It is striking that we remember and commemorate April 13, 1975 as the official start date of what has come to be known as the «civil war», and yet we do not remember or commemorate its end-the same way we commemorate the end of other events, like that of World War II in 1945. Why do we not celebrate the beginning of peace, but rather the beginning of war? Is it because many people feel that the war has not ended yet and that it continues by other means and tools? War still makes its presence felt through incendiary rhetoric, sectarian and political battles, or through localized wars. And the war will continue to feel as if it never ended as long as we fear its possible return at any moment, and talking or writing about it remain almost a taboo. It feels as if it never ended as long as we have not integrated it into educational and cultural programs, which recount its facts and results, and enables children and young people to understand their country by thinking critically about history, thus contributing to preventing recurrence of violence and crises, and to building a real and lasting peace.
A generation that knows nothing of the war but its name
When I communicate with groups of students during my lectures at schools and universities about the war and its impact on people and society, I am surprised to discover that a vast majority knows nothing of the war but its name, whereas only a minority has valid historical information. I not only talk to them about the past that I lived when I was their ages, or the past of their mothers and fathers, but also about the ongoing violence that they live and may also be victims to. In the last decade, the young generation has lived through wars near and far. They have been watching the war in Syria since 2011 and its consequences that include killings, forced displacement, enforced disappearances and direct violence that has spread to their country. They remember the 2006 war, which had a significant impact on many of them, and did not forget the series of assassinations, bombings and internal armed clashes that started in 2005, from Beirut to Nahr al-Bared, Tripoli, and Abra. We have to admit that we have not succeeded in protecting our children from political violence, and state institutions have not succeeded in ensuring their security and defending them from recurring human rights violations.
This generation has the right to wonder why the cycle of violence continues. It has the right to know the causes of this violence, and it has also the right to protection from it by the state. As specialists and professionals in peacebuilding and transitional justice, we try to raise awareness among the Lebanese youth and society about the importance of dealing with political violence from a humanitarian and educational perspective that contributes to laying the proper and sound foundations for a true and lasting peace.
We will not go into the circumstances in which the Taif Agreement was reached and what followed, which has been extensively covered. But we will try to place it in the context of transitional justice based on mechanisms or initiatives that focus on victims of political violence and serious violations of human rights, in the transitional period from war to peace, or during democratic transformation from an authoritarian regime to a state that respects freedoms. In addition to prosecuting the main perpetrators, non-criminal proceedings contribute to providing remedies to the victims, and they include truth commissions that may contribute to revealing facts and recognizing their suffering. In contrast to trials that involve only a small number of victims, truth commissions allow large numbers of victims to express their stories, their suffering and the violations committed against them. These commissions often recommend creating individual and collective reparations programs if entire groups or villages were victim of gross violations. Moreover, remembrance initiatives, commemoration and public apologies are also considered a form of remedy, recognizing the truth and the suffering of victims. The basic procedures in the transitional phase also include institutional reform, in particular of the judiciary and the security sector, and may include the amendment of the country’s constitution and laws to be brought in line with international standards of human rights.
What justice in Lebanon?
In post-1990 Lebanon, transitional justice was not the choice of the «civil peace» governments. It was out of the question for ruling political leaders that were produced by the war to hold themselves accountable, and disclose the whole truth in history books or commemorate the war. While the Lebanese remember April 13 as a dire date, and some civil society organizations commemorate it is «not to be repeated», the Lebanese State continues to refuse to consider it a national day of remembrance and drawing lessons. Hence, the use of the term «amnesia» or the official memory loss created by the political class in an attempt to erase 15 years and more-so as not to exclude 15 years of Syrian tutelage and violations-from the memory of the Lebanese and preventing it from school curricula. The State also relentlessly continues to use its security services to ban films and monitor artistic products tackling the war, under the pretext of «maintaining civil peace» and avoiding «sectarian tensions», and other unconvincing and useless arguments.
