Дисертації: "Justice and reconciliation in Africa"

1

McConnell, Jesse. "A just culture : restoring justice towards a culture of human rights." Thesis, Rhodes University, 2005. http://hdl.handle.net/10962/d1007594.

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This thesis seeks to investigate the possibility that the binary opposition between retributive and restorative forms of justice that structures the discourse on justice is unhelpful and unnecessary, particularly for societies seeking to extricate themselves from violent conflict and towards building peace and democracy. I shall argue for the importance of considering restorative justice as conceptually and historically prior to the possibility of retributive justice rather than the negation of one or the other, as well as advocate the potentially greater transformative power of the values of restorative justice which may provide a constructive alternative to retributive justice in the context of post-conflict peacebuilding.

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2

Phiri, Felix Mabvuto. "Receive your own mystery and become what you receive: the Eucharist as a source of reconciliation, justice and peace in conflicting Sub-Saharan Africa." Thesis, Boston College, 2009. http://hdl.handle.net/2345/1855.

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Thesis advisor: John Baldovin
Twentieth century is an epoch that has known the ravages of war, violence, oppression, exploitation and conflict. In a century marked by great human brokenness which has escalated the alienation from God, from one another and from the whole of creation; what would be the proper mission of the Church in such a context? This breakdown of the whole human family which has led to great suffering stares us in the face. It has been an epoch with two world wars, genocides, nature‘s rebellion as the weather and atmospheric conditions have been unpredictable and above all that world development has taken place on the heads of billions of people who live in abject poverty. In a world torn apart by conflicts and division, reconciliation becomes a necessary theological theme for mission, if we are to work for a better future for "All have sinned and fall short of the glory of God" (Rom. 3:23)
Thesis (STL) — Boston College, 2009
Submitted to: Boston College. School of Theology and Ministry
Discipline: Sacred Theology

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3

Leman-Langlois, Stéphane. "Constructing post-conflict justice, the South African Truth and Reconciliation Commission as an ongoing invention of reconciliation and truth." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/NQ53688.pdf.

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4

Klocek, Jason A. "How religious actors influence the politics of transitional justice truth recovery and reconciliation in South Africa and Guatemala /." Connect to Electronic Thesis (CONTENTdm), 2009. http://worldcat.org/oclc/457041020/viewonline.

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5

Malan, Yvonne. "The spectre of justice : the problematic legacy of the South African Truth and Reconciliation Commission." Thesis, University of Oxford, 2008. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.496581.

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6

Farley, Michelle K. "Identity in transition : towards a conceptualization of the sociopolitical dynamics of the South African Truth and Reconciliation Commission." Master's thesis, University of Cape Town, 2008. http://hdl.handle.net/11427/14709.

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7

Daniel, Kobina Egyir. "Amnesty as a tool of transitional justice : the South African Truth and Reconciliation Commission in profile." Diss., University of Pretoria, 2001. http://hdl.handle.net/2263/967.

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"This dissertation seeks firstly to re-examine the merits of the competing philosophies on the role of amnesties in transitional justice. It seeks in particular to investigate the currently popular notion that justice is necessarily retributive and even beyond that, to determine the veracity of the claim that prosecution represents a necessary element of retributivist justice. The objective is to contribute to the ongoing debate by examining and drawing practical lessons from the case of South Africa, which emerged in 1994 from several generations of institutionalised gross violatoins of human rights. Accordingly the Amnesty Committee of the South African Truth and Reconciliation Commission (TRC), the law and the political philosophy undergirding its functions represent the focus of this study. ... This dissertation unfolds into five parts. Chapter 1, as an introduction to the rest of the work, sets out the relevance of the subject under review, the methodology and a brief overview of the chapters. Chapter two reviews the extensive literature on transitional justice and discusses the concepts that may be distilled therefrom. It discusses the contextual determinants of models of transitional justice and sets out the essence of the debate between vengeance and forgiveness as tools for achieving transitional justice. It also discusses the development of international law with respect to the permissiveness of amnesties and both the articulated and other justifications for their use. The burden of the third chapter is to first recount the factual circumstances of South Africa's trnsition and the factors that predicated the promulgation of the Promotion of National Unity and Reconciliation Act 34 of 1995. It then briefly examines the provisions of the statute and it's implementation. It also engages in an empirical assessment of the almost 800 amnesties granted and employs a number of indices to determine whteher the process was even handed and achieved its objectives. These indices are: the politicl affiliations of the awardees; whether or not the crimes for which they received amnesty involved the loss of life; whether or not they had already been punished for thier transgressions and; whether or not they received forgiveness from the vicitms - actual or constructive. Chapter four focuses on some fo the criticisms that the TRC received. It assesses their merits and determines to what extent they subverted the quest for justice in transitional South Africa. In particular it looks at the reasoning of the Constitutional Court in the AZAPO Case, the alleged lack of objectivity of the TRC, its almost exclusively Christian orientation and its almost exclusive focus on abuses of civil and political rights. Chapter five concludes the dissertation by first determining whether or not there are any lessons to be learnt from South Africa's amnesty experience. It then outlines what the lessons are or should be. It closes by making recommendations as to what factors or particular considerations should guide the efforts and aspirations of abused societies that embark on the quest for transitional justice." -- Chapter 1.
Prepared under the supervision of Professor Frans Viljoen, Faculty of Law, University of Pretoria, South Africa
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2001.
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM

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8

Andre, Wendy Marie. "Can alternative justice mechanisms satisfy the aims of international criminal justice? : the cases of Mato Oput and the South African Truth and Reconciliation Commission." Thesis, University of Sussex, 2018. http://sro.sussex.ac.uk/id/eprint/75261/.

