Nadia Ahidjo-Iya

Women and girls in countries at various stages of conflict and/or crises are caught in an endless cycle of trauma, which they navigate alone even when this conflict comes to an end. In Mali, this trauma is compounded by widespread sexual and gender-based violence (SGBV), forced and early marriage, and other harmful practices. In Sierra Leone and Liberia, rape was used systematically as a weapon of war, leaving scars which have impacted households, families, and communities. In both these countries, and in Nigeria and Cote d’Ivoire, this abuse continues as social norms about violence against women (VAW) encourage assault and reinforce silence as the best response. More recently, horrific stories of women being handpicked for rape and abuse by Gambia’s ex-president Yahya Jammeh are slowly emerging now that the country’s Truth and Reconciliation Commission’s (TRC) proceedings have kicked off.

This provides an opportunity to assess the state of Transitional Justice (TJ) in West Africa as it relates to SGBV and VAW. A review of TJ mechanisms implemented in the region so far highlight that these have mostly fallen short of what was promised, and not done much for victims even many years later. There is a need to interrogate this and other and better ways to respond to victims’ rights and expectations, especially for countries including The Gambia which are in the early stages of the process, Mali which is still in conflict, and Cote d’Ivoire where reconciliation has not been achieved within a growing politically tense environment.

TJ’s ability to deliver is significantly hampered by domestic political conditions and highlights the need to address structures of power in its implementation, to ensure it doesn’t fall short of the promise of justice for victims.  In particular, transitions tend to be inattentive to women despite the prevalence of sexual and gender-based violence (SGBV) in these contexts.

In Sierra Leone and Liberia, rape was used systematically as a weapon of war, leaving scars which have impacted households, families, and communities. In both these countries, and in Nigeria and Cote d’Ivoire, this abuse continues as social norms about violence against women (VAW) encourage assault and reinforce silence as the best response

Looking at Cote d’Ivoire, the Gambia, Guinea, Mali, Nigeria, and Sierra Leone’s experiences, it is evident that supranational transitional-justice arrangements are essentially political and lack the legitimacy to effect real change. In the majority of these countries, TJ started without enough legitimate authority or acknowledgement by most citizens. In Mali, victims/citizens were not sufficiently consulted in the setting up of the Commission Vérité, Justice et Reconciliation (CVJR) nor civil society sufficiently involved in the drafting of the national TJ policy. The implementation of TJ in Mali by and large is not a result of broad consultation of all segments of society or introduced by way of legislation but rather by executive order. This general top-down approach to TJ and lack of victim-centeredness remains central to its limitations, specifically as it relates to gender and women’s experiences of conflict.

Where gender considerations are included, they are often included as an afterthought – highlighting among many other things, the invisibility and powerlessness of women in the public sphere. This underrepresentation is even more glaring as TJ processes and mechanisms tend to generalize human rights violations alone without regard to the centrality of SGBV. As noted by Priscilla Hayner in Unspeakable Truths, “even with a flexible mandate and the intention of fairly gathering information about all patterns of abuse, a commission [truth] may well fail to document certain widely experienced abuses.

Perhaps the most commonly underreported abuses are those suffered by women, especially sexual abuse and rape. Many commissions have received far less testimony about sexual abuse than in the numbers or proportion that they suspected took place.” West African societies going through transition have failed to de-stigmatize SGBV and overlooked gender in the development and implementation of TJ mechanisms.

Looking at Cote d’Ivoire, the Gambia, Guinea, Mali, Nigeria, and Sierra Leone’s experiences, it is evident that supranational transitional-justice arrangements are essentially political and lack the legitimacy to effect real change

The Sierra Leonean experience was positive, despite limited progress, as it paid special attention to the experiences of women during the conflict and women’s groups were primary actors throughout the process. The Special Court for Sierra Leone (SCSL) was a key example for gender justice to be followed by other countries in the sub-region – recognizing gender crimes in its definitions (including sexual slavery and forced marriages), ensuring that 20% of investigations focused on sexual offenses, and facilitating access to health facilities for victims who testified.

However, despite these achievements, the political and structural inequalities that shape the lives of women and girls continue to frame the TJ implementation, and has led to limited progress in response. This is also true for Liberia, where despite passing a sophisticated rape law in 2006, the prosecution of SGBV remains limited by the inadequate judicial system and lack of relevant information for victims to access the courts. These lacunae are even more glaring in Mali and Cote d’Ivoire where no specific laws and/or mechanisms exist to address SGBV crimes. Ultimately, a replication of the Sierra Leonean and Liberian approaches to gendered justice can only be impactful if they pay special regard to the socio-political conditions and patriarchy which dampen implementation.

The Special Court for Sierra Leone (SCSL) was a key example for gender justice to be followed by other countries in the sub-region – recognizing gender crimes in its definitions (including sexual slavery and forced marriages), ensuring that 20% of investigations focused on sexual offenses, and facilitating access to health facilities for victims who testified

Regrettably, when one puts TJ implementation in the region to test, to date, only the moral imperatives have been successful – the ability of TJ to lead to an end of impunity, strengthened rule of law, and reconciliation remains unproven. As we explore creative pathways, including research on indigenous African customs and practices,  initiatives at a local and informal level with little dependence on state institutions, and regional initiatives including the African Union’s Transitional Justice Policy Framework (AUTJPF); we should keep in mind that transitional justice is a political field which enables structures of power and the use of violence to persist – usually to protect those that control the exercise of power and the allocation of resources.   

Nadia Ahidjo-Iya is a development professional who provides strategic support to leading African organizations, aimed at building more robust, informed and concerted social movements and systems. She has also worked closely with grassroots organizations to design and implement holistic projects to promote human rights and accountability in Africa. She is passionate about African feminism and philanthropy.