The African Union Transitional Justice Policy: Tackling the Legacies of Previous Human Rights Violations, Conflict, and Instability.

By MRCG

The African Union (AU) Transitional Justice Policy is a comprehensive framework designed to guide African countries in addressing the legacies of past human rights violations, conflict, and instability. Established to provide an African-led approach to the pursuit of justice, reconciliation, and healing, this policy focuses on the need for a just and fair transition after periods of political unrest, armed conflict, and authoritarian rule. The policy serves as a critical instrument for AU member states, providing them with guidance on addressing the complex issues associated with transitioning from conflict to peace while ensuring accountability, promoting healing, and fostering long-term stability.

African societies have been navigating transitional processes for decades as they seek to confront the traumas of slavery, colonialism, apartheid, systematic repression, and civil wars. Since the 1990s, transitional justice (TJ) processes have been initiated in several African countries as they endeavour to address the legacies of violent conflicts and/or periods marked by systemic or gross violations of human and peoples’ rights. The AUTJP serves as an African model and mechanism for tackling not only the legacies of conflicts and violations but also governance deficiencies and developmental challenges, aiming to advance the noble goals of the AU’s Agenda 2063, The Africa We Want.

The policy responds to the historical challenges faced by African countries in managing the aftermath of conflict and human rights violations. It acknowledges that political and social transitions are often fraught with difficulties, such as addressing impunity, providing reparations to victims, and rebuilding trust in state institutions. Consequently, the African Union Transitional Justice Policy seeks to establish a comprehensive framework that emphasises the necessity for justice not only through legal avenues but also through restorative measures aimed at rectifying social, political, and economic injustices.

The AU’s Constitutive Act in Article 4(o) demands that disputes be settled amicably, that human life be respected, and that impunity be denounced and rejected. Additionally, Article 4(h) gives the AU broad authority to step in within its Member States when mass atrocities, serious violations of human rights, crimes against humanity, or genocide occur. Oppression is prohibited by Article 19 of the African Charter on Human and Peoples' Rights (ACHPR), which guarantees every person the right to equality.

The first bold step the AU took in addressing transitional justice (TJ) with its Member States was the appointment of the AU High-Level Panel on Darfur (AUPD) to consult with various stakeholders in Sudan and provide recommendations for fostering peace, social healing, reconciliation, justice, accountability, and combating impunity. While it specifically addressed the situation in Darfur, the 2008 AUPD report offered broader suggestions for integrated TJ and reconciliation responses applicable to Africa as a whole, emphasising the importance of robust national procedures and principles for establishing special courts alongside truth-seeking and reconciliation initiatives. The AU Peace and Security Council endorsed this significant AUPD report on 29 October 2009.

The mandate of the AU for developing the policy additionally builds on recommendations and decisions of relevant AU bodies. The AU’s Agenda 2063 made a declaration to end all wars in Africa by 2020, and the AUPD report, which outlines key TJ principles relevant to Africa, foretold the importance of an African TJ policy. The AU Panel of the Wise report,

“Non Impunity, Truth, Peace, Justice, and Reconciliation in Africa: Opportunities and Constraints” recommends developing and adopting an African policy framework on TJ. The AU Assembly decision on the theme of the January 2011 Summit: Towards Greater Unity and Integration through Shared Values called on the AU Commission (AUC) to ensure greater synergy between the shared values on human rights, governance, democracy, development, and peace and security.

Furthermore, the AU Assembly decision that declared “2014–2024 as the Madiba Nelson Mandela Decade of Reconciliation in Africa” calls on the AUC, in collaboration with Member States, to take appropriate measures to promote reconciliation as a means of securing peace, stability and development in Africa, as well as to promote lessons learnt from Nelson Mandela’s indelible legacy in the areas of truth, reconciliation and peacebuilding.

One of the primary objectives of the African Union Transitional Justice Policy is to promote accountability for past atrocities, human rights abuses, and violations of international law. By ensuring that those responsible for serious crimes such as genocide, war crimes, and crimes against humanity are held accountable, the policy aims to strengthen the rule of law and establish a foundation for enduring peace. Accountability mechanisms may include judicial proceedings, truth commissions, and other forms of legal processes that assist in identifying and prosecuting perpetrators while ensuring a fair and transparent process.

The policy strongly emphasises addressing the needs of victims of human rights violations. It advocates for a victim-centred approach that prioritises justice, recognition, reparations, and healing for individuals and communities who have suffered. This includes providing compensation, memorialising past atrocities, offering psychological support, and involving victims in the transitional justice process to ensure their voices are heard.

One key policy objective in post-conflict societies is to rebuild and strengthen state institutions, particularly the judiciary, security forces, and human rights mechanisms. The AU acknowledges that trust in these institutions is often significantly eroded during periods of conflict or authoritarian rule. Consequently, transitional justice mechanisms are intended to restore public trust through reforms, training, and capacity-building efforts. Reinstating confidence in public institutions is regarded as essential to preventing future conflicts and ensuring that citizens feel protected and represented by the state.

