1 00:00:00,960 --> 00:00:10,660 My my researches. Sorry, my my papers based on an experience working at both transitional justice mechanisms in Sierra Leone. 2 00:00:10,660 --> 00:00:18,790 Firstly, the Truth and Reconciliation Commission draughting the recommendations and governance and looking at inStar Plantations to the conflict. 3 00:00:18,790 --> 00:00:30,400 And then. And in last year, the at the special court doing research whilst also creating a legacy project. 4 00:00:30,400 --> 00:00:38,020 And I want to focus on on the context in which negotiations bring about an 5 00:00:38,020 --> 00:00:44,990 end to the conflict brought brought about two sort of disparate institutions. 6 00:00:44,990 --> 00:00:55,930 Why why that happened and the impact that the process had on the formation of institutions and the manner in which they function. 7 00:00:55,930 --> 00:01:10,650 And then and then look at any problems that this presents for peace in both the short term and long term. 8 00:01:10,650 --> 00:01:15,090 So the thing that transitional justice literature commonly holds at its centre is that 9 00:01:15,090 --> 00:01:19,680 recognition of abuses carried out in the past through the use of some processes, 10 00:01:19,680 --> 00:01:24,030 institutional commission of enquiry is a prerequisite for emerging democracies to 11 00:01:24,030 --> 00:01:32,250 transcend such abuses and then move towards democratic consolidation and end security. 12 00:01:32,250 --> 00:01:39,240 This paper question is the sharp focus on the abuses themselves queries whether a wider and wider interpretation of the 13 00:01:39,240 --> 00:01:47,700 term transition should be undertaken and whether contemporary processes should be described as transitional at all. 14 00:01:47,700 --> 00:01:53,490 These people focus on the Sierra Leone case where normative doctrine was ostensibly adhered to. 15 00:01:53,490 --> 00:01:58,350 I'm gonna start by looking at the interests which drove particular transitional justice agendas 16 00:01:58,350 --> 00:02:03,520 and the extent to which these interests reflected those apparent in the conflict itself. 17 00:02:03,520 --> 00:02:11,850 This paper van address the goals which the institutions purportedly set and their effectiveness in ensuring sustainable peace. 18 00:02:11,850 --> 00:02:17,580 Finally, as people question the extent to which focussing on the abuses themselves, 19 00:02:17,580 --> 00:02:25,890 whether through reconciliate reconciliatory or punitive approaches, really addresses the likelihood of abuses recurring and short. 20 00:02:25,890 --> 00:02:30,780 So through such processes, facilitate a transition which provides for peace in the long term, 21 00:02:30,780 --> 00:02:41,360 or do they simply address symptoms of an unjust system which the transitional institutions themselves then reinforce? 22 00:02:41,360 --> 00:02:43,250 Various internal but more significantly, 23 00:02:43,250 --> 00:02:49,640 external Actors Pursuit has served various varied approaches to the conclusion of the Sierra Leonean conflict, 24 00:02:49,640 --> 00:02:53,540 as well as to the processes which might facilitate its transition. 25 00:02:53,540 --> 00:03:00,020 Complacency, particularly where commercial interests were not affected, as well as regional manoeuvring by global powers, 26 00:03:00,020 --> 00:03:06,410 have prevented a peace process which all key external actors genuinely endorse. 27 00:03:06,410 --> 00:03:14,240 Many observers viewed Sierra Leone's transitional apparatus through a lens and formed by transitional justice theory, which focussed upon justice, 28 00:03:14,240 --> 00:03:16,400 reconciliation, 29 00:03:16,400 --> 00:03:25,320 truth and legal precedent and paid little attention to why the conflict came about and what might be done to address these causal elements. 30 00:03:25,320 --> 00:03:32,730 The causes of Sierra Leone's recent conflict have been cited as a breakdown in institutional cheques and balances on the executive 31 00:03:32,730 --> 00:03:41,820 and ability of ordinary Sierra Leone is to assert their rights in a patrimonial society which fomented sharply diverse divisions. 32 00:03:41,820 --> 00:03:52,800 Those divisions divisions included conflict between young and old, rich and poor, man and woman, north and south, Freetown and up country. 33 00:03:52,800 --> 00:04:02,280 The government, the opposition, the armed and the unarmed and and and various localised localised cleavages as well, 34 00:04:02,280 --> 00:04:09,700 including ethno original and chiefdom shift in-house conflicts. 