Transitional Justice Mechanisms: Mozambique and Rwanda Analysis

This report provides a comparative analysis of transitional justice mechanisms in Mozambique and Rwanda, examining their approaches to addressing large-scale human rights violations and post-conflict reconciliation. It explores the conceptual frameworks, including criminal prosecutions, truth commissions, and the integration of customary practices. The report delves into the specific contexts of Mozambique and Rwanda, highlighting the role of Gacaca courts, the impact of amnesty laws, and the challenges faced in achieving justice and accountability. It emphasizes the importance of understanding the interplay between the post-conflict context and the transitional justice system, ultimately aiming to identify effective strategies for minimizing future conflicts and protecting human rights. The analysis considers the historical, cultural, and political factors that shape the implementation and outcomes of transitional justice initiatives, offering insights into the conditions necessary for trials to have a meaningful impact and the advantages of truth commissions in fostering reconciliation. The report concludes by reflecting on the successes and limitations of these mechanisms, emphasizing the need for comprehensive approaches that balance punitive justice with social reconciliation to promote lasting peace and stability.

TRANSITIONAL JUSTICE MECHANISM:
A STUDY OF MOZAMBIQUE
AND RWANDA

Table of Contents
INTRODUCTION...........................................................................................................................1
CONCEPTUAL FRAMEWORK OF TRANSITIONAL JUSTICE MECHANISM OF
MOZAMBIQUE AND RWANDA.................................................................................................1
CONDITIONS THAT NEED TO BE FULFILLED FOR TRIALS TO HAVE AN IMPACT IN
TRANSITIONAL SOCIETIES.......................................................................................................6
ADVANTAGE OF TRUTH COMMISSION AND COMPARISON OF TRIALS IN
TRANSITIONAL SITUATIONS....................................................................................................8
CRITICAL REFLECTION............................................................................................................11
CONCLUSION..............................................................................................................................14
REFERENCES..............................................................................................................................15

INTRODUCTION
Transitional Justice (TJ) is considered as the process which has been implemented by
most of the countries to address large scale or human rights violations. These are such conditions
when normal justice system get failed to response properly (Waldorf, 2016). This mechanism is
applied by many African nations after conflicts. It was introduced for highly localised cleansing
ceremonies in Mozambique and national truth-seeking testimony in South Africa. These are
based on indigenous practices in order to resolve dispute effectively.
Current study will analyse transitional justice mechanism in Mozambique and Rwanda.
Furthermore, it will explain advantage of truth commission in order to improve justice system
(Buckley-Zistel and et.al, 2013). It will determine conditions that need to be fulfilled for trials to
have an impact in transitional societies.
CONCEPTUAL FRAMEWORK OF TRANSITIONAL JUSTICE
MECHANISM OF MOZAMBIQUE AND RWANDA
The case study of Mozambique and Rwanda explain the importance of moving from
theoretical discussion of customary transitional justice and identify need to have legal structure
in order to resolve conflicts in an effective manner (Nyseth Brehm and Golden, 2017).
Transitional justice concentrates on laws and politics. It concentrates on victim's dignity first and
takes decision in such manner so that citizens can be safe in the nation. Safety means protection
from abuses and protection from violations by others. The complementary aim of the transitional
justice system is to establish accountable institutes so that confidence in society members can be
restored (Stewart and Wiebelhaus-Brahm, 2017). It pays attention on the fact that all people
respect the law and follow legal system fairly. Objective of this justice system is to resolve
conflicts in an effective manner so that occurrence of such crime in future can be minimised. It
advances cause of reconciliation.
Traditionally, there are four types of approaches that helps in resolution of any issue.
Criminal prosecutions are applied in the case of most serious crimes. It seeks on truth, achieve
justice, paying indemnities and take precautions so that human rights can be protected (Skaar,
2013). Role of women was earlier very limited but it is essential to involve experience of women
in conflicts so that root cause of such type of issues can be identified. It works as medium that
helps in addressing violations of human rights in order to begin process of reconciliation. Each
issue arises due to different situations. Historical and cultural contexts are differed in each
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circumstance. Transnational justice mechanism analyses past conflicts and determine appropriate
method through which such type of conflicts situation does not take place in future again (Sharp,
2016).
Transitional justice mechanism tries to find out past abuses and their authoritarian states.
