Magister Legum - LLM (Criminal Justice and Procedure) / Transitional justice mechanisms have become commonplace as a tool for recovery for societies emerging from conflict and repressive regimes. The extent to which women's rights concerning development and long-term economic advancement in the arena of transitional justice is dealt with is almost negligible. The significance of including development as a means of protecting marginalised groups such as women has been mostly disregarded in the transitional justice context. Currently, the discourse on gender justice has placed civil and political rights as well as sexual crimes against women at the centre stage. Transitional justice mechanisms have failed to give effect to long-term sustainable and substantive change in women's lives following conflict and periods of repressive rule. The core aims of transitional justice are prosecution of offenders, reconciliation and reparations for the victims of gross human rights abuses. Reparations are usually used as a medium through which restitution and compensation for the harm suffered by victims are made possible. Reparations are also deemed as an essential element for the healing and recovery of the individual victim and the society affected by egregious human rights violations.

"In response to President Kabah's request of June 2000, the United Nations Security Council called on the Secretary-General to negotiate an agreement with the government of Sierra Leone for the creation of a special court for Sierra Leone (hereafter SCSL), to investigate the atrocities committed within the country, by Resolution 1315 of 14 August 2000. Under the agreement concluded in February 2001, the SCSL has jurisdiction over crimes against humanity, war crimes and other serious violations of international humanitarian law committed since November 1996. The author assesses in detail the efficacy of the SCSL in dispensing justice up to date. The author concludes that, although the SCSL has accomplished much, it has shortcomings and faces changes that hamper the attainment of its objectives. ... This study is divided into five chapters. Chapter one provides the context in which the study is set, the focus and objectives of the study, its significance and other preliminary issues, including a statement of the problem and the literature review. Analysis of the conflict in Sierra Leone are necessary to grasp the graveness and the nature of the human rights violations and to understand the nature and extent of justice already meted out. Chapter two focuses particularly on the historical background of the conflict and the reasons that necessitate the establishment of the SCSL. The SCSL was established specifically to respond to human rights abuses committed during the civil war in Sierra Leone. Chapter three examines the major achievements of the Court in dispensing justice, and chapter four identifies the shortcomings and the challenges that confront the Court in its aim to fulfil its mandate." -- Chapter one. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2006. / Prepared under the supervision of Professor Lovell Fernandez, Faculty of Law, University of the Western Cape / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

The rapid demand for wood products globally has put pressure on natural forests. Therefore, global efforts are now being directed toward establishing plantation forests to fill the wood supply gap while reducing the pressure on natural forests. This study conceptualized the socio-economic contribution of large-scale plantation forests to adjacent rural communities in the Northern Province of Sierra Leone based on the local perceptions of 125 households interviewed during data collection. To complement the household survey data, two forest-plantation experts were interviewed. The study found that local communities mainly benefit from plantation forestry through employment, improved road conditions, and water well constructions. However, the delivery of these benefits differed among the communities depending on the spatial distance from the plantation forestry central office. Benefits related to improvements in road conditions were perceived higher in the more far away communities. The trend is similar for the perception of benefits from plantation forestry activities: the farthest community with limited opportunities for alternative livelihood options appreciated the plantation forestry benefits highly and as fairly distributed. The results further revealed that perceived benefits from the plantation forestry industry, specifically employment and income, were rather unevenly distributed because the elites were able to capture more benefits than the others. These people were also identified to be influential in the distribution of benefits from the plantation industry. It is suggested that the plantation industry makes a conscious effort to extend the delivery of benefits to more community members regardless of their landholding, social status, or education level to ensure equal access to employment and land lease income, as well as CSR benefits.

This study aimed to examine the implementation of the Human Rights Based Approach (HRBA) in the project “Improved WASH Services in WAU and WAR Districts”, focusing on sustainable water and sanitation in Sierra Leone. Through a content analysis of the project evaluation report, the integration of HRBA principles in planning, implementation and results was examined. The results showed that HRBA was applied to some extent in the project, in particular by involving local people in decision-making and emphasizing their rights to water and sanitation. This inclusive methodology increased participation and ownership among the communities. However, it also identified challenges, such as a lack of resources and training, which hindered a more complete integration of HRBA. The analysis highlighted the importance of continuing to work on strengthening HRBA in development projects and addressing the challenges that hinder its effective application. Despite progress in promoting human rights through HRBA, there is still a need to overcome obstacles that can undermine its effectiveness. The conclusion highlighted that HRBA has the potential to be a powerful method for advancing human rights in development, but that its success depends on careful mainstreaming and monitoring. / Denna studie syftade till att undersöka implementeringen av Human Rights Based Approach (HRBA) i projektet "Improved WASH Services in WAU and WAR Districts", med fokus på hållbar vatten och sanitet i Sierra Leone. Genom en innehållsanalys av utvärderingsrapporten för projektet granskades integrationen av HRBA-principer i planering, genomförande och resultat. Resultaten visade att HRBA tillämpades i viss utsträckning i projektet, särskilt genom att involvera lokalbefolkningen i beslutsfattandet och betona deras rättigheter till vatten och sanitet. Denna inkluderande metodik ökade deltagandet och äganderätten bland gemenskaperna. Dock identifierades också utmaningar, såsom bristande resurser och utbildning, som hindrade en mer fullständig integration av HRBA. Analysen betonade vikten av att fortsätta arbeta med att stärka HRBA i utvecklingsprojekt och adressera de utmaningar som hindrar dess effektiva tillämpning. Trots framsteg i att främja mänskliga rättigheter genom HRBA, finns det fortfarande behov av att övervinna hinder som kan underminera dess effektivitet. Slutsatsen framhävde att HRBA har potential att vara en kraftfull metod för att främja mänskliga rättigheter i utvecklingsarbetet, men att dess framgång är beroende av en noggrann integrering och övervakning.

