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TORONTO, December 3, 2003 – An international conference at York University, which runs Thursday, Dec. 4 to Saturday, Dec. 6, will examine ways of ending impunity for the perpetrators of crimes against humanity and obtaining justice for the victims of atrocities.
The three-day conference, Searching for Justice: Comprehensive Action in the Face of Atrocities, will bring together scholars, heads of NGOs, human rights activists and government representatives to discuss issues relating to accountability trials, truth commissions, reparations and institutional reform. Participants have been invited from every region of the world, from such countries as Sierra Leone, Rwanda, Burundi, South Africa, Bangladesh, Sri Lanka, Mexico, Peru, Slovenia, Afghanistan, Lebanon as well as Canada and the United States.
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WHO: |
Scholars, heads of NGOs, human rights activists and parliamentarians |
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WHAT: |
International conference examining justice for victims / accountability for perpetrators of genocide |
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WHEN: |
Thursday, Dec. 4 to Saturday, Dec. 6 |
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WHERE: |
York University, Osgoode Hall Law School, 4700 Keele Street (Saturday in Founders College) |
**Panel abstracts attached. Media are invited to attend. Agenda and conference papers located at: www.yorku.ca/remedies. For a campus map and directions: please visit: www.yorku.ca/yorkweb/maps/index.htm.
For more information, or to arrange an interview (including in French), please contact:
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Ken Turriff |
Sharryn Aiken |
Anne Molgat Conference Assistant York University Cell: 416-871-6022
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YU/145/03
Panel Abstracts -- Searching for Justice: Comprehensive Action in the Face of Atrocities
Thursday, Dec. 4
8 – 9:30 p.m.
Searching for Justice: Northern and Southern Perspectives
Alex Neve, Secretary General, Amnesty International
“Canada and the Struggle against Impunity: Leadership Abroad, Reluctance At Home” -- While Canada is deservedly recognized as a champion of important new global initiatives which will help shatter the impunity that lies at the heart of cycles of violence and human rights abuses around the world, its domestic record is less stellar. Canada must ensure that justice prevails in the face of serious human rights violations at home as well as abroad.
Louis-Marie Nindorera, Burundi program director, International Human Rights Group (campaigned to have International Criminal Tribunal for Rwanda include crimes in Burundi)
“Popular participation in the management of post-conflict justice processes” -- Societies where mass killings and impunity, perpetrated for decades (such as in Burundi) have left a legacy of terror and a culture of self-censorship. Tackling impunity is not only about how fair decisions are made, but also the capacity to gain popular participation in the political process which leads to a fair decision.
José Guevara Bermúdez, coordinator, Human Rights Program, Iberoamericana University, Mexico City
“A Campaign against Impunity in Latin America” -- The campaign in Latin America by the Coalition for an International Criminal Court in Mexico, highlighting key gaps and challenges in the region.
Also presenting: Iris Almeida, Rights and Democracy, Canada (moderator); Sara Hossain, Supreme Court of Bangladesh.
Friday, Dec. 5
9:30 – 10:45 a.m.
Accountability Trials Panel
an overview of various types of trials including international courts and tribunals, universal jurisdiction trials, as well as domestic criminal and civil trials including immigration remedies;
Emmanuel Rukangira, General Advocate, Supreme Court, Rwanda (participated in reform of Rwandan laws governing prosecution of crimes against humanity and genocide)
The creation of the International Criminal Tribunal for Rwanda (ICTR) and the fight against the culture of impunity of the Rwandese courts. The presentation will address the application of new laws governing prosecution of crimes against humanity and genocide by Rwandan courts and tribunals, the prosecution of crimes of genocide by the ICTR, and the application of universal jurisdiction for judging Rwandan genocide trials by Belgian tribunals.
Naomi Roht-Arriaza, professor of law, University of California, Hastings College (author of forthcoming book, The Pinochet Effect: Transnational Justice in a Global Age)
The use of transnational criminal investigations, indictments and (occasionally) trials, in cases involving genocide, crimes against humanity, torture, war crimes, and other gross violations of human rights, especially the Pinochet case and tensions between national and transnational investigations.
Also presenting: Élise Groulx, International Criminal Defence Attorneys Association (moderator/discussant); Benoît Henry, Criminal Lawyer, Shadley Battista, s.e.n.c., Canada.
11 a.m. – 12:15 p.m.
Truth Commissions and other Truth Seeking Mechanisms Panel
an overview of the various mechanisms and their effectiveness;
Javier Ciurlizza, former executive secretary, Truth and Reconciliation Commission of Peru
The Peruvian experience re: the design, implementation, development and management of a truth commission, including references to the main criteria adopted to conduct research on massive human rights abuses and international law violations, as well as how Peruvians built concepts of justice, consistent patterns, responsibility attribution, and legal due process into the proceedings of the commission.
