Seeking ‘Truth’ After Devastating, Multi-Layered Conflict

Author(s):  
Owiso Owiso

Abstract In August 2015, the Government of South Sudan and other parties to the country’s civil conflict signed a peace agreement, the Agreement on the Resolution of the Conflict in the Republic of South Sudan, aimed at ending the civil conflict that broke out on 15 December 2013. After this agreement failed to hold, South Sudan descended into a second wave of civil conflict. A recommitment to the agreement was secured through regional efforts on 12 September 2018. Dubbed the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan, the agreement provides a transitional justice architecture which includes a truth commission, a hybrid court and a reparations authority. This paper examines the potential of the proposed Commission for Truth, Reconciliation and Healing to contribute towards sustainable transitional justice solutions in South Sudan, based on contemporary standards and practice of transitional justice. Through historical, descriptive and analytical approaches, the paper grapples with South Sudan’s complex truth-seeking journey following years of multi-layered conflict.

2021 ◽  
pp. 175069802199599
Author(s):  
Natália Bueno

Even though scholars have made substantial contributions in connecting the fields of transitional justice and memory studies, important questions remain unanswered. The question of sequencing is one of them. How does a certain TJ mechanism condition the implementation of subsequent mechanisms and how together they shape memory narratives in a given society? This article builds on the case of Mozambique. Soon after the signing of the General Peace Agreement in 1992, the Frelimo-led government approved Amnesty Law 15/92 and with it, the past was to be left in the past. Such a choice was different from the one taken by Samora Machel—Mozambique’s first president—between 1975 and 1982. By promoting a quasi-truth commission, Machel revisited Mozambique’s colonial past and brought comprometidos’ actions into the open. This article finds that whether the government opened up about the past or sought to leave it behind, the result has been the same: the celebratory reproduction of the liberation war narrative. Resorting to path dependence and critical junctures, this study explains the ways in which such a narrative has become hegemonic throughout the last four decades.


2015 ◽  
Vol 54 (5) ◽  
pp. 945-954
Author(s):  
Laura Nyantung Beny

In December 2013, civil conflict erupted between the Government of the Republic of South Sudan and opposition forces due to political infighting among the country’s political and military elites. On March 3, 2015, the United Nations Security Council (UNSC) adopted Resolution 2206 pursuant to its powers under Article 41 of Chapter VII of the Charter of the United Nations. Resolution 2206 provides for targeted sanctions against specific individuals and entities deemed “responsible for or complicit in, or [as] having engaged in, directly or indirectly, actions or policies that threaten the peace, security or stability of South Sudan.” The stated purpose of the targeted sanctions, which consist of a travel ban and asset freeze for designated individuals and entities, is to “support the search for an inclusive and sustainable peace in South Sudan.”


1994 ◽  
Vol 9 (1) ◽  
pp. 71-72 ◽  
Author(s):  
Irakli T. Metreveli ◽  
Arno Vosk

The Civil War in GeorgiaOn 9 April 1991, the Republic of Georgia proclaimed its independence from the Soviet Union. Sviat Gamsakhurdia, an anti-communist leader of the Georgian Nationalist movement, was elected President by an overwhelming majority. Soon after the election, however, Gamsakhurdia's popularity began to plummet. He was accused of suppressing any opposition, and he and his supporters accused the opposition of being in league with Moscow and seeking to sabotage Georgian independence. Demonstrators in Tbilisi, the capital city, demanded the resignation of the new government, and the government relied increasingly upon armed forces to maintain power.


Significance South Sudan is facing severe conflict and insecurity, a prolonged political crisis, and dire economic conditions. A peace agreement signed in August 2015 is falling apart, and fighting and violence during the past year has caused the number of South Sudanese refugees in Uganda to rise to 900,000 -- with a further 375,000 in Sudan and 287,000 in Ethiopia. Earlier this year, aid agencies declared a famine situation in several counties, and appealed for more humanitarian aid and improved access. Impacts Oil output is likely to remain at, or near, 130,000-160,000 barrels per day. Juba’s fiscal situation will remain precarious, with the government unable to secure loans from donors. Unrest and limited strikes over salary arrears could increase.


