Abstract

Keywords

Transitional justice; human rights violations; Anglophone Cameroon crisis; truth and reconciliation commission; criminal prosecution.

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1 Introduction

In the aftermath of violent conflicts (usually non-international in nature) involving heinous human rights violations, the decision concerning the type(s) of mechanisms to be designed to address past atrocities is usually one of great importance for future generations. While criminal trials, for example, have for decades been the most frequently advocated choice of responses (the rule of law way), they have often been viewed as posing a threat to such fragile democracies at this stage of their recovery. 1

* Derrick Teneng Cho. LLB (Hons) (Uni of Buea) Masters I and LLM (Uni of Yaoundé II) LLD (NWU). Post doctoral fellow at the Research Chair in Cities, Law and Environmental Sustainability (CLES), North-West University, South Africa. Email: choderrickteneng@yahoo.com. ORCID: https://orcid.org/0000-0002-6094-915X.

1 Orentlicher 2007 International Journal of Transitional Justice 12-13; Malamud-Goti 1990 Hum Rts Q 5.

Transitional societies 2

2 Societies transitioning from periods of gross human rights violations, usually perpetrated by a dictatorial regime.

In the hope of initiating a conversation on "transitional justice in Anglophone Cameroon", this paper, using a comparative methodological approach, examines the transitional justice perspectives of South Africa and Rwanda, seeking to identify lessons that could be learned from their experiences in terms of mechanisms and how they could help Cameroon come to terms with the situation in Anglophone Cameroon. It considers the transitional mechanisms of these countries for a couple of reasons. Firstly, they constitute the most prominent situations of gross human rights violations in Africa whereafter concrete measures were taken to address past injustices. Secondly, the two countries applied different mechanisms. While South Africa adopted a restorative approach, Rwanda used a retributive approach to transitional justice. Cameroon could well learn from their distinct approaches. In addition, there are contextual similarities in all three contexts. All of them have colonial histories and minority and majority

factions in the population. Also, there are two conflicting factions in all three contexts and there is animosity between them. 3

3 In the South African case the conflict was between the Blacks (predominantly) and the Whites; in Rwanda, between the Hutus, and the Tutsis; and in Cameroon, between the Anglophones, and the Francophones.

While this paper does not advocate the replication of the South African and Rwandan transitional justice models in Cameroon, it nonetheless strongly holds that these models convey incredible lessons that Cameroon can learn from. Also, aspects of these two models, such as truth-seeking, reparation and memorialisation (from the South African model), and prosecutions (from the Rwandan model) may well be incorporated, or better still taken into consideration when coining a transitional justice response to the situation in Anglophone Cameroon.

At this point it must be acknowledged that while the Anglophone crisis is geographically limited to the Anglophone regions, it still constitutes a national problem pitting the two main factions of the country (the Anglophone population and the Francophone-led government) against each other. Just as in the cases of South Africa involving the Whites against the Blacks, and Rwanda involving the Hutus against the Tutsis, the Anglophone crisis presents a plethora of evidence upon which to view the Anglophone-Francophone rift. The Anglophone crisis as such is not limited to the Anglophone regions exclusively, given the complex national ramifications it poses, as it involves all factions of the Cameroon population even if it predominantly affects Anglophone regions. It remains a national crisis, although it is geographically limited to the English-speaking regions. To view it as a regional crisis not deserving full national attention would be a rather myopic position to take. This is why the transitional models of South Africa and Rwanda, which were nation-wide, may well be drawn from to inform the process of a transitional justice response to the Anglophone crisis.

This paper therefore suggests that there are valuable lessons to be learned from the South African and Rwandan transitional justice models that could help Cameroon in her quest for transitional justice. Although the situation in Anglophone Cameroon is ongoing, it is nevertheless relevant to suggest that pre-emptive conversations should take place on how the crisis could best be put to rest.

To put things into perspective, the paper begins by painting a picture of the Anglophone Cameroon transitional context and its evolution to the condition where a conversation on transitional justice has become inevitable. It then goes further to give a brief understanding of the notion of transitional justice before proceeding to examine the transitional justice models of South Africa and Rwanda and the lessons they offer.