The policy promotes national reconciliation and social cohesion as central objectives of the transitional justice process. Given the deep divisions that frequently arise in post-conflict societies, the African Union aims to foster a spirit of reconciliation through inclusive dialogue, truth-telling, and collective healing efforts. The intention is to create a space for various segments of society to acknowledge the past, share experiences, and participate in the process of rebuilding relationships. This is vital for preventing social fragmentation and ensuring that communities can advance in unity.

Strengthening the rule of law is central to the objectives of the AU Transitional Justice Policy. This objective involves reforming justice institutions to ensure they are fair, independent, and accessible. Ensuring that laws are respected and applied equitably is seen as a cornerstone for preventing future conflict and fostering long-term peace. The policy advocates for institutional reforms that ensure justice systems are transparent, inclusive, and capable of addressing the grievances of all citizens.

As outlined in the policy, a core objective of transitional justice is to prevent the recurrence of violence and conflict. The AU aims to achieve this by addressing the root causes of conflicts, including social, political, and economic inequalities while dismantling impunity systems. The AU hopes to lay the foundation for sustainable peace and stability on the continent by confronting past wrongs, ensuring justice for victims, and addressing underlying grievances.

The African Union recognises the importance of regional and international cooperation in supporting transitional justice efforts. In this context, the AU works closely with other regional bodies, such as the Economic Community of West African States (ECOWAS), and international organisations, such as the United Nations and the International Criminal Court (ICC), to support and coordinate efforts to ensure justice for victims of past atrocities. This collaborative approach is essential in fostering a broader international commitment to justice and peace on the continent.

The African Union Transitional Justice Policy aims to provide AU member states with practical guidance on implementing transitional justice mechanisms in their own contexts. The policy outlines best practices, principles, and strategies for designing and implementing transitional justice processes tailored to each country’s specific needs. This flexibility allows states to adapt the policy to their unique sociopolitical and historical contexts while ensuring that the underlying objectives of justice, reconciliation, and peace are met.

The Sierra Leone context:

Sierra Leone’s history has been deeply marked by a brutal civil war (1991-2002) that led to significant human rights abuses, including widespread killings, amputations, sexual violence, and the use of child soldiers. The war was fueled by complex political and economic factors, with rebel groups such as the Revolutionary United Front (RUF) fighting against the government, while also exploiting the country’s diamond resources.

Key Transitional Justice Issues and Events in Sierra Leone:

End of the Civil War and Peace Agreement (2002): The war officially ended in 2002 after a peace agreement brokered by the United Nations and the international community. However, the country was left with a shattered social fabric, widespread trauma, and a need for justice.

Truth and Reconciliation Commission (TRC): Established in 2002, the TRC aimed to uncover the truth about the atrocities committed during the civil war. It operated for three years, gathering testimonies from victims and perpetrators alike. The TRC’s final report, published in 2004, acknowledged the horrors of the war but also emphasized the need for reconciliation and forgiveness for lasting peace.

Special Court for Sierra Leone (SCSL): The SCSL was established in 2002 by the Sierra Leone government and the United Nations to prosecute individuals who bore the greatest responsibility for war crimes and crimes against humanity. The court convicted several key figures, including former RUF leader Foday Sankoh, and former Liberian President Charles Taylor, who was sentenced to 50 years for his role in aiding the RUF. Taylor’s trial, held in The Hague, became a landmark case in international justice.

Challenges of Accountability and Justice: While the TRC and SCSL were instrumental in addressing past atrocities, many have critiqued the limited scope of accountability. The SCSL only prosecuted a few key individuals, leaving many perpetrators of war crimes unpunished. Furthermore, the TRC’s emphasis on reconciliation sometimes clashed with the victims’ desire for justice and punishment.

Displacement and Victim Rehabilitation: Millions of people were displaced during the conflict, and many survivors, particularly women and children, faced severe physical and psychological trauma. Efforts to address their needs, such as compensation programs, counseling, and reintegration initiatives, were slow and underfunded, leading to continued marginalization and disenfranchisement.

Post-war Social and Economic Recovery: The war devastated Sierra Leone’s infrastructure and economy. Reconstruction efforts have faced ongoing challenges, with corruption, inadequate resources, and political instability hindering long-term recovery. Economic inequality and poverty remain significant barriers to sustainable peace.

Ongoing Social Divisions: Although Sierra Leone has made strides in post-war recovery, divisions persist along ethnic, political, and regional lines. There remains a need for broader social cohesion, especially as young people who grew up during the war come of age without having experienced full peace.

The AU Transitional Justice Policy is an important framework designed to help African nations navigate the complex process of addressing the legacies of past human rights violations, conflicts, and periods of authoritarian rule. Its establishment reflects an African-led approach to justice, reconciliation, and healing, emphasizing the importance of ownership in shaping solutions that resonate with the unique socio-political contexts of African countries.

