Fathima Azmiya Badurdeen & Anuradha Gunerathne

Presentation Outline
Introduction
Exploring the link Transitional Justice and
Durable Solutions
The background context
Analysis
Conclusion
Introduction
Transitional Justice as a problematic and confused
concept
The central question - how can transitional justice
mechanism such as reparation programmes facilitate
the economic, social and political integration or re-
integration of internally displaced persons in their
respective geographic localities?
The rationale for using the two cases Sri Lanka and
Kenya
Linking Transitional Justice and
Displacement
United Nations, 2004:4) defines transitional justice as:
the full range of processes and mechanisms associated
with a societys attempts to come to terms with a legacy
of large-scale past abuses, in order to ensure
accountability, serve justice and achieve reconciliation
These may include both judicial and non-judicial
mechanisms, with differing levels of international
involvement (or none at all) and individual
prosecutions, reparations, truth-seeking, institutional
reform, vetting and dismissals, or a combination
thereof.
A durable solution is achieved when internally
displaced persons no longer have any specific
assistance and protection needs that are linked to their
displacement and can enjoy their human rights
without discrimination on account of their
displacement.
IASC Framework on Durable Solutions for Internally
Displaced Persons states that Finding durable
solutions is about restoring the human rights of IDPs,
which entails the right to reparation, justice, truth and
closure for past injustices through transitional justice
or other appropriate measures (p. 8). The framework
further argues that, remedies for human rights
violations associated with displacement can impede
the process of attaining durable solutions. As the
absence of such remedies can risk further
displacement, lead into a futile reconciliation process
and result in injustice for the displaced (United
Nations, 2004: 4-12).
The Sri Lankan and Kenyan Context
There were several waves of displacement in Sri Lanka
as a result of the 26-year-old war.
The post-war period provided opportunities to address
displacement and had seen the return of 480,000
persons to their homes and communities aided by the
government and international humanitarian agencies.
A top-down process, lacked IDP participation
the absence of comprehensive legislation on IDPs
The NPA LLRC, NHRAP
In Kenya
election-related conflict since 1991 has resulted in
political violence or ethnic clashes resulting in waves
of displacement in Kenya
The 2007 election violence left over 1500 people killed
and approximately 300,000 displaced
Over a period of 1991-2007 state sponsored or state
condoned violence resulted in 4000 deaths and a
displaced population of 600,000.
Among which 350,000 people sought refugee in 118
camps and 313,921 people chose to seek refuge within
communities (KNCHR, 2012).
Kenyan Context Cont.
The aftermath of the 2007 post election violence
received considerable attention from the international
community and emphasis was placed on coordinated
approach by the government and other local
international bodies to find durable solutions for the
displaced.
One outcome has been the Kenyan National Dialogue
and Reconciliation Agreement signed by the two
major political groups
humanitarian fund to mitigate effects of displacement
through which the displaced were given compensation
of Kenya shillings 10,000-25,000
the National Cohesion and Integration Commission
The International Crimes Act (2008)
The draft National Policy on the Prevention of Internal
Displacement and the Protection and Assistance to the
Internally Displaced Persons
District Peace Committees
Truth, Justice and Reconciliation Commission (TJRC)
Kenyan Context Cont.
Analysis
The context of displacement as violence
Lapses of durable solutions for the displaced
The right to return, integrate or relocate
Draft National policy on displacement
Understanding victims priorities in displacement
Complexities in land issues
IDP profiling
Source ICTJ Kenya
Understanding Victims Priorities
Source ICTJ Kenya
Victims priorities - camps
Source ICTJ Kenya
Conclusion
Integration/re-integration into communities
The need for collaborative, long term approaches
Thank you