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1
Little, David. "A Different Kind of Justice: Dealing with Human Rights Violations in Transitional Societies." Ethics & International Affairs 13 (March 1999): 65–80. http://dx.doi.org/10.1111/j.1747-7093.1999.tb00327.x.
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In “transitional societies” like South Africa and Bosnia, which are currently moving from authoritarianism, and often violent repression, to democracy, questions arise about the appropriate way to deal with serious human rights offenders. Will a system of retributive justice bring about the healing and harmony necessary for peace and stability? Or, is “a different kind of justice” required, one explicitly aimed at reconciliation, and designed to repair and restore relations, and, perhaps, to forgive offenders rather than prosecute them? Are the systems mutually exclusive, or can they be combined in some way?In an effort to clarify terms and sharpen practical choices, this essay distinguishes between retributive and restorative justice and relates the distinction to constructive proposals concerning the ideas of forgiveness and reconciliation. The essay then applies the proposed framework to two recent efforts to cope with the problem: the truth and reconciliation commissions of South Africa and Bosnia and Herzegovina.
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Verwoerd, Wilhelm J. "Toward the Truth About the Trc: a Response To Key Moral Criticisms of the South African Truth and Reconciliation Commission." Religion and Theology 6, no. 3 (1999): 303–24. http://dx.doi.org/10.1163/157430199x00209.
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AbstractIn this article the 'genre' of the TRC Report is clarified in order to answer some of the criticisms of the TRC. It is argued that the TRC conceptualised its role as the promotion of restorative justice rather than retributive justice. Justice and reconciliation is served not by isolating perpetrators of gross human rights violations but by restoring human community. Different aspects of the effects of the TRC's work are considered, namely reconciliation, amnesty and forgiveness Justice-based and reconciliation-based criticisms of the TRC are answered.
3
Ujomu, Philip Ogochukwu. "Africa’s Crisis of Social and Political Order and the Significance of Ubuntu Human Values for Peace and Development." Culture and Dialogue 8, no. 1 (May 19, 2020): 97–115. http://dx.doi.org/10.1163/24683949-12340077.
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Abstract Social life across the African continent is largely threatened by intolerance, injustice, lack of equal opportunity, inequity in resource distribution, lack of compassion, unfair treatment and disrespect for others’ rights, as well as compromising intrusion of ethnicity, corruption, terrorism and religion into affairs of the state. So, Africans largely struggle with the political problem of building and sustaining societies and institutions that can be civil and compliant to the rule of law. There exists an African problem of political justice (obedience to constitutional and procedural law and order) and social justice (fair treatment and equal opportunities). Disorder and parochialism in a sociopolitical system are mainly instigated by inefficiency and over-politicization of major developmental institutions. We recommend some human values of Ubuntu such as mutual respect, cooperation for the common good and the pursuit of reconciliation as pillars for stable and viable political and social order across most parts of Africa.
4
Rojas, Hugo, Salvador Millaleo, and Miriam Shaftoe. "Transitional Justice in Established Democracies: Analysis of the Canadian, South African, and Chilean experiences." Latin American Legal Studies 10, no. 2 (2022): 470–533. http://dx.doi.org/10.15691/0719-9112vol10n2a9.
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In the last four decades, theories and mechanisms of transitional justice have been formulated and implemented in numerous countries, forming an interdisciplinary theoretical and practical corpus. This paper proposes to expand the scope of transitional justice so that it can be applied in stable democracies. The proposed reformulation could be useful to address structural injustices affecting indigenous peoples, that are a legacy of colonialism and assimilationist policies, and to address acts of state repression that constitute serious human rights violations. These reflections are formulated on the basis of three recent case studies: 1) from the Canadian experience, the Royal Commission on Indigenous Peoples, the Truth and Reconciliation Commission, and the National Inquiry into Missing and Murdered Indigenous Women and Girls are analyzed; 2) from South Africa, the Truth and Reconciliation Commission, the Constituent Process and the Land Reform are discussed; and 3) from the Chilean case, the link between social unrest and transitional justice, as well as the Constituent Process, are explained.
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Nako, Nontsasa. "On the record with Judge Jody Kollapen." South African Crime Quarterly, no. 66 (April 18, 2019): 53–56. http://dx.doi.org/10.17159/2413-3108/2018/v0n66a6242.
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With the revelations by Bosasa officials at the State Capture Enquiry, held in early 2019, laying bare the corrupt links between prisons, detention centres and border control, and high ranking political and government officials, the time is ripe to excavate the capitalist interests that fuel incarceration in this country. How did the prison industrial complex overtake the lofty principles that ushered in the South African democratic era? Judge Jody Kollapen is well-placed to speak to about the evolution of the South African prison from a colonial institute that served to criminalise and dominate 'natives', to its utility as instrument of state repression under apartheid, to its present manifestation in the democratic era. He has laboured at the coalface of apartheid crime and punishment through his work as an attorney in the Delmas Treason Trial, and for the Sharpeville Six, and also worked as a member of Lawyers for Human Rights, where he coordinated the 'Release Political Prisoners' programme, Importantly, Justice Kollapen had a ringside seat at the theatre of our transition from apartheid to democracy as he was part of the selection panel that chose the commissioners for the Truth and Reconciliation Commission (TRC). Many questions can be asked of the South African TRC including whether it was the best mechanism to deal with the past and whether it achieved reconciliation. What concerns us here is its impact on crime and punishment in the democratic era. If our transition was premised on restorative justice, then shouldn’t that be the guiding principle for the emerging democratic state? In line with this special edition’s focus on the impact of incarceration on the marginalized and vulnerable, Judge Kollapen shares some insights on how the prison has fared in democratic South Africa, and how imprisonment affects communities across the country. As an Acting Judge in the Constitutional Court, a practitioner with a long history of civic engagement, and someone who has thought and written about criminalization, human rights and prisons, Judge Kollapen helps us to think about what decolonization entails for prisons in South Africa.
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Nako, Nontsasa. "On the record with Judge Jody Kollapen." South African Crime Quarterly, no. 66 (April 18, 2019): 53–56. http://dx.doi.org/10.17159/2413-3108/2018/i66a6242.
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With the revelations by Bosasa officials at the State Capture Enquiry, held in early 2019, laying bare the corrupt links between prisons, detention centres and border control, and high ranking political and government officials, the time is ripe to excavate the capitalist interests that fuel incarceration in this country. How did the prison industrial complex overtake the lofty principles that ushered in the South African democratic era? Judge Jody Kollapen is well-placed to speak to about the evolution of the South African prison from a colonial institute that served to criminalise and dominate 'natives', to its utility as instrument of state repression under apartheid, to its present manifestation in the democratic era. He has laboured at the coalface of apartheid crime and punishment through his work as an attorney in the Delmas Treason Trial, and for the Sharpeville Six, and also worked as a member of Lawyers for Human Rights, where he coordinated the 'Release Political Prisoners' programme, Importantly, Justice Kollapen had a ringside seat at the theatre of our transition from apartheid to democracy as he was part of the selection panel that chose the commissioners for the Truth and Reconciliation Commission (TRC). Many questions can be asked of the South African TRC including whether it was the best mechanism to deal with the past and whether it achieved reconciliation. What concerns us here is its impact on crime and punishment in the democratic era. If our transition was premised on restorative justice, then shouldn’t that be the guiding principle for the emerging democratic state? In line with this special edition’s focus on the impact of incarceration on the marginalized and vulnerable, Judge Kollapen shares some insights on how the prison has fared in democratic South Africa, and how imprisonment affects communities across the country. As an Acting Judge in the Constitutional Court, a practitioner with a long history of civic engagement, and someone who has thought and written about criminalization, human rights and prisons, Judge Kollapen helps us to think about what decolonization entails for prisons in South Africa.