2 The Anglophone Cameroon transitional context: A case for transitional justice

The current Anglophone crisis in Cameroon, which started in 2016, was initially grounded in the grievances of teachers and lawyers in the English-speaking (Anglophone) regions (the North West and the South West), who took to the streets to protest against a perceived marginalisation and assimilation of their much cherished, colonially inherited Anglo-Saxon educational and common law legal systems. 4

4 See generally the following: Human Rights Watch 2018 https://www.hrw.org/sites/default/files/report_pdf/cameroon0718_web2.pdf; International Crisis Group 2017 https://d2071andvip0wj.cloudfront.net/250-cameroons-anglophone-crisis-at-the-crossroads_0.pdf; Amnesty International 2018 https://www.amnesty.org/download/Documents/AFR1784812018ENGLISH.PDF.

When this happened most Anglophone people quickly identified with these grievances as they were akin to the long-standing common grievances and challenges of the larger Anglophone population. As a result, prominent Anglophone pressure groups such as the Southern Cameroons National Council (SCNC) and the Southern Cameroons Youth League (SCYL), which had previously led the agenda for a return to federalism or secession 5

5 Konings and Nyamnjoh 1997 JMAS 220-228.

The government's repressive tactics further exacerbated the antagonism, fostering the idea among some Anglophones that a two-state federation or secession would be the best option. 8

8 Cameroon-info.net 2016 http://www.cameroon-info.net/article/cameroun-honorable-joseph-wirba-depute-du-bui-ceux-qui-affirment-que-le-cameroundoit-277266.html.

including ghost town operations and boycotts, they have attacked anyone (civilians) who appears to be disobedient to or unsupportive of their mission. 11

11 Human Rights Watch 2019 https://www.hrw.org/news/2019/03/28/cameroon-new-attacks-civilians-troops-separatists.

Both camps have committed acts of political violence that have resulted in abuses of the civilian population of Anglophone communities. 13

13 Cho and Agbor 2022 PELJ 5.

gangs. 19

19 OSAC 2019 https://www.osac.gov/Country/Cameroon/Content/Detail/Report/ b1678858-8009-43c5-9c7b-160eea6972d9 2; Amnesty International 2018 https://www.amnesty.org/ download/Documents/AFR1784812018ENGLISH.PDF 8.

Unfortunately, no concrete moves have been made toward holding perpetrators accountable or compensating victims to ensure non-repetition. 20

20 Cho and Agbor 2022 PELJ 5.

Two factors have been identified as constituting the major reasons why the Anglophone Cameroon situation might be deserving of transitional justice. These factors also suggest the sui generis nature of the conflict. Firstly, due to the organised nature, the degree of victimisation and the gross human rights violations committed therein, the crisis is seen to have gone beyond normally acceptable levels of political violence. 21

21 Agbor and Njeassam 2019 PELJ 3.

3 The transitional justice conundrum

It is now widely accepted that transitional justice encompasses all measures that states may implement to achieve political change, and that this is characterised by legal responses to confront the crimes of the past. 23

23 Teitel 2003 Harv Hum Rts J 69.

tradition and the cultural beliefs of the people have often been the determinants of the type of transitional justice mechanisms to be adopted. As such, this paper views transitional justice as comprising all measures that states employ to address past atrocities and restore stability, including both legal and non-legal responses. 24

24 Teitel 2003 Fordham Int'l LJ 893.

Kim and Hong have stated that the decision of transitional societies regarding what justice mechanism to utilise is determined by the outcome of the conflict or the situation. 26

26 Kim and Hong 2019 Journal of Conflict Resolution 1165-1192.

Should Cameroon be able to break from a past characterised by political violence and a culture of impunity, this would be contingent on the mechanisms established. The choice of such mechanisms would largely depend on knowledge of their relative success in other countries. The transitional justice models of South Africa (a non-prosecutorial model) and Rwanda (a prosecutorial model) are worth examining.

4 The South African transitional justice model: Amnesty for truth

Like many other countries in the last decade of the 20th century, South Africa was confronted with the task of coming to terms with the legacy of the apartheid regime. Apartheid, unlike such racial discrimination in other countries, was characterised by its having been institutionalised and the application of violent tactics to enforce apartheid policies. Apartheid, meaning "apartness" in Afrikaans, was a policy instituted in South Africa by

the National Party when it took power in 1948. The aim was to promote the supremacy of the white minority over the black majority and other races including Asians and coloured people. This policy was legalised through the enactment of a set of discriminatory laws which sought to separate whites from blacks as well as to curtail some of the basic human rights of black South Africans. 30

30 Noteworthy are laws such as the Prohibition of Mixed Marriages Act 55 of 1949; the Group Areas Act 41 of 1950; the Suppression of Communism Act 44 of 1950; the Reservation of Separate Amenities Act 49 of 1953; the Public Safety Act 3 of 1953; the Immorality Act 23 of 1957; the Terrorism Act 83 of 1967; and the Unlawful Organisations Act 34 of 1960.