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The role of alternative justice mechanisms (AJMs) in international criminal justice (ICJ) has been the subject of rigorous debate in recent years. This thesis joins the discussion by investigating whether AJMs can achieve the aims of ICJ that are attributed to criminal prosecutions. If AJMs can attain ICJ goals, there are important implications for the entire complementarity regime at the International Criminal Court (ICC), requiring ICC judges to defer prosecutions in their favour. By establishing a framework against which ICC trials and AJMs can be evaluated, the thesis contributes to the debate and aims to provide an element of consistency in an area which is dominated by creative ambiguity. Arguing that criminal prosecutions have a limited impact on ICJ aims, the thesis considers AJMs generally before undertaking an in-depth historical and comparative analysis of the Mato Oput process in Uganda and the South African Truth and Reconciliation Commission (SATRC). It concludes that Mato Oput does not satisfy the goals of ICJ and therefore would be unlikely to persuade the Court to defer prosecutions. It suggests, however, that an AJM based on the SATRC model would have the potential to attain many ICJ goals and therefore the ICC should declare a situation where the state adopts this method of justice and accountability inadmissible to the ICC. Finally, the thesis examines the decisions of the ICC judges in previous admissibility challenges and argues that they must demonstrate a broader and more flexible approach when interpreting the ICC's mandate if AJMs are to satisfy the complementarity principle. Doing so would also help to avert the growing antipathy of many African states towards the ICC and ensure the future support and co-operation of states parties.

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9

Rage, Anne-Britt. "Achieving sustainable peace in post conflict societies : an evaluation of South Africa's Truth and Reconciliation Commission." Thesis, Stellenbosch : University of Stellenbosch, 2010. http://hdl.handle.net/10019.1/5302.