The essence of this thesis is to explore the role of Nigeria, West Africa's hegemon, in the intervention efforts by the Economic Community of West African states (ECOWAS) through its Cease-fire Monitoring Group (ECOMOG) in both Liberia (1990-1997) and Sierra Leone (1993-2000). While the thesis has sought to understand the leading role played by Nigeria in first establishing the ECOWAS and being the primus motor for its functions, I have also attempted to analyse the rationalities for the transformation of ECOWAS from a purely economic integrative scheme to a security organisation. While the economic agendas for ECOWAS have not changed, the argument in this thesis is that security related issues and realities have taken precedence over the original economistic agendas. One of the thesis' major arguments is that the nature of results attained in both Liberia and Sierra Leone are different because of (a) the leadership role of Nigeria and (b) the nature of international responses and contributions to the resolution of these conflicts. In the thesis, I argue that in the Liberian case, Nigeria took a more domineering leadership role albeit tinged with the characteristics of the actions of a benevolent hegemon. Here, Nigeria through different processes either through leadership, consensus-seeking processes and dialogue managed to get other ECOWAS states to coalesce around its leadership. However, in Sierra Leone, Nigeria's leadership role was not permitted to unfold. The resultant effect was the shift from NIFAG to ECOMOG and eventually "rekindling hatred" of these troops as UN troops. This thesis has pointed to the utility of sub-regional organisations in resolving conflicts and demonstrates the need for further study. / Political Science / DLITT ET PHIL (INT POL)

The main purpose of this research was to understand the civil war in Sierra Leone and its antecedents, and to analyse the package of reconstruction reforms which came along in the post-war era and their relevance for and impact on the local challenges for longer term peace. Continued corruption among the political class, the persistent disenfranchisement of important social groups, and emerging tensions along political party lines suggested that, ten years on from the Lomé Peace Accord, there may have been a malaise in the peacebuilding plan. To investigate the complex issues, and to support the hypothesis that the model for reconstruction was not best suited to local conditions and local priorities, the work first made a deep interrogation of the historic political, cultural and economic factors which led to the violent conflict. This scrutiny of the local experience allowed the conceptualisation of a germane 'framework for peace' which represented the most pressing priorities of the local community and the central challenges for peace. The framework reflected the main concerns of the local populace and was used as an analytical tool to better understand the relevance of the model for reconstruction vis-à-vis the local context. Through a critical analysis of the post-war reforms and their impact on the social dimensions of recovery, in particular macro-economic reforms and the promotion of democracy, conclusions were drawn about the appropriateness and efficacy of the model of reconstruction experienced in Sierra Leone and how it supported local priorities for peace. The enquiry found that, in general, the model for reconstruction was not best suited to the local context because of its inflexibility to support the local peacebuilding and its many challenges. In some ways the model for reconstruction heightened residual tensions from the conflict because it failed to address key issues for reform such as governance and social justice.

Civil wars have become more prevalent in modern times and present unique challenges to conflict resolution. Third parties often intervene in civil wars attempting to insure that peace is imposed and will persist. However, the impact of third parties on intrastate conflicts remains incomplete. The civil conflict literature does not sufficiently distinguish how third parties promote peaceful outcomes during a peacekeeping operation and why a state remains stable after the peacekeepers leave. By examining data on third party interventions from 1946-2006 and individually examining the case of Sierra Leone, this research concludes that peacekeeping missions promoting transparency, credible information sharing, and strong signals of commitment present the best possibilities for peace during and after the mission. Analysis from empirical tests and case study support that peacekeeping missions are most effective when they allow for credible and reliable communication between domestic adversaries. Ultimately, third parties must promote a political solution between rebel and government factions in civil wars so that peaceful methods of dispute resolution are promoted in the absence of a third party preventing the recurrence of war.

