TRANSITIONAL JUSTICE AND THE AFRICAN UNION TRANSITIONAL JUSTICE POLICY 2019

Abstract

The African Union Transitional Justice Policy (AUTJP) 2019 was designed as a continental guide to member States of the African Union (AU) in the design and implementation of transitional justice. Before its adoption, different member States that have implemented transitional justice programmes supposedly modelled their approach after the international concept of transitional justice. The AUTJP is innovative and groundbreaking, being the first of its kind globally and incorporating principles on African transitional justice mechanisms. Thus, it would seem that the AUTJP provides a template which will assist member states in domesticating and contextualising transition justice against the background of their own experiences and the peculiarities of the African continent. While the Policy incorporates provisions on conventional principles of transitional justice, such as justice and accountability, victim-centred approaches and political and institutional reforms, it differs significantly in its interpretation of some of these principles. Given that over the years, the implementation of transitional justice by African States seems to relatively conceptualise transitional justice and the emphasis on cultural specificity and traditional justice mechanisms by the AUTJP, it is apt to examine the provisions of the AUTJP against the conventional interpretation from the international community. How is the AUTJP likely to shape the experience of African states in conflict situations or emerging from conflict situations like Sudan, Nigeria, Ethiopia or those in dire need of transitional justice? How far will the Policy influence the narratives on transitional justice in Africa? This paper aims to examine the provisions of the AUTJP in light of the conventional conceptualisation of transitional justice. The paper will adopt a doctrinal approach and consult data from primary and secondary sources. The paper argues that while there are manifest divergences from the conventional perspectives on transitional justice, the AUTJP present ample prospects for transforming the transitional justice experience in Africa. However, it will take more than mere adoption of the Policy by member states to translate the ambitious and innovative principles of the Policy into concrete realities for the peace and security structure in Africa and advance the concept of transitional justice within the African continent differently from the experience of the past.