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Thesis (MA (Political Science))--University of Stellenbosch, 2010.
Bibliography
ENGLISH ABSTRACT: This thesis explores whether sustainable peace can be achieved in post-conflict societies using the transitional justice approach. In particular, the truth commission is investigated as a mechanism of transitional justice. The South African Truth and Reconciliation Commission (TRC) was selected as a case study to investigate the relationship between sustainable peace and transitional justice. This thesis analyses whether the TRC Commission followed its mandate, and whether there are any specific definitions, conclusions or recommendations that the TRC through its Final Report undertakes in order to fulfill a specific part of the mandate, namely “to ensure that there would be no repetition of the past” (TRC vol. 5, chap. 8, paragraph 14). This is done through a textual analysis of the Final Report of the South African TRC, where inherent weaknesses of the Final Report in its aim of achieving sustainable peace are read critically and deconstructively. It is further analysed through linking the issue of sustainable peace to the field of transitional justice and the study of political development on how future TRCs can deal with the issue of sustainable peace. This thesis comes to the conclusion that the South African TRC failed to contribute to a significant analysis of how to prevent the repetition of the past. It is argued that this is based on a lack of a coherent theoretical framework, as the Final Report mixes two different truth finding mechanisms: micro-truth finding and macro-truth finding, together with the just war theory. By analysing the TRC’s theoretical framework through textual analysis, it becomes clear that micro- and macro-truth finding is difficult to combine in one report, and that in the South African case the micro-truth finding part is prioritised. However, the macro-truth finding mechanism would have provided a more in depth analysis towards sustainable peace – which in this thesis is read as Galtung’s positive peace and Lederach’s structural peace – and is a necessary prerequisite in order to achieve sustainable peace. Also the use of a traditional reading of the just war theoryThis thesis explores whether sustainable peace can be achieved in post-conflict societies using the transitional justice approach. In particular, the truth commission is investigated as a mechanism of transitional justice. The South African Truth and Reconciliation Commission (TRC) was selected as a case study to investigate the relationship between sustainable peace and transitional justice. This thesis analyses whether the TRC Commission followed its mandate, and whether there are any specific definitions, conclusions or recommendations that the TRC through its Final Report undertakes in order to fulfill a specific part of the mandate, namely “to ensure that there would be no repetition of the past” (TRC vol. 5, chap. 8, paragraph 14). This is done through a textual analysis of the Final Report of the South African TRC, where inherent weaknesses of the Final Report in its aim of achieving sustainable peace are read critically and deconstructively. It is further analysed through linking the issue of sustainable peace to the field of transitional justice and the study of political development on how future TRCs can deal with the issue of sustainable peace. This thesis comes to the conclusion that the South African TRC failed to contribute to a significant analysis of how to prevent the repetition of the past. It is argued that this is based on a lack of a coherent theoretical framework, as the Final Report mixes two different truth finding mechanisms: micro-truth finding and macro-truth finding, together with the just war theory. By analysing the TRC’s theoretical framework through textual analysis, it becomes clear that micro- and macro-truth finding is difficult to combine in one report, and that in the South African case the micro-truth finding part is prioritised. However, the macro-truth finding mechanism would have provided a more in depth analysis towards sustainable peace – which in this thesis is read as Galtung’s positive peace and Lederach’s structural peace – and is a necessary prerequisite in order to achieve sustainable peace. Also the use of a traditional reading of the just war theoryThis thesis explores whether sustainable peace can be achieved in post-conflict societies using the transitional justice approach. In particular, the truth commission is investigated as a mechanism of transitional justice. The South African Truth and Reconciliation Commission (TRC) was selected as a case study to investigate the relationship between sustainable peace and transitional justice. This thesis analyses whether the TRC Commission followed its mandate, and whether there are any specific definitions, conclusions or recommendations that the TRC through its Final Report undertakes in order to fulfill a specific part of the mandate, namely “to ensure that there would be no repetition of the past” (TRC vol. 5, chap. 8, paragraph 14). This is done through a textual analysis of the Final Report of the South African TRC, where inherent weaknesses of the Final Report in its aim of achieving sustainable peace are read critically and deconstructively. It is further analysed through linking the issue of sustainable peace to the field of transitional justice and the study of political development on how future TRCs can deal with the issue of sustainable peace. This thesis comes to the conclusion that the South African TRC failed to contribute to a significant analysis of how to prevent the repetition of the past. It is argued that this is based on a lack of a coherent theoretical framework, as the Final Report mixes two different truth finding mechanisms: micro-truth finding and macro-truth finding, together with the just war theory. By analysing the TRC’s theoretical framework through textual analysis, it becomes clear that micro- and macro-truth finding is difficult to combine in one report, and that in the South African case the micro-truth finding part is prioritised. However, the macro-truth finding mechanism would have provided a more in depth analysis towards sustainable peace – which in this thesis is read as Galtung’s positive peace and Lederach’s structural peace – and is a necessary prerequisite in order to achieve sustainable peace. Also the use of a traditional reading of the just war theory contributes to an individualisation of the truth finding process and does not sufficiently support the macro-truths. Finally, by deconstructing the term never again it is shown that this approach should not be used in the TRCs or in the wider field of transitional justice v
AFRIKAANSE OPSOMMING: Hierdie tesis ondersoek of volhoubare vrede in postkonfliksamelewings met behulp van die oorgangsgeregtigheidsbenadering bereik kan word. Meer bepaald word die soeklig gewerp op die waarheidskommissie as meganisme van oorgangsgeregtigheid. Die Suid-Afrikaanse Waarheids-en-Versoeningskommissie (WVK) dien as gevallestudie om die verwantskap tussen volhoubare vrede en oorgangsgeregtigheid te bestudeer. Die tesis probeer vasstel of die WVK sy mandaat uitgevoer het, en of die Kommissie se finale verslag enige bepaalde omskrywings, gevolgtrekkings of aanbevelings bevat “om te verseker dat die verlede hom nie herhaal nie” (paragraaf 14, hoofstuk 8, volume 5 van die WVKverslag). Dít vind plaas deur middel van ! tekstuele ontleding van die finale WVKverslag wat die inherente swakpunte van dié dokument in sy strewe na volhoubare vrede krities en dekonstruktief benader. Die verslag word voorts ontleed deur die kwessie van volhoubare vrede te verbind met die gebied van oorgangsgeregtigheid sowel as ontwikkelingstudies oor hoe toekomstige WVK’s die kwessie van volhoubare vrede kan hanteer. Die tesis kom tot die gevolgtrekking dat die Suid-Afrikaanse WVK nie ! bydrae gelewer het tot ! sinvolle ontleding van presies hoe om ! herhaling van die verlede te voorkom nie. Daar word aangevoer dat dít te wyte is aan die gebrek aan ! samehangende teoretiese raamwerk, aangesien die finale verslag twee verskillende waarheidsoekende meganismes vermeng – die mikrowaarheidsoeke en die makrowaarheidsoeke – en ook van die geregverdigde-oorlog-teorie gebruik maak. Deur die tekstuele ontleding van die teoretiese raamwerk van die WVKverslag word dit duidelik dat ! mikro- en makrowaarheidsoeke moeilik in een verslag te kombineer is, en dat, in die Suid-Afrikaanse geval, die mikrowaarheidsoeke voorkeur geniet. Tog sou die makrowaarheidsoeke ! grondiger ontleding bied vir die suksesvolle verwesenliking van volhoubare vrede, wat in hierdie tesis as Galtung se ‘positiewe vrede’ en Lederach se ‘strukturele vrede’ 5 verstaan word. Trouens, die makrowaarheidsoeke is ! voorvereiste om volhoubare vrede te bereik. ! Tradisionele lesing van die geregverdigde-oorlogteorie dra ook by tot ! individualisering van die waarheidsoekende proses, en bied nie voldoende ondersteuning vir die makrowaarhede nie. Laastens word daar deur die dekonstruksie van die uitdrukking nooit weer nie getoon dat hierdie benadering nie in WVK’s of op die groter gebied van oorgangsgeregtigheid tuishoort nie.

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10

Mosler, David. "Reconciliation Through Truth? - A Comparison of the Judicial Approach of the International Criminal Tribunal for the Former Yugoslavia and the Amnesty Principle of the Truth and Reconciliation Commission of South Africa." Thesis, Malmö högskola, Fakulteten för kultur och samhälle (KS), 2011. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-21615.

