A Comparative Study of Transitional Justice: Learning from the Experiences of African Countries

Abstract

Since the end of the Cold War, democratic governance gradually has increased in most African countries with the end of one-party systems, the organization of multiparty elections, and a general opening of the political space. Despite ongoing crises in the Central African Republic, the Democratic Republic of Congo, Somalia, South Sudan, and the Sudan, violent conflicts in Africa have decreased by half in the 2000s, compared to the mid-1990s.1 These positive developments were facilitated by the adoption of comprehensive continental and subregional peace and security, as well as governance frameworks, which contribute to strengthening African countries’ commitment to sustainable peace as well as principles of human rights and the rule of law. As part of these efforts, transitional justice processes illustrate African countries’ efforts to address past human rights violations while moving toward more peaceful and democratic societies. The United Nations defines transitional justice as “the full range of processes and mechanisms associated with a society’s attempt to come to terms with a legacy of large-scale past abuses, in order to ensure accountability, serve justice and achieve reconciliation.”2 In Africa, transitional justice processes have been proposed or implemented in approximately twenty countries that made use of transitional justice mechanisms in various instances: to transition from war to peace; from authoritarian rule to democracy; but also in the absence of clear transition from a particular conflict situation and undemocratic rule to peace and democracy.