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Mendy, Ousu. "APPRAISAL OF INTERNATIONAL CRIMINAL COURTS: LESSONS FOR THE GAMBIA ON JAMMEH’S ALLEGED CRIMES." Justitia et Pax 38, no. 2 (December 9, 2022): 1–31. http://dx.doi.org/10.24002/jep.v38i2.6305.
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This research is determined to present an appraisal of International Criminal Tribunal for Rwanda (hereinafter referred to as ICTR) from an international law perspective in their quest to serve justice after the perpetration of the heinous atrocities of genocide in 1994 in Rwanda and other criminal tribunals and courts. It examines the failure of the international community to intervene, the raison d’être of ICTR as the main tribunal in this research and its fate. It focuses on the national mechanisms and the need for The Gambia to achieve justice for victims of the former President, Yahya Jammeh by reflecting on Rwanda. These findings are used to gauge The Gambia’s Truth, Reconciliation and Reparations Commission’s (hereinafter referred to as the TRRC) recommendations and The Gambia’s white paper on Jammeh’s alleged crimes. It examines the violation of human rights, the prospects of this white paper and my perspective on possible mechanisms for social justice, integration and cohesion in The Gambia. This research, therefore, finds out that a hybrid court led by The Gambia and supported by judges in Africa is quite relevant to dealing with these alleged crimes because it is established with the aim of addressing this issue of Jammeh’s alleged human rights violations. This is so when The Gambia liaises with the African Union and the Economic Community of West African States to strengthen this hybrid court by providing this court with judges of outstanding legal acumen in hearing cases of such.
8
Cohen, Stanley. "State Crimes of Previous Regimes: Knowledge, Accountability, and the Policing of the Past." Law & Social Inquiry 20, no. 01 (1995): 7–50. http://dx.doi.org/10.1111/j.1747-4469.1995.tb00681.x.
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The policy of lustration is set in the context of responses to abuses of power by previous regimes. Using examples from three recent forms of social reconstruction (in Latin America, the former communist states, and South Africa), the author reviews the “justice in transition” debate. How do societies going through democratization confront the human rights violations committed by the previous regime? Five aspects of this debate are reviewed: (1) truth: establishing and confronting the knowledge of what happened in the past; (2) justice: making offenders accountable for their past violations through three possible methods: punishment through the criminal law, compensation and restitution, and mass disqualification such as lustration; (3) impunity: giving amnesty to previous offenders; (4) expiation; and (5) reconciliation and reconstruction. A concluding discussion raises the implications of the subject for the study of time and social control.
9
Popkin, Margaret, and Nehal Bhuta. "Latin American Amnesties in Comparative Perspective: Can the Past Be Buried?" Ethics & International Affairs 13 (March 1999): 99–122. http://dx.doi.org/10.1111/j.1747-7093.1999.tb00329.x.
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Throughout Latin America during the past 15 years, new democratic or postwar governments have faced demands for transitional justice following the end of authoritarian rule or the conclusion of internal armed conflicts.Demands for justice for serious past abuses have often been met by threats of destabilization by the perpetrators and calls for forgiving and forgetting in the name of reconciliation.Although recent developments in and interpretations of international law oblige states to punish those responsible for serious human rights violations, many transitional governments insist that reconciliation requires broad amnesty laws. This essay first reviews basic legal and conceptual issues relating to prosecution of, and grants of amnesty to, those responsible for gross human rights abuses during earlier periods. A comparative examination follows, starting with El Salvador, where the amnesty law constitutes the most comprehensive and successful action to end efforts to address past abuses. The essay then reviews the status of efforts in Argentina, Chile, Honduras, Guatemala, and South Africa, where, despite amnesty laws, civil society and courts have sought to uncover the truth about the past, hold perpetrators accountable, and obtain redress for victims.
10
زوردەشت, پەریان. "Evaluating the mechanisms of transitional justice in Iraq (a critical study)." Journal for Political and Security Studies 5, no. 1 (June 1, 2022): 11–38. http://dx.doi.org/10.31271/jopss.10057.
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Transitional justice is one of the most important factors for the political stability of countries. Especially in countries whose political system is going through a stage of transition from a state of grave violations of human rights to a stage of commitment to the protection of human rights, or countries that are exposed to political and economic crises that force them to go through transitional stages. Among these experiences stands out the experience of transitional justice in Iraq, which began since the United States occupied Iraq in 2003, passed through several stages, adopted several mechanisms, and established many institutions and laws that took upon themselves the achievement of the goals of transitional justice, and were directly or indirectly reflected on the political process in Iraq. In view of the above, a number of questions are raised, perhaps the most prominent of which are: What are the mechanisms of transitional justice that were applied in Iraq after 2003? Were these mechanisms able to achieve the goals of transitional justice? In order to study this problem, The research stems from the hypothesis that “the implementation of transitional justice mechanisms in Iraq after 2003 was carried out in a selective manner that lacks transitional justice standards, and the achievement of national reconciliation, due to the different goals and orientations of the political elites in Iraq and their external connections, which led to the failure of transitional justice in Iraq.” The most important results of this study were; It is not to benefit from the international experiences of transitional justice, especially the models closest to Iraq, such as South Africa, and to seek the assistance of experts in the field from those countries that share with Iraq the past of dictatorial rule and division on racial grounds.
11
Milde, Michael. "Real Respect for the Rule of Law." Canadian Journal of Law & Jurisprudence 12, no. 2 (July 1999): 333–46. http://dx.doi.org/10.1017/s0841820900002265.
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Judging the Judges, Judging Ourselves is an excellent book for at least three reasons. First, it is a critically engaged, firsthand account of a unique legal and political event: the inquiry by South Africa’s Truth and Reconciliation Commission into the operation of that country’s legal system under Apartheid. Second, it develops an extended argument for a challengingly normative conception of the rule of law, complete with compelling practical illustrations of what can happen if officials charged with maintaining the integrity of a legal system adopt a less substantive standard. And third, the book is well written and a pleasure to read.South Africa’s Truth and Reconciliation Commission (TRC) represents an unusual attempt to confront, acknowledge and overcome the devastating injustice, violence and hatred generated during the Apartheid era. What makes it unusual is the conscious decision to set aside demands for retributive justice. Instead, by exposing abuses and violations of human rights, and then compensating victims and pardoning confessed perpetrators, the TRC aimed to establish a framework in which former antagonists could set aside adversarial postures and work together to create a new, integrated and just South Africa. Whether this laudable experiment will succeed remains to be seen.What was clear early on was that the TRC could not hope to complete its task if it did not investigate the performance of the legal system and the legal profession under the Apartheid regime. Apartheid was a social and political construct that systematically denied basic human rights to the vast majority of South Africa’s population on the basis of race. A substantial amount of state violence was required to secure this result. But it is a singular, remarkable fact that the racial divide was maintained by a legal system which in many respects resembled its counterparts in liberal democratic societies where the courts actively and successfully protect civil liberties. What is particularly striking is that gross human rights violations were permitted, even approved, by legal institutions that appeared to respect such fundamental legitimacy-conferring principles as the rule of law and judicial independence. Equally troubling is the observation that the system was staffed by functionaries many of whom had unimpeachable credentials as advocates of human rights. So how could this justice system have produced such iniquitous results?