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Throughout the past three decades the world has witnessed an increased transition of states from autocratic systems to liberal democracies. During such transitions the reconciliation of societies fractured by previous human atrocities is an integral part for success. This article explores the impacts of principles of truth and justice on reconciliation of fractured societies during the process of transitional justice. Throughout the process it will provide an insight on different aspects and levels of the terminology of reconciliation. To illustrate the difference between a judicial approach and the process of amnesty giving, it will contrast the International Criminal Tribunal for the Former Yugoslavia and the Truth and Reconciliation Commission of South Africa. Furthermore, it will provide an analytical account on the impact of internal actors versus external actors on reconciliation of fractured societies. This analysis will provide an understanding of the factors at work during reconciliation as a process and an outcome.

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11

Kobe, Sindiswa Lerato. "The Relationship between remorse and offering forgiveness: selected case studies from the South African Truth and Reconciliation Commission." University of the Western Cape, 2014. http://hdl.handle.net/11394/4119.

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Magister Theologiae - MTh
This study investigates three case studies, namely, the “Pepco Three”, the “St James Church incident”, and the “Gugulethu Seven incident” from the perspective of ongoing reflections on the nature of reconciliation in the sub-discipline of Systematic Theology. The research problem that is investigated in this project is: What role did visible signs of remorse (or its absence) play in the willingness or unwillingness of victims (or their close relatives) to offer forgiveness to the perpetrators of gross violations of human rights related to the three cases studies mentioned from the amnesty hearings of the South African Truth and Reconciliation commission, namely the “Pepco Three” the “St James Church massacre incident”, the “Gugulethu Seven”. In each case study, the crucial question that will be asked is whether the victims or their relatives understand forgiveness as something that is conditional and part of a longer process of reconciliation, or whether they understand forgiveness as something that can be offered unconditionally. The research draws on some standard theological literature with specific reference to literature on the concepts of reconciliation, forgiveness and remorse emerging in the aftermath of the South African TRC. This is followed by a description and critical analysis of the three identified case studies. In each case, I listened to the recordings, read the transcriptions, and considered the available secondary material on the case studies.

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12

Abduroaf, Muneer. "Truth Commissions: Did the South African Truth and Reconciliation Commission serve the purpose for which it was established?" Thesis, University of the Western Cape, 2010. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_6028_1359554144.

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Since the 1980&rsquo
s, many dictatorships around the world have been replaced by new democracies. These old dictatorships were notorious for their human rights abuses. Many people were killed and tortured
and many others were disappeared. When the new governments came into power, they had to confront these injustices that were perpetrated under the predecessor regime. This was necessary to create a culture of human rights
promote a respect for the law and access to justice. Many confronted these injustices in different ways, some granted amnesty, some prosecuted and others instituted truth commissions. This research paper focuses on truth commissions. The research focuses particularly on the study of the South African Truth Commission. The mandate of the South African Truth Commission is analysed and the investigation into whether the commission served the purpose for which it had been established is discussed.

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13

Mofokeng, Mokete. "The Belhar Confession and liturgy : a hymnological study." Diss., University of Pretoria, 2017. http://hdl.handle.net/2263/63034.

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Much study regarding the Belhar Confession has been conducted already such as: The Belhar Confession in its historical context Plaatjies-van Huffel (2014), Chronicle of Conference Barman/ Belhar Consultation 18 and 19 October 2004 Hansen (2005), A gift from heaven-the receptions in the Belhar Confession in the period 1982-2000 and its ecumenical significance today Naudè (2003) and On violence, the Belhar Confession and human dignity Koopman (2008) to mention but a few. From preliminary observations and some initial research, it seems that there is still a need to do an indepth study on the liturgical function of the Belhar Confession in Music. The working hypothesis of this study is if the Uniting Reformed Church in Southern Africa URCSA uses Belhar more in the liturgy, especially in singing it will have an impact on the congregations and members. In other words the working hypothesis is that there is a link between liturgy, here specifically hymn singing, and the formation of worshippers. If URCSA is expecting others to adopt this confession it is its responsibility to embrace it during worship in church and to the rest of the society outside church vicinities. The literature survey that will be carried out later in this study confirms this state of affairs and that there is thus indeed a huge research gap in this regard. The researcher did a literature study, conducted semi-structured group interviews, as well as the some empirical research in order to explore the basic research question.
Dissertation (MA Theol)--University of Pretoria, 2017.
Practical Theology
MA Theol
Unrestricted

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14

Bosire, Lydiah Kemunto. "Judicial statecraft in Kenya and Uganda : explaining transitional justice choices in the age of the International Criminal Court." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:fa1f9f19-174e-47a2-a288-d4d0312786b7.

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Transitional justice has undergone tremendous shifts since it was first used in Latin American and Eastern European countries to address post-authoritarian and post-communist legacies of atrocity and repression. In particular, the establishment of the International Criminal Court (ICC) has increased the demand for prosecutions within a field that was previously marked by compromise and non-prosecution. While there are increasing expectations that countries with unresolved claims of human rights abuses should enact transitional justice policies, most of the literature on the subject largely omits to explain how elites from those countries choose among the possible options of transitional justice, and specifically, how they choose among international prosecutions, domestic prosecutions, and truth-seeking. Using case studies of Kenya and Uganda, this dissertation examines this decision-making process to understand how elites choose and reject different transitional justice policies. Theoretically, the research examines how preferences for transitional justice policies are constituted through “judicial statecraft”: the strategic efforts by heterogeneous, interest-pursuing elites to use justice-related policies as carrots and sticks in the overall contestation of power. The research finds that the choices of elites about judicial statecraft depend on three factors: the extent to which the elites are secure that their policy choices cannot be subverted from within; the cost and credibility of transitional justice threats; and the effects, both intended and unintended, of history.

