Examining the Contribution of Transitional Justice in Reducing the Justice Gap

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In their work to increase access to justice for communities around the world, the Working Group on Transitional Justice and SDG16+ released a report urging policymakers and donors to support transitional justice as one important way to reduce the justice gap. In cases of extreme injustice—including in Syria, Myanmar, and Yemen—decreasing the justice gap is often primarily about stopping, addressing, and preventing the recurrence of large-scale human rights violations. To advance the 2030 Agenda for Sustainable Development in these extraordinary circumstances, extraordinary responses, including transitional justice, are needed so progress toward the SDGs does not leave behind communities with legacies of human rights violations. Transitional justice efforts can put victims at the center of the work and make sure that victims are included in the justice process. Transitional justice can be adapted to different situations and contexts and is flexible about the form that justice takes. Moreover, it can also be designed to tackle problems of scale, address structures of injustices in the form of legacies of violations, and emphasize nonrecurrence. These characteristics make these mechanisms uniquely capable of addressing the justice gap in communities that have experienced repression and conflict.

Read the full summary for this working session. 

 

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ICTJ

Criminal Justice

Transitional Justice

13:00 - 14:30 (CET)

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Coordinated by International Center for Transitional Justice
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In their work to increase access to justice for communities around the world, the Working Group on Transitional Justice and SDG16+ released a report urging policymakers and donors to support transitional justice as one important way to reduce the justice gap. In cases of extreme injustice—including in Syria, Myanmar, and Yemen—decreasing the justice gap is often primarily about stopping, addressing, and preventing the recurrence of large-scale human rights violations. To advance the 2030 Agenda for Sustainable Development in these extraordinary circumstances, extraordinary responses, including transitional justice, are needed so progress toward the SDGs does not leave behind communities with legacies of human rights violations. Transitional justice efforts can put victims at the center of the work and make sure that victims are included in the justice process. Transitional justice can be adapted to different situations and contexts and is flexible about the form that justice takes. Moreover, it can also be designed to tackle problems of scale, address structures of injustices in the form of legacies of violations, and emphasize nonrecurrence. These characteristics make these mechanisms uniquely capable of addressing the justice gap in communities that have experienced repression and conflict.

Read the full summary for this working session. 

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Agenda 2030: Approaches to Nationalizing and Implementing Goal 16 and Access to Justice

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This session proposed key categories of data needed to properly assess national trends relating to Pretrial Justice  and to report on the Agenda 2030 Goals to the UN. Recommendations regarding the specific SDG indicators on pretrial detention (PTD) included keeping the current indicator so that comparisons can be made over time, but fine-tuning it to make it more meaningful, and developing new indicators that are simple, do not create perverse incentives (e.g. arrest quotas), and focus on the quality of decision-making as opposed to the outcome of the decision. During the session several initiatives in countries that prioritized implementation of the Goal 16 pretrial detention indicator, such as Brazil, Sierra Leone, and South Africa, were showcased. Links to other Sustainable Development Goals and issues were also discussed, including the need to implement smart policies—such as not using PTD for crimes with a punishment of less than five years or for women who are pregnant or have children under 12—to reinforce the other SDGs.

Read the full summary for this working session. 

 

Additional Resources:


Legal Aid Board

 

Criminal Justice

Data and Indicators

13:00 - 14:30 (CET)

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Coordinated by Open Society Justice Initiative; Legal Aid Board, Sierra Leone
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This session proposed key categories of data needed to properly assess national trends relating to Pretrial Justice  and to report on the Agenda 2030 Goals to the UN. Recommendations regarding the specific SDG indicators on pretrial detention (PTD) included keeping the current indicator so that comparisons can be made over time, but fine-tuning it to make it more meaningful, and developing new indicators that are simple, do not create perverse incentives (e.g. arrest quotas), and focus on the quality of decision-making as opposed to the outcome of the decision. During the session several initiatives in countries that prioritized implementation of the Goal 16 pretrial detention indicator, such as Brazil, Sierra Leone, and South Africa, were showcased. Links to other Sustainable Development Goals and issues were also discussed, including the need to implement smart policies—such as not using PTD for crimes with a punishment of less than five years or for women who are pregnant or have children under 12—to reinforce the other SDGs.