The government employed ferocious tactics in order to maintain white supremacy and enforce its policies, including arbitrary arrests, detention, torture, assassinations, forced disappearances, forced displacement, land dispossession, and other forms of racial and ethnic discrimination which constituted crimes against humanity. 32

32 See Art 1 of the International Convention on the Suppression and Punishment of the Crime of Apartheid (1973); Art 7(1)(j) of the Rome Statute of the International Criminal Court (1998).

wounds and mistrust between the whites and blacks of South Africa which are still evident to date. 33

33 Van der Merwe and Chapman Truth and Reconciliation in South Africa 6.

When the struggle finally ended it became incumbent on the new, transitional government that had taken power to confront the past abuses and heal the society that had been fragmented and ripped apart by racism. 34

34 Van der Merwe and Chapman Truth and Reconciliation in South Africa 6.

It was against this backdrop that the Truth and Reconciliation Commission (the TRC or the Commission) was established, to restore and reconcile society through truth-telling rather than retribution. 36

36 Van der Merwe and Chapman Truth and Reconciliation in South Africa 8.

4.1 The South African Truth and Reconciliation Commission (TRC)

Informed by the Ubuntu philosophy which celebrates the values of solidarity, humanity, social cohesion and forgiveness, 37

37 The term "Ubuntu" is generally understood to connote the phrase: "I am because we are".

The purpose of the TRC was to promote national unity and reconciliation in a way that surpassed the differences of the past, according to the Promotion of National Unity and Reconciliation Act 34 of 1995. The South African transitional justice model spearheaded by the TRC had as its mandate the following: To establish through investigations and hearings "as complete a picture as possible" of the root causes, context as well as perspectives of both victims and perpetrators of the human rights violations of the apartheid regime committed from the period of March 1960 to May 1994; 39

39 Section 3(1)(a) of the Promotion of National Unity and Reconciliation Act 34 of 1995.

recommend reparation measures for victims; and to propose measures that would help prevent the recurrence of violence. 41

41 Section 3(1)(c) of the Promotion of National Unity and Reconciliation Act 34 of 1995.

As a result of this extensive mandate, the TRC was divided into three committees: the Human Rights Violations Committee; the Amnesty Committee; and the Reparations and Rehabilitation Committee. 42

42 Byrne 2004 Peace and Conflict 237-256.

Under the Human Rights Violations Committee, hearings were held where victims and their families could share their stories of human rights violations and receive support and sympathy. 44

44 Van der Merwe and Chapman Truth and Reconciliation in South Africa 9.

The Reparations and Rehabilitation Committee made recommendations for reparations and awarded the victims monetary compensation, 50

50 Backer 2005 Journal of the International Institute.

Mkhonto) assassinated by the Apartheid police on 27 June 1985. 52

52 Moyo 2022 https://www.ru.ac.za/latestnews/rhodesuniversityhelpsbringshistory tothepresentthroughthedigitisationo.html.

Irrespective of its contribution to reforming South African society, the TRC was not without weaknesses.

One of the weaknesses had to do with the fact that the TRC did not address and settle key issues relating to apartheid such as racial segregation and the dispossession of land. 53

53 These include the various legal prohibitions and discriminations that were instituted against black people.

Additionally, although the TRC's offer of amnesty motivated truth-telling and gave closure to the families of victims about the whereabouts of their families, it was criticised for granting amnesty to perpetrators of gross human rights violations, which was viewed as unacceptable under international law 55

55 See, for example, UN International Commission of Inquiry on Darfur 2005 https://reliefweb.int/sites/reliefweb.int/files/resources/D2867CFA4E80B979C1256FC4005209FC-ici-sud-25feb.pdf.

Africans feel that those who committed heinous crimes should have been prosecuted and punished. This was demonstrated in some key cases. 58

58 See, for example, AZAPO v Truth and Reconciliation Commission 1996 8 BCLR 1015 (CC); The Citizen 1978 (Pty) Ltd v McBride 2011 8 BCLR 816 (CC).

Despite the weaknesses of the TRC, its role in making South Africa a more inclusive space for all to thrive in is undeniable. It has thus gained global recognition as the model truth commission that other countries tend to emulate.

