Explainer: What is Transitional Justice?
Transitional justice endeavours to confront widespread human rights violations in nations undergoing a shift from conflict, authoritarian rule, or suppression toward a state of peace and stability.
Since the early 1990s, the United Nations has defined it as the full range of processes and mechanisms used by a society to address massive past abuses with a view to establishing accountability, providing justice, and enabling reconciliation.1
Traditionally, this legal framework is built on four foundational pillars:
1. THE RIGHT TO KNOW
The first principle of transitional justice is the right to know. Every person has the inalienable right to know the truth about past events relating to the commission of heinous crimes. This principle also carries a “duty to remember,” which involves the public knowledge of the history of oppression and the active preservation of collective memory.2
2. THE RIGHT TO JUSTICE
The second principle is the right to justice. This represents the obligation of states to conduct prompt, thorough, independent, and impartial judicial investigations into violations of human rights and international law. This right also extends to the obligation of states to take adequate measures regarding the perpetrators of these violations.3
3. THE RIGHT TO REPARATION
The third principle is the right to reparation and compensation for victims or their families. This is achieved not only financially but also symbolically, by evaluating the prejudice faced and giving victims and their families the due consideration they deserve.
4. THE RIGHT TO NON-REPETITION
As the fourth principle, the right to non-repetition of serious human rights violations reflects the obligation of states to protect victims from re-victimization.4 This principle focuses on transforming institutions to ensure that the abuses of the past can never happen again.
Transitional justice is based on the consensus that justice is necessary for–not opposed to–peace and stability.5 By addressing the needs and rights of victims, it promotes a process of reconciliation and supports the achievement of the ultimate goals of transition.6
References:
1. UN Security Council, Report S/2004/616.
2. Mendez, J. E., Accountability for Past Abuses (1998).
3. Teitel, R. G., Transitional Justice, Oxford University Press (2000).
4. Rosenthal, R., Updated Set of Principles to Combat Impunity (2005).
5. De Greiff, P., The Handbook of Transitional Justice (2006).
6. Boraine, A., Transitional Justice: A Holistic Interpretation (2006).
Image: Alejandra Ballón Gutiérrez, Mujeres de Anta. Photo: Liz Tasa.