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4 - Designing transitional justice

Published online by Cambridge University Press:  19 February 2026

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Summary

This chapter focuses on the shift from ad hoc measures to an institutionalised transitional justice project. A technical committee composed of representatives of civil society and the Ministry for Human Rights and Transitional Justice led a participatory consultation process and drafted a transitional justice law. Which transitional justice measures were introduced was co-determined by the international transitional justice professionals. The broad mandate that emerged from this process mirrored the dominant dogma in transitional justice research and scholarship as well as the political interests of both international and domestic actors. In this stage, the transitional justice process interplayed with unplanned, spontaneous political and social dynamics. The struggles over the constitution-writing process and at times violent protests pushed the topic back on to the political agenda. The National Dialogue then opened the way for the primacy of acute conflict-resolution and elite deal-making over further dismantling the old regime and seeking justice and accountability. The parliament’s decision to retain its prerogative of nominating truth commissioners paved the way for a perception of the Truth and Dignity Commission as a political and partisan body.

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