As regards pre-transition justice
mechanisms, it can be seen in
Table 10 that there were not
many meaningful differences
between Africa and the World,
with both amnesties and
domestic criminal prosecutions
dominating.
Table 10: Pre-transition justice mechanisms, Africa
compared to the rest
Amnesty
Truth Commission
Domestic Criminal Prosecutions
Civil Trials
Foreign criminal prosecutions
Reparations
Vettings
World
89.3%
10.7%
71.4%
3.6%
7.1%
0.0
7.1%
Africa
84.2%
5.3%
73.7%
0
10.5%
0
5.3%
Here the point made earlier stands: that amnesties were aimed at securing the transition and
domestic criminal prosecutions were dealing with threats to the state and not transitional
justice issues.
Table 11: Post-transition justice
mechanisms, Africa compared to
the rest
Amnesty
Truth Commission
Domestic Criminal Prosecutions
Civil Trials
Foreign criminal prosecutions
Reparations
Vettings
Customary justice
World
75%
28.6%
89.3%
3.6%
14.3%
14.3%
35.7%
7.1%
Africa
78.9%
36.8%
89.5%
10.5%
21.1%
36.8%
36.8%
5.3%
Again there were few meaningful
differences between the two groups in
respect of post-transitional justice
mechanisms, apart from a greater
frequency of both reparations and
foreign criminal prosecutions for the
countries in the African sample. Here
the prosecutions of Charles Taylor,
President Omar al-Bashir, and, most
recently, Hissène Habre.
Thus, overall there are virtually no differences in transitional justice mechanisms between the
two groups compared here. The differences are rather in the political domain. African
countries in this sample were more likely to have emerged from an authoritarian regime
based on a single individual, the “big man” of common political discourse on Africa, for this
person to have negotiated a transition, and ensuring amnesty, but very few have reached the
status of Free on Freedom House‟s Democracy Index. This would suggest for African
countries that factors other than transitional justice processes need to be addressed in order
for full democracy to be attained after authoritarian rule. Here it may be speculated that the
growing literature on the persistence of liberation movements may be helpful (Southhall.
2013), as well as more careful attention to the nature of the political settlements that
accompanied the transition (Bratton. 2014; Menocal. 2015). It seems probable that both these
sets of factors are highly interactive, and that liberation movements tend not to create the
kinds of inclusive governance processes needed for a developmental and democratic state.
Given these findings, it seems that examining states according to their freedom status might
give a better understanding about the contribution of transitional justice mechanisms.
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