In the book chapter Justice and Reconciliation in Africa: The Emergence of the African Union Transitional Justice Policy, Tim Murithi, a renowned scholar of African Studies, examines Africa’s innovation and experimentation in transitional justice and provides a comprehensive overview of its evolution and introduction on the continent. It also examines the United Nations’ engagement with transitional justice in Africa, focusing on its approaches, practices, and the challenges in promoting justice and reconciliation. The chapter further sets out various innovative African approaches to justice and reconciliation such as the sequencing approach, the amnesty approach, the cultural approach and the cross-border approach while also briefly highlighting phases that led to the adoption of the African Union Transitional Justice Policy.
The author’s main argument regarding the fact that Africa has played a leading role in the transformation, innovation and global diffusion of justice and reconciliation ideas, practices and norms is persuasive. This is particularly due to the fact that although transitional justice norms did not originate in Africa, post-conflict realities on the continent have significantly shaped the field, leading to the expansion of its norms and practices. African standards notably focused on restorative and redistributive approaches rather than punitive approaches thereby expanding transitional justice standards in an innovative manner. The author effectively uses experiences from key African countries such as South Africa, Rwanda, Kenya and Sierra Leone and their truth and reconciliation commissions (which was also adopted in other countries) to support his argument.
The Rwanda experiment with the Gacaca court for instance, reaffirmed the need for innovative approaches to justice as it incorporated both traditional grassroots dispute settlement mechanisms and global criminal courts mechanisms to address past violence. He equally analyses various justice and reconciliation approaches and standards used in Africa to demonstrate the continent’s role in transitional justice norm-setting and norm diffusion around the world. More specifically, Murithi notes that countries like Canada, Sri Lanka and Philippines drew insights from Africa’s experience and African truth and reconciliation commissions in their respective processes of promoting a truth recovery procedure. Other authors like Ashley DeMinck have supported this argument by asserting that South Africa was the first country in which a Truth and Reconciliation Commission (TRC), rather than just simply a truth commission was instituted (DeMinck, 2007, p.8). This TRC therefore, expanded the objectives of transitional justice to ensure reconciliation and forgiveness among people and not just truth and accountability.
Despite these innovative approaches, Africa still lacked a coherent continental approach towards transitional justice processes and mechanisms. The adoption of the African Union Transitional Justice Policy by the African Union Assembly of Heads of States and Governments, to my opinion, therefore, strengthens the author’s central argument. This is because the policy did not only consolidate diverse national experiences into a coherent continental framework, but also introduced a number of innovations to transitional justice normative framework globally. It notably broadened transitional justice policies by emphasizing on conciliation, community participation, restitution, healing, and the restoration of broken social and institutional relationships (African Union, 2019, p. 4). It also incorporated the socio-economic (redistributive) dimensions of transitional justice processes (African Union, 2019, p.14), thereby contributing to international discourse, norm setting, and practice.
One can therefore, only agree with the author’s argument on Africa’s contribution to the promotion and institutionalisation of global transitional justice norms. This is largely because in addition to consolidating diverse national experiences into a coherent continental framework, the African Union Transitional Justice Policy responds to ongoing post-conflict recovery needs in regions such as the Horn of Africa and the Great Lakes. By taking into account these contemporary realities, the policy therefore, reinforces transitional justice as a practical toolkit for addressing past and ongoing conflicts in ways that promote justice, reconciliation, and lasting peace.
Moreover, and considering the fact that many African countries are most likely going to continue experiencing series of protracted socio-economic and political conflicts wherein citizens are the direct victims, it is obvious that Africa will continue to innovate, promote and expand transitional justice norms, processes and institutions globally. The continent has had a wide range of experiences when it comes to transitional justice and will continue to be an experimental ground for new and innovative policies aimed at addressing post conflict atrocities and human rights violations as well as for seeking truth, justice, accountability and reconciliation.
Justice and Reconciliation in Africa: The Emergence of The African Union Transitional Justice Policy is therefore, an informative book chapter that explores the depths of Africa’s contribution to the discourse and development of transitional justice norms. It also highlights the continent’s leading role in the production of knowledge on transitional justice practices
particularly through its context-specific, community-driven, and restorative approaches. The author’s use of simple language, easily accessible sources and relatable examples equally makes it easy to understand Africa’s experimentation and home-grown norms and practices of justice and reconciliation. Ultimately, this reinforces the relevance and value of African-led approaches in shaping more inclusive and context-sensitive transitional justice frameworks.
Disclaimer: The views expressed in this Insight reflect the perspectives of the contributor and do not necessarily represent the official position of Institute for Peace and Security Studies.
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Contributed by Cynthia Happi African Solutions Journal (AfSOL) Managing Editor |