It tries to offer broader level of acknowledgement by limiting denial's culture. Over the past few
years, TJ has become the most essential aspect for resolution of conflicts situation and wider
development of cooperation. It works to improve or develop international development policy
frameworks by involving different elements related to human security and development of
human being (Weiner, 2016). During recent years, government has started providing funding to
TJ process and mechanisms. Around 1.5 billion people suffer from abuse, harm and criminal
violence conditions.
The emergence of transitional justice system has been developed to attempt to give
proper response against violence and genocide. It was developed to make balance between
material reparations and traditional symbolic (Lessa, 2013). Culture plays significant role within
indigenous justice of Mozambique. Healing practices and TJ has provided opportunities so that
this gap between fulfilled.
A famous case of Rwanda is the great example of significance of transitional justice
system. In the year 1994, Rwanda has faced wide range of conflicts situations. After that, it has
established its unique mechanism in order to response to these issues (Enrique Sánchez and
Sylvia Rognvik, 20120. In this respect, it has concentrated on detail of conflicts, scope of
existing law, ethnic lines, political structure etc. Society of Rwanda believed that there is
essential requirement to restore security and amend rules and regulations. It was the case when it
was announced that there is essential requirement of punitive justice for the people those who
commit crime during war without any fear. It was the critical situation in the country that people
who committed crime they were not ready to change their genocidal mentality (Eirin
Mobekk ,2017). As a result, society of Rwandan believes that justice system needs to be
converted into transitional system and reconstruction must be done so that condition of the
society can be improved. It is the only way through which conflicts can be resolved.
Case of Rwanda shows that at the time of war, judicial system was not up to the mark and
crime rate was high in the country. At that time, 100000 cases were continued in courts but court
has worked on only nine thousand cases. It shows that there was poor justice system which was
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affecting overall condition of the place. Later on, transitional government co-opted traditional
concept and adapted new justice system in order to meet with the post- conflict situations
(Transitional Justice Mechanisms: A Case Study of Sierra Leone and Mozambique, 2014). In
Rwanda, there were few ringleaders those who were manipulating population to commit crimes,
ICTR (International Criminal Tribunal for Rwanda) did not address impunity issue of society.
After changes in justice system, it was found that international tribunal has been developed
within Rwanda in which authorities have given punishment to the guilty to serve their sentences
outside Rwanda. It has supported in improving the condition of society and resolving conflicts
situation in the nation (Krista Jorstad, 2015).
Mozambique was another best example where customary practices have been integrated
into transitional justice strategies. They adopt method of justice on the basis of role of the person
in the society. It was the case in the location that socio-cultural aspects can influence TJ easily
which cannot be influenced by legal system. In the year 1994, long civil war had taken place
(Lessa, 2013). The general peace agreement has not provided any clarity regarding conflicts
issue and justice practices. After signing the agreements, national legislature has passed new law.
Parliament members have said that it is essential to erase the past so that society can move ahead.
But at that time, there was no apology made and no statements of acknowledging were made for
the victim as per the law (Sharp, 2016). There was the condition where political power was
dealing with any issue. After that, new legal system came into existence which has given
opportunity for post conflict in Mozambique. After deep discussion, social reconciliation process
came into existence. After passing Amnesty law, local communities have experienced new
things.
Traditional justice mechanism of Mozambique has denoted that indigenous system
helping pressure from national courts. It was the justice system which was mostly used in the
post conflict societies at the time of gross violation of human rights. Indigenous system was quite
affordable and responsive for the population as compare to state justice system. It was used to
resolve issues related to families, communities. One case happened in Mozambican that one
woman was killed in civil war who were unable to return magamba spirit. It was the system that
only man are able to return spirit. It was very bias justice system that is why it was unable to take
correct judgement for the post conflict situations. It was fact that indigenous justice mechanism
of Mozambican was improper and was not able to satisfy interest of population.
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At that time people of the country were using healing practices in which social cultural practices
were used to deal with conflicts situations. Indigenous and healing practices have been tested-
which was quit improper thus it is found that there is requirement of transitional justice
mechanism.
Community court of Rwanda was known as Gacaca. During the year 1994, Rwanda was
facing huge issues, at that time many people were killed and many women were raped those who
were living in the country. In such condition ICTR (International criminal Tribunal for the
Rwanda) came into existence. It was found that Gacaca courts were effective to give transitional
justice to the victim. Gacaca court has prevailed over ICTR because at the post conflict situations
ICTR was failed to make balance between local culture and internal tribunals. The tribunal has
taken action to prosecute the person who is bearing genocide and other serious violation. Gacaca
court has been re-established in Rwanda in which elected judges have to hear cases of genocide
suspects. But court gave them lower sentences and confessing prisoners person return home
without any penalty. This was the critical situation and after some times in order to resolve post
conflict situation Rwanda has moved toward transitional justice mechanism.
