects of crime and defective criminal justice systems on the sustainability of the democratic and developmental process of Africa. Recommendations from the seminar also aim to complement the formal National Economic Partnership for African Development (NEPAD)-Africa Peer Review Mechanism (APRM) process. (excerpt)
Grassroots Reconciliation in Sierra Leone
Since the end of its civil war, Sierra Leone has faced many challenges as ex-combatants and their victims return to their communities, often living side-by-side. Official mechanisms such as the Truth and Reconciliation Commission and the U.N. backed tribunals have had limited impact for those living in rural communities who suffered the most from the war. In response, the non-governmental, human rights organization Forum of Conscience has begun to revive traditional conflict resolution measures to bring victims and ex-combatants together in reconciliation ceremonies.
Grassroots Reconciliation in Sierra Leone
Since the end of its civil war, Sierra Leone has faced many challenges as ex-combatants and their victims return to their communities, often living side-by-side. Official mechanisms such as the Truth and Reconciliation Commission and the U.N. backed tribunals have had limited impact for those living in rural communities who suffered the most from the war. In response, the non-governmental, human rights organization Forum of Conscience has begun to revive traditional conflict resolution measures to bring victims and ex-combatants together in reconciliation ceremonies.
Lesotho Explores Restorative Justice in Draft Bill
The Attorney General’s office of Lesotho is reviewing the draft Children’s Protection and Welfare Bill (CPWB) that will be debated when parliament resumes session. Addressing all aspects of the treatment and protection of children, the bill includes an extensive section on restorative justice and diversion for children in conflict with the law.
Lesotho Explores Restorative Justice in Draft Bill
The Attorney General’s office of Lesotho is reviewing the draft Children’s Protection and Welfare Bill (CPWB) that will be debated when parliament resumes session. Addressing all aspects of the treatment and protection of children, the bill includes an extensive section on restorative justice and diversion for children in conflict with the law.
Frank, Cheryl and Ann Skelton. 2007.Practice Standards for Restorative Justice: A Practitioner’s Toolkit.
This Toolkit presents a set of “Practice Standards for Restorative Justice”, and consists of a set of tools to guide their usage. The intended purpose of these standards is to guide the implementation of restorative justice programmes and processes linked to the criminal justice system. The standards presented here were developed from a review of literature in the field of restorative justice, and consultations with stakeholders in this field. They are specifically derived from a range of restorative justice values and principles ... (excerpt)
Court Ruling Upholds Principles of Restorative Justice, Overturns Shaming Sanction
In January, a ruling from the High Court of South Africa (Eastern Cape Division) set aside a lower court ruling requiring a defendant convicted of six counts of fraud to publicly wear a placard announcing her guilt and asking her victims for forgiveness. In setting aside this one aspect of the sentence, the High Court referenced both the unconstitutionality of the sanction and its departure from the principles of restorative justice.
Court Ruling Upholds Principles of Restorative Justice, Overturns Shaming Sanction
In January, a ruling from the High Court of South Africa (Eastern Cape Division) set aside a lower court ruling requiring a defendant convicted of six counts of fraud to publicly wear a placard announcing her guilt and asking her victims for forgiveness. In setting aside this one aspect of the sentence, the High Court referenced both the unconstitutionality of the sanction and its departure from the principles of restorative justice.
Making Sense of North American and South African Differences in the Practice of Restorative Justice
Cultural realities in North America and South Africa influence the way practice is undertaken. In this article, Susan Sharpe and George Lai Thom explore how those differences impact the practice of victim offender mediation in those two contexts.
Organizing Ex-Combatants for Peace in Mozambique
As violent civil conflicts end, ex-combatants are sometimes treated as a risk to social peace and stability. Yet, as one organization in Mozambique demonstrates, ex-combatants can be key players in the peacebuilding process, promoting peace and reconciliation, and mediating peaceful solutions to conflicts.