2019 ◽  
Vol 1 (1) ◽  
pp. 33-51
Author(s):  
M. Ya'kub Aiyub Kadir

This paper is a reflection of the peace agreement between the Free Aceh Movement and the Government of Indonesia from 2005 to 2018. There have been improvement after a decade but there are still challenges that must be realized. The Helsinki Memorandum of Understanding (known as Helsinky peace agreement) on 15 August 2005 resulted a consensus that Aceh could have greater rights than before, as stipulated in the Law on Governing Aceh number 11/2006. Thus, Aceh has more authorities to redefine the political, economic, social and cultural status in the Republic of Indonesia system. This paper attempts to analyze this problem through a historical description of the movement of the Acehnese people, in the hope of contributing to increasing understanding of the concept of the Helsinki peace agreement in the context of sustainable peace and welfare improvement for the people of Aceh


2011 ◽  
Vol 32 (1) ◽  
pp. 37-72
Author(s):  
Cristina Jayme Montiel ◽  
Judith M. de Guzman

Using social representations theory, we studied the social meanings of a controversial Memorandum of Agreement (MOA) between the Government of the Republic of the Philippines and the Moro Islamic Liberation Front. In Study One, we describe the discursive content of the social debate by content analyzing articles from newspapers and selected websites. Study Two uses a survey to examine the fit between social representations of the political elite, as found in media, and the nonelite in Mindanao territories where the MOA was hotly contested. Study Three presents the social representations of the MOA at the local level through analysis of key informant interviews and archival data. Discriminant analysis on survey data shows that in general, the debate of political elites in media mirrors the contentions on-the-ground. However, the issue of constitutionality was only taken up by the political elite. Our findings suggest that the political stumble of the GRP-MILF peace process lay in a lack of procedural fairness and an on-the-ground participatory process acceptable to all antagonistic parties. However, the socially represented fair procedure is not about conventional democratic ways like using or not using a constitutional frame, but rather about pragmatic positioning and public consultations.


2018 ◽  
Vol 63 (5) ◽  
pp. 1165-1192 ◽  
Author(s):  
Nam Kyu Kim ◽  
Mi Hwa Hong

Why do some states pursue transitional justice (TJ) in the immediate aftermath of armed conflict while others do not? What drives a state to select a particular type of justice mechanism over another? Building on the political explanations of TJ, we argue that postconflict justice (PCJ) decisions are driven by the interests and power of political elites shaped by recently ended conflicts. Our empirical analysis shows that conflict outcomes and their subsequent impact on the balance of power between the government and rebel groups are the most important determinants of PCJ decisions. Domestic trials are most likely to emerge out of a decisive, one-sided victory while truth commissions and reparations are most likely to occur after a negotiated settlement. We also find that conflict severity interacts with conflict outcomes to affect PCJ decisions.


2015 ◽  
Vol 47 (4) ◽  
pp. 869-892 ◽  
Author(s):  
Madhav Joshi ◽  
Jason Michael Quinn

The signing of a comprehensive peace agreement (CPA) is often seen as a historic milestone in a peace process, and its implementation takes a highly legitimized set of reforms and puts it front and center in national politics. This article examines the aggregate implementation of CPAs signed since 1989 and future conflict behavior between the negotiating parties and between the government and non-signatory groups. It argues that implementation is both a peace-building process and an outcome that normalizes political relations between hostile groups, solves commitment problems and addresses the root causes of civil conflict. Statistical tests utilizing new data on the implementation of CPAs support the argument. The extent to which an agreement is implemented is shown to have significant long-term effects on how long peace lasts – an effect that applies not only to the signatories of the agreement, but also to the government and non-signatory groups.


2008 ◽  
Vol 8 (3) ◽  
pp. 557-587 ◽  
Author(s):  
Peter Burbidge

AbstractThe Colombian Parliament's Justice and Peace law of 2005, introduced by the government of President Alvaro Uribe, allows members of armed groups involved in Colombia's 40-year old conflict to re-enter civilian life by paying an alternative penalty of 5-8 years' prison, even where their crimes concern mass-murder. The process is conditional on a full confession and the proper recompense for the victims. The Law however benefits primarily the pro-state paramilitaries, as the left-wing guerrilla groups have yet to make peace, and has thus been described as a transitional justice system without the transition. This article considers the provisions of the 2005 law against the background of the Constitutional Court's 2006 decision on its validity and the requirements of international criminal law and human rights law. It considers whether it satisfies the requirements of the International Criminal Court, which has jurisdiction over Colombia's conflict but with an opt-out till 2009 for war-crimes. Will the process resolve the problem of Colombia's "impunity" – the failure to prosecute paramilitary crimes - which has been condemned by the Inter-American Court of Human Rights? In conclusion it compares the process to other transitional justice systems in South Africa and Northern Ireland.


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