Results came out after passing this law that approx. 500 prisoners were released. These
criminals would have to live with victim and with victim's family in the same village where
crime was committed (Eirin Mobekk, 2017). Social forces have dealt with war issues more
effectively and it has supported in improving condition of the country. Involvement of new
dimensions have given new experience to the nation and it has developed peace and justice in the
Mozambique. Mozambique case raised the questions about role of transitional justice in wartime
atrocities. Implication of judicial and non-judicial mechanism can support in resolving post-
conflict situations effectively. Reinforcement of new transitional justice theory improve ability of
international community that has improved conditions for justice and accountability (Waldorf,
2016).
Transitional justice mechanism is the set of process which can be used by post- conflict
countries. With the help of this system, transformation can be done impressively and human
rights can be protected significantly. By this way cases of abuse, harm, crime can be minimised
to great extent (Stewart and Wiebelhaus-Brahm, 2017). It confronts that by analysing past
injustice cases, making balance between punitive justice and through social reconciliation, such
types of issues and war conditions can be minimised soon. Before making the decisions, policy
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makers need to understand interplay between post conflict context and transitional justice system
(Enrique Sánchez and Sylvia Rognvik, 2012).
Huti and Tusi were two main groups those who became popular in Rwanda genocide
issues. It was the situation when ethnic group of Tutsi were having greater wealth and social
status. After winning election Tutsis have given order to Hutu policemen to kill all Tutsis and
Hutus those who are refusing to join rebellion. In the year 1994 president of Rwanda Mr. Juvenal
Habyarimana who was Hutu was killed when plan was shot down. Many times Hutus were
forced to kill their Tutsi neighbours in order to get monitory benefits. At that time approx 10
belgian were killed in the genocide. It was the traditional justice mechanism where suffered
person were unable to get proper justice from the state court. Rwanda was the place which was
popular for tightly controlled society, in such place weapons and hit lists were handed over to the
local people and they know who are their targets. This case was the important part in the process
of transitional justice mechanism system. Transitional justice was adopted to secure people and
legitimacy challenges for post conflict government.
Alternative approaches have been received in respect to international recognition and
acclaim. It has sparked fierce debates that has supported in making TJ process smoother.
Application of transitional justice mechanism have supported Mozambique and it has given great
success to the country. Decision of adoption of Amnesia law has helped in minimising the cases
of abuse. In this respect, traditional method has been re-established and it has produced trust.
Valorisation of truth telling practice has countered western assumptions and has given benefit of
minimising violence from the countries (Transitional Justice Mechanisms: A Case Study of
Sierra Leone and Mozambique, 2014). Traditional methods may always not give appropriate
results. Indigenous justice mechanism also involves political risk of manipulation. Case of
Mozambique has highlighted reality of post-conflict environment. In this situation, non-judicial
method of transitional justice is able to meet with the need of rural and indigenous communities.
There are many countries where human rights are being distorted and impunity is occurring
(Eirin Mobekk, 2017). In such condition, tools of transitional justice can become more relevant.
New policies have taken place where non-judiciary and judiciary both systems are being used in
order to resolve abuse, harm and criminal activities from the nations.
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CONDITIONS THAT NEED TO BE FULFILLED FOR TRIALS TO HAVE
AN IMPACT IN TRANSITIONAL SOCIETIES
Over the past few years, transitional justice in post conflict societies have been increased
to great extent. Transitional justice system is beneficial in order to develop sustainable peace in
the nation and resolve post-conflict issues of societies. TJ process has been used to deal with
crimes which have been committed during conflict period. There are many options available that
can used by government in order to tackle crimes and such type of violence situations (Stewart
and Wiebelhaus-Brahm, 2017).
There are many conditions that need to be fulfilled in order to have trial impact on
transitional justice system on societies. Truth seeking is the main condition. In this respect, it is
essential to give community a complete detail and version of history so that truth regarding the
conflict can be measured. Prosecuting all perpetrators is not even possible every time because
authorities have to face many challenges in order to show the root cause of any crime (Nyseth
Brehm and Golden, 2017). Truth commission has been developed in order to improve justice
system and fill the gap of impunity. Beyond acknowledging the victim, it is essential that truth
commission identify perpetrators and establish proper account of history. This justice mechanism
give platform to the victim to confront perpetrators and provide opportunities to live their life
without any issue.