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Koopman, Nico. "Envision and Criticize: Doing Public Theology When Democracy Seems to Fail." International Journal of Public Theology 13, no. 1 (May 8, 2019): 94–108. http://dx.doi.org/10.1163/15697320-12341564.
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AbstractThis article discusses the development of a public theological response to the various challenges that have confronted South African democracy over the past twenty-five years. A public theology addresses three interdependent themes, namely the inherent public contents of faith, the public rationality of faith and the public significance of faith. The praxis of a Trinitarian theology and anthropology of vulnerability captures the emphasis liberation theology placed upon dignity, healing, justice, freedom and equality. The focus on human rights is a vehicle for justice while the call for unity—within the church and society at large—seeks a reconciliation that overcomes alienation. It seeks an end to oppression and dehumanization. In a context where the democratic vision of dignity, healing, justice, freedom and equality for all, especially for the most vulnerable, are not fulfilled, the prophetic modes of envisioning and criticism have to enjoy priority.
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Koko, Sadiki. "Implementing transitional justice in post-transition Central African Republic: What viable options?" African Human Rights Law Journal 21, no. 2 (December 31, 2021): 1–31. http://dx.doi.org/10.17159/1996-2096/2021/v21n2a38.
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The Central African Republic currently is in search of the most suitable approach to adopt in order to address serious crimes and human rights violations committed in the country in recent years. This article is a contribution to the ongoing debate relating to transitional justice options in post-transition CAR. It suggests a three-pronged policy; focusing on the perpetrators, the victims and on society generally. The proposed policy in respect of perpetrators refers to the International Criminal Court, the Special Criminal Court and the national judiciary. Amnesty could be granted to suspected perpetrators willing to cooperate fully with transitional justice institutions. Such individuals equally could be subjected to diverse forms of lustration in exchange for forgiveness. As far as victims are concerned reparation programmes should be adopted and the necessary skills provided in order to enable them, their relatives and communities to earn a living. Lastly, society-focused transitional justice initiatives could involve the effective operationalisation of the Truth, Justice, Reparation and Reconciliation Commission, the establishment of a permanent national peace and dialogue commission and the involvement of community-based mechanisms and religious leadership. Yet, in order to increase the likelihood of success for the proposed transitional justice policy, the overall capacity of the CAR state ought to be significantly improved. Furthermore, external polities will have to refrain from interfering in the country's internal affairs and, at the same time, the international community should increase its support of the CAR.
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Pathak, Bishnu. "Critiques on the Tribunals and The Hague Court." Advances in Social Sciences Research Journal 7, no. 7 (July 26, 2020): 445–91. http://dx.doi.org/10.14738/assrj.77.8636.
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This critique is a review of heinous crimes. It assesses to connect with perpetrators, victims, people and institutions and change professed through the works of the Tribunals and The Hague Court and share the feeling with the concerned ones. The objectives of the paper are three-fold: (1) to study the situations of the investigation, prosecution and punishment on accountability; (2) to analyze the preference for justice: victors’ justice or victims’ justice; and (3) to access the critiques on violations of human rights and humanitarian law beyond the borders. Experiences on Transitional Justice, Human Security, and Human Rights among others feel touched, inspired and motivated to the author for this pioneer paper. This state-of-the-art paper is examined based on archival research, exchanging and sharing way forward with over 100 international publications and lessons-learned centric theoretical approach comprising snow-ball techniques. The study theorizes: (1) Retributive Justice Theory: Punishment is justified as perpetrator deserves for penalty, equivalent vengeance; (2) Utilitarian Justice Theory: Punishment is justified to mid-and-junior level perpetrators scooting-free to the top-most policymakers including Emperor Hirohito. Allied powers believed that Hirohito can only fight against the communism; (3) Denunciation Justice Theory: Punishment is justified by pressure of society that sends a clear message: offence is a heinous crime and sentencing a perpetrator is logically just; (4) Restorative Justice Theory: Punishment is justified as crimes of perpetrators hurt everyone and justice repairs the damage satisfying through accountability, reparation, rehabilitation and reconciliation; and (5) Transnational Justice Theory: Punishment is justified to operate outside a nation territory that penalizes the perpetrators as a crime of international concern. The Nuremberg and Tokyo Tribunals had virtually been victor’s justice with self-righteous fraud and lynching bodies. The Tokyo Tribunal never talks about bombings at Chinese cities. The U.S. and its axis powers discourage future aggressions accepting victor’s justice. The UN failed to restore peace and security. Cronyism was/is widespread. All Tribunals seemed pseudo justice bodies. People criticize these for being one-sided, inefficient, ineffectiveness, politicized, lengthy, very costly and unfair bodies. The U.S. and its satellite nations control both Tribunals and The Hague Court providing funds, instruments and staff. The Hague Court is a highly debated body with many flaws, targeting mostly poor and opponent African countries. Most grave crimes committed go unpunished. Thus, justice delivery appears as a sword in a judge's toupee. If The Hague Court is continuously influenced by powerful non-signatories of Statute, the relevance of its functions are hopeless. Justice becomes elusive for the innocent, weak and poor ones.
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Mwaura, Philomena Njeri. "Integrity of Mission in the Light of the Gospel: Bearing Witness of the Spirit Among Africa's Gospel Bearers." Exchange 35, no. 2 (2006): 169–90. http://dx.doi.org/10.1163/157254306776525690.
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AbstractThe church in Africa like its counterparts elsewhere in the world is called to fulfil the mission of Christ which is basically two fold; to liberate humankind on the social-political and economic plane and to lead them to salvation on the eschatological plane. This is self-evident for Christ was not only concerned with the spiritual needs of the people, but material as well. The question therefore arises how does the church in Africa bear witness to the spirit of God and conduct her mission with integrity in its contextual realities of HIV/AIDS, refugee crises, poverty, corruption and abuse of human rights? This paper argues that though the church faces this onerous task it is vibrant, alive and dynamic but for her to be relevant and effective she must develop more imaginative ways of doing mission, being church and theological formation. She needs to be a reconciler, mediating peace and healing due to the deep hurts and painful experiences the continent has encountered over the years. This calls for an ecumenical mission and vision that entails partnering in suffering by accompanying those in pain. She needs to disciple the members through surrendering herself to Christ to be purified, sanctified and renewed. She needs to provide courageous, empowered and effective leadership with moral integrity. She also needs to embody the spirit of unity and reconciliation in a pluralistic context and extend the biblical shalom of peace, justice to the marginalized poor, women displaced people, children, disabled and victims of all forms of violence. Mission with integrity also calls for listening to the other, dialogue and speaking out against all impediments to the gospel.
