![Sample our Area Studies journals, sign in here to start your access, latest two full volumes FREE to you for 14 days]({"type":"image" , "src" : "/sda/5922/TOC-Subject-Sample-2021-Area-Studies.jpg"})
ABSTRACT
The most critical challenges faced by war-affected communities where children have allegedly perpetrated atrocities include: finding transitional justice practices that address the needs of former belligerent children and those of victims and their communities; and helping to reintegrate child soldiers into society and avoid returning to hostilities. This paper demonstrates that these challenges can be overcome by taking a holistic approach to child soldiering transitional justice, which assimilates restorative justice and social justice. Such an approach simultaneously addresses child soldiers’ criminal accountability and pursues their psychosocial wellbeing. The findings are based on a selective scholarship supported by fieldwork that was conducted in the Democratic Republic of Congo between May and December 2014 in North Kivu province. Data was gathered through semi-structured interviews, focus group discussions and survey questionnaires based on a randomised sample of 282 participants. These included self-demobilised child soldiers, members of war-affected communities, students/learners, educators, local traditional leaders, government officials, child protection lawyers and members of non-governmental organisations.
Notes on contributor
Jean Chrysostome K. Kiyala is a Postdoctoral Research Fellow hosted by Prof. Geoff T. Harris at the International Centre of Nonviolence based at Durban University of Technology (DUT) (South Africa). He holds Diplomas and BAs in philosophy, theology and mission studies; and BA Honours in religious studies. He obtained his MA Phil at St Augustine College of South Africa in 2010; was conferred MTech in Public Management by DUT in 2012 and was awarded a Doctoral Degree in Philosophy specialising in Public Administration in 2016 from DUT. Chrys is also a co-founder of “A Hipfunaneni [Let us help each other] Community Self-Empowerment Project that provides psychosocial assistance to Zimbabwean and Mozambican refugees and the Youth Advocacy and Peacebuilding Organisation (YAPO) that trains young people in alternatives to violent conflict resolution tendencies (South Africa); and the Youth Fraternity for Peacebuilding and Reconciliation (YFPR), based in North Kivu in the Democratic Republic of Congo, to accompany former child soldiers and train them to become peacebuilders. He has modest records of publications in international peer-reviewed journals (monography, book chapters and journal articles); seminar and conference presentations. His specialisations include: Child soldiering, restorative, social, criminal and transitional justice, post-conflict reconciliation and nation-building.
Notes
1. Kiyala, ‘The Impact of Globalisation on Child Soldiering’, 272.
2. Ushindi, Enfant de guerre: souvenirs d'un ex-kadogo [War Child: Memoirs of War Child], 9.
3. Kiyala, ‘Challenges of Reintegrating Self-demobilised Child Soldiers in North Kivu Province’.
4. Singer, ‘Western Militaries Confront Child Soldiers Threat’.
5. Drumbl, Reimagining Child Soldiers in International Law and Policy, 5.
6. Bell, ‘Democratic Republic of Congo: Report on Children Caught in War’.
7. Défense [defense] is a concept used by child soldiers to designate armed groups and militias’ headquarters or barracks.