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15

Lindqvist-McGowan, Angelica. "From the Ashes of Scorched Earth : The role of procedural justice, provision of promised benefits, and respectful and dignified treatment on perceived truth commission legitimacy." Thesis, Uppsala universitet, Hugo Valentin-centrum, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-384534.

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16

Matignon, Emilie. "La justice en transition. Le cas du Burundi." Thesis, Pau, 2012. http://www.theses.fr/2012PAUU2015.

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En réponse aux cycles de violences de masse et à la guerre civile qui ont jalonné son histoire douloureuse, le Burundi s’est engagé dans un processus de justice transitionnelle, officiellement depuis la signature des Accords de paix d’Arusha en 2000. Malgré la mobilisation des énergies internationales et l’omniprésence de la problématique au sein du débat public depuis douze ans, seules des consultations nationales destinées à recueillir l’avis de la population burundaise sur le sujet ont été organisées en 2009. Á l’aube de la mise en place d’une Commission Nationale de Vérité et de Réconciliation, à laquelle devrait être associé un tribunal spécial, le constat de la nature globale de la justice transitionnelle s’impose. Cette globalité s’exprime à travers le recours à des instruments à la fois judiciaires et extra-judiciaires mais également à des outils ayant vocation à s’appliquer de façon immédiate (ou conjoncturelle) et durable (ou structurelle). D’une part, dans une perspective normative et légaliste, le processus global de justice transitionnelle semble être cause d’inerties et de blocages comme peut a priori l’illustrer le cas du Burundi. D’autre part, à la lumière d’une approche systémique et inclusive, la globalité est au contraire source d’évolutions et d’émulations qui stimulent la créativité de la justice transitionnelle comme le démontre également le Burundi. Cette justice elle-même en transition est en réalité une justice réconciliatrice porteuse de doutes mais aussi d’espoirs. Elle est une justice complexe qui s’invente chaque jour, qui ne peut être efficace et efficiente qu’à condition d’être adaptée, légitime et appropriée par ceux à qui elle est destinée. Elle implique que soient trouvées des réponses satisfaisantes aux souffrances et aux besoins indissociables des victimes et des auteurs des violences de masse d’hier et des injustices sociales d’aujourd’hui. Elle a aussi pour ambition de prévenir la commission des crimes du futur en participant au renforcement de l’État de droit et, de façon plus globale, de rompre avec l’histoire de violences symboliques et actives subies et perpétrées au Burundi
As an answer to cycles of mass violence in Burundi, a transitional justice process has been opened. The Burundian case study presents some particularities among this kind of process. Whereas the Arusha peace and reconciliation agreement for Burundi in 2000 decided setting up two transitional justice instruments, a special court and a Truth Reconciliation Commission, the transitional justice process has not begun yet. Only National Consultations were organized in 2009. The negotiations and the mediation occurred during the ongoing war. There were no winners and no losers but just armed men who decided to discuss in order to conquer the power and then to keep it. That may explain why negotiations were so longer and staggered. A sort of consociativisme system was set up in Burundi as the model organization of power-sharing. Inside the politic game of power-sharing the peace-justice dilemma appears through instrumentalization of retributive justice which is assimilated to justice and the truth and pardon which claim referring to peace. Another particularity is found regarding numerous judicial and legal reforms relatively to children rights, lands conflict, electoral law or Criminal Code. On the eve of the implementation of the Truth Reconciliation Commission, the global nature of the transitional justice process is obvious. The Burundian context appears as an illustration of the extensive meaning of transitional justice which represents a justice in transition. The global nature of the matter is emerging through its temporal and disciplinary versatility. On one hand, transitional justice seems to be past justice, currently justice and future justice at the same time and on the other hand it may take several forms out of the official one, initially predicted. In a legalist and normative view, global nature of justice in transition might cause deadlock regarding the case of Burundi. In a systemic and multidisciplinary perspective, global nature of justice in transition reveals change capacities according to the case of Burundi. What really matter in such transitional justice process is relieving victims and perpetrators’sufferings which are undeniably linked and bringing answers to each protagonist of the crime as to the society with the permanent and ambitious aim of reconciliation

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17

James, Wynona Yvonne. "Imprint of Racism: A Phenomenological Study on White Adult Males' Exposure to Racial Antipathy, Historical Stereotypes, and Polarization Towards African Americans and Their Transformational Journey Towards Racial Reconciliation." Thesis, NSUWorks, 2018. https://nsuworks.nova.edu/shss_dcar_etd/117.

