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Key issues to be addressed in the peacebuilding process and conflict transformation
Civil Education Brochure on Peace, the Constitution and Elections
Prepare: Road Center, August 2021
Translaed by moatinoon
The peacebuilding process, as in the previous format, is concerned with development, human rights and democratization. Post-conflict phases have been associated with many positive experiences, particularly in Africa (South Africa, Somalia and Rwanda), linked to justice and justice for war victims, surgeries and traumas of the past, and these actions have been known as transitional justice. d. Zuhair Mohammadi Bashar pointed out that transitional justice was the cornerstone of ensuring democratic transition, sustainable peace and development, because transitional justice, as Dr. Zuhair, included a page on the past and national and political reconciliation that paves the way for agreement on a single national and development programme. So what does transitional justice and reconciliation mean? How have political conventions addressed these issues?
What is transitional justice?
Transitional justice means judicial and non-judicial measures implemented by the State to address gross violations of human rights and international humanitarian law. These measures include prosecutions, truth commissions, reparation programmes and various forms of institutional reform.
And if, in normal circumstances, justice is an essential function of the State. in extraordinary circumstances during which the state of affairs is in a state of transition from repressive to democratic from civil war or armed internal conflicts to comprehensive national peace and reconciliation, Become the most important function within the functions of the State, with the aim of countering violations resulting from repressive practices or previous repressive situations, and removing obstacles to the transition towards peace, democracy and justice.
Hence the concept of transitional justice, which generally focuses on achieving the same objectives as, normally, ordinary justice mechanisms, such as courts, women MPs, police officers and all organs to combat impunity, but has three important advantages that, to some extent, help distinguish transitional justice as a separate area:
The first advantage: focusing on a comprehensive approach to dealing with the legacy of violations. Transitional justice goals and tools go beyond accountability for human rights violations through trials.
Second advantage: The priority of balance and inclusion. Transitional justice does not seek retroactive justice at all costs, or focuses on maintaining peace at the expense of victims right to justice, but instead emphasizes a balance between different and competing goals and the formulation of a rational and just policy.
Third advantage: Focus on a victim-centred approach to dealing with a violent past both in its course and its consequences. The legitimacy of transitional justice mechanisms can be greatly measured by the extent to which victims object or support them
It must be noted that transitional justice is based on a philosophy and approach that is not based on vendetta and vengeance, but rather seeks to address and resolve between perpetrators and abuses on the one hand and victims on the other in an attempt to rebuild a society that is inclusive, based on peaceful coexistence, respect for human rights and the rule of law and towards the peaceful transition of democracy.
Transitional justice objectives: transitional justice aims to end the culture of impunity, establish the rule of law, democracy and protect human rights by halting human rights violations human rights violations , investigating past crimes, identifying those responsible for human rights violations impose penalties on those responsible, compensate victims, prevent future abuses to maintain and promote peace and promote individual and national reconciliation by realizing the right, Giving victims an opportunity and holding perpetrators accountable; determining the rule of law; compensating victims to address and heal wounds, institutional reform, promote reconciliation, promote a culture of peaceful dialogue and establish the principle of recognition and request for amnesty.
Elements of transitional justice: Many peace experts believe that the demand for criminal justice through transitional justice is not absolute. Rather, it must achieve peace, democracy, equitable development and the rule of law while noting formal and societal constraints affecting economic, political and social conditions. Therefore, transitional justice focuses on trials - truth-finding, compensation - institutional reform - commemorating what has been done in the past with the intention of not repeating it. Promoting coexistence and sustainable peace.
Peace workers therefore differentiate between two types of transitional justice, penal or criminal justice (Punitive Justice), represented by Rwandas blends and the criminal courts held in Arusha, Tanzania, after the countrys genocide. The type is Restorative Justice, represented by South Africas blends and truth and reconciliation committees.
Reconciliation: Reconciliation is closely linked to transitional justice, a modern terminology in peace and conflict studies. The traditional concept of reconciliation has been to turn a page on the past, pardon and forget. However, that meaning was inadequate, since it did not include the truth of accountability, justice and recognition of past crimes. Moreover, too much of that concept might lead to failure. The term reconciliation contains four essential elements: truth, justice, compassion and peace.
In recent years, reconciliation has become an approach to conflict resolution and has become involved in conflict resolution processes and has been used by experts and professionals using a number of techniques to practice reconciliation processes, most notably South Africas experience of truth and reconciliation. Reconciliation must address issues of mutual fear, mistrust between the parties, anger and building bridges of trust between the parties.
Restorative justice: It is a process in which all those affected by crimes or a society in which perpetrators and victims are brought together and is dealt with collectively through a method and means of addressing mistakes with an emphasis on healing wounds and rebuilding relationships. Restorative justice therefore focuses not on punishment for crimes but on actions that lead to repairing harm.
One of the most important steps of reconciliation is (overcoming the sense of adultery):
Prayer and spiritual meditation.
Tell the tales.
Passionate engagement by listening to each others diamonds.
Uphold ethical principles.
Timing
Methods of reconciliation: apologies, forgiveness, prosecution, punishment or pardon under certain conditions.
Why reconciliation is important? Reconciliation is necessary to begin building bridges of trust between the parties and leading men and women members of society to change the way they think according to history between adversaries and can be a long and arduous process. Despite the peace agreements and the parties agreement to cease fighting, this does little for the parties and to reach a stable peace by dealing primarily with the issues that led to the conflict in a way that satisfies all. Without reconciliation, there is no stability and this can be observed in many States. Reconciliation can be done according to individuals and not imposed on them, but must ultimately decide for themselves.
Sustainable peace: sustainability of peace must be widely understood as a process aimed at building a common vision for society, Ensuring that the needs of all segments of the population, including activities aimed at preventing the outbreak, escalation, continuation and recurrence of conflict, are taken into account. addressing the root causes, assisting the parties to the conflict in ending hostilities and ensuring national reconciliation, Moving towards social recovery, reconstruction and development and to emphasize that maintaining peace is a shared task and responsibility that must be undertaken by the Government and all national stakeholders.