8. Kiyala, see note 3 above.
9. Art. 26 of the Rome Statute of the International Criminal Court (ICC).
10. Kiyala, see note 3 above.
11. Ibid.
12. Ibid.
13. Stearns, ‘Causality and Conflict’.
14. Art. 2(2) of The Paris Principles.
15. Drumbl, see note 5 above, 62.
16. Ibid., 63.
17. Ushindi, see note 2 above, 18.
18. Kiyala, see note 3 above.
19. Wessells, Child Soldiers, 46.
20. Brett and Specht, Young soldiers, 3–5.
21. Ibid., 5.
22. Ibid., 3.
23. Wessells, see note 19 above, 45.
24. Andreevska, ‘Transitional Justice and Democratic Change’.
25. Davis, ‘Justice-sensitive Security System Reform in the Democratic Republic of Congo’.
26. Ibid.
27. Servaes and Birtsch, ‘Engaging with Victims and Perpetrators in Transitional Justice and Peace Building Processes’.
28. Ibid.
29. Art. 8(2)(e)(vii) of The Paris Principles.
30. Art. 8(6)(7)(8)(9) Ibid.
31. Art. 3(6) Ibid.
32. Art. 8(11) Ibid.
33. Drumbl, see note 5 above, 20–21.
34. Art. 3(6) of The Paris Principles.
35. Bangura, ‘The Politics of the Struggle to Resolve the Conflict in Uganda’.
36. Simons, ‘Dominic Ongwen, Ugandan Rebel Leader, Denies Charges at ICC Trial’.
37. Schenkel, ‘Uganda’.
38. Ibid.
39. Ibid.
40. Ibid.
41. Kiyala, see note 3 above.
42. Zehr and Mika, ‘Fundamental Concepts of Restorative Justice’, 40–43.
43. Ibid.
44. Ibid.
45. Noll, Peacemaking, 284.
46. Walgrave, ‘Towards Restoration as the Mainstream in Youth Justice’.
47. Ibid., 14.
48. Drumbl, see note 5 above, 20–21.
49. Art. 8(9)(1) of The Paris Principles.
50. Robinson, What is Social Justice?
51. Ibid.
52. Tyler et al., Social Justice in a Diverse Society.
53. Braithwaite, ‘Restorative Justice and Social Justice’.
54. Kiyala, see note 5 above.
55. Jourdan, ‘Mayi-Mayi’.
56. Ibid.
57. Baaz and Verweijen, ‘The Volatility of a Half-cooked Bouillabaisse’.
58. Vlassenroot, “Violence et constitution de milices dans l’est du Congo: Le cas des Mayi-Mayi. L’Afrique des Grands Lacs” [Violence and militia formation in eastern Congo: the case of Mayi-Mayi. The Africa of the Great Lakes].
59. Wessells, see note 19 above.
60. Ibid.
61. Seymour, ‘Selective Outrage’.
62. Wessells, see note 19 above.
63. Ibid., 24.
64. Ibid.
65. Ibid.; Wessells, ‘Psychological Well-being and the Integration of War Affected Children’.
66. Kiyala, see note 3 above.
67. Davis, see note 25 above.
68. Davis and Hayner, Difficult Peace, Limited Justice, 25.
69. See Art. 138 of the Convention on the Rights of the Child.
70. Constitution of the Democratic Republic of Congo, 2006.
71. Art. 3(6) of The Paris Principles.
72. Art. 10 of Loi N° 09/001 Portant Protection de l’Enfant [Child Protection Law No. 09/001].
73. Art. 40 of Ibid.
74. Jarvis, ‘3,000 Children in Democratic Republic of Congo’s Adult Jails’.
75. Braithwaite, ‘Paralegals Changing Lenses’.
76. Hsieh and Shannon, ‘Three Approaches to Qualitative Content Analysis’.
77. Kiyala, see note 3 above.
78. Kiyala, ‘Utilising a Traditional Approach to Restorative Justice in the Reintegration of Former Child Soldiers in the North Kivu Province, Democratic Republic of Congo’.
79. Art. 12(1) of the Convention on the Rights of the Child.
80. Morgan et al., ‘Hearing Children’s Voices’.
81. Santos, ‘Cronbach’s Alpha’.
82. Bless, Higson-Smith, and Sello, Fundamentals of Social Research Methods.
83. Faculty Research Ethics Committee Clearance No 32/14FREC, Durban University of Technology, 2014.
84. Personal interview with Ngandu (humanitarian worker), Goma, 7 June 2014.]
85. Focus group with humanitarian workers, Kiwanja, 27 May 2014. This situation exploded the increasing rates of criminality and kidnapping by the Manoti groups, who ask for ransoms before releasing the kidnapped. The targets are mostly humanitarians, medical doctors, business people and high-profile members of the community.
86. Personal interview with Kintete, Goma, 11 May 2014.
87. Personal interview with Mvulusi, Nyahanga, 23 May 2014.
88. Personal interview with Kisanga, Goma, 15 May 2014.
89. Personal interview with Kintotila, 15 May 2014.
90. Drumbl, see note 5 above.
91. Kiyala, Child Soldiers and Restorative Justice.
92. Art. 6(3) of The Paris Principles.