Tue 17 Jun 2008
Against Human Rights
Posted by andrewdasein under All Quiet on the Quaker Front
[3] Comments
Now that Burundi seems to be heading in the direction of peace, there are murmurs of having some process to address all the gross violations of human rights that occurred.
If someone asked off hand what should happen in countries where there have been gross violations of human rights – extrajudicial killings, torture, rape, and so on – most of us the in the West are sufficiently indoctrinated in a particular human rights framework to suggest that those who commit such atrocities should be tried in fair courts and serve prison sentences.
That accords with a sense of retributive justice – that people who do bad things should face, if not an equally bad thing, then at least some kind of punishment. And many argue that such prosecutions are the only way to end impunity and reestablish the rule of law.
But it turns out there may be situations where countries emerging from conflict throw the notion of punishing human rights violators out the window, and have good reason to do so. Consider Mozambique, a country that experienced a quite brutal civil war in which an estimated 800,000 people lost their lives, and then decided simply to grant a blanket amnesty for all atrocities committed by both sides and move on to rebuild their nation. Agreeing to such an amnesty was basically a precondition for achieving a peace accord, and many people seem happy to be focused on the future rather than the past. Instead of trials, they approached the healing of the wounds of war with traditional healing rituals and worked hard to reintegrate the combatants back into their communities.
I take this example from the journalist Helena Cobban’s book Amnesty After Atrocity?: Healing Nations after Genocide and War Crimes. Cobban compares the cases of Rwanda, South Africa, and Mozambique in terms of how they handled human rights abuses and how that affected the movement towards peace in those countries. It’s full of interesting details that I can’t include here, but consider the following:
- The International Criminal Tribunal for Rwanda, set up by the UN to try the leaders of the genocide in a Western style court system, cost more than 1.1 billion dollars (by her estimate). How many suspects were tried for that quantity of money? 26. That works out to $42.3 million per suspect!
- For comparison, in 2003 Rwanda received $331.6 million in overseas aid, even while, as with most post-conflict countries, the lack of jobs was one of the biggest challenges to peace.
- Were people satisfied with this system? An attitudes study in 2002 “found that only 29.2 percent of the Rwandan respondents expressed any degree of approval of ICTR’s record.” (Cobban, p. 194) She found higher approval levels in S. Africa and Mozambique for approaches that didn’t involve such a court system.
- The court system itself, with the burdens of proof it seeks to establish through cross-examination, etc., can be re-traumatizing for victims, and through its adversarial approach can emphasize differences between people rather than unite them.
That suggests the case for war crimes tribunals is at least troubling. That said, when (back in DC) I heard Betty Bigombe speak about her experience negotiating the conflict in northern Uganda, she suggested that the threat of being tried on human rights charges helped bring the LRA to the negotiating table. So I don’t mean to suggest this is a simple matter (and of course, I’m not actually against human rights per se, just an overly simplified view of how to achieve them).
A broader approach would include asking about more than just what would end impunity and reinstate the rule of law, such as: (1) what is best for victims, (2) what the opportunity cost of a course of action is in terms of economic development and other forms of reconciliation that could be implemented, and (3) what is best for the nation to achieve and sustain a peaceful future (given that something like 50% of countries relapse into conflict within 5 years of signing peace accords).
With these criteria in mind, how a country deals with its human rights violations may vary from one place to another, and is a decision that might well be left to the people of that country itself (though this is tricky in cases like Rwanda, where the government is not a power-sharing arrangement but instead represents one side of the conflict).

June 18th, 2008 at 2:28 pm
Andrew, I think you have brought up an excellent point in that HR violations can not be delt with in a one size fits all approach. Here in Aceh, Indonesia we are currently dealing with a similar situation – although very different of course. Part of the peace agreement here mandated a TRC. But now almost 3 years on, the Central Government refuses to proceed with a national TRC. And now the province will not proceed as many beleive that without their compliance a TRC would be useless.
I think something that has been neglected here is : Is a TRC right in this instance? Will a TRC accomplish what former rebels, government military, prisoners and civilians want and/or need? USIP published an interesting Report on the benefits of TRCs a while back – I found it a helpful piece to review.
June 19th, 2008 at 2:31 pm
I wonder that the ICTR’s low approval rating may also be linked to the way that it has been used politically, and also to its relative inefficiency rather than a rejection of court-type procedures overall.
One of the wisest comments I heard on this topic was from a lawyer who worked with rape victims in the U.S. Some victims invest a lot in following the trial and seeing justice done. Others find it too painful entirely and focused on “getting on” with their lives. And most strike some balance of both. Not only every society or culture, but every individual reacts very differently to traumatic experiences. Clearly a process must fit the society’s needs — and respect other priorities, but also the more flexibility for the victims to tailor the experience to get the many different things they need, the better.
August 25th, 2008 at 4:22 pm
Thanks for sharing