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Since the election of the first African American president in 2008, race relations have deteriorated in the United States. In May 2017, the emergence of the “alt-right” movement advocating for white nationalism caused further polarization between the races. This transcendental phenomenological research examined how white adult males’ exposure to racist ideologies influenced their perceptions towards African Americans, and how they emancipated from environments that promoted racist tenets. The study was guided by three research questions: How have white males been impacted by their exposure to racial antipathy and discrimination? What events or circumstances have white males experienced that led them to denouncing negative racial stereotypes and/or participation with hate groups? And, what efforts have they made to reconcile with individuals or groups they have harmed in the past? The literature review revealed racial conflict is a social phenomenon evolving from historical narratives posited by fear, social class, and white superiority. By employing qualitative data analysis, interviewing eight participants, and applying the theoretical lenses of critical race theory, social Darwinism, hate theory, and regenerative justice, the primary essence of the phenomenon acknowledged individuals are mentally and emotionally affected by negative historical narratives about racism. Six major themes evolved: 1) Familial Influences, 2) Southern White Experience, 3) Education and Race Relations, 4) Spiritual Convictions, 5) Immersion into the African American Experience, and 6) Physical and Mental Emancipation. The findings in this study contribute to the field of conflict resolution by advocating for advanced exploration into socio-psychology, racial reconciliation, and restorative justice.

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18

Manning, Peter. "Justice, reconciliation and memorial politics in Cambodia." Thesis, London School of Economics and Political Science (University of London), 2014. http://etheses.lse.ac.uk/871/.

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This thesis examines conflicts and congruities between memories of past political violence, and the implications these have for attempts to enable ‘justice’ and ‘reconciliation’ in Cambodia. The project takes the establishment of the Extraordinary Chambers in the Courts of Cambodia (ECCC) as a starting point that seeks to stabilise a narrow account of past political violence. The ECCC is important as a point of departure because it is the main institutional site through which Cambodia is confronting past political violence. Tasked with prosecuting crimes perpetrated by Khmer Rouge between 1975 and 1979, the ECCC promotes a restricted reading of political violence in Cambodia, attempting to silence some pasts whilst calling attention to others. At the same time, the work of the ECCC situates the past as a field of intervention that can yield particular ameliorative social and political outcomes: providing a sense of justice, establishing the truth of political violence in Cambodia, deterring the future perpetration of atrocity, and enabling reconciliation. Memory is integral to these ends as the key target of civic renewal. Based on eight months of fieldwork in 2008/9 conducted at multiple sites in Cambodia, the project critically reflects on the ECCC’s attempt to generate a unified and consensual account of political violence in Cambodia. Three key findings are evidenced. Firstly, whilst the ECCC attempts to frame and stabilise a preferred account of political violence through a judicial process that reconstructs memory through disclosure and concealment, this process itself is contested by the subjects it animates (its ‘victims’ and ‘perpetrators’). Moreover, I argue that the work of the ECCC actually catalyses multiple, often conflicted claims over what justice and reconciliation mean as socio-political strategies. The ECCC continues to generate unintended and unexpected results in the way that it platforms, recues and generates demands of the past. Secondly, the research findings evidence diverse and competing regimes of memory in Cambodia that call into question the possibilities of the ECCC in reconstructing a unified, shared public memory of political violence in Cambodia, and providing a sense of justice and reconciliation on that basis. These are frequently encountered exactly at the propagation of the ECCC preferred reading of past political violence, gesturing to the way that conflicting memory occurs – or is foregrounded – in resistance to power. Thirdly, the research findings evidence competing rationales for remembering and forgetting political violence in varied ways (for example, material priorities, tourism, and attendant commercial interests). Moreover, the thesis documents ambivalence among some Cambodians toward memorials and museums and the pasts that they call attention to. In this sense, the project shows how these ambivalences are dislocated from and eschew the moral authority of the rationales grounding the ECCC’s work (providing a sense of justice and facilitating reconciliation in the name of continued memories of political violence).

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19

Uys, Carmen. "Towards constructing restorative justice : a view of crime, justice and reconciliation." Diss., University of Pretoria, 2011. http://hdl.handle.net/2263/30570.

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This study explores how victims of violent crime construct meaning around crime, justice and reconciliation. It further aims to gain insight into how victims of crime construct expectations of which actions should ensue after the crime and whether their constructions encompass elements of reconciliation and restorative justice. The study is conducted from a social constructionist position and uses a critical discourse analysis framework in analysing the data. In-depth interviews were conducted with nine victims of serious crimes such as armed robbery, hi-jacking, attempted murder and rape. From the analysis it appears that participants have a need to experience justice and have a high demand for vengeance. This however may itself have grown out of a lack of a more positive experience of justice. Participants’ constructions of their experience of being a victim of crime center on notions of power, equality, prejudice and dominance. They draw on socially constructed differences based on race and gender to define both their identity as a victim of crime as well as the identity of their offender. These distinctions, based on categories of identity, serve to create an oppositional construction of “us” against “them” and also serve to dehumanise the offender. The analysis further indicates that participants draw on multiple constructions of restorative justice and despite strong support for punitive beliefs it appears that a discourse of restorative justice is also present in participants’ discussions. A key theme running through the data is the loss of personal power as a result of victimization. Instead of returning a sense of power to participants by allowing them to participate in the justice process, the legal system becomes the holder of the power and compounds the injury against the victim. The study has implications for how victims of crime are positioned in the justice system and how notions of restorative justice can be advanced in South African discourses. Copyright
Dissertation (MA)--University of Pretoria, 2011.
Psychology
unrestricted

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20

Du, Toit Stephanus Francois. "Reconciliation through justice? : a critical analysis of Rwanda's transitional justice programmes." Master's thesis, University of Cape Town, 2009. http://hdl.handle.net/11427/11864.