35 00:04:09,700 --> 00:04:14,890 The marginalisation of such groups can can also be seen as symptomatic of the power structures 36 00:04:14,890 --> 00:04:19,420 with patrimonial power was maintained through distribution of state coffers along party lines, 37 00:04:19,420 --> 00:04:30,050 particularly where state revenue was diminished. And in the mid 1980s by liberalising economic policy from the outside. 38 00:04:30,050 --> 00:04:37,750 So the mid 1980s economic malaise exacerbated socio economic and political marginalisation of groups already at the periphery, 39 00:04:37,750 --> 00:04:42,470 the state's ability to surprise to supply patrimonial lineage was drastically undermined by the 40 00:04:42,470 --> 00:04:48,580 decline in the price of palm oil and diminishing crop control of the diamond industry in particular. 41 00:04:48,580 --> 00:04:56,060 The situation further deteriorated due to new leaderships, which was insulated from localised dynamics. 42 00:04:56,060 --> 00:05:02,690 This eventually undermined its ability to supply not only its petro minor constituent constituency at large, 43 00:05:02,690 --> 00:05:08,920 but more critically as its patrimonial constituency within the armed forces. 44 00:05:08,920 --> 00:05:18,940 Civilians conflict began after a trade dispute between Charles Taylor's empire fell and and armed forces within Sierra Leone, 45 00:05:18,940 --> 00:05:26,200 causing a group of imperial fighters to cross into Sierra Leone and attack Sierra 46 00:05:26,200 --> 00:05:32,140 Leonean UN forces to gain goods that they felt they were owed in a trade dispute. 47 00:05:32,140 --> 00:05:41,140 Now, Charles Taylor and Foday Sankoh had previously been been trained by Gadhafi in Libya. 48 00:05:41,140 --> 00:05:51,690 And and Foday Sankoh had created the Revolutionary United Front, which was planning to invade Sierra Leone a few months later. 49 00:05:51,690 --> 00:05:56,950 But because of this first attack, this agenda was pushed forward. 50 00:05:56,950 --> 00:06:06,450 And much of the code of conduct training, the ideological training that many of the many of the intellectual elements from 51 00:06:06,450 --> 00:06:11,030 for Backcourts University in Freetown were insisting upon were they marginalised? 52 00:06:11,030 --> 00:06:19,090 And actually, the students from four about college actually constituted the original leadership of the Revolutionary United Front. 53 00:06:19,090 --> 00:06:31,640 And what then? And then when then within marginalised by but by Sankoh in that in the months leading up to the run, leading up to the end of 1990. 54 00:06:31,640 --> 00:06:39,240 The political manoeuvring of major world powers in the region and particularly in Liberia also instructed posturing towards the EU with 55 00:06:39,240 --> 00:06:46,980 broadly the US and British policy was to support Nigeria as the regional superpower from Nigeria to support the incoming government. 56 00:06:46,980 --> 00:06:56,940 Governments in Liberia and Sierra Leone, respectively. France, on the other hand, supported Libya as a counterweight to Nigerian regional dominance. 57 00:06:56,940 --> 00:07:03,960 Libya backed. The Empire Fell and Alua insurgencies which fought governments in Sierra Leone and Liberia. 58 00:07:03,960 --> 00:07:10,780 And those governments were supported by Nigerian troops under the auspices of Ridgen Regional Peacekeeping. 59 00:07:10,780 --> 00:07:21,220 In August 97, though, Charles Taylor prevailed and Liberian elections winning 75 percent of the vote and claiming the Liberian presidency. 60 00:07:21,220 --> 00:07:24,400 Now, this caused a US policy shift, 61 00:07:24,400 --> 00:07:38,890 which was critical both to the conclusion of the Sierra Leonean conflict and to the creation of Sierra Leone's transitional justice mechanisms. 62 00:07:38,890 --> 00:07:48,100 The US, led by special envoy Jesse Jackson, switched its allegiance to Charles Taylor within Liberia. 63 00:07:48,100 --> 00:07:57,580 This also means supporting the high with diplomatically, which contrasted with the British position of supporting sitting Sierra Leonean governments. 64 00:07:57,580 --> 00:08:04,640 The TNC was thus pushed as a mechanism to provide amnesty, which was personally guaranteed to sink a number of times. 65 00:08:04,640 --> 00:08:11,980 Bye bye, Jackson and provided for the long peace agreement signed in July 1999. 