Nwanneakolam ‘Vwede-Obahor, researcher, Truth and Reconciliation Commission of Sierra Leone
Sierra Leone posits a significant scenario for examining accountability mechanisms presently and variously applied the world over as response to war crimes. Various variables that are political, socio-cultural and economic in nature lend themselves to different accountability mechanisms and their consequent results. Thus, the development of “universal” guidelines or models must factor in these variables for relevance to persons (victims) and countries, and possible application towards ensuring accountability for war crimes.
Also presenting: Priscilla Hayner, International Centre for Transitional Justice, New York (moderator/ discussant); Juanita Westmoreland-Traoré, Judge, Cours de Québec, Canada.
1:45 – 3 p.m.
Reparations Panel
a discussion on reparations of a rehabilitative, symbolic, restorative and compensatory nature;
Carla Ferstman, legal director, REDRESS -- an international NGO based in the U.K. which assists victims of torture
“Reparation for Violations of Human Rights and Humanitarian Law: Procedures and Practices of International Criminal Courts/Tribunals” -- how international criminal courts and tribunals have dealt with the issue of reparations and what the impact has been for victims.
Moses Oupa Makhalemele, researcher, Centre for the Study of Violence and Reconciliation, South Africa
The various issues associated with the Truth and Reconciliation Commission in South Africa, including: recommendations versus government promises; the organization and feelings of victims; where NGOs and the South African public stand on reparations; what victims and NGOs are doing in response to the government’s offer of monetary compensation.
Also presenting: Thordis Ingadottir, Project on International Courts and Tribunals, New York University (moderator/discussant); Heike Niebergall, senior legal officer, International Organization for Migration, Germany.
3:15 – 4:30 p.m.
Institutional Reform Panel
will examine issues such as establishing new institutions to achieve accountability, passing legal and constitutional reforms to prevent human rights violations, vetting abusers from public institutions, and implementing human rights training programs for law enforcement officials;
Dean Zagorac, journalist, member of Amnesty International’s Working Group on Impunity and Universal Jurisdiction, former chairperson of Amnesty International Slovenia
“Lustration: Vetting Abusers from Public Institutions to Ensure a Faster and More Profound Transition to Democracy” -- Soon after the fall of communist regimes in Central and Eastern Europe in the early 1990s, the question of how to deal with those individuals in public office and responsible for human rights violations in the previous regime emerged. Although “lustration” can have positive effects on democratization process in a transitional society, it can also be a controversial procedure in that it can apply the principle of collective responsibility, it can cause discrimination on the basis of political conviction, and it can violate the principle of a ban on retroactivity.
Carolyn Patty Blum, professor of law emeritus , University of California, Berkeley
The presence of human rights abusers in the United States raises crucial issues about the development of a range of appropriate mechanisms to hold these people accountable for the abuses. One vexing issue has been the use of deportation mechanisms to remove abusers from the country. Historically, human rights advocates have been highly critical of the failure to implement human rights and refugee rights protections within domestic immigration systems. However the appeal to these systems raises particularly complicated questions for advocates. Questions of exclusion from refugee status and protection from torture will be addressed.
Also presenting: Fiona McKay, Lawyers Committee for Human Rights, U.S. (moderator/ discussant); Ahmed Ziauddin, Faculty of Law, Catholic University Brussels, Belgium.
4:45 – 6 p.m.
Making Transitional Justice Strategies More Effective
a discussion of the inter-connections between the four themes of accountability, engaging critical issues and challenges addressed in previous panels.
Priscilla Hayner, International Centre for Transitional Justice, New York
Transitional justice focuses on mechanisms for dealing with the past: criminal trials, fact-finding initiatives, reparations measures, and institutional reform. The sequencing and inter-relationships among these mechanisms is a critical issue for policymakers. The relationship between mechanisms should be complimentary not conflictual and be sequenced in a manner that helps preserve and enhance democracy and peace. Although the scale of past abuse may make it tempting to try to resolve all grievances and issues at once, experience suggests that gradualist approaches tend to be more effective in both the short and long term.
Louis Bickford, International Centre for Transitional Justice, South Africa
The field of transitional justice – i.e. confronting the legacy of past human rights abuses – has benefited greatly from the cross-regional exchange of ideas, information, knowledge, and experiences. This presentation will examine ways in which transitional justice strategies, including truth-telling and domestic level prosecutions, have been enhanced and made more effective through cross-regional discussions. The presentation will also discuss the ways in which the transitional justice paradigm has been imported/exported in problematic ways, and will address the question of “murky” transitions, and the usefulness of the paradigm in those cases.
Also presenting: Avril McDonald, TMC Asser Institute for International Law, The Hague (moderator).
