BA Thesis: Conflict Resolution by Implementing a Truth- and Reconciliation Commission in Côte d’Ivoire? Ex-Ante Evaluation and Assessment

Abstract:

Background and Objectives of Study

It is especially a phenomenon of the second half of the 20^th century that societies all over the world have overthrown dictatorships and toppled other totalitarian regimes – especially in Latin America, East Europe, the former Soviet Union, Africa – initiating a phase of transition towards free­dom and democracy. One elementary political and ethical question that results from such radical upheavals and with which such societies are confronted is how to deal with the lega­cies of repression and illiberal rule. As societies look back, try to understand a collec­tive fail­ure and to find solutions for dealing with a period of violence, they will have to deal with fun­damental issues in the areas of law, politics and morality such as the deficits in the rule of law and democratic governance and justice in order to reach sustainable peaceful co­existence and reconciliation. The necessity to resolve such questions and issues led to the de­velopment of the concept of transitional justice which has grown during the last decades to a normalized and globalized form of intervention in post-conflict situations in which such is­sues often tended to remain unsolved.[1] Recent upheavals in the Arab World and in Côte d’Ivoire (CI) show the importance and necessity of transitional justice as the countries already are confronted with the societies’ requests of how to deal with the legacies of the former re­pressive regimes. While there are several judicial approaches of transitional justice, Truth and Reconciliation Commissions (TRC) represent one non-judicial concept which became more and more prominent during the last decades and which was already announced to be imple­mented by the new president of CI, Ouattara.

This study discusses approaches of transitional justice in the context of the post-conflict situa­tion of Cote d’Ivoire (CI). In a first chapter, the theoretical context and fundament of transi­tional justice is reviewed and in a second part the non-judicial approach of a TRC will be dis­cussed in the context of CI. Particularly it will be assessed to what extent, under which condi­tions and in which forms a TCR, can be established so that it achieves most effect and impact on reconciliation of the society by working up atrocities of the past civil war.[2]

 

Table of Contents:

1.	Background and Objectives of Study	5
	1.1       Defining Transitional Justice	5
	1.2       Historic Perspective on Transitional Justice	6
	1.3       International Law, the Rule of Law and Transitional Justice	7
2.	Approaches of Transitional Justice	8
	2.1       Judicial Approaches of Transitional Justice	9
	2.1.1    Domestic Courts	9
	2.1.2    International Ad Hoc Tribunals	10
	2.1.3    Hybrid Courts	11
	2.1.4    The International Criminal Court (ICC)	12
	2.2       Non-Judicial Approaches of Transitional Justice	14
	2.2.1    The Truth- and Reconciliation Commission	14
	2.2.2    The Gacaca Tribunal	15
3.	Conflict Resolution in Côte d’Ivoire by Implementing a TRC: Ex-Ante Evaluation and Assessment	17
	3.1       Overview on Côte d’Ivoire and Recent Developments	17
	3.1.1    Recent Developments	17
	3.1.2    Historic Background	18
	3.2       The Côte d’Ivoirian Commission of Inquiry 2004	21
	3.3       The Suitability of a Truth- and Reconciliation Commission	21
	3.4       A TRC’s Contribution to Justice: Recommending Judicial Reforms and   the Promotion of the Rule of Law	23
	3.4.1    Promoting The Role of a New Rule of Law and its Importance	23
	3.4.2    Recommending Judicial Reforms	24
	3.5       An Amnesty Law in CI? Assessing Potential Benefits and Risks	25
	3.6       Promoting Reparatory and Restorative Justice	28
	3.6.1    Reparations and Acknowledgement	28
	3.6.2    Broad Acceptance of the ‘Truth’	30
	3.7       Public Involvement as Essential Ingredient in Establishing a TRC	31
	3.8       Bringing Opposition Parties together by Cohesion Instruments	32
	3.9       Balancing Structural Inequalities	33
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4.	Potential Risk Factors Preventing a TCRs’ Reconciliatory Impact	34
	4.1       Political Risk Factors	34
	4.2       Military Risk Factors	34
	4.3       Socio-economic Risk Factors and the Problem of “Ivoirité”	35
5.	The Role of Third Parties: Critical Assessment and Prospect	36
	5.1       The Former Colonial Power France	36
	5.2       The Economic Community of West African States	37
	5.3       The United Nations	38
	5.4       The African Union	41
6.	Conclusion and Prospect	43
7.	List of References	46

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[1] Cf. Okello (2010: 273 – 284)

[2] Cf. Overview 1: Structure of the Thesis and Individual Links for a line out of the study concept