Saturday, February 23, 2013

Reparations in the Midst of Violence: Impractical Solution or Opportunity for Peace?

Recent goings-on in Ituri (Democratic Republic of Congo) have brought to light an issue at the forefront of the study of transitional justice. Reparation, or the compensation of victims of human rights abuses, war crimes, and mass atrocities, is a key component of the process by which a community or state deals with the past in order to pave the way for a peaceful future. Reparations are not meant to erase the past, nor are they meant to assuage victims and their families in the name of "moving on." But reparations must be addressed and disseminated in a timely and appropriate manner by the responsible parties to the entitled victims. The process by which reparations are awarded is lengthy and arduous. It can also be dangerous given that both victims and perpetrators are often brought to the witness stand to get at the truth of what has happened and the extent to which victims are entitled reparations and perpetrators are guilty.

Read the short report by the ICTJ on reparations for crimes committed by Congolese state military members:
International Center for Transitional Justice: Reparations in the DRC

In the DRC, particularly in the North Kivu provence, trials of rebel leaders, state military officers, and other perpetrators are ongoing, even as the conflict in the region rages on. One might wonder whether it is practical and cost-effective to hold trials and truth commissions in the midst of a conflict that is ongoing. I argue that, while the logistics of holding such trials and, as is mentioned in the article, the feasibility of enforcing the outcomes of trials, are difficult to achieve, the visible presence of justice in an area struggling to reach peaceful settlements is paramount to the overall transition period between conflict and peace. The importance of enforcing the reparations policies in the DRC is not only material (and the material aspect cannot be over-emphasized), but also immaterial. Follow-through on the part of the national government to recognize victims and secure for them the care and dignity to which they are entitled, sends a strong message to the entire country that the government acts in pursuit of justice, rather than pursuit of supporting the "winning side," regardless of whether or not that "winning side" belongs to rebels, warlords, and/or rogue members of the Congolese state military. Reparations then become symbolic as well as material, practical for the recovery of victims, as well as ideologically important for those communities that remain the last bastions of non- or anti-rebel territory. In this particular case, they also send a strong message to Congolese citizens that the Congolese national military is not immune to the law and will be held accountable for the crimes its members commit.


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