4.2 Lessons from South Africa

Given the role of the South African TRC in restoring society, this paper suggests that establishing a truth commission in Anglophone Cameroon would go a long way toward achieving resilience, tolerance and social cohesion, and might foster a safe atmosphere for all factions of the Cameroon population to thrive in, despite their apparent historical, socio-political and cultural disparities. 59

59 See Baines 1998 Mots Pluriels 1-10; Jablonski, Blum and Friedman Colour of Our Future 12.

Also, the symbolic aspects that fostered memorialisation (such as the renaming of public places, erecting statues and opening museums), as well as reconstruction are worth emulating.

This paper, however, discourages the granting of amnesty (even as a motivation for telling the truth) to perpetrators of the most egregious human rights violations that constitute crimes against humanity. 60

60 Ntoubandi Amnesty for Crimes against Humanity 151-183; Schabas 2004 UC Davis Journal of International Law and Policy 145; Scharf 1996 Tex Int'l LJ 1.

5 Rwanda's transitional model: Criminal prosecution

In 1994 genocide shook the very fabric of Rwandan society, leaving the world astounded as to how ethnic animosity (between the Hutus and the Tutsis) could lead to the commission of such horrendous acts of violence. 61

61 Gahima Transitional Justice in Rwanda 128.

the aftermath of the genocide, the necessity for justice was palpable and irrefutable. 63

63 Graybill and Lanegran 2004 African Studies Quarterly 8.

Clearly, given the freshness of the wounds of the genocide and the cries for justice, it was unrealistic to attempt to provide justice through any means short of criminal accountability. In the circumstances, in 1996 the government decided that criminal prosecution should be pursued through the country's domestic judicial system. Although this sounded like a welcome approach, the challenge was that the genocide had destabilised most if not all of the criminal justice system of Rwanda, which even before the genocide had been as described by Schabas "a corrupt caricature of justice" 64

64 Schabas "Post-Genocide Justice in Rwanda" 207, 212.

More significant was the question of whether universal accountability through criminal prosecutions alone was adequate, or whether there was a need to complement it with non-prosecutorial mechanisms.

It soon became evident that not only would the "recovering" criminal justice system be overwhelmed by the caseload, but that it also lacked the capacity, in terms of financial, material, and human resources, as well as the professional expertise to effectively deal with the legacy of the genocide. 66

66 For details regarding the shortcomings of the initial national prosecution strategy see Gahima Transitional Justice in Rwanda 129-136.

5.1 International Criminal Tribunal for Rwanda

Established in November 1994, the ICTR, was a mechanism designed to rescue the failed attempt of the Rwandan transitional government to address the legacy of the genocide through its domestic criminal justice system. In order to contribute to the restoration of social order as well as to put an end to the culture of impunity in Rwanda, the ICTR set out to prosecute

persons responsible for genocide and other serious violations of international humanitarian law committed in the territory of Rwanda and Rwandan citizens responsible for genocide and other such violations committed in the territory of neighbouring states, between 1 January 1994 and 31 December. 71

71 Article 3 of the UN Security Council Resolution 955: International Criminal Tribunal for Rwanda UN DOC S/RES/955 (1994).

Several points may be advanced in considering whether the ICTR delivered justice to Rwandan society.

Firstly, the ICTR has been applauded for its role in preventing the recurrence of violence in Rwanda by punishing key perpetrators of the genocide, 72

72 Jones Courts of Genocide 185.

Secondly, the ICTR received support from the international community, which helped to locate and prosecute suspects who fled the country. 74

74 For details, see Palmer 2020 LJIL 789-807; Trouille 2016 JICJ 195-217; Schabas 2003 JICJ 39-63.

Thirdly, the ICTR ensured that defendants received a fair trial and protected the rights of defendants and witnesses. 75

75 Articles 14, 19, 21 of the UN Security Council Resolution 955: International Criminal Tribunal for Rwanda UN Doc S/RES/955 (1994).

In addition, the ICTR set precedents in the international criminal justice system by instituting a general deterrent towards the perpetration of heinous crimes globally, 78

78 Jones Courts of Genocide 185.

the establishment and operation of the International Criminal Court, which today constitutes a milestone achievement in the international criminal justice system. 80

80 Jones Courts of Genocide 185.

Despite its relevance to Rwanda and the international community, concerns have been raised concerning its inefficiency, its bureaucracy, the length of its proceedings, and its huge cost. 81

81 See generally Steflja 2012 https://www.africaportal.org/publications/challenges-of-transitional-justice-in-rwanda/.

A key issue raised related to the disconnectedness of the tribunal from Rwandan society. The ICTR has been criticised for taking justice far away from the people. With the seat of the tribunal being located in Arusha, Tanzania, 82

82 UN Security Council Resolution 977: Designation of Arusha as the Seat of the International Tribunal for Rwanda UN Doc S/RES/977 (1995).

