Effective Development Aid for Transitional Justice: Lessons from Guatemala, Kenya and Solomon Islands

Abstract

International development agencies have provided significant support for transitional justice in Guatemala, Kenya and Solomon Islands, though only limited analysis has been conducted. Responding to this knowledge gap, the thesis critically assesses how international development agencies have engaged with transitional justice in the three countries. It addresses the question of what constitutes effective transitional justice aid. It argues that transitional justice is required under international law and is important for the healing of countries, communities and individuals afflicted by atrocity. In developing countries reeling from egregious human rights abuses, the international aid community may play a role in aiding and shaping the success of transitional justice. The study presents evidence showing how effective aid may enhance the success, or effectiveness, of transitional justice. Equally, ineffective aid may hinder its success. The thesis identifies ways to improve transitional justice aid. While the analysis explores a variety of factors, four elements are crucial. First, transitional justice aid should be imbued with human rights principles. Second, it should be contextually specific and locally particular. Third and relatedly, it should be relevant to the political context and include politically informed methods. Fourth, aid agencies should seek to influence transitional justice processes to promote gender equality and respond more effectively to cases involving sexual and gender-based violence. The thesis features a comparative study of transitional justice aid in Guatemala, Kenya and Solomon Islands; the research design features empirical, socio-legal fieldwork in the three case study countries. In the three countries, episodes of violence and conflict have resulted in gross human rights violations. To deal with the past, Guatemala, Kenya and Solomon Islands have implemented transitional justice mechanisms, with varying degrees of success. The thesis finds that overall in the three case study countries, international development agencies have struggled to engage effectively with transitional justice itself or leverage transitional justice in support of broader development outcomes.