Ridell, Jennifer. Addressing Crimes Against International Law: Rwanda’s Gacaca in Practice
Rwanda experienced horrific genocide in 1994. In its aftermath, national and international trials were established but these trials failed to deal expeditiously with the large numbers of suspects awaiting trial. To combat this, Rwanda introduced an innovative participative justice mechanism, Gacaca. Modern Gacaca is based on a traditional Rwandan restorative justice mechanism of the same name. Its rooting in Rwanda's history makes Gacaca a much more acceptable form of justice to the Rwandan people than international trials given the international community's abandonment of Rwanda during the genocide. While Gacaca falls short of many international fair trial standards it remains Rwanda’s best hope as a wholly Rwandan process. But, Gacaca is more than just a judicial instrument, it has restorative justice at its origin and seeks, as its ultimate aim, to reconcile Rwanda’s divided communities. To reach this aim, Gacaca has several other objectives including discovering the truth of what happened in 1994, ending impunity which has plagued Rwanda since independence and allowing the Rwandan population to participate in the search for justice at a local level. This thesis studies the importance of these aims to Gacaca and whether the Gacaca courts are meeting their optimistic objectives in order to evaluate whether Gacaca is succeeding in Rwanda. Research was conducted through interviews throughout Rwanda and much civil society research was studied as well as material discussing the objectives from a more conceptual perspective. Gacaca's potential is outstanding and its objectives all play a very important role which, if met, will secure a much more stable future for Rwanda. In practice, however, these objectives are not being met. The population is not actively participating in the trials thus the truth is not aired. Moreover, the perception of victor's justice hampers the ability of Gacaca to end impunity in Rwanda.
Truth and Reconciliation Commission of Liberia. The Virginia Declaration: A Call For a Way Forward to a New Liberia through Reconciliation and Justice
A document set forth during the Liberian National Truth and Reconciliation process declaring the real and present qualities of the tragedies that the country has endured during its recent times of civil war. It also cals upon the government and people to address reparatively all human rights violations perpetrated against victims during that bloody time and proposes political changes ostensibly geared towards reducing civil instability.
Kashyap, Rina. Narrative and truth: a feminist critique of the South African Truth and Reconciliation Commission.
Prior to the establishment of the South African Truth and Reconciliation Commission (TRC), 'gender was seldom explicitly invoked as a lens into human rights abuse or an organizing principle for the commission's work' (Nesiah et al., 2006, p. 3). In this respect the TRC is a trailblazer, as subsequent truth commissions in other countries have been inspired to incorporate the gender component. The study of the TRC, however, is relatively under-theorized from the feminist perspective. This article argues that the feminist perspective offers a nuanced scrutiny of narrative and truth, two major themes of the TRC. The feminist inquiry helps resurrect 'listening', as a crucial component of narratives. In addition, the value of the feminist perspective lies in its ability to throw light on the experience of both women and men and to create an argument and language for the articulation of the needs of the powerless and dispossessed in society. A feminist critique of truth and reconciliation commissions has the potential to make the transitional justice mechanism more inclusive and democratic. (excerpt)
Thomson, Susan and Nagy, Rosemary. Law, power and justice: What legalism fails to address in the functioning of Rwanda's Gacaca courts.
In this article, we untangle the relationships among law, power and justice as they impact on the lives of ordinary Rwandans brought into contact with the state and local officials through the gacaca process. Drawing on 37 life-history interviews conducted in 2006, we find that gacaca reinforces a particular version of postgenocide justice that renders the average Rwandan citizen largely powerless over individual processes of reconciliation while serving to maintain a climate of fear and insecurity in their everyday lives. Locating the Rwandan case more broadly, we caution that a preoccupation with harmonizing traditional justice with international standards must look beyond forms of legality. While gacaca may be legally acceptable in a harmonized way, it is both a product and a producer of relations of state power that operate to impact negatively on conflict-affected individuals who bear the brunt of government-led initiatives to promote justice and reconciliation. (author's abstract)
. Watching a bargain unravel? A panel study of victims' attitudes about transitional justice in Cape Town, South Africa.