5.2 Gacaca courts: Locally owned and controlled justice

Traditionally, in the pre-genocide era, Gacaca courts (Inkiko Gacaca) were small community courts used for settling family disputes. 84

84 Gacaca courts initially dealt with private local matters related to land, marriage, cattle, loans and property, before they were modernised and their jurisdiction was expanded to deal with genocide cases: see generally Kavuro 2017 SACJ 38-71. Also see Reyntjens 1990 Politique Africaine 40; De Jonge Interim Report.

imprisonment, correctional service and community service. 87

87 Kavuro 2017 SACJ 43.

The idea of using the Gacaca system was welcomed by Rwandans as it resonated with the local communities. The challenge, however, resided in the fact that the traditional Gacaca court had never dealt with serious crimes such as genocide and crimes against humanity. 91

91 Lin 2005 ILSA J Int'l & Comp L 76.

Comparatively, the Gacaca courts have received more praise in Rwandan communities than the ICTR regarding their contribution to transforming Rwandan society, 95

95 Westberg 2010 U Kan L Rev 351.

The Gacaca system disseminated a powerful message to future generations of Rwandans: forgiveness. Through the Gacaca courts, Rwandans were reminded of and remoulded in their traditional values of forgiveness and oneness, without which feelings of distrust and hatred could lead to the resurgence of violence. 97

97 Westberg 2010 U Kan L Rev 352.

Gacaca had its weaknesses, however. Some authors have condemned the Gacaca court system as a political tool of the transitional government used

to paint the Hutus as perpetrators of genocide rather than a forum for justice for all Rwandans. 98

98 Kavuro 2017 SACJ 70.

Furthermore, critics have raised the lack of legal training of the Gacaca judges (Inyangamugayo) as posing a legitimacy problem to the Gacaca system. The only training the judges had, was on the procedures of operating Gacaca courts. 100

100 See Kaliisa Internews Arusha 1.

Also detracting from the legitimacy of the Gacaca courts was the fact that a huge number of Gacaca judges were later discovered to have been involved in genocide themselves. 103

103 Ingelaere "Gacaca Courts in Rwanda" 38.

5.3 Lessons from Rwanda

By interrogating the transitional justice model of Rwanda, this paper holds, given the existence of discrimination in Cameroon fuelled by the actions of the Francophone-led government against Anglophones, that the crisis has the potential to escalate into genocide-like violent clashes between the Anglophones and Francophones, if not addressed.

In Rwanda discrimination against the Hutu (regarding them as low-class people as opposed to Tutsis, who were regarded as high-class people) was initiated by the Belgian colonial government. This discrimination was entrenched and emulated by Tutsi governments, which led to a Hutu revolution against Tutsis, which eventually grew into a genocide. Cameroon should therefore learn from the Rwandan experience and deal with the root causes of the Anglophone crisis in order to foster reconciliation and unity.

Furthermore the Rwandan transitional model, which utilised both international and national (local) transitional justice mechanisms, demonstrated that local justice through the Gacaca courts had a more far-reaching impact on Rwandan society than international justice delivered

through the ICTR. As such, this paper suggests that Cameroon should strengthen its domestic judicial system (which is today better than that of Rwanda in the aftermath of the genocide) to enable it to address the crimes committed, rather than relying on an international response. Although there is a lack of trust in the current government institutions, any international involvement should be limited to facilitating and monitoring, while maintaining local control and ownership.

Additionally, if justice through human rights prosecutions is to be served in Cameroon, the powers of judicial bodies must be restored to adjudicate on cases without government interference in order to restore citizens' confidence in the judicial system's ability to provide justice, failing which only a caricature of justice would ensue.

6 Conclusion

Having discussed the transitional justice perspectives of South Africa and Rwanda, this paper resolves that impunity for the human rights violations committed in the Anglophone crisis may be confronted through the institution of a transitional justice model which considers various aspects of post-conflict justice as portrayed in the South African and Rwandan responses to the atrocities committed in those countries.

