Supporting National Capacities in Transitional Justice for Bosnia and Herzegovina (TJ)
Background
Transitional justice refers to a set of approaches undertaken by societies in order to deal with legacies of widespread or systematic human rights abuse as they move from a period of violent conflict towards peace, democracy, rule of law, and respect for individual and collective rights.
The major approaches to transitional justice are contained within the following mechanisms: criminal justice, truth-seeking, reparations, and institution building (e.g. vetting/lustration). As global experience has demonstrated, dealing with the past in post-conflict countries is an essential pre-requisite for building a stable and sustainable future, free from the threat of retribution. In recent years, the BiH State level authorities have gained several key governmental tools which have strengthened their ability to lead the State toward European integration.
However, in the context of Transitional Justice, the most significant development has been the creation of the Court of BiH and the Prosecutor’s Office of BiH in 2003 which now share responsibility for the processing of a substantial number of unresolved war crimes cases. While the criminal justice system will play a central role in BiH’s war crime recovery strategy, the BiH State government has acknowledged that all elements of government and civil society need to work together to develop a war crime recovery strategy that will identify alternative methods of dealing with the past which will compliment, and when necessary, supplement criminal justice efforts.
In November of 2006, the BiH State government took an important first step in the development of its war crime recovery strategy by forming a partnership with UNDP Bosnia and Herzegovina in the implementation of this project entitled Supporting National Capacities in Transitional Justice in Bosnia and Herzegovina (hence forth TJ Project).
Objectives
The TJ Project is mainly concerned with challenges the BiH society is facing when it comes to dealing with the past; how to bring war criminals to justice, how to do justice to the victims of war, and how to bring justice to the generations that will have to live with the legacy of the past conflict. UNDP shares the BiH State view that achieving a holistic sense of justice for all citizens will be a key to re-establish civic trust and reconcile people and communities.
The TJ Project encompasses three mutually connected and reinforcing specific objectives. Objective one is focused on raising public awareness about TJ issues and processes through an outreach campaign. Objective two - considered the centerpiece of the project – is a consultation process designed to strengthening BiH State level capacities to promote peace through transitional justice processes.
Naturally, the consultation process is equally focused on enhancing the TJ knowledge and capacities of civil society, and local governments, so that the State government will receive well-informed feedback regarding the transitional justice processes best suited to BiH society. UNDP’s capacity building goals will be achieved mainly through a well-designed, government-led consultation process at the national and local levels.
Our consultation efforts will be supplemented by the creation of TJ guidebook to be distributed to local stakeholders, as well as a small grants fund that will be set up for projects submitted by Civil Society Organizations (henceforth CSOs) within the field of TJ. The main activity of the objective three is a capacity needs assessment of the Cantonal/District courts and prosecutors’ offices.
Achievements and Expected Results
Strengthened accountability and responsiveness of government to pro-active citizens. Strengthened capacity of municipalities and CSOs to manage and participate in long-term sustainable socio-economic development, with a framework of human rights and rule of law. Strengthening of the national capacities in Bosnia and Herzegovina for promoting peace through transitional justice processes.
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