In the context of Sierra Leone, the AU Transitional Justice Policy offers an essential guide for addressing the deep-rooted legacies of the country’s brutal civil war (1991-2002), which caused widespread suffering and destabilization. The policy's principles, when applied to Sierra Leone, can help the country address its past and move toward long-term peace, reconciliation, and social cohesion.

Relevance of the AU Transitional Justice Policy to Sierra Leone:

Contextualizing African Solutions: The AU’s policy provides an African-centred approach that is particularly relevant to Sierra Leone, as the country’s history is shaped by local dynamics, including ethnic tensions, regional disparities, and the exploitation of natural resources, such as diamonds, during the civil war. By adopting the AU framework, Sierra Leone can ensure that its transitional justice processes are grounded in the cultural, political, and historical realities of the country, rather than relying solely on external models.

Holistic Approach to Justice and Reconciliation: The AU Transitional Justice Policy emphasises the need for a comprehensive approach to justice that blends judicial accountability, truth-telling, reparations, and institutional reform. In Sierra Leone, the TRC already provided a forum for truth-telling and reconciliation, but there remains an ongoing need to address the structural causes of the conflict and the social divisions that persist. The AU framework supports a balanced and inclusive approach that not only focuses on individual accountability but also seeks to address broader societal issues, including healing, rebuilding communities, and ensuring that justice processes promote peace rather than further division.

Addressing the Needs of Victims: One of the key principles of the AU Transitional Justice Policy is the recognition and redress of the needs of victims. In Sierra Leone, the civil war left many victims of sexual violence, forced labor, displacement, and other atrocities. While programs to assist victims have been developed, many survivors still face challenges, including inadequate healthcare, psychological support, and economic empowerment. The AU policy stresses the importance of victim-centred approaches, ensuring that transitional justice processes are responsive to the rights and needs of victims, including appropriate reparations and support for their recovery.

Promoting Accountability and the Rule of Law: The Special Court for Sierra Leone (SCSL), established in 2002, was a key mechanism for holding those responsible for the worst crimes during the civil war accountable. However, the limited scope of prosecutions and the focus on high-profile individuals left many perpetrators unpunished. The AU Transitional Justice Policy advocates for broader, context-specific mechanisms of justice that may include local and community-based processes, alongside international tribunals. In Sierra Leone, this could mean strengthening domestic institutions and fostering a culture of accountability at all levels of society, including the military, police, and political spheres.

Institutional Reform and Capacity Building: Sierra Leone’s post-war recovery has faced challenges in rebuilding its institutions, such as the judiciary, police, and political systems. The AU policy emphasises the importance of institutional reforms to promote justice, human rights, and democratic governance. This is crucial in Sierra Leone, where corruption, weak institutions, and a lack of public trust have hindered development. By supporting reforms in key sectors, the AU framework can contribute to a more just and equitable society, where the rule of law is upheld, and human rights are protected.

Regional Cooperation and Solidarity: The AU policy promotes regional cooperation and solidarity in the transitional justice process, recognising that many African countries share similar challenges in post-conflict settings. For Sierra Leone, this could mean leveraging regional partnerships to share experiences, strengthen regional mechanisms for human rights protection, and ensure that the country’s efforts at reconciliation and healing are supported by its neighbors and the broader

African community. It can also provide opportunities for Sierra Leone to learn from the experiences of other nations on the continent that have gone through similar transitions.

Sierra Leone’s transitional justice efforts have been a mix of success and frustration. The TRC and SCSL were significant steps toward confronting the past, but challenges remain in ensuring comprehensive accountability, healing, and rebuilding the country’s social and economic fabric. The ongoing struggle to address the needs of victims and prevent future violence continues to shape the nation’s trajectory.

The AU Transitional Justice Policy offers a critical and relevant framework for Sierra Leone as it continues to navigate its post-conflict recovery and healing. By adopting an African-led, context-specific approach, Sierra Leone can address its past injustices, foster national reconciliation, and build sustainable peace. The policy’s emphasis on justice, reconciliation, victim support, institutional reform, and regional cooperation aligns well with Sierra Leone’s ongoing efforts to overcome the legacies of its devastating civil war. However, the success of these efforts will depend on the country’s political will, adequate resources, and the active participation of all stakeholders, including victims, civil society, and the international community.

The African Union Transitional Justice Policy represents a vital step in the continent’s ongoing efforts to address the legacies of conflict, promote human rights, and build peaceful, democratic societies. By prioritising justice, accountability, victim-centred approaches, and reconciliation, the policy provides a comprehensive framework for African countries to navigate the intricate process of healing and rebuilding in the aftermath of conflict. As Africa continues to confront the challenges of post-conflict transitions, the AU Transitional Justice Policy serves as an essential tool for ensuring that the continent’s commitment to justice, human rights, and enduring peace is realised.