66 00:08:11,980 --> 00:08:24,630 After much coercion on the part of on the part of Jackson of the prison of Sierra Leone T-junction back. 67 00:08:24,630 --> 00:08:29,410 In February, February two thousand, Sierra Leone's parliament passed the Truth and Reconciliation Act, 68 00:08:29,410 --> 00:08:33,730 but then a May five hundred U.N. peacekeepers were captured up country, 69 00:08:33,730 --> 00:08:39,220 arguably by IUF dissidents and members of the army formerly aligned to the IRA, 70 00:08:39,220 --> 00:08:48,640 arrested then sorry, members of the of the Sierra Leone armed forces formally aligned with the IUF, 71 00:08:48,640 --> 00:09:01,520 arrested for Sancha and other senior members of the IRA with and handed them over to British forces which had recently been dispatched to the ground. 72 00:09:01,520 --> 00:09:07,560 This caused this caused the US to shift its position again during the US fire 73 00:09:07,560 --> 00:09:11,660 Jackson as its special envoy and shifted its allegiance away from Taylor, 74 00:09:11,660 --> 00:09:19,370 from the Taylor IRF alliance towards the combined government, which requested United Nations assistance in trying to eye with the crimes against the 75 00:09:19,370 --> 00:09:27,130 people of Sierra Leone and for the taking of United Nations peacekeepers as hostage. 76 00:09:27,130 --> 00:09:40,900 Britain ramped up its presence, forced, forced to iuf, forced to iuf back into into effective, unconditional surrender. 77 00:09:40,900 --> 00:09:50,380 And in August 2000. Sorry. Bye bye, 2002. And in August 2000, the Security Council called before that August 2000, 78 00:09:50,380 --> 00:09:57,710 the Security Council call for the establishment of a tribunal to try those who have the greatest responsibility. 79 00:09:57,710 --> 00:10:02,540 But unfortunately, unfortunately for for Britain and France, 80 00:10:02,540 --> 00:10:09,150 the act to create the Truth and Reconciliation Commission had already occurred back in February 2000. 81 00:10:09,150 --> 00:10:14,210 And that and that then when it hit Taylor, 82 00:10:14,210 --> 00:10:21,030 it always had the traditionally had the backing of France was being very much dependent on France and to a lesser extent, 83 00:10:21,030 --> 00:10:30,400 China for political protection. Both of those countries driving large commercial benefit, particularly from the timber industry, from Liberia. 84 00:10:30,400 --> 00:10:38,520 In March 03, the special court indicted twelve zero unions and then later in June also released an indictment of Taylor, 85 00:10:38,520 --> 00:10:44,370 who was subsequently pressured by the US to leave Liberia. 86 00:10:44,370 --> 00:10:52,450 And he did so and did so, finally being transferred to a special court in 2006. 87 00:10:52,450 --> 00:10:59,670 Transitional justice processes have been implemented in geographically and culturally diverse parts of the globe. 88 00:10:59,670 --> 00:11:05,260 The application of human rights things can be problematic, particularly when we pursued through mechanisms such as a court of law, 89 00:11:05,260 --> 00:11:09,790 which has historically been viewed as a tool at the disposal of the executive for 90 00:11:09,790 --> 00:11:13,790 the exertion of state power and those without wealth or political connexion. 91 00:11:13,790 --> 00:11:23,260 I've done it time to go into the historical nature of the way the formal justice system in Sierra Leone as it has been used, 92 00:11:23,260 --> 00:11:29,480 but at almost every transition of power from one party to another, 93 00:11:29,480 --> 00:11:39,430 or whether a coup d'etat takes place, has been some form of a commission of enquiry or criminal proceeding, 94 00:11:39,430 --> 00:11:48,860 which has been used to ostensibly legitimise the incoming government and and criminalise those at that place. 95 00:11:48,860 --> 00:11:54,920 Distrust of such a mechanism was reinforced when its mandate provided effective immunity to U.N. and ECOMOG peacekeepers, 96 00:11:54,920 --> 00:12:00,660 as well as mercenaries and British forces that fought alongside the government and restricted the team for the mandate of the court. 97 00:12:00,660 --> 00:12:04,340 For the second half of the conflict, prosecutorial policy endured, 98 00:12:04,340 --> 00:12:07,370 jurisprudence has been viewed as pursuing the interests of the sitting government 99 00:12:07,370 --> 00:12:12,610 of the day and the court's financial support as the United States and the U.K. 100 00:12:12,610 --> 00:12:19,990 Advocates say this as a truth and reconciliation commission had already been established. 