Read the full summary for this working session.

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Civil Society Inspiring Government Action: Effective Investigations to Bring Accountability in Transnational Crime

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This working session focused on how civil society can undertake investigations of transnational crimes to collect evidence and press governments to take action. The Wildlife Justice Commission (WJC) discussed civil society’s role in bridging the enforcement gap when intergovernmental or governmental approaches fail to address pressing issues. Specifically, the WJC presented its approach to the lack of enforcement of laws related to wildlife crime and the urgent need to acknowledge it as transnational organized crime. The WJC presented its intelligence-led approach to investigations and the role of public hearings as the ultimate means to generate government accountability if all else fails. The Environmental Justice Foundation (EJF) presented its approach documenting illegal fishing through film-led investigations to bring about government enforcement. These approaches are essential to fill gaps left by a lack of enforcement of laws against illegal fishing. During the session, both organizations highlighted the fact that without government action, durable reform is not possible. Therefore influencing government strategies and priorities is crucial.

Read the full summary for this working session. 

 

Additional Resources:


Wildlife Justice Commission

Criminal Justice

The Environment

15:30 - 17:00 (CET)

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Coordinated by Environmental Justice Foundation, Wildlife Justice Commission
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This working session focused on how civil society can undertake investigations of transnational crimes to
collect evidence and press governments to take action. The Wildlife Justice Commission (WJC) discussed
civil society’s role in bridging the enforcement gap when intergovernmental or governmental approaches
fail to address pressing issues. Specifically, the WJC presented its approach to the lack of enforcement of
laws related to wildlife crime and the urgent need to acknowledge it as transnational organized crime. The
WJC presented its intelligence-led approach to investigations and the role of public hearings as the ultimate
means to generate government accountability if all else fails. The Environmental Justice Foundation (EJF)
presented its approach documenting illegal fishing through film-led investigations to bring about
government enforcement. These approaches are essential to fill gaps left by a lack of enforcement of laws
against illegal fishing. During the session, both organizations highlighted the fact that without government
action, durable reform is not possible. Therefore influencing government strategies and priorities is crucial. 

Read the full summary for this working session. 

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Innovation and Reform in Criminal Justice: Just Outcomes, Procedural Fairness, and Community Justice

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The Center for Court Innovation is renowned for its work reforming the New York criminal justice systems with ambitious, cutting-edge projects and offering its technical expertise across the US and internationally to jurisdictions seeking to reform their own systems. This session explored the three principles that drive the Center's work and how they translate into practice and programming: just outcomes, procedural fairness, and community justice. The session shared some of the lessons learned from the Center's efforts and invited attendees to share and troubleshoot their own efforts at justice reform. The experience of the Center for Court Innovation highlighted three key lessons learned. First, while outcome fairness traditionally has been measured by the determination of whether the conviction has been properly achieved, a just outcome should also consider whether the disposition and sentence is seen as appropriate in the eyes of a victim and the community. Second, procedural justice should be emphasized, and, third, justice reforms should embrace community justice.

Read the full summary for this working session. 

 

Additional Resources:


Center for Court Innovation

Courts & Justice Systems

Criminal Justice

11:45 - 13:15 (CET)

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Coordinated by Center for Court Innovation
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The Center for Court Innovation is renowned for its work reforming the New York criminal justice systems
with ambitious, cutting-edge projects and offering its technical expertise across the US and internationally
to jurisdictions seeking to reform their own systems. This session explored the three principles that drive
the Center's work and how they translate into practice and programming: just outcomes, procedural
fairness, and community justice. The session shared some of the lessons learned from the Center's efforts
and invited attendees to share and troubleshoot their own efforts at justice reform. The experience of the
Center for Court Innovation highlighted three key lessons learned. First, while outcome fairness
traditionally has been measured by the determination of whether the conviction has been properly
achieved, a just outcome should also consider whether the disposition and sentence is seen as appropriate
in the eyes of a victim and the community. Second, procedural justice should be emphasized, and, third,
justice reforms should embrace community justice.

Read the full summary for this working session. 

Is a Sub Session
On