those countries, Russia excepted, to the West. Neither of these factors is seen in the African
countries in this sample. Additionally, the persistence of the ideology behind armed liberation
struggle seems to be a factor inhibiting the progress to democracy (Way. 2011).
Thus, it seems fair to conclude that transitional justice mechanisms as a whole are possibly a
necessary but not sufficient condition in the movement from authoritarian to democratic
governance.
4.6 Qualitative Findings
Using the findings from the quantitative analysis and the literature, brief descriptions of each
transitional justice mechanism and their use are provided in the sections that follow.
4.6.1 Amnesties
As was noted in the above analysis, and was well-described by Olsen et al (Olsen, Payne &
Reiter. (2010), amnesty is by far the most common form of the transitional justice
mechanisms applied across the world.
Generally, in transitional justice amnesties play two unrelated roles. As Stan and Nedelsky
noted:
“On the one hand, amnesty may be understood as a legal mechanism providing
redress to victims of repressive regimes and human rights violations by releasing
them from prison, cancelling the charges brought against them, and even annulling
their court sentences”, and, “On the other hand amnesties are more commonly
understood as an instrument for granting immunity and/or pardon to perpetrators of
crimes under repressive regimes” (2013:109).
Hence, amnesties in pre-transitional states are different especially from other accountability
mechanisms such as truth enquiries, documentation and prosecutions that can be applied
where the end to conflict is nowhere in sight. Some amnesties are a sine qua non (condition)
that triggers transition and that enables political transition to happen. As a result most pretransition states are tempted to dice amnesties to enable other transitional justice processes.
By way of illustration, successful pre-transition amnesties includes the famous amnesty in
South Africa, “resulting from a gentleman‘s agreement between Nelson Mandela and de
Klerk, later confirmed in the postamble of the interim constitution, not to prosecute those
responsible for the crime against humanity of apartheid.”(Schabas. 2012:180) Another apt
example is Sierra Leone, in August 2003, with Charles Taylor agreed to leave power on
condition of an amnesty and seeking asylum ending the bloody war.
But a caveat is important at this stage. Amnesties can also be abused or used as a means to
frustrate accountability. Although amnesty serves the important transitional justice goal of
reconciliation, it may clash with other goals such as adjudicating on retributive justice or
truth seeking. Hence, granting amnesties is a transitional justice approach that should be
carefully balanced against other transitional justice goals and accompanied by a range of
other methods (for instance, truth commissions) that may address the many shortcomings of
amnesties.
However, as accountability mechanisms, amnesties can be problematic and are often
challenged. There is no consensus among academics on the validity of amnesties in
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