101 00:12:19,990 --> 00:12:22,990 As I said, it went ahead alongside the special court, 102 00:12:22,990 --> 00:12:29,620 a company with the rhetoric of a new transitional justice model and a meagre budget comparatively totalling ten million dollars, 103 00:12:29,620 --> 00:12:34,750 which was subsequently cut to six point seven million in August 2002. 104 00:12:34,750 --> 00:12:41,230 This reflected a shift towards military solution by the two key external players 105 00:12:41,230 --> 00:12:46,030 to conclude the conflict and attribute Yunel to further impose such an outcome, 106 00:12:46,030 --> 00:12:53,230 which was expected to cost more than 400 million dollars were proceedings to conclude this year. 107 00:12:53,230 --> 00:12:57,990 Which doesn't look like the creation and implementation of the Sierra Leonean 108 00:12:57,990 --> 00:13:02,590 CRC constructed normative parameters within which testimony was provided. 109 00:13:02,590 --> 00:13:07,300 League commissioners at the hearings. Bishop Hamper Sidedly Commissioner at the hearings. 110 00:13:07,300 --> 00:13:13,300 Bishop Hunter, in opening remarks, made the telling of truth a prerequisite to healing. 111 00:13:13,300 --> 00:13:22,090 However, in local hearings such as those in TONC Lily District, disputes over what constituted Choying actually deepened distrust and animosity 112 00:13:22,090 --> 00:13:31,150 between those perceived as victims and those perceived as perpetrators. The category of victim and perpetrator was also highly contentious, 113 00:13:31,150 --> 00:13:35,680 with many of those who committed abuses also seeing themselves as social and 114 00:13:35,680 --> 00:13:44,470 economic victims of a corrupt system that was seeking to just the other threat. 115 00:13:44,470 --> 00:13:49,120 The commission has focussed a great deal on the abuses themselves and very little on macroeconomic 116 00:13:49,120 --> 00:13:53,530 climate and the great and the grievances of those who are committing committing abuses. 117 00:13:53,530 --> 00:14:00,850 Testimony of public hearings appear to be informed by the existence of the tribunal with with many believing a secret 118 00:14:00,850 --> 00:14:07,630 tunnel tunnel existed between the two institutions that was geographically located right next door to each other. 119 00:14:07,630 --> 00:14:16,210 The limited funding also made it particularly difficult for investigators to assess the role of key external powers such as Libya and Nigeria, 120 00:14:16,210 --> 00:14:23,320 let alone Britain, France and the UK. Although incapacitated and having to conduct media interviews of compatriots in secret, 121 00:14:23,320 --> 00:14:32,650 it did compile an authoritative account of localised dynamics of the conflict and a broad outline of the issues which caused the conflict to occur. 122 00:14:32,650 --> 00:14:38,080 These two critical aspects of the report drove the findings and recommendations for key stakeholders. 123 00:14:38,080 --> 00:14:43,630 But the recommendations have been viewed as too specific and too numerous criticisms, which came mostly from those. 124 00:14:43,630 --> 00:14:52,310 The recommendations were directed towards particularly the government and multilateral bilateral donors. 125 00:14:52,310 --> 00:14:58,900 So what impact these institutions have on patient Sierra Leone now and in the medium to long term, immediately post-conflict? 126 00:14:58,900 --> 00:15:06,720 These institutions have had a dramatically positive impact that can be seen on the security side, the situation in Syria. 127 00:15:06,720 --> 00:15:12,980 But as I speak last night alluded to a military solution really provides for peace in the long term. 128 00:15:12,980 --> 00:15:17,240 Indeed, many of the recommendations included in the TSA report had been neglected as the 129 00:15:17,240 --> 00:15:22,970 government and human rights groups focussed on attributing blame to individuals. 130 00:15:22,970 --> 00:15:26,450 A case can be made at the international level for incremental steps, 131 00:15:26,450 --> 00:15:31,730 which the special court undoubtedly takes towards a precedent which rejects impunity. 132 00:15:31,730 --> 00:15:37,550 But at what cost? Certainly the precedent may not be helpful in Sierra Leone. 133 00:15:37,550 --> 00:15:42,050 The nature of the tribunal reimposed the structures of power which marginalised certain groups in 134 00:15:42,050 --> 00:15:47,820 Sierra Leone to the extent they felt they had little option but to take up arms against the state. 135 00:15:47,820 --> 00:15:52,460 The nature of hearings before the TSA instructed confession from perpetrators 136 00:15:52,460 --> 00:15:56,630 without public examination of the grievances perpetrators had at the outset. 