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Includes abstract.
Includes bibliographical references (leaves 103-114).
Rwanda is seeking to address genocide and it consequences through one of the most comprehensive, and arguably innovative, set of transitional justice measures yet developed. This study provides a critical analysis of this 'Rwandan approach' to transitional justice with a focus on the key claim by Rwandan authorities, but often made in other contexts too, that transitional justice furthers postconflict reconciliation. The central objective is to analyse critically the implications and consequences of the Rwandan transitional justice programmes for reconciliation in a post-genocide society.

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21

Ngowet, Luc. "Les fondements théoriques de la modernité politique africaine : essai de phénoménologie politique." Sorbonne Paris Cité, 2016. http://www.theses.fr/2016USPCC337.

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Toute réflexion sur la pensée politique africaine ne peut faire abstraction du problème du recouvrement de celle-ci, par le discours africaniste. L’hégémonie de ce discours est en partie à l’origine de notre réflexion sur les fondements théoriques de la modernité politique en Afrique qui souhaite poser les jalons d’un programme de recherche au long cours sur la pensée politique africaine. Notre thèse est également motivée par une anticipation de sens plus fondamentale, qui postule et voudrait montrer que la pensée africaine a toujours joué un rôle de premier plan dans la construction de la modernité politique du continent. Nous analyserons les contours et le contenu de cette pensée à l’aide d’une méthode de recherche et d’un principe de raison qui puissent en rendre compte avec conviction et lucidité. Notre thèse poursuit donc deux objectifs principaux. Premièrement, élaborer une critique de la raison africaniste qui fasse place à une herméneutique des discours endogènes sur le politique en Afrique, selon une méthode d’investigation que nous appellerons phénoménologie politique. Cette intelligence phénoménologie du politique comme instrument d'élucidation de la modernité africaine se fera à partir d'une interprétation des grands textes - francophones et anglophones- de la pensée politique du continent. Deuxièmement, dans son aboutissement ultime, notre projet théorique aimerait se donner à lire comme une histoire philosophante de la pensée politique africaine, offrant du même coup une compréhension précise de ses concepts et de ses problématiques divers, en un mot comme un métadiscours philosophique sur la modernité africaine,dont on s’attachera à montrer la spécificité
Any consideration of African political thought cannot disregard the issue of its recovering by Africanist discourse. The hegemony of this discourse is partly at the origin of our reflection on the theoretical foundations of modernity in Africa, that seeks to lay the foundations for a long-term research agenda on African political thought. Beyond a contention with the Africanist discourse, my thesis is also motivated by a more fundamental objective that presupposes and seeks to demonstrate that African thought has always played a vital role in the construction of the political modernity of Africa. I will analyse the contours and content of the theoretical foundations of that african political modernity through a methodology and a principle of reason that will bear witness to those foudations with conviction and lucidity. My doctoral dissertation therefore has two main objectives. First, it seeks to develop a critique of Africanist reason that will lead to an interpretation of endogenous discourses on politics in Africa, through a method of investigation called political phenomenology. Such a phenomenological understanding of politics as an instrument that can elucidate African modernity in Africa will be based on a critical interpretation of major african political texts written in both French and English. Secondly, my thesis aims at developing a philosophizing history of African political thought, providing a precise understanding of its concepts and issues. In sum, this dissertation would have achieved its objective if it read as a philosophical meta-narrative on African modernity, the specificity of which I shall define

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22

Hay, Mark. "Ukubuyisana reconciliation in South Africa /." Theological Research Exchange Network (TREN), 1997. http://www.tren.com.

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23

BULGAN, UGUR. "JUSTICE AFTER TERRORISM: WARFIGHTING, PAST INJUSTICE AND RECONCILIATION." Doctoral thesis, Università degli Studi di Milano, 2021. http://hdl.handle.net/2434/874401.

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The phenomenon of terrorism occupies an important place in contemporary political reality. Accordingly, all states are committed to fight against terrorism and protect their citizens from terroristic attacks. In this thesis, I aim at framing a normative account of how democracies should fight terrorism beyond military means. I engage with the literature on just war theory, transitional justice and recognition theory to conceptualize justice after terrorism. In light of the vibrant discussions in the aforementioned strands of literature, this study contemplates ending warfighting in terrorism, the aftermath of terrorism and the longer transitional post-terrorism period in order to provide justified grounds for the arguments to pursue peace and justice in societies with endured terroristic past. My discussion focuses on the moral and political arguments to decide when and how the military warfighting against terrorists should be ended; how the wrongdoing which terrorists inflict on their victims should be vindicated; and how the post-terrorism reconciliation should be conceptualized. Throughout my argumentation, justice after terrorism appears as a recognition-theoretical transitional justice account that envisages the re-recognition of the victims as the backward-looking remedy and just societal transformation as the forward-looking measure.

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24

Jardine, Varushka. "The Truth and Reconciliation Commission." Pretoria : [S.n.], 2010. http://upetd.up.ac.za/thesis/available/etd-03112010-141422.

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25

Evaldsson, Anna-Karin. "Grass-roots reconciliation in South Africa /." Göteborg : Göteborg University, 2007. http://www.loc.gov/catdir/toc/fy0803/2007476728.html.

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26

Aiken, Nevin Thomas. "Overcoming intractability : identity and intergroup reconciliation in transitional justice." Thesis, University of British Columbia, 2010. http://hdl.handle.net/2429/27088.