It is thus submitted that, while the establishment of a truth commission would enable Cameroon to uncover the truth about the atrocities committed in the Anglophone crisis and the perpetrators thereof, as well as to interrogate the root causes of the Anglophone crisis and to offer victims the opportunity to tell their stories and claim reparations, the element of prosecution should not be overlooked. If the culture of impunity is to be eradicated and the rule of law strengthened, individuals (both state and non-state) responsible for the worst abuses must be prosecuted and punished. It is against this backdrop that this paper recommends the establishment of an Anglophone Cameroon Truth, Justice and Reconciliation Commission (ACTJRC) as a holistic transitional justice mechanism that combines both retributive and restorative justice techniques, in order not just to restore and reconcile society but also to make a strong statement of intolerance of impunity, thus deterring any future violence.

While this paper highlights the need for transitional justice for the situation in Anglophone Cameroon, it acknowledges the challenges that have obstructed the pursuit of justice, including the lack of political will, the lack of judicial independence, and the ongoing nature of the crisis. How to best surmount these challenges remains a matter for future research.

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Sarkin J "The Tension between Justice and Reconciliation in Rwanda: Politics, Human Rights, Due Process and the Role of the Gacaca Courts in Dealing with the Genocide" 2001 JAL 143-172

Schabas "Post-Genocide Justice in Rwanda"

Schabas WA "Post-Genocide Justice in Rwanda: A Spectrum of Options" in Kaufman ZD and Clark P (eds) After Genocide: Transitional Justice, Post-Conflict Reconstruction, and Reconciliation in Rwanda and Beyond (Oxford University Press 2009) 207-227

Schabas 2003 JICJ

Schabas WA "National Courts Finally Begin to Prosecute Genocide, the 'Crime of Crimes'" 2003 JICJ 39-63

Schabas 2004 UC Davis Journal of International Law and Policy

Schabas WA "Amnesty, the Sierra Leone Truth and Reconciliation Commission and the Special Court for Sierra Leone" 2004 UC Davis Journal of International Law and Policy 145-169

Scharf 1996 Tex Int'l LJ

Scharf MP "Swapping Amnesty for Peace: Was There a Duty to Prosecute International Crimes in Haiti?" 1996 Tex Int'l LJ 31 1-42

Stevens 2005 African Safety Promotion

Stevens G "Truth, Confessions and Reparations: Lessons from the South African Truth and Reconciliation Commission" 2005 African Safety Promotion 23-39

Teitel 2003 Fordham Int'l LJ

Teitel R "Transitional Justice in a New Era" 2003 Fordham Int'l LJ 893-906

Teitel 2003 Harv Hum Rts J

Teitel RG "Transitional Justice Genealogy" 2003 Harv Hum Rts J 69-94

TRC Report Volume 1

Truth and Reconciliation Commission Truth and Reconciliation Commission of South Africa Report Volume 1 (The Commission Cape Town 1998)

Trouille 2016 JICJ

Trouille HL "France, Universal Jurisdiction and Rwandan Génocidaires: The Simbikangwa Trial" 2016 JICJ 195-217

Tutu No Future without Forgiveness

Tutu D No Future without Forgiveness (Doubleday New York 1999)

Van der Merwe and Chapman Truth and Reconciliation in South Africa

Van der Merwe H and Chapman AR Truth and Reconciliation in South Africa: Did the TRC Deliver? (University of Pennsylvania Press Philadelphia 2008)

Westberg 2010 U Kan L Rev

Westberg MM "Rwanda's Use of Transitional Justice after Genocide: The Gacaca Courts and the ICTR" 2010 U Kan L Rev 331-367

Case law

AZAPO v Truth and Reconciliation Commission 1996 8 BCLR 1015 (CC)

The Citizen 1978 (Pty) Ltd v McBride 2011 8 BCLR 816 (CC)

The Prosecutor v Paul Bisengimana (Judgment and Sentence) 2006 ICTR 00-60-T

The Prosecutor v Vincent Rutaganira (Judgment and Sentence) 2005 ICTR-95-1C-T

Legislation

Rwanda

Organic Law Establishing the Organisation, Competence and Functioning of Gacaca Courts Charged with Prosecuting and Trying the Perpetrators of the Crime of Genocide and Other Crimes against Humanity, Committed between October 1 1990 and December 31 1994 Organic Law No 16/2004 of 2004, as modified by Organic Law No 28/2006 of 2006