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Agbor, Avitus A., and Esther E. Njieassam. "Beyond the Contours of Normally Acceptable Political Violence: Is Cameroon a Conflict/Transitional Society in the Offing?" Potchefstroom Electronic Law Journal 22 (May 21, 2019): 1–32. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a4961.
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Legal scholars and other social scientists agree that political violence comprising assaults on civil and political liberties may occur in the context of contentious politics. Unfortunately, there have been instances in history where such politics is marked by intermittent attacks against people's rights and freedoms. Such attacks occur when politics has gone sour, and there are times when the violence exceeds the bounds of what is acceptable. From the documented atrocities of Nazi Germany, the horrendous crimes of the regime of Slobodan Milosevic in the former Yugoslavia, the outrageous crimes perpetrated during the genocide in Rwanda, the shameful and despicable inhumanities inflicted on the people of Darfur in the Sudan, and the violence in post-electoral Kenya, to the bloodshed in areas like Mali, the Democratic Republic of the Congo, the Central African Republic, etc, violent conflict has punctuated world history. Added to this list of countries is Cameroon, which in the last quarter of 2016 degenerated into a hotspot of political violence in the English-speaking regions. The perpetration of political violence in Cameroon has raised serious questions that may be relevant not only to the resolution of the political problem that gave rise to the violence but also to laying the foundations of a post-conflict Cameroon that is united and honours the principles of truth, justice and reconciliation.
This paper describes some of the salient occurrences of political violence in Cameroon and argues that the presence of specific elements elevates this violence to the level of a serious crime in international law. It is argued herein that crimes against humanity may have been committed during the state action against the Anglophones in Cameroon. It is also argued that the political character of the violence, added to the scale of the victimisation and its systematic and protracted nature, qualify Cameroon as a transitional society engaged in conflict that is in need of transitional justice.
Reflecting on the extent of the suffering of the victims of such political violence, this paper discusses the function of the justice system in establishing the truth and holding the perpetrators accountable. Past instances of political violence in Cameroon have been glossed over, but in our opinion, healing a fragmented and disunited Cameroon with its history of grave violations of human rights requires that the perpetrators be held accountable, and that truth and justice should prevail. Such considerations should be factored into the legal and political architecture of a post-conflict, transitional Cameroon.
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Dicklitch, Susan, and Aditi Malik. "Justice, Human Rights, and Reconciliation in Postconflict Cambodia." Human Rights Review 11, no. 4 (January 9, 2010): 515–30. http://dx.doi.org/10.1007/s12142-009-0153-z.
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Kim, Jae Yoon. "A Study on the Permissibility of Amnesty, etc. to Cooperators in the Investigation of State Crimes Against Human Rights." Institute for Legal Studies Chonnam National University 42, no. 4 (November 30, 2022): 89–112. http://dx.doi.org/10.38133/cnulawreview.2022.42.4.89.
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The concept of ‘Transitional Justice’ is used in relation to how to deal with crimes against humanity or state crimes against humanity rights committed in war or dictatorship after the end of the war or dictatorship. The key tasks of ‘Transitional Justice’ are the achievement of reconciliation･social integration and the pursuit of justice. To achieve these key tasks, the ‘Justice Model’ and the ‘Truth-Reconciliation Model’ can be chosen. The Justice Model focuses on the criminal responsibility of the perpetrator. In this model, the criminal court is the central body and judges serious human rights violations such as genocide, crimes against humanity and state crimes against human rights. The Truth-Reconciliation Model, on the other hand, seeks reconciliation by discovering the truth of serious human rights violations through official government investigations. In this model, the Truth and Reconciliation Commission(TRC) is the central body. At this time, the Truth and Reconciliation Commission pursues the cleansing of individuals, community- building, and consolidation of political change. In this paper, first, it was examined whether there is a need for amnesty, immunity, or mitigation according to the Truth-Reconciliation Model when the perpetrators of state crimes against human rights actively cooperated in the investigation process(Ⅱ). In addition, as a comparative law research method, cases in foreign countries in which amnesty, immunity, or mitigation were implemented or not implemented were reviewed(Ⅲ). And the contents and problems of the reconciliation provisions of Fact-Finding Act on Suspicious Deaths in the Military, the Past History Reorganization Act, and the 5･18 Fact-Finding Act, which were introduced in domestic law, were examined(Ⅳ). Based on these discussions, in the future, when introducing a reconciliation regulation that recognizes amnesty, immunity, or mitigation to cooperators in investigations of state crimes against human rights in Korea, what form and content should be included and specific introduction methods were suggested(Ⅴ).
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Koopman, Nico. "The Confession of Belhar 1986: A Guide for Justice, Reconciliation, and Unity." Journal of Reformed Theology 2, no. 1 (2008): 28–39. http://dx.doi.org/10.1163/156973108x272630.
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AbstractThis paper argues that the Confession of Belhar 1986 articulates the story of the Triune God's work of justice, reconciliation, and unity. That story redeems the human stories of injustice, alienation, and division in South Africa. It transforms us into people who make new stories of justice, reconciliation, and unity. The story of Belhar serves as a staff for justice, reconciliation, and unity. The cry for justice, reconciliation, and unity is first outlined (1). Thereafter, Belhar's understanding of justice as compassionate justice (2), reconciliation as the overcoming of alienation between humans and God, and as the overcoming of estrangement among human beings, and reconciliation as embrace (3), and unity as unity in proximity (4) is discussed. Last, an appeal is made for the continued confession and embodiment of justice, reconciliation, and unity in and through churches as spaces of hope (5).
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Alamsyah, Afif. "URGENSI KONSTITUSIONALITAS PEMBENTUKAN KOMISI KEBENARAN DAN REKONSILIASI." VERITAS 6, no. 1 (March 31, 2020): 79–98. http://dx.doi.org/10.34005/veritas.v6i1.772.
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As a state of law, Indonesia is obliged to provide human rights protection against the victims of heavy human rights violations. The idea of the formation of the KKR begins with the willingness of historical disclosure of truth on past interpretations that have never been dismantled as a preliminary answer to giving a sense of justice for the victims. What is expected in the reconciliation process is the recognition of past history that allows the victim to open an apology door for perpetrators of heavy human rights abuses. The Truth and Reconciliation Commission is a phenomenon of transition arising from the context of countries facing the transition from the authoritarian regime to the democratic regime. One of the very quaint and dilematical problems facing the new government in this situation is to answer the community's demands on human rights crimes (gross violation of human rights) occurring under the previous regime. The transitional Government sought to answer this problem by attempting to reconcile punitive tendencies on one side with a tendency to apologize or amnesty on the other side. So it can be said, the ability of transitional governments is limited to the effort to provide transitional justice that is not entirely satisfactory. The Truth and Reconciliation Commission (KKR) should be regarded as a real progress in the gross violations of human rights in the past who were able to provide substantial justice to its rights to the realization of human rights protection in Indonesia.
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Roth, Brad R. "Peaceful Transition and Retrospective Justice: Some Reservations." Ethics & International Affairs 15, no. 1 (March 2001): 45–50. http://dx.doi.org/10.1111/j.1747-7093.2001.tb00342.x.
