Event Highlight: Transitional Justice and Displacement

Event Title: Transitional Justice and Displacement

Location: The Brookings Institution

Date: July 26, 2012

Host Organization:  The Brookings-LSE Project on Internal Displacement and the International Center for Transitional Justice

Panelists:

Megan Bradley, Fellow at The Brookings Institution

Roger Duthie, Senior Associate, Research Unit at the International Center for Transitional Justice

Roberto Vidal, Professor of Law at Pontifica Universidad Javierana, Colombia

Moderator:  

Elizabeth Ferris, Senior Fellow and Co-Director, Brookings-LSE Project on Internal Displacement at The Brookings Institution 

Website: http://www.brookings.edu/events/2012/07/26-transitional-justice

Description:

In panelist Megan Bradley’s opening remarks she commented that the most interesting policy decisions or access points on a topic are often at the intersections of disciplines. Different fields approach the same issue from varying angles, and this can lead to either mutually reinforcing strategies or palpable tension.

 Under a similar philosophy, The World Justice Project seeks to promote multi-disciplinary thinking and action at the junction between the rule of law and society. Therefore, the discussion on transitional justice and displacement directly related to two branches of the World Justice Project: (1) WJP Index data on five factors: absence of corruption, order and security, effective regulatory enforcement, access to civil justice, and informal justice and (2) WJP Mainstreaming outreach initiatives to connect law with areas such as human rights, health, and education to promote an engaged civil society.

Transitional justice has recently gained more attention from academics and policymakers as an effective tool in restoring order for displaced peoples and the state. The term most commonly refers to trials, truth commissions and compensation. The trials are intended to recognize the wrong, restore civic trust, include the displaced peoples as stakeholders, and promote the rule of law. Furthermore, the truth-telling is intended to facilitate social re-integration, while the compensation is meant to spur economic re-integration and provide means to access land, health, and education.  Commemoration ceremonies and/or exhumation of mass graves also serve as steps the state and stakeholders can take to foster a sense of understanding and closure. 

The effectiveness of transitional justice can in part be measured by the World Justice Project Rule of Law Index. The current data serves as a way to question how various factors, such as the absence of corruption or the strength of informal justice, will influence the success of transitional justice efforts. For example in 2011, Colombia, ranked 3/12 regionally for “Access to Civil Justice”, which is encouraging for displaced people to be incorporated into the legal process, yet under “Order and Security” Colombia ranked 12/12 meaning that displaced (and all) people face serious threats in terms of stability and safety that transitional justice is supposed to engender.

Roberto Vidal, the panelist and law professor from Colombia, further elucidated the challenges of transitional justice in his home country. He first emphasized that the situation has a high degree of complexity; in the last fifteen years, there have been more than 3.5 million internally displaced peoples, 100,000 refugees, and 60,000 asylum seekers. Forced migration is not the only problem; the people are usually impoverished, socially marginalized and fearful of the state. Therefore, the strategy for transitional justice is context sensitive and based on need assessments.

He was also quick to point out the limitations of the transitional justice: (1) it can create false allusions of achievement because documentation and inclusion are often highly politicalized. (2)  IDPs can be targeted by other groups, especially if others know the IDPs have been benefactors of compensation. Professor Vidal stressed that security remains Colombia’s main concern.  Criminal justice is usually prioritized over transitional justice.  (3) Truth-leaking is not the same as truth-telling, connections between the press and government can hinder the sense that the truth is credible, transparent and holistic. Despite the limitations of transitional justice, the alternative, inaction, is likely worse. In closing Professor Vidal emphasized the importance of realistic goals.

The rule of law will continue to play a vital role in ensuring that transitional justice functions in a fair, accessible, and accountable manner. The World Justice Project’s Rule of Law Index is a tool for lawyers and practitioners to understand and measure how states adhere to rule of law and how such adherence (or lack thereof) will impact the mission of transitional justice.