Donor-Driven Transitional Justice And Peacebuilding

Abstract

The prescription of transitional justice (TJ) has become the norm when societies emerge from violent conflict and/or political repression. Because of the realities of most post-conflict situations, funding and logistical support for TJ comes primarily from international sources. Post-conflict situations vary, but there has developed internationally a template of TJ tailored to attract international support and resources and a self-reinforcing dynamic is emerging: the international community insists that TJ processes must conform to international norms and standards, donors look to invest their monies in trusted mechanisms, a professionalised contingent of scholars and practitioners provides expertise and promises outcomes, and recipient governments, NGOs and other practitioners synchronise their performance with donor expectations and demands. This paper interrogates the ethical dilemmas when TJ is donor driven, points out some of the dangers when TJ is externally defined, de-contextualised, technicised and results oriented, and suggests some alternative ways of approaching transitions.

Keywords:

• transitional justice
• funding
• power
• donors
• transitional justice mechanisms
• trials
• truth commissions

Notes

1 The term ‘post-conflict’ is used here simply to mean the period following cessation of hostilities. It is not a permanent state. In many cases conflicts continue even after the ceasefires and societies can and do relapse into violence after a while.

2 The only regional organisation that funds TJ is the European Union, and its funding patterns parallel those of donor states.

3 A detailed discussion of gacaca is beyond the scope of this paper, but many scholars such as Bolocan (2004) provide very detailed accounts.

Additional information

Notes on contributors

Ismael Muvingi

ISMAEL MUVINGI is an Associate Professor in Conflict Resolution at Nova Southeastern University. His background includes working in war zones in the then Rhodesia investigating and documenting the stories of unarmed civilians for reporting outside the country, practising and lecturing in law in Zimbabwe, conducting legislative advocacy in the USA and teaching conflict resolution in Canada and the USA.