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Although retribution for past human rights violations has its place in post-conflict processes of transition and reconciliation, there are many present and foreseeable circumstances in which the case for immunity, amnesty, or sheer forbearance is significantly stronger than Juan E. Méndez' approach to this question can admit.Disagreement about justice is an ineradicable part of political life and a leading cause of violent conflict. Reconciliation cannot always presuppose or await a shared moral understanding; frequently enough, it requires an agreement to disagree, even about fundamental principles – at least with respect to their retrospective application. Where the parties to violent conflict have seen fit to set aside issues of retrospective justice in the service of peace and reconciliation, outsiders, who do not bear the costs of conflict and instability, should second-guess that decision only with the greatest reluctance. They should not look to international human rights standards and mechanisms for a universal solution.
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Clark, Janine Natalya. "Emotional Legacies, Transitional Justice and Alethic Truth." Journal of International Criminal Justice 18, no. 1 (March 1, 2020): 141–65. http://dx.doi.org/10.1093/jicj/mqaa011.
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Abstract Transitional justice processes seek to address the legacy of past human rights abuses. This article focuses on the emotional dimensions of legacy. It argues that war crimes and human rights abuses leave important emotional legacies that have not received sufficient attention within transitional justice theory or practice, and underscores that any process of ‘dealing with the past’ is necessarily incomplete if powerful emotions connected to that past are overlooked. Drawing on the author’s fieldwork in the Bosnian village of Ahmići, the article aims to demonstrate that the neglect of emotional legacies — which it links to the concept of therapeutic jurisprudence — represents a missed opportunity to explore how the meta emotions that people share constitute potential new bases for building reconciliation in post-conflict societies such as Bosnia-Herzegovina. Reflecting more broadly on the relationship between truth and reconciliation, it emphasizes the utility of alethic truth as a concept that accommodates and draws attention to common emotions — and thus points to unexplored dimensions of the relationship between truth and reconciliation.
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Carranza Ko, Ñusta. "South Korea’s collective memory of past human rights abuses." Memory Studies 13, no. 6 (October 23, 2018): 1113–28. http://dx.doi.org/10.1177/1750698018806938.
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Embedded in transitional justice processes is an implicit reference to the production of collective memory and history. This article aims to study how memory initiatives become a crucial component of truth-seeking and reparations processes. The article examines South Korea’s Truth and Reconciliation Commission and the creation of collective memory through symbolic reparations of history revision in education. The South Korean Truth and Reconciliation Commission recommended a set of symbolic reparations to the state, including history rectification reflective of the truth on human rights violations. Using political discourse analysis, this study compares the South Korean Truth and Reconciliation Commission’s Final Report to the 2016 national history textbook. The article finds that the language of human rights in state sponsored history revisions contests the findings of the truth commission. And in doing so, this analysis argues for the need to reevaluate the government-initiated memory politics even in a democratic state that instituted numerous truth commissions and prosecuted former heads of state.
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van Rensburg, Bernard Janse. "Reconciliation and psychiatry in South Africa." BJPsych. International 12, no. 3 (August 2015): 62–64. http://dx.doi.org/10.1192/s2056474000000441.
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Although psychiatrists did not form part of the structures of the South African Truth and Reconciliation Commission (TRC), the Society of Psychiatrists of South Africa (SPSA) at the time did make a submission. Since then, the local association of psychiatrists has been reconstituted as the South African Society of Psychiatrists (SASOP). Psychiatry and psychiatrists may have to extend their activities beyond rehabilitation and restoration, to include endeavours to prevent future violations of human rights.
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Hussein, Inst Dr Hind Naji. "The Possibility of Truth and Justice in Ariel Dorfman’s Death and the Maiden." ALUSTATH JOURNAL FOR HUMAN AND SOCIAL SCIENCES 61, no. 3 (September 15, 2022): 577–87. http://dx.doi.org/10.36473/ujhss.v61i3.1774.
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The paper examines the possibility of attaining justice and truth for victims of human rights abuses as represented in Ariel Dorfman’s Death and the Maiden (1991). The paper investigates the validity of the concept of transitional justice, as a national reconciliation policy, in addressing individual sufferings and stories. While analyzing the play, the paper handles certain questions: is transitional justice the appropriate tool to expose the truth and achieve the justice desired by the victims? Is the perpetrators accountability possible? Is retribution more effective if taken by the hands of the victims themselves? Can reconciliation even be possible for the victims? The paper uses theories and definitions of the concept of transitional justice as well as those of Trauma as its main framework of inquiry. The conclusion of the play is open to speculations as it is the case with most of human rights abuses and the process of justice and accountability related to them.
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Hussein, Inst Dr Hind Naji. "The Possibility of Truth and Justice in Ariel Dorfman’s Death and the Maiden." ALUSTATH JOURNAL FOR HUMAN AND SOCIAL SCIENCES 61, no. 3 (September 15, 2022): 577–87. http://dx.doi.org/10.36473/alustath.v61i3.1774.
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The paper examines the possibility of attaining justice and truth for victims of human rights abuses as represented in Ariel Dorfman’s Death and the Maiden (1991). The paper investigates the validity of the concept of transitional justice, as a national reconciliation policy, in addressing individual sufferings and stories. While analyzing the play, the paper handles certain questions: is transitional justice the appropriate tool to expose the truth and achieve the justice desired by the victims? Is the perpetrators accountability possible? Is retribution more effective if taken by the hands of the victims themselves? Can reconciliation even be possible for the victims? The paper uses theories and definitions of the concept of transitional justice as well as those of Trauma as its main framework of inquiry. The conclusion of the play is open to speculations as it is the case with most of human rights abuses and the process of justice and accountability related to them.
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Cahill-Ripley, Amanda, and Luke David Graham. "Using Community-Based Truth Commissions to Address Poverty and Related Economic, Social and Cultural Rights Violations: The UK Poverty Truth Commissions as Transformative Justice." Journal of Human Rights Practice 13, no. 2 (July 1, 2021): 225–49. http://dx.doi.org/10.1093/jhuman/huab021.
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Abstract Following the financial crisis and the imposition of austerity measures within the UK, poverty across the country has widened and deepened. The resulting severe negative impacts on the realization of economic and social rights are still being felt. Accountability of the State for such poverty related human rights violations has predominantly been addressed by judicial or quasi-judicial remedies. However, it is contended that due to limitations of scope and reach, alternative and additional mechanisms encompassing broader forms of justice are required to effectively address poverty and related violations of rights. This article explores the value-added of addressing poverty and related violations of economic, social and cultural rights (ESCRs) using alternative and additional ‘justice’ mechanisms drawn from the practice of transitional justice, in particular truth and reconciliation commissions (TRCs). Drawing upon the experience of community-based truth and reconciliation commissions, we evaluate the effectiveness of the UK Poverty Truth Commissions (PTCs) as a mechanism for realizing justice for poverty and related human rights violations. The central contention is that while the PTCs constitute an important and meaningful form of transformative justice, there is significant value-added in using a more explicit ESCRs agenda to enhance accountability, recompense and equality and fairness. Overall, the PTCs can help to close the ‘justice gap’ (Lederach 2001) and make a valuable contribution to transformative justice, tackling poverty and realizing ESCRs within the UK.