South Africa

Group Areas Act 41 of 1950

Immorality Act 23 of 1957

Prohibition of Mixed Marriages Act 55 of 1949

Promotion of National Unity and Reconciliation Act 34 of 1995

Public Safety Act 3 of 1953

Reservation of Separate Amenities Act 49 of 1953

Suppression of Communism Act 44 of 1950

Terrorism Act 83 of 1967

Unlawful Organisations Act 34 of 1960

International instruments

International Convention on the Suppression and Punishment of the Crime of Apartheid (1973)

Rome Statute of the International Criminal Court (1998)

UN Committee against Torture: Consideration of Reports Submitted by States Parties under Article 19 of the Convention: Conclusions and Recommendations, South Africa UN Doc CAT/C/ZAF/CO/1 (2006)

UN Security Council Resolution 955: International Criminal Tribunal for Rwanda UN Doc S/RES/955 (1994)

UN Security Council Resolution 977: Designation of Arusha as the Seat of the International Tribunal for Rwanda UN Doc S/RES/977 (1995)

Internet sources

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Act Alliance 2019 Life-Saving Assistance and Resilience-Building for IDPs in the Anglophone Regions of Cameroon https://reliefweb.int/report/ cameroon/act-alliance-appeal-cameroon-conflict-emergency-cmr191 accessed 10 December 2019

Amnesty International 2010 https://www.amnesty.org/en/documents/afr47/ 005/2010/en/

Amnesty International 2010 Safer to Stay Silent: The Chilling Effect of Rwanda's Laws on "Genocide Ideology" and "Sectarianism" https://www.amnesty.org/en/documents/afr47/005/2010/en/ accessed 20 March 2021

Amnesty International 2018 https://www.amnesty.org/download/ Documents/AFR1784812018ENGLISH.PDF

Amnesty International 2018 A Turn for the Worse: Violence and Human Rights Violations in Anglophone Cameroon https://www.amnesty.org/ download/Documents/AFR1784812018ENGLISH.PDF accessed 3 July 2019

Brankovic 2014 https://www.csvr.org.za/african-union-transitional-justice-policy-framework-in-practice-implementing-accountability-measures/

Brankovic J 2014 African Union Transitional Justice Policy Framework in Practice: Implementing Accountability Measures https://www.csvr.org.za/ african-union-transitional-justice-policy-framework-in-practice-implementing-accountability-measures/ accessed 24 February 2024

Cameroon-info.net 2016 http://www.cameroon-info.net/article/cameroun-honorable-joseph-wirba-depute-du-bui-ceux-qui-affirment-que-le-cameroundoit-277266.html

Cameroon-info.net 2016 Honorable Joseph Wirba: Ceux qui Affirment que le Cameroun Doit Être Divisé en Deux Ont Raison http://www.cameroon-info.net/article/cameroun-honorable-joseph-wirba-depute-du-bui-ceux-qui-affirment-que-le-cameroundoit-277266.html accessed 27 June 2020

Dionne 2018 https://www.nytimes.com/2018/10/06/world/africa/cameroon-election-biya-ambazonia.html

Dionne S 2018 Cameroon on a Brink of Civil War as English Speakers Recount "Unbearable" Horror https://www.nytimes.com/2018/10/06/ world/africa/cameroon-election-biya-ambazonia.html accessed 22 June 2020

Human Rights Watch 2011 https://www.hrw.org/report/2011/05/31/justice-compromised/legacy-rwandas-community-based-gacaca-courts

Human Rights Watch 2011 Justice Compromised: The Legacy of Rwanda's Community-Based Gacaca Courts https://www.hrw.org/report/2011/05/31/ justice-compromised/legacy-rwandas-community-based-gacaca-courts accessed 20 March 2021

Human Rights Watch 2018 https://www.hrw.org/sites/default/files/ report_pdf/cameroon0718_web2.pdf

Human Rights Watch 2018 "These Killings Can Be Stopped": Abuses by Government and Separatist Groups in Cameroon's Anglophone Regions https://www.hrw.org/sites/default/files/report_pdf/cameroon0718_web2.pdf accessed 27 July 2019

Human Rights Watch 2019 https://www.hrw.org/news/2019/03/28/ cameroon-new-attacks-civilians-troops-separatists

Human Rights Watch 2019 Cameroon: New Attacks on Civilians by Troops, Separatists https://www.hrw.org/news/2019/03/28/cameroon-new-attacks-civilians-troops-separatists accessed 24 June 2020

