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Restorative Justice in Sierra Leone: Promises and Limitations

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Evaluating Transitional Justice

Part of the book series: Rethinking Peace and Conflict Studies ((RCS))

Abstract

Ten years since the end of its 11-year civil war, Sierra Leone has become an important case study for students and practitioners of transitional justice (TJ). The parallel establishment of the Special Court for Sierra Leone (SCSL) and a Truth and Reconciliation Commission (TRC) brought new attention to the merits of restorative and retributive approaches operating simultaneously. While William Schabas argues that Sierra Leone is a successful model of the ‘two-track approach’, Sierra Leone has also become the focus of a large critical literature, which questions the legitimacy of external practices and ideas.2 Growing concerns in Sierra Leone that international transitional justice undermined internal restorative justice and communal structures have generated intense debates over what a comprehensive TJ process should entail. These debates tie into a politics of legitimacy between international and national justice mechanisms. Members of Sierra Leonean civil society — including members of the TRC — have argued that the international influence on TJ practices has sidelined local culture, civil society and authority structures. While traditional practices of reintegration preceded the TRC in some communities, criticisms of the TRC also led to the rise of new actors and grassroots TJ processes within the country.

I would like to thank Kirsten Ainley, Chris Mahony, Chris Brown, Laura Martin and Kristine Behm for their helpful comments on this chapter, and the research behind it.

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Notes

  1. W. Schabas (2004) ‘Conjoined Twins of Transitional Justice: The Sierra Leone Truth and Reconciliation Commission and the Special Court’, Journal of International Criminal Justice 2(4): 1082–1099. Priscilla B. Hayner and Paul van Zyl, together with the US Institute of Peace and International Human Rights Law Group, the Office of the High Commissioner for Human Rights, and UNAMSIL proposed a number of workshops to ‘work out the relationship’ and institutionalize a set of guidelines.

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  2. See in particular, T. Kelsall (2005) ‘Truth, Lies, Ritual: Preliminary Reflections on the Truth and Reconciliation Commission in Sierra Leone’, Human Rights Quarterly 27(2): 361–391; Shaw, ‘Rethinking’;

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  3. C. Coulter (2009) Bush Wives and Girl Soldiers: Women’s Lives through War and Peace in Sierra Leone (Ithaca: Cornell University Press);

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  4. G. Millar (2012) ‘“Ah Lef Ma Case Fo God”: Faith and Agency in Sierra Leone’s Postwar Reconciliation’, Peace and Conflict: Journal of Peace Psychology 18(2): 131–143;

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  5. and G. Millar (2010) ‘Assessing Local Experiences of Truth-telling in Sierra Leone: Getting to “Why” Through a Qualitative Case Study Analysis’, The International Journal of Transitional Justice 4(3): 477–496.

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  6. R. Shaw (2002) Memories of the Slave Trade: Ritual and the Historical Imagination in Sierra Leone (Chicago: University of Chicago Press).

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  7. Kelsall, ‘Truth, Lies, Ritual’. In his later work on the Special Court, Kelsall further develops his analysis of the role of culture, arguing that the Court failed to engage with Sierra Leonean understandings of agency and accountability. He argues for a more integrated, dialogical TJ approach in post-Conflict societies. Kelsall (2013) Culture under Cross Examination: International Justice and the Special Court for Sierra Leone (Cambridge: Cambridge University Press).

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  8. See, for example, K. Peters (2011) War and the Crisis of Youth in Sierra Leone (Cambridge: Cambridge University Press)

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  9. and P. Richards (2005) ‘To Fight or To Farm? Agrarian Dimensions of the Mano River Conflicts (Liberia and Sierra Leone)’, African Affairs 104(417): 571–590.

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  10. R. Shaw (2010) ‘Linking Justice with Reintegration? Ex-combatants and the Sierra Leone Experiment’, in R. Shaw and L. Waldorf (eds) Localizing Transitional Justice: Interventions and Priorities after Mass Violence (Stanford, CA: Stanford University Press), pp. 11–132.

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  11. See also C. Bolten (2012) ‘“We Have Been Sensitized”: Ex-Combatants, Marginalization, and Youth in Postwar Sierra Leone’, American Anthropologist 114(3): 496–508.

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  12. See also B. Dougherty (2004) ‘Searching for Answers: Sierra Leone’s Truth and Reconciliation Commission’, African Studies Quarterly 8(1): 39–56.

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  13. J. A. D. Alie (2008) ‘Reconciliation and Traditional Justice: Tradition based Practices of the Kpaa Mende in Sierra Leone’, Traditional Justice and Reconciliation after Violent Conflict: Learning from African Experiences (International Institute for Democracy and Electoral Assistance), pp. 123–146.

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© 2015 Rebekka Friedman

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Friedman, R. (2015). Restorative Justice in Sierra Leone: Promises and Limitations. In: Ainley, K., Friedman, R., Mahony, C. (eds) Evaluating Transitional Justice. Rethinking Peace and Conflict Studies. Palgrave Macmillan, London. https://doi.org/10.1057/9781137468222_4

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