137 00:15:56,630 --> 00:15:59,990 And outside of and during the conflict, 138 00:15:59,990 --> 00:16:06,170 reconciliation ceremonies conducted by chiefs and religious elders after testimony often allowed a compromise where 139 00:16:06,170 --> 00:16:13,810 perpetrators were requested forgiveness without having to specify what they were requesting forgiveness for. 140 00:16:13,810 --> 00:16:20,360 These ceremonies allowed for a degree of healing, but still imposed the same structures through the same chiefs and elders. 141 00:16:20,360 --> 00:16:25,220 Many youths had originally rebelled against in terms of peace in the long term. 142 00:16:25,220 --> 00:16:31,670 The solution is more detailed in a critical examination of governance and the growing encroachment of the private sector on the state, 143 00:16:31,670 --> 00:16:36,530 as well as localised dynamics of discontent is required. 144 00:16:36,530 --> 00:16:41,840 Transitional justice model needed to include greater focus on the structure and function of the state that interests. 145 00:16:41,840 --> 00:16:46,580 That's the interests that structure and function served and the reform required 146 00:16:46,580 --> 00:16:51,380 for more equitable delivery of social and economic rights to marginalised groups. 147 00:16:51,380 --> 00:16:57,050 As the conflict was just as it was just as much about social and economic as well as civil and political rights, 148 00:16:57,050 --> 00:17:01,160 social SA2 should be transitional justice responses. Last year, 149 00:17:01,160 --> 00:17:06,120 a community based healing initiative called Fambul Talk commenced Fambul Talk is career 150 00:17:06,120 --> 00:17:11,690 off of family talk and provides for reconciliation or forgiveness at village level. 151 00:17:11,690 --> 00:17:18,200 Arguably, such an initiative should precipitate and indeed inform the establishment of other mechanisms. 152 00:17:18,200 --> 00:17:24,270 But certainly the TSC was unable to facilitate such localised discussion and healing. 153 00:17:24,270 --> 00:17:32,810 Formation of transitional mechanisms to complement large military deployments by one party of the conflict needs to be reconsidered. 154 00:17:32,810 --> 00:17:37,250 The potential for transitional processes to contribute to lasting peace is enormous. 155 00:17:37,250 --> 00:17:38,480 For them to be effective, 156 00:17:38,480 --> 00:17:49,130 they must be established on the back for consultation rather than at the discretion of those that support one more party or facilitate negotiations. 157 00:17:49,130 --> 00:17:55,160 Establish the established peace may not be broken by either another armed insurrection, disarmament, 158 00:17:55,160 --> 00:17:59,920 demobilisation and reintegration with some way to curtailing to curtailing that possibility. 159 00:17:59,920 --> 00:18:04,010 But the discontent of disenfranchised youth without access, access to education, 160 00:18:04,010 --> 00:18:09,760 health care and employment remains in the formation of armed criminal gangs of youths. 161 00:18:09,760 --> 00:18:14,930 As this is a foreseeable problem in Sierra Leone in the near future, 162 00:18:14,930 --> 00:18:23,540 and arguably given given recent events in the capital, there are signs it is starting to occur already. 163 00:18:23,540 --> 00:18:27,890 Such armed groups are vulnerable to manipulation by political elites, 164 00:18:27,890 --> 00:18:34,010 and with an economic crisis already causing dramatic increases in the prices of foods of basic foodstuffs. 165 00:18:34,010 --> 00:18:37,160 Youth desperation is on the rise. 166 00:18:37,160 --> 00:18:44,260 The transitional element, transitional justice, is that's brought into question governments and external actors out of focus, 167 00:18:44,260 --> 00:18:47,630 victims attention on the culpability of a narrow group of perpetrators rather 168 00:18:47,630 --> 00:18:51,440 than the underlying causal elements of the conflict and the structures of power, 169 00:18:51,440 --> 00:18:58,160 which these elements are symptomatic, they're off. And can it be said that there has been transition at or more importantly, 170 00:18:58,160 --> 00:19:04,670 can it be said that lasting peace is seriously being pursued with some of the of the lowest socio economic indicators in the world, 171 00:19:04,670 --> 00:19:10,200 including average life expectancy at below 40 years and infant mortality at around 30 percent? 172 00:19:10,200 --> 00:19:14,664 The transition might be difficult. We average Sierra Leonean make up.