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Drawing upon an interdisciplinary synthesis of literature from political science, social psychology, and peace and conflict studies, this dissertation seeks to construct a theoretical framework capable of tracing the complex linkages between identity, transitional justice, and intergroup reconciliation in the post-conflict environments of deeply divided societies. An innovative ‘social learning’ model of this complex interrelationship is introduced, one which suggests that transitional justice strategies will be most successful in promoting intergroup reconciliation to the degree that they are able to catalyze crucial processes of instrumental, socioemotional, and distributive learning amongst former antagonists by promoting contact, dialogue, truth, justice, and the amelioration of structural and material inequalities – all factors identified in existing scholarship as necessary, if not sufficient, conditions for post-conflict reconciliation in divided societies. Employing a methodology of theoretically oriented systematic process analysis, this social learning model is tested through a critical examination of the very different transitional justice approaches adopted in South Africa and Northern Ireland. In South Africa, transitional justice centered on the highly regarded Truth and Reconciliation Commission, designed to address apartheid-era abuses committed between black and white South Africans. In Northern Ireland, a much more ‘decentralized’ approach has combined discrete government programs with an array of ‘bottom-up’ civil society initiatives to deal with the legacy of violence between Nationalist and Unionist communities committed during the ‘Troubles.’ Through extensive desk research and four months of qualitative field research conducted in 2008 (which included 85 in-depth expert interviews), suggestive evidence is found to support the underlying supposition that, at least in deeply divided societies, the causal relationship between transitional justice and reconciliation remains heavily mediated by the politics of identity. More specifically, in both Northern Ireland and South Africa, the transitional justice strategies employed appear to have been successful in contributing to post-conflict reconciliation to the extent to which they have been able to successfully promote a combination of the instrumental, socioemotional, and distributive forms of learning identified in the theoretical model. This study concludes by considering the policy implications of this analysis for ‘best practices’ in the design of future transitional justice strategies in deeply divided societies.

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27

Martin, Laura Stearns. "Activating justice : local appropriation of transitional justice in Sierra Leone." Thesis, University of Edinburgh, 2017. http://hdl.handle.net/1842/25926.

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This thesis examines local transitional justice programmes and processes in Sierra Leone. I will examine both recognised mechanisms – official institutions with preconceived goals and processes that are already recognised as part of the transitional justice ‘toolkit’ and unrecognised mechanisms – processes outside the institutional transitional justice scope and discourse. Much research and analysis of these processes often prioritise organisations and their programmes as the starting point of investigation and fail to recognise the various individual actors involved, both within the organisational structures and the groups for whom these programmes are designed. Moving beyond discussions of impact and effectiveness, this thesis examines the actual activity of Sierra Leonean individuals in both recognised and unrecognised processes. Fambul Tok is an example of a recognised local transitional justice programme, which seeks to facilitate justice and reconciliation through bonfire ceremonies to make the programmes more contextually relevant for rural communities. I will look at the various individuals involved in constructing and shaping how Fambul Tok operates and is represented to different audiences to better understand dynamics amongst different Sierra Leoneans with attachments to different places, all of whom theoretically constitute the local. My thesis will demonstrate how transitional justice processes are not only institutional, but also individual. I move away from discussions about ‘societies,’ normative questions of institutional effectiveness, the underlying assumptions that propel transitional justice programmes and mechanisms and look more specifically at the activities and appropriation of individual actors within these transitional justice processes to better illustrate the diverse means through which individuals construct as well as engage with local transitional justice programmes and the unique unrecognised ways individuals move past their war-related experiences.

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28

Clark, Philip. "Justice without lawyers : the gacaca courts and post-genocide justice and reconciliation in Rwanda." Thesis, University of Oxford, 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.425424.

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29

Van, der Riet R. Louis. "Reconciliation, justice, spirituality : in conversation with John W. De Gruchy." Thesis, Stellenbosch : Stellenbosch University, 2014. http://hdl.handle.net/10019.1/86812.

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Thesis (MDiv)--Stellenbosch University, 2014.
ENGLISH ABSTRACT: The primary concern of this study is to gain a better understanding of the interplay between the notions of reconciliation, justice, and Christian spirituality in the work of John W. de Gruchy in order to strengthen the profile of Christian spirituality. Through close readings of de Gruchy’s works on reconciliation and justice, as well as his own reflections on Christian spirituality, this study seeks to observe the nature and content of Christian spirituality as it pertains to justice and reconciliation. This study furthers the understanding of the contribution of Christian spirituality to the practice of reconciliation and as witness of public theology. It reveals the relational character of Christian spirituality, showing its value for engagement in practices of reconciliation and justice. These core concepts are found to be inherent in the covenantal relationship between God and humankind. Consequently, reconciliation is depicted as restoration; the contours of justice and right relationship in the transcendental, Platonist choice for truth, beauty and goodness serve to encapsulate these observations in de Gruchy’s work. Spirituality, reconciliation and justice are found to interrelate particularly in the sense that all are a means to an end, and ends in themselves.
AFRIKAANSE OPSOMMING: Hierdie studie fokus op die wisselwerking tussen die opvattings van versoening, geregtigheid en Christelike spiritualiteit in die werk van John W. de Gruchy met die oog op ‘n versterking van die profiel van Christelike spiritualiteit. Deur ‘n noukeurige lees van de Gruchy se