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Philpott, Daniel. "An Ethic of Political Reconciliation." Ethics & International Affairs 23, no. 4 (2009): 389–407. http://dx.doi.org/10.1111/j.1747-7093.2009.00230.x.
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The core proposition of this article is that reconciliation, both as a process and an end state, is a concept of justice. Its animating virtue is mercy and its goal is peace. These concepts are expressed most deeply in religious traditions, including Judaism, Christianity, and Islam. The idea of justice as right relationship is also found in the contemporary restorative justice movement, an approach to criminal justice that has emerged in the past generation.For contemporary political orders addressing past war, genocide, and authoritarianism, the holistic justice of reconciliation involves not only the legal guarantee and actual practice of human rights and the laws of war but also a redress of the range of wounds that political injustices inflict. Reconciliation is achieved through a set of six political practices that seek to restore a measure of human flourishing. A secondary fruit of these practices is an increase in the legitimacy that citizens bequeath to their governing institutions or to their state's relationship with other states.The article takes a close look at two of the practices that are often thought to be at odds in addressing past injustices—punishment and forgiveness—and argues that when viewed as practices that reflect and participate in a restorative concept of justice, punishment and forgiveness become compatible in principle—with important implications for the politics of facing past evil
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Asher Tumbo. "KONSEP TRANSITIONAL JUSTICE DALAM PENANGANAN PELANGGARAN HAM BERAT DI INDONESIA." Paulus Law Journal 1, no. 2 (March 20, 2020): 72–87. http://dx.doi.org/10.51342/plj.v1i2.100.
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Authoritarian state power always has an impact on violations of human rights. In fact, in a period of authoritarian change of power in a country towards democratic governance often leaves scars in the form of gross violations of human rights. This condition is exacerbated by the inability of the judiciary to provide a sense of justice for victims of gross human rights violations committed by the ruling government. Indonesia has also experienced the same thing, where gross violations of human rights were committed by an authoritarian government. Some of the gross violations of human rights have not even been resolved to date. The concept of Transitional Justice is considered to be one of the answers to the problem of gross human rights violations that have occurred in Indonesia.This article will analyze the concept of Transitional Justice in dealing with gross human rights violations in Indonesia.The purpose of this paper is to find out the application of the concept of Transitional Justice in Indonesia.Based on the analysis used, it was found that the application of the concept of Transitional Justice in Indonesia could be done if there was an institution called the Truth and Reconciliation Commission.
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Kubicek, Paul, and Christina Walker. "Do Truth and Reconciliation Committees Improve Human Rights? Evidence From Africa." Journal of the Middle East and Africa 11, no. 3 (July 2, 2020): 295–310. http://dx.doi.org/10.1080/21520844.2020.1808401.
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Prabowo, Rian Adhivira, and Kukuh Budi Mulya. "Tawaran Model KKR Indonesia Dalam Penyelesaian Pelanggaran Ham Berat Masa Lalu Dengan Sejumlah Pengalaman Pembanding." JURNAL HUKUM, POLITIK DAN KEKUASAAN 2, no. 1 (December 15, 2022): 54–83. http://dx.doi.org/10.24167/jhpk.v2i1.5648.
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: How a nation contront it’s past is one of the topics on studies of transititonal justice. Since Constitutional Court nullified Indonesian TRC Law 27/2004, reconciliation in Indonesia has entered a status quo. This paper explores possibilities on regulating the future of Indonesian reconciliation law based on three points of departures: (i) the dynamics on regulating reconciliation in Indonesia, (ii) precedents from Constitutional Court’s decisions, and (iii) lesson learned from South Africa and Chile’s TRCs. Using normative legal approach, this paper proposes four reconciliation models: (i) legal policy with amnesy, (ii) legal policy without amnesty, (iii) political policy, and (iv) an alternative model with the formation of Reparation Commission. This paper concludes the last offered model as the least resort for fulfilling victims’ rights on reparation while anticipating future legal/political policy on reconciliation.
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Teplytska, N. "The role of the UN and its structures in ensuring transitional justice in post-conflict states." Analytical and Comparative Jurisprudence, no. 3 (September 28, 2022): 36–39. http://dx.doi.org/10.24144/2788-6018.2022.03.6.
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Helping societies affected by conflict or emerging from oppressive rule to restore the rule of law and come to terms with widespread human rights abuses, particularly in the context of broken institutions, depleted resources, deteriorating security, and public anxiety and disunity, represents an enormous the problem Transitional justice aims to ensure recognition of victims, strengthen individuals' trust in state institutions, strengthen respect for human rights and promote the rule of law as a step towards reconciliation and prevention of further violations.
Transitional justice processes have repeatedly demonstrated that they can help resolve problems and differences. To this end, such processes should be context-specific, state-responsive, and victim-focused. Then they can unite, empower and transform societies and thus contribute to lasting peace.
For the United Nations system and structure, transitional justice is the full range of processes and mechanisms involved in society's attempt to come to terms with the legacy of massive past abuses in order to ensure accountability, serve justice and achieve reconciliation. Transitional justice processes and mechanisms are a critical component of the United Nations system and structure to strengthen the rule of law.
United Nations rule of law and transitional justice activities include developing standards and best practices, assisting in the development and implementation of transitional justice mechanisms, providing technical, material and financial support, and promoting the mainstreaming of human rights and transitional justice in peace agreements.
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Teplytska, N. "The role of the UN and its structures in ensuring transitional justice in post-conflict states." Analytical and Comparative Jurisprudence, no. 5 (December 30, 2022): 103–6. http://dx.doi.org/10.24144/2788-6018.2022.05.19.
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Helping societies affected by conflict or emerging from oppressive rule to restore the rule of law and come to terms with widespread human rights abuses, particularly in the context of broken institutions, depleted resources, deteriorating security, and public anxiety and disunity, represents an enormous the problem Transitional justice aims to ensure recognition of victims, strengthen individuals' trust in state institutions, strengthen respect for human rights and promote the rule of law as a step towards reconciliation and prevention of further violations.
Transitional justice processes have repeatedly demonstrated that they can help resolve problems and differences. To this end, such processes should be context-specific, state-responsive, and victim-focused. Then they can unite, empower and transform societies and thus contribute to lasting peace.
For the United Nations system and structure, transitional justice is the full range of processes and mechanisms involved in society's attempt to come to terms with the legacy of massive past abuses in order to ensure accountability, serve justice and achieve reconciliation. Transitional justice processes and mechanisms are a critical component of the United Nations system and structure to strengthen the rule of law.
United Nations rule of law and transitional justice activities include developing standards and best practices, assisting in the development and implementation of transitional justice mechanisms, providing technical, material and financial support, and promoting the mainstreaming of human rights and transitional justice in peace agreements.
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Humphrey, Michael. "The politics of trauma and reconciliation." Temida 13, no. 1 (2010): 9–22. http://dx.doi.org/10.2298/tem1001009h.