Despite the extended nature of many transitional justice processes, collection of relevant longitudinal primary data, especially at an individual level, is rarely observed as a means of assessing the impact of formal measures. This article reports on a panel survey conducted in 2002–2003 and 2008 with 153 victims of apartheid-era violations from Cape Town, South Africa. During the interval between the two waves of the survey, both undertaken after the Truth and Reconciliation Commission (TRC) completed its work, government policies concerning reparations, prosecutions and pardons undermined the compromises that were central to the TRC process and integral to the democratic transition. The data analysis shows that approval of the unique conditional amnesty offered by the TRC was at first surprisingly high, with many respondents acknowledging its practical rationale, but it fell dramatically by 2008. This decline in support is associated with an increased sense of the unfairness of amnesty and dissatisfaction with the extent of truth recovery. Knowledge of and attitudes about prosecutions and pardons do not appear to be contributing factors, though the results indicate a greater desire for accountability, even at the risk of instability. The findings emphasize the need for rigorous, ongoing evaluation of transitional justice processes to appreciate properly the complex and dynamic nature of individual attitudes and the influence of emergent events. (author's abstract)
Penal Reform International. Rapport de monitoring et de recherche sur la Gacaca: Les témoignages et la preuve devant les juridictions Gacaca
This latest report from the gacaca monitoring project deals with the issues surrounding testimony, evidence-giving and proof in the gacaca courts. In effect, the whole gacaca justice system relies on witness statements and oral accounts of events – accounts which can be distorted by the passing of time, corrupted by the desire for retribution or curtailed for the sake of expediency. This report looks in detail at the difficulties which have arisen in uncovering the ‘truth’ of the genocide and the effect the gacaca testimonies continue to have on those seeking justice and reconciliation. (publisher's abstract)
Penal Reform International. Le travail d'interet general: une alternative à l’incarcération
This leaflet explains community service and outlines its introduction as an alternative to custody in Zimbabwe. (author's abstract)
Penal Reform International. Community service as an alternative to custody
This leaflet explains community service and outlines its introduction as an alternative to custody in Zimbabwe. (publisher's abstract)
Ward, Catherine L. "It Feels Like It's the End of the World:" Cape Town's Youth Talk About Gangs and Community Violence
The Institute for Security Studies (ISS) subcontracted the Human Sciences Research Council (HSRC) to undertake a child participation study on children’s involvement in violence, particularly that relating to gangs and other kinds of organised armed violence in the Cape Town metropole. Focus group discussions were to provide an avenue for exploring children’s experiences of living in an environment with high levels of gang activity, their views of why children join gangs, and their views about how children’s engagement in gangs may be prevented and reduced... The monograph begins with a description of the methodology, followed by an analysis of the children’s responses (including their recommendations for prevention and intervention). These responses are then discussed within the context of key literature on child development and delinquency. (excerpt)
. Justice and reconciliation in Rwanda: What role for civil society?
Civil society was not really involved in the design of TJ mechanisms in Rwanda. NURC was already planned by the Arusha Agreement in 1993; it thus did not appear necessary to the government to discuss this issue with civil society. The creation of gacaca was not the result of an open dialogue either. Discussions were limited to a small committee of “wise men”. Civil society only became involved at the beginning of the functioning of the gacaca, either to reach out to the population or to protest against some aspects of the institution. It did, however, play an important part in the follow-up of gacaca trials, including through monitoring programs or advocacy, making sure of their fairness and efficiency. Greater attention has been given to gacaca now that its closing is imminent10. If the formula seems like a lesser evil given material constraints, it has been presented as an “emergency solution”11, which is sometimes qualified as an “insult to human rights”12. To many observers, the absence of real lawyers in the defense of the accused and the lack of competence and professionalism of the judges do not guarantee a fair trial. (excerpt)
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