On July 24th 2020, the Truth and Dignity Commission’s (IVD) final report has finally been published in a special issue of the Official Gazette of the Tunisian Republic. This report concludes the Commission’s work, which included the hearings of nearly 62.000 victims, the transfer of 204 cases to specialized criminal chambers in charge of prosecuting the perpetrators of human rights’ violations and economic crimes.

The issue of prejudices born out of colonisation, which has long been relegated to the background of public discourse, has recently gained momentum in Europe; particularly in Belgium.

A proposal for a Truth and Reconciliation Commission is currently being debated by Belgian parliamentarians. Belgium thus has a historic opportunity to confront its colonial past, to address the underlying roots of the contemporary injustices faced by its Afro-descendant population and to establish new relationships with the formerly colonised societies.

On 17th June 2019, after a decade-long formulation and adoption process, the Government of Uganda finally announced the passing of the National Transitional Justice Policy (NTJP) and officially released it in September. The passing of the Policy is partly fulfilling the Government’s commitments on accountability and reconciliation that it made during the Juba Peace process, which started in 2006, as well as its constitutional obligations.

In Uganda, ASF has been providing continuous support to communities who have been victim of the crimes for which Kwoyelo is being tried under the International Crimes Division. Last April, ASF led joint efforts with the Victim’s Counsel, the ICD Registrar and the International Center for Transitional Justice to inform the victims’ communities of the latest trial developments, while collecting and relaying their views to relevant instances.

On Monday 24 September, the International Crimes Division (ICD) shall open the main trial in the case of Thomas Kwoyelo. This case is the first ever to be tried before a domestic court in the conflict that opposed the Lord Resistance Army and the Government of Uganda. ASF Country Director for Uganda raises concerns about the opportunity given for victims to participate and the lack of State support to the ICD.

Established in 2013 to steer the transitional justice process in Tunisia, the Truth and Dignity Commission (IVD) has begun the final year of its mandate. The first trials relating to human rights violations committed during the dictatorship will begin soon in special courts. At this crucial time, ASF co-organised a national conference last week: “The role of civil society and of the state in achieving the objectives of transitional justice post-IVD.”

Last week at the Sixteenth Session of the Assembly of States Parties to the Rome Statute, ASF and REDRESS co-organised a parallel event on the legal representation of victims before the International Criminal Court, the International Crimes Division in Uganda, and the Special Criminal Court in the Central African Republic.

Since 2012, ASF has been supporting the International Crimes Division (ICD) in Uganda. The ICD is a domestic court that was created as part of the government’s efforts to implement the Juba Peace Agreement. It is within the ICD’s jurisdiction to try serious offences such as war crimes, crimes against humanity, and genocide. Given Uganda’s history of violent conflicts, the ICD plays a critical role in delivering justice in relation to past atrocities. 

Between February and April 2017, ASF conducted consultations with victims of mass atrocities in Northern and Eastern Uganda, about their views on ways to repair the harm they have suffered. The consultations took place in areas affected by the insurgence of the rebel group Lord’s Resistance Army. Their purpose was to get insight into LRA victims’ reparation needs and priorities, as well as their perceptions of ongoing discussions within the Transitional Justice Policy framework. We asked ASF Uganda’s Country Director to highlight issues raised during these consultations.

Tunisia is today presenting its human rights record at the Universal Periodic Review initiated by the United Nations Human Rights Council. ASF, along with other civil society organisations, has contributed to the event by means of an alternative report. ASF is in particular calling for the withdrawal of the economic and financial reconciliation bill that would enable the legal proceedings against corruption, launched since the departure of the former president Zine el-Abidine Ben Ali six years ago, to be closed down.