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This paper explores transitional justice as a way to bring an end to violence and consolidate peace. It approaches transitional justice as an expression of the 'never again' consensus to prevent or prosecute crimes against humanity. It explores transitional justice as an expression of globalizing law and the implications this has for the recovery of the 'rule of law' and 'political legitimacy' in the post conflict State. It takes Robert Meister (2002)'s formulation of the politics of victimhood, revenge and resentment in the relationship between the beneficiaries and the victims of injustice, as remaining at the centre of transitional justice politics in trying to decide on the balance between reconciliation and justice projects. It explores how human rights discourse has been used to de-politicise the 'victim' by adopting an individually embodied concept of violence as opposed to a structural one. It argues that transitional justice as an expression of globalizing law has been primarily directed at maintaining peace to achieve closure on past 'evil' but that the beneficiary-victim issue has re-emerged in the social justice movements and renewed desire for prosecutions.
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Buana, Mirza Satria. "A Realistic Perspective to Transitional Justice." Journal of Southeast Asian Human Rights 4, no. 2 (December 7, 2020): 406. http://dx.doi.org/10.19184/jseahr.v4i2.8395.
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Indonesia is one of the most democratized countries in Asia. There have been some improvements both in political and legal aspects; the most powerful legal reform was the amendments of the 1945 Constitution. In the context of civil and political rights, Indonesian people have exercised their constitutional rights to select political leaders, rotate elites and to enjoy greater civil liberty, even though there are still many rooms for improvements. One of the most vital hurdles is the failure of the reformed governments to settle gross-violation of human rights cases happened in the past. Suharto’s authoritarian regime had exercised repressive actions toward oppositions and civil society movements, including universities’ students, activists and minorities. The ad hoc Court of Human Rights had failed to reveal the truth for some prominent cases, let alone providing remedy and reconciliation. It was highly believed that the trials were conducted only as safeguards to prevent international intervention on Indonesia’s past unlawful violations.
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Amstutz, Mark R. "Human Rights and the Promise of Political Forgiveness." Review & Expositor 104, no. 3 (August 2007): 553–77. http://dx.doi.org/10.1177/003463730710400306.
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While legal retribution provides an effective way of confronting wrongdoing within stable, developed societies, the retributive model is not well equipped to deal with regime offenses, civil war atrocities, and genocide. If deeply divided societies are to be healed, more than punishment is required. A more effective approach in dealing with systemic offenses is restorative justice, which emphasizes the reparation of human relationships. Unlike retribution, which emphasizes accountability and punishment, the restorative approach pursues healing and reconciliation based on truth, acknowledgement of wrongdoing, remorse and contrition, renunciation of revenge, and forgiveness. The mitigation of punishment is thus a means to the restoration of community.
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Hutabarat, Dany Try Hutama, Nurdini Hakiki, Nirmalasari Lubis, Muhammad Agi Yosa, Netty Widiastuty, Ela Safitri, Aan Fadila, et al. "PENEGAKAN KETIDAKADILAN HUKUM UNTUK MEWUJUDKAN KEADILAN DALAM PELANGGARAN HAK ASASI MANUSIA (HAM) DI INDONESIA." JURNAL RISET PENDIDIKAN DAN PENGAJARAN 1, no. 1 (June 28, 2022): 25–42. http://dx.doi.org/10.55047/jrpp.v1i1.208.
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The enforcement of legal justice, particularly related to human rights in Indonesia, is still not optimal, mainly because until now the State of Indonesia is still in a transition zone which is still marked by human rights violations. This study aims to determine how the application of legal justice to human rights violations. So that it will be known how the settlement taken in cases of human rights violations in Indonesia, as well as how the principles of Islamic law regarding Human Rights. The conclusion of the problems discussed is the application of legal injustice to human rights violations in Indonesia based on Law no. 26 of 2000 concerning Human Rights Courts. where in this issue the aim is to achieve justice in the law, it is called the ad hoc court which is used to try violators of human rights in Indonesia. To resolve cases of human rights violations that occurred in the territory of Indonesia, it was carried out through an Ad Hoc court. if the time of the occurrence of human rights violations before Law no. 26 of 2000 concerning Human Rights Courts. and if the violation of Human Rights occurs after this Law, it will be resolved through the Human Rights Court. and, if the violation of Human Rights occurs before this Law can also be resolved, namely through the Truth and Reconciliation Commission established by law.
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de Souza, Siddharth Peter. "Evaluating ‘Access to Justice’ in Informal Justice Systems: A Suggestive Framework." Max Planck Yearbook of United Nations Law Online 19, no. 1 (May 30, 2016): 469–504. http://dx.doi.org/10.1163/18757413-00190016.
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Establishing human rights benchmarks for a rigorous engagement with informal justice systems and plural legal orders has become a significant concern for the United Nations. Through resolutions of the General Assembly, attention has been drawn to ensuring that legal systems reflect cultural diversity and within the domain, especially of indigenous peoples’ rights, importance has been placed on securing and recognizing these distinct legal, socio-political, and cultural institutions because of their role as viable, accessible, affordable, and culturally relevant forms of dispute resolution. The UN Human Rights Committee has also observed that there should be interaction and reconciliation between formal and informal justice systems. This determination to engage with informal justice systems has also extended to the work of UN agencies such as UNDP, UN Women, and UNICEF who recognize that rule of law promotion must be responsive to the realities of countries where reform is to be undertaken, and should be carried out by focusing on developing bottom up approaches to reform. This paper responds to the increasing engagement with informal justice systems and a global audit culture by proposing a framework for evaluation that is reflective of these realities.
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Khayre, Ahmed Ali M. "Politics of Justice, Human Rights and Reconciliation in the Collapsed State of Somalia." Amsterdam Law Forum 8, no. 1 (March 1, 2016): 3. http://dx.doi.org/10.37974/alf.279.
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King, Jennifer, Jocelyn Wattam, and Cindy Blackstock. "Reconciliation: The Kids are Here!" Canadian Journal of Children's Rights / Revue canadienne des droits des enfants 3, no. 1 (November 24, 2016): 32–45. http://dx.doi.org/10.22215/cjcr.v3i1.75.
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Consistent with the United Nations Convention on the Rights of the Child, this paper describes children’s involvement in a historic human rights case that found the government of Canada guilty of racially discriminating against 163,000 First Nations children. Despite Canada’s efforts to discourage and bar young people from participating, children and youth were among the first and most engaged followers of the case, debunking the myth that children “can’t” or “shouldn’t” participate in legal matters. Children and youth who participate in social change activities benefit greatly from the experience, as do their communities. The participation of children and youth in the First Nations child welfare case demonstrates that young people are truly leaders in reconciliation and social justice; they teach us about how change really happens. Adults have a responsibility to facilitate exciting and creative ways to involve children in the social and legal processes that impact their lives.
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Redeker Hepner, Tricia, and Daniel Rezene Mekonnen. "“Justice Futures”: Forensic Investigation and the Potential for Transformation in Eritrea." Modern Africa: Politics, History and Society 10, no. 1 (August 25, 2022): 117–44. http://dx.doi.org/10.26806/modafr.v10i1.414.
