Monthly Archives: December 2017

Fake Facts: the Justice Scoreboard of the Directorate General for Justice and Consumer protection

justice-2071539_960_720Philip Langbroek

The European Commission has a justice policy which involves all national judiciaries, whose functioning is monitored. However I argue that this monitoring is done unsatisfactory. Justice is an important subject in the European Union. For example, trade and crime do cross borders and economic competition contracts and regulations need the guarantee of enforceability. It is obviously unavoidable that a lot of European law is involves regulation and law enforcement. National judiciaries play an important role in the enforcement of EU-law. And it seems perfectly justified that the European Commission monitors the functioning of those national judiciaries. The monitoring of that function is done through the so-called Justice Scoreboard. This Justice Scoreboard, however, is a methodologically inadequate device to evaluate the functioning of national justice systems. The main problem of the Justice Scoreboard is that the data it is based on are overall not reliable and based on nationally – differently! – defined statistics. Consequently, national numbers cannot adequately be compared, which leads to a misleading presentation of the data in bar charts. Continue reading

The Proof is in the Pudding: The Value of Traditional Justice Mechanisms for Post Conflict Africa

justiceThe dynamics of contemporary conflicts reveal the difficulties inherent in countries transitioning from conflict to peace and has given birth to transitional justice. The latter is the field of study where justice is not relegated to criminal or retributive justice only but to a holistic range of processes, the ambit of which includes accountability, truth recovery and reconciliatory processes.  Kofi Anan former UN Secretary General defines transitional justice as the “ full set of processes and mechanisms associated with a society’s attempts to come to terms with a legacy of large-scale past abuse, in order to secure accountability, serve justice and achieve reconciliation.”  In keeping within these processes and within this framework, particularly with regard to Africa, there has been resurgence in the use of traditional or local justice mechanisms.  In this blog I will thus briefly attempt to highlight the political contingencies that certain states face, which catalyze the use of traditional justice mechanisms and make it so popular within the African transitional justice landscape. I will contend that in some instances traditional mechanisms can adequately address massive human rights violations and establish peace and reconciliation in post-conflict settings. I suggest that the value of traditional justice within politically laden contexts is that they act as catalysts for the promotion of unity. They draw on cultural and religious linkages of interconnectedness that are of value to many African societies, such as the way in which ubuntu was ingrained in the TRC process and the traditional strands of Gacaca conformed into a modern version of Gacaca. This therefore, arguably creates a more “culturally familiar and socially secure” space for people to participate in.   Continue reading