Broadly, the study examines the argument that education potentially contributes to violent conflict or, on the contrary, acts as a mediating factor in the reconstruction of divided or fragmented societies; indeed, as a driver for peace and unity. It looks at the case of Sierra Leone, a country emerging from a decade-long civil war (1991–2002). There are four aims to the study: <ul><li>(1) To examine, by drawing on a number of disciplines, the theoretical explanations of what puts societies at risk of violent conflict;</li><li>(2) Using these interdisciplinary perspectives, to identify the features of educational systems that are considered to be associated with or give rise to violent conflict;</li><li>(3) To examine which of these characteristics are present in post-conflict Sierra Leone; and</li><li>(4) Based on the findings, to formulate a number of general theoretical propositions about the characteristics of educational systems that might put society at risk of conflict.</li></ul> The research question for the study is: Which features of the educational system in Sierra Leone might put the country at risk of further conflict? Importantly, the research question is approached theoretically; a study attempting to demonstrate this solely empirically would not be feasible. The study adopts a robust interdisciplinary approach. It seeks explanations across the social sciences for the causes of violent conflict and identifies three theories that bear upon the key features that characterise many contemporary conflicts, i.e. ethnicity or cultural identities, status as a low-income country, and ‘fragile’ or failing states. The explanations revolve around the theories of: 1) ‘horizontal inequalities’ by Frances Stewart; 2) the ‘opportunity cost of rebellion’ by Paul Collier et al.; and 3) the role of state and ruling elites by Robert Bates. The study, then, together with an analysis of education and its relationship to conflict, creates an interdisciplinary theoretical and conceptual framework on the characteristics of educational systems associated with a risk of violent conflict. Methodologically, the study examines the educational system of post-conflict Sierra Leone as a case study, focusing on young people’s experiences, perceptions, and expectations of education. Three groups of young people with different educational experiences in Makeni city are selected as principal cases: (1) 15 students in a secondary school; (2) 15 students in technical and vocational training; and (3) 10 out-of-school informants. Additionally, 49 adult key informants were interviewed (among which 34 were ultimately analysed) and documentary analyses were conducted. The findings from the study reveal a number of features in the educational system in Sierra Leone (in areas such as access, curriculum, and governance) that the theoretical lens adopted in the study suggests as being associated with a risk of violent conflict. The analysis that follows seeks to further elucidate these features and recognise their complexity. The analysis is enriched by the perspectives and experiences of the beneficiaries of education who participated in the study. This sets it apart from other studies. The limitation of the study lies in the fact that it cannot demonstrate a causal relationship between the features of education and possible further violent conflict in Sierra Leone (a challenge most studies of this kind would face). The study does, however, offer a rich theoretical and conceptual framework and a robust set of theoretical propositions in relation to the question it poses. In contribution to the field and the growing literature on this topic, the study offers a theoretical and conceptual base for future research tackling the role of education in violent conflict and for building (and modifying) knowledge on the topic.

This study, which seeks to contribute to the shared-body of knowledge on media and war crimes jurisprudence, gauges the impact of the media’s coverage of the Civil Defence Forces (CDF) and Charles Taylor trials conducted by the Special Court for Sierra Leone (SCSL) on the functionality of civil society organizations (CSOs) in promoting transitional (post-conflict) justice and democratic legitimacy in Sierra Leone. The media’s impact is gauged by contextualizing the stimulus-response paradigm in the behavioral sciences. Thus, media contents are rationalized as stimuli and the perceptions of CSOs’ representatives on the media’s coverage of the trials are deemed to be their responses. The study adopts contents (framing) and discourse analyses and semi-structured interviews to analyse the publications of the selected media (For Di People, Standard Times and Awoko) in Sierra Leone. The responses to such contents are theoretically explained with the aid of the structured interpretative and post-modernistic response approaches to media contents. And, methodologically, CSOs’ representatives’ responses to the media’s contents are elicited by ethnographic surveys (group discussions) conducted across the country. The findings from the contents and discourse analyses, semi-structured interviews and ethnographic surveys are triangulated to establish how the media’s coverage of the two trials impacted CSOs’ representatives’ perceptions on post-conflict justice and democratic legitimacy in Sierra Leone. To test the validity and reliability of the findings from the ethnographic surveys, four hundred (400) questionnaires, one hundred (100) for each of the four regions (East, South, North and Western Area) of Sierra Leone, were administered to barristers, civil/public servants, civil society activists, media practitioners, students etc. The findings, which reflected the perceptions of people from large swathe of opinions in Sierra Leone, appeared to have dovetailed with those of the CSOs’ representatives across the country. The study established that the media’s coverage of the CDF trial appeared to have been tainted with ethno-regional prejudices, and seemed to be ‘a continuation of war by other means’. However, the focus groups perceived the media reporting as having a positive effect on the pursuit of post-conflict justice, good governance and democratic accountability in Sierra Leone. The coverage of the Charles Taylor trial appeared to have been devoid of ethno-regional prejudices, but, in the view of the CSOs, seemed to have been coloured by lenses of patriotism and nationalism.

Mémoire numérisé par la Direction des bibliothèques de l'Université de Montréal.