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This article addresses the role of the dead and disappeared and the potential for forensic investigation of atrocities in the context of an evolving transitional justice debate and framework for Eritrea. As one possible component of transitional justice, forensic investigation represents an especially potent modality to document the physical evidence of atrocities, help establish truth and accountability, and catalyse deeper conversations about justice, reconciliation, repair, access to resources, and socio-political transformation. This discussion is especially relevant as human rights proponents continue to debate the implications of findings by the Human Rights Council that Eritrean authorities have committed or enabled crimes against humanity and whether these should culminate in a referral to the International Criminal Court.
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O'Sullivan, Siobhan. "Land and justice in South Africa." Boolean: Snapshots of Doctoral Research at University College Cork, no. 2010 (January 1, 2010): 135–39. http://dx.doi.org/10.33178/boolean.2010.31.
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When Nelson Mandela took office on 10th May 1994 as South Africa’s first democratic president, he pledged that out of “an extraordinary human disaster” would come “a society of which all humanity will be proud”. Since then, South Africa has been praised for overcoming racial division and hatred in a peaceful manner while developing economic growth. This positive picture of post-apartheid South Africa has been compromised in recent years by rising crime, xenophobic violence, unemployment, and service-delivery protests. My research looks at how the new democracy has redistributed land and why less than 1% of the population still own the majority of the land. To understand the slow pace of land reform, I have examined the policies of the ANC, the polarised public debates on land reform, and the constraints on economic transformation. In order to achieve justice and ultimately reconciliation, problems with redistribution must be addressed. This requires not ...
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Hazan, Pierre. "The nature of sanctions: the case of Morocco's Equity and Reconciliation Commission." International Review of the Red Cross 90, no. 870 (June 2008): 399–407. http://dx.doi.org/10.1017/s1816383108000313.
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AbstractUsing the case of Morocco's Equity and Reconciliation Commission as an example, this article analyses how transitional justice is by definition the place where ethics and reasons of state, the will to see justice done and the balance of power meet. Therein lie both the strength and the ambiguity of transitional justice. The sanction-free approach adopted in the specific case of Morocco limited the Commission's effectiveness by not establishing the truth about past human rights violations or creating an environment conducive to greater democratic reform.
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Ashforth, Adam. "Witchcraft, Justice, and Human Rights in Africa: Cases from Malawi." African Studies Review 58, no. 1 (March 16, 2015): 5–38. http://dx.doi.org/10.1017/asr.2015.2.
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Abstract:The human rights approach to witchcraft accusations denies their validity and forecloses the possibility of a trial, fair or otherwise. While there is much to be said for a bracing rationalism in all aspects of life, evidence from Africa over the past couple of centuries shows no sign that witchcraft narratives lose their plausibility as a result of people being told that witches do not exist.
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Sawani, Youssef Mohammad. "Justice, Reconciliation, and State-Building in Post-Gaddafi Libya." Contemporary Arab Affairs 15, no. 2 (June 1, 2022): 3–24. http://dx.doi.org/10.1525/caa.2022.15.2.3.
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This article argues that the transitional justice (TJ) approach in post-Gaddafi Libya has failed because it lacked national reconciliation. Libya’s transition experience did not include reconciliation and agreement on a new social contract, and this not only perpetuated conflict, exclusion, and division, but also frustrated the pursuit of a peace, and made democratic transition a remote possibility. Taking stock from local and relevant comparative international experiences, the main argument is that the nexus between TJ and peacebuilding should be replaced, or at least coupled, with an inclusive national reconciliation process that yields an agreement on a new social contract. This implies the urgent need to go beyond the often externally promoted TJ and narrow state-centric processes in a country where the state itself has been destroyed and its future form remains highly contested with some actors such as Islamists with illiberal notions contesting the nation-state and its legitimacy, authority, and the issue of human rights.
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Walz, Heike. "The Madres Appear on the Public Plaza de Mayo in Argentina: Towards Human Rights as a Key for a Public eology that Carries on the Liberation Heritage." International Journal of Public Theology 3, no. 2 (2009): 165–87. http://dx.doi.org/10.1163/156973209x415981.
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AbstractThe Madres y Abuelas de Plaza de Mayo are internationally recognized for human rights work in their ongoing campaign for justice for those who disappeared during the most recent dictatorship in Argentina. ey have become the contemporary Argentine symbol for the implementation of human rights in the society. The article examines how they implicitly carry on the liberation theological heritage and have reclaimed the public sphere through: shedding light on the clandestine actions of state terrorism, turning private motherhood political and reconstructing public discourse. Despite such efforts to put memory, truth and justice on the public agenda, a history of impunity made reconciliation difficult in Argentina. The engagement of the Mothers and Grandmothers off ers clues for the continuation of liberation theology as a type of public theology, with human rights as its focus.
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Bell, Jared O’Neil. "Reconciling after Transitional Justice: When Prosecutions are not Enough, the Case of Bosnia and Herzegovina." Croatian International Relations Review 25, no. 84 (April 1, 2019): 54–77. http://dx.doi.org/10.2478/cirr-2019-0003.
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Abstract The concept and study of transitional justice has grown exponentially over the last decades. Since the Nuremberg and Tokyo trials after the end of the Second World War, there have been a number of attempts made across the globe to achieve justice for human rights violations (International Peace Institute 2013: 10). How these attempts at achieving justice impact whether or not societies reconcile, continues to be one of the key discussions taking place in a transitional justice discourse. One particular context where this debate continues to rage on is in Bosnia and Herzegovina, many scholars argue that the transitional justice process and mechanism employed in Bosnia and Herzegovina have not fostered inter-group reconciliation, but in fact caused more divisions. To this end, this article explores the context of transitional justice in Bosnia and Herzegovina from a unique perspective that focuses on the need for reconciliation and healing after transitional justice processes like war crime prosecutions. This article explores why the prosecuting of war criminals has not fostered reconciliation in Bosnia and Herzegovina and how the processes have divided Bosnian society further. Additionally, this article presents the idea of state-sponsored dialog sessions as a way of dealing with the past and moving beyond the divisions of retributive justice.
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Gibson, James L. "Truth, Reconciliation, and the Creation of a Human Rights Culture in South Africa." Law Society Review 38, no. 1 (March 2004): 5–40. http://dx.doi.org/10.1111/j.0023-9216.2004.03801001.x.
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Borer, Tristan Anne. "A Taxonomy of Victims and Perpetrators: Human Rights and Reconciliation in South Africa." Human Rights Quarterly 25, no. 4 (2003): 1088–116. http://dx.doi.org/10.1353/hrq.2003.0039.
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Bass, Gary J. "Justice and Reconciliation: After the Violence. By Andrew Rigby. Boulder, CO: Lynne Rienner, 2001. 207p. $49.95 cloth, $19.95 paper." American Political Science Review 96, no. 1 (March 2002): 271. http://dx.doi.org/10.1017/s000305540222434x.
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Much of the growing literature on human rights issues focuses on the post-1989 democratizations and the ethnic conflicts of the 1990s. It reaches across many disciplines, including work not just by political scientists but also by legal scholars, historians, sociologists, anthropologists, journalists, and practitioners. Much of the literature confronts the tension between the pursuit of justice and the pursuit of stability. Andrew Rigby, who teaches on forgiveness and reconciliation, contributes an eclectic and good-hearted meditation on the dilemma of political reconciliation after mass atrocities.