The war came to an end with a political settlement-not a peace agreement-between the militia leaders, and with the blessing of Arab and international actors. They reconciled among themselves and promoted the myth of «neither winners nor losers», as, in fact, part of the forces that participated in the war came out lost and defeated. Another legend of the many legends of the war that we echo: «All are perpetrators and all are victims.» It is a slogan that obliterated the rights of war victims, especially the missing and their families, and justified the amnesty for the perpetrators through the «let bygones be bygones» law, with exceptions categorizing and discriminating among victims. The amnesty law adopted in 1991 by MPs of Parliament of a dubious legitimacy, elected in 1972, excludes crimes committed against political and religious leaders, and foreign diplomats, which were remitted to the Justice Council, while exempting perpetrators of crimes against ordinary people. Thus, «civil peace» was imposed on the ruins of justice, reparations and the rights of the people. After years of suffering and war, the Lebanese did not try to challenge or reject the settlement—the deal and its subsequent related procedures. They just wished for the cannons to be silenced and to lead normal and dignified lives. Justice was exchanged for a promised civil peace and the rule of law under the guardianship of a system that did not respect justice or human rights. And with that the culture of impunity continued from the top of the pyramid to the bottom.
Transitional justice is a foundational approach to confronting the violence of the distant and near past, and building a real and lasting peace. In Lebanon, the handling of the war displaced dossier was the only measure taken by the State in terms of material reparations, with the establishment of the Ministry of the Displaced and its compensation fund. But we know full well that the process fell short of the expectations of tens of thousands of victims of displacement, by not explicitly acknowledging their suffering, by equating them with perpetrators directly responsible for their displacement and the killing of their families, or by a suspicious process marred by corruption and clientelism. There was talk of return and reconciliation in the villages of the Mountain, but no one mentioned the victims or their feelings, or their right to a remedy and justice. In addition, the issue of the missing remains central to any attempt to build a real peace in Lebanon. But is the political class willing to seriously address this issue, including that of the people responsible during the war for abductions, disappearances and killings of thousands? What can be done then to build a real and lasting peace in Lebanon? What can the transitional justice process offer? And how to pressure the Lebanese State to adopt it in its policies?
In the absence of a political will to deal with the outstanding war issues, in recent years, civil society organizations led the initiatives contributing to confronting the past and centering on projects and activities reviving the memory of the war and promoting intergenerational dialogue and reconciliation. Certain initiatives focused on raising awareness and motivating society, and pressuring governments to address the issue of missing persons. Many reports and studies on the repercussions of the war have been published highlighting the importance of addressing its effects through transitional justice. In 2014, a consortium of civil society groups and academics, with the support of the International Center for Transitional Justice (ICTJ), developed a set of recommendations that may constitute an effective roadmap to address the past and ensure the victims of political violence the right to a remedy, to allow building a sound foundation for genuine reconciliation between groups and individuals, including Palestinians and Syrians.
No Justice, No Peace is not just a slogan. It is also a practice and a path chosen by nations that have known wars and tyranny. Criminal accountability is an essential part of justice to prevent the recurrence of violence and wars, and end impunity. But justice is also the right to a remedy for victims of political violence, especially those who continue to suffer, such as the families of the missing. And justice is also making it possible for the new generation to learn what happened in its country and why, by allowing historians and educators to develop integrated educational programs chronicling the historical facts of Lebanon, and recounting and showing respect to the memories of the Lebanese and non-Lebanese communities living on its land. And justice is to put an end to the discrimination between citizens in Lebanon and allow its refugee guests to live in dignity and humanity so as not to be driven to hatred, extremism and violence. Justice is in developing underprivileged and poor areas, reforming state institutions and applying the rule of law to restore citizens’ trust in them. When justice and remedies are achieved, and only then, can we talk of peace and draw lessons from the past-so as it does not happen again—and build a safe and stable tomorrow for our children and future generations.
1 - https://www.ictj.org/sites/default/files/ICTJ-Lebanon-Recommendations-2014-ENG.pdf