Human Rights Watch 2019 https://www.hrw.org/news/2019/07/22/ cameroon-security-forces-kill-civilians-rape-woman

Human Rights Watch 2019 Cameroon: Security Forces Kill Civilians, Rape Woman https://www.hrw.org/news/2019/07/22/cameroon-security-forces-kill-civilians-rape-woman accessed 25 February 2024

ICTR 2008 https://unictr.irmct.org/sites/unictr.org/files/legal-library/ directive-assignment-defence-counsel_en_fr.pdf

International Criminal Tribunal for Rwanda 2008 Directive on the Assignment of Defence Counsel https://unictr.irmct.org/sites/unictr.org/ files/legal-library/directive-assignment-defence-counsel_en_fr.pdf accessed 28 May 2021

International Crisis Group 2017 https://d2071andvip0wj.cloudfront.net/250-cameroons-anglophone-crisis-at-the-crossroads_0.pdf

International Crisis Group 2017 Cameroon's Anglophone Crisis at the Crossroads https://d2071andvip0wj.cloudfront.net/250-cameroons-anglophone-crisis-at-the-crossroads_0.pdf accessed 26 July 2019

Longari 2018 https://www.france24.com/en/20190911-cameroonian-president-biya-national-dialogue-anglophone-separatists

Longari M 2018 Cameroon's President Vows "National Dialogue" to Ease Tensions with Anglophone Separatists https://www.france24.com/ en/20190911-cameroonian-president-biya-national-dialogue-anglophone-separatists accessed 14 September 2019

Merten 2021 https://www.dailymaverick.co.za/article/2021-05-16-amending-constitutions-section-25-draws-to-a-close-but-eff-makes-last-stand-for-nationalisation/

Merten M 2021 Land Expropriation without Compensation: Amending Constitution's Section 25 Draws to a Close – but EFF Makes Last Stand for Nationalization https://www.dailymaverick.co.za/article/2021-05-16-amending-constitutions-section-25-draws-to-a-close-but-eff-makes-last-stand-for-nationalisation/ accessed 18 April 2021

Moyo 2022 https://www.ru.ac.za/latestnews/rhodesuniversityhelpsbrings historytothepresentthroughthedigitisationo.html

Moyo N 2022 Rhodes University Helps Brings History to the Present through the Digitisation of Cradock 4 Inquest Documentation https://www.ru.ac.za/latestnews/rhodesuniversityhelpsbringshistorytothepresentthroughthedigitisationo.html accessed 30 August 2023

NPA 2023 https://www.npa.gov.za/media/npa-further-enhances-efforts-ensure-effective-handling-and-prosecution-trc-cases

National Prosecuting Authority 2023 NPA Further Enhances Efforts to Ensure Effective Handling and Prosecution of TRC Cases https://www.npa.gov.za/media/npa-further-enhances-efforts-ensure-effective-handling-and-prosecution-trc-cases accessed 30 August 2023

OSAC 2019 https://www.osac.gov/Country/Cameroon/Content/Detail/ Report/b1678858-8009-43c5-9c7b-160eea6972d9

Overseas Security Advisory Council 2019 Cameroon 2019 Crime and Safety Report https://www.osac.gov/Country/Cameroon/Content/Detail/ Report/b1678858-8009-43c5-9c7b-160eea6972d9 accessed 20 June 2020

SABC 2015 https://social.shorthand.com/SABCNewsOnline/nyCsx09gnf/ understanding-amnesty-in-south-africa

SABC News Online 2015 Understanding Amnesty in South Africa: What Really Happened at the TRC? https://social.shorthand.com/SABCNews

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Steflja 2012 https://www.africaportal.org/publications/challenges-of-transitional-justice-in-rwanda/

Steflja I 2012 Challenges of Transitional Justice in Rwanda https://www.africaportal.org/publications/challenges-of-transitional-justice-in-rwanda/ accessed 25 April 2021

UN International Commission of Inquiry on Darfur 2005 https://reliefweb.int/sites/reliefweb.int/files/resources/D2867CFA4E80B979C1256FC4005209FC-ici-sud-25feb.pdf

United Nations International Commission of Inquiry on Darfur 2005 Report of the International Commission of Inquiry on Darfur to the United Nations Secretary-General https://reliefweb.int/sites/reliefweb.int/files/resources/D2867CFA4E80B979C1256FC4005209FC-ici-sud-25feb.pdf accessed 28 April 2021

List of Abbreviations