Another main condition that need to be fulfilled for trail that selection of commissioners
need to be done effectively. Selected commissioner must be respected person of unparalleled
moral (Waldorf, 2016). High ambition is another condition in front of truth commission. This
can lead to disappointment for victim’s expectations. This body has to make lofty goals which
must be beyond political feasibility. If this condition is not being fulfilled then overall aim of
transitional justice mechanism will not be fulfilled. The main objective of transitional justice
mechanism is to stop culture of impunity and develop a new law of rile where criminal can
understand their mistakes and individual do not repeat such mistake in future again (Buckley-
Zistel and et.al, 2013). The main aim of TJ is halting ongoing human right abuses. The major
condition which need to be fulfilled is that investigating past crimes.
It is the responsibility of truth commission to gather deep information about past, such
type of complicated crime situation and analyse root cause of committing the crime. Once
authorities have identified the objective of crime, then they can work to improve legal system
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through which such type of crime can get stop in the future (Enrique Sánchez and Sylvia
Rognvik, 2012). Preserving and enhancing peace is another condition which need to be fulfilled
in trial to have an impact in transitional societies. If there is improper investigation, then results
will be opposite as expected. Thus, it may create complications in societies due to which overall
condition may get affected badly. If new transnational process is unable to prevent abuse then
there is no mean to make changes in traditional justice system. It is essential that new TJ
mechanism is being able to fulfil requirements of the society members and can protect them
(Sharp, 2016). If they will feel safe under this new transitional justice system then it will bring
changes in the societies. It will support in prevention from future abuse.
Investigation of serious crimes such as crime against humanity, genocide and war must
be done effectively. It can support in giving strength to the rule of law by making effective
violate laws with criminal penalties. Prosecutions demonstrate that abuse to human right cannot
be tolerated and on such type of violence, it is essential to take strict action (Enrique Sánchez and
Sylvia Rognvik, 2012). It is essential that moral obligations are being fulfilled. If truth
commission is able to fulfil moral obligations of the victim, then it can bring societal
reconciliation. But these trials look at the history rather than promoting social renewal. Another
condition that need to be fulfilled for trial to have an impact in transitional societies is adversarial
environment. If there is improper atmosphere, then it may create complication in restoring
fractured relationships (Transitional Justice Mechanisms: A Case Study of Sierra Leone and
Mozambique, 2014).
Pursuing legal accountability may create issue for such crimes where crimes are
widespread. In such condition, strategy of prosecutorial can be viewed as unfair. If there is no
involvement of reconciliation, then it may create issue because by this way, needs of society will
not be fulfilled (Eirin Mobekk ,2017). National reconciliation can be only achieved when
societal and political perform well and develop a fair system without reverting to previous
patterns. Individual reconciliation can be defined as ability of the person to live his life easily
without fear or hate.
The issue of transitional justice is increasing in post-conflicts societies to great extent.
Transitional justice mechanism has become the essential part of society in order to enhance
stability and sustainability peace in the societies. It is the system which has been created to deal
with crime situations during conflict periods (Mitsilegas, Carrera and Eisele, 2014). There are
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many situations arise when legal justice system get failed to deal with the situation well and it
fails to minimize number of crimes from the society. In order to deal with such critical situations'
government has created new mechanism of transitional justice which has supported in handling
conflict situations with justice and non justice method. Since 1990 many alternative approaches
have got international recognition in order to deal with post conflict conditions. These social
reconciliation and restorative justice system act as substitution for criminal trials (Whitehead,
2016).
It is essential for transitional regimes that to confront competing needs. Authorities have
to rectify injustice which have taken place in past scenarios. After that they have to make balance
between punitive justice, truth seeking and social reconciliation. It is the main condition that
need to be fulfilled for trials to have an impact in transitional societies (Hall and et.al, 2013).
Government and relevant authorities are required to decide priorities and have to chose
such option that can assist in creating healthy environment in post conflict countries. Another
condition that need to be fulfilled is that concern authorities such as truth commission need to
identify appropriate mechanisms and have to take decision on the bases of priorities in order to
meet with multi faced needs (Bueno-Hansen, 2017). In addition, policy makers are required to
understand interrelationship between transitional justice and broader post conflict context.
Making a new policy in order to implement transitional justice in the country, authorities are
required to deal with political acts. It is essential that all relevant person agreeing on national
vision so that overall objective can be accomplished.
One of the most important classic example of transitional justice mechanism is
Nuremberg trials (Luban, 2013). It looks at the various concepts of justice in western countries.
Transitional justice mechanism needs not to involve punitive justice for crimes during wars.
Security councils are required to reject such endorsements those which are related with genocide
or war crimes. There is required to apply international standards for fairness so that fair justice
system can be developed. If fairness condition is fulfilled then this transitional justice can be
impact on societies (Aiken, 2013).
ADVANTAGE OF TRUTH COMMISSION AND COMPARISON OF
TRIALS IN TRANSITIONAL SITUATIONS
Truth commission is the body which is set up in order to find out the past criminal cases
that has occurred in past and which are related with violation of human rights. Truth commission
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pays attention of past conflict situations and try to find out causes of these crimes. Truth
commission tries to investigate pattern of abuse over a period of time. On the bases of pattern
truth commission give parameters of crime and find ways through which such types of activities
can be minimized (Byrne and Miller, 2016). It is the body which has to access all information
about past cases and have to maintain security. Main agenda of truth commission is to establish
fact about the crimes which have been occurred in the past. This body generally does not have
much power to prosecution. It successfully conducts mission and utilize resources well so that
crimes can be minimized in post conflict countries (Calhoun, 2016). Truth commission is the
biggest supporter to establish transitional justice system in post conflict societies. They address
past human rights wrongs and try to build principles of law so that criminal activities can be
minimized from the nation. This body adopts judicial and non judicial approaches and also
include political transitions so that violence can be minimized and stability in society can be
developed. It focuses on past accidents, future occurrence and potential development of societies.
It tries to find out abusing patterns in societies so that principles of law can be build to minimize
such type of abusing cases from the societies (Gray and Coonan, 20130.
The main advantage of truth commission is that this body officially acknowledge the
truth and accordingly it makes policy. It supports in inquiry the case in depth and establish
record of past abuses. That supports the body in establishing practically undeniable records about
the history of nation. The main goal of truth commission is to healing the wounds of past
violence and minimize future conflicts. It is the advantageous situation because with the
assistance of this body future crimes can be avoided and minimized to great extent. Truth
commission works on the principle of judicial and non judicial aspects both (Bernstein, 2013). It
produces recommendations for the institutional reforms and provides financial compensations to
the victim. It gives such punishment to the wrong person so that individual does not repeat such
mistakes again in the future. Efforts of Truth commission supports the nation in minimizing
crime rate from the country.
Rwanda is the great example where post conflict situation were occurred to wide extent,.
Creation of solidification of racial identity has motivated political parties. First racial division of
population came into existence in the period between 1890-1916. At the same time Europe get
influenced by this racial scholarship (Findlay, 2016). After genocide Rwanda has faced many
difficulties related to human rights abuse. Truth commission has focused on violation cases
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related to human rights. It has focused on thousands of victims and has found such ways through
which wrong person can punishment in such manner which can change their mind towards the
society and individual does not commit any criminal activities in the future again.
At the time of Post conflicts situation there were many regions such as Rwanda,
Mozambique etc. where people were suffering from the high crime rate (Lyons, 2016).
Government and legal system was unable to deal with such condition effectively. If someone
kills other individual then punishment given by judicial system was unable to change perception
of the criminal. In such condition establishment of truth commission has helped in determining
culpability of individuals. This body has not given punishment to individual for abusing human
rights of others (Mitsilegas, Carrera and Eisele, 2014). Truth commission give necessary
recommendations by investigating past cases and analysing patterns to make changes in rules
and laws. It suggests reparations to victims which is impossible for the legal court of particular
country.
The main advantage of truth commission is that it gives specific voice to voiceless to
such people those who are victim of abuse and are continuously abusing by other criminals. Role
of truth commission was little difficult because it was difficult to abolish crimes completely
(Whitehead, 2016). This judicial body gives voice to the people and give them relief from their
trauma and pain from which they suffered. Truth commission has complete potential to have
local ownership.
Judicial reform are unable to perform their duties well because they need extended time
and resources to analyses the truth and giving punishment to the wrong person. Truth
commission pays attention on victim rather than giving punishment to perpetrators. This body
make recommendations to make necessary changes in the legal system. Truth commission does
not have power to prosecute perpetrators, it can give suggestion to the government in order to
make changes in judicial system (Aiken, 2013). Another advantage of working truth commission
is that it establish an official historical account. It competing narratives about past conflicts
situations and things which occurred in the past. Truth commission aggregate and analyse large
amount of data in order to find out rout cause of crimes and violence so that necessary action can
be taken to minimize such problems from the country. This supports in minimizing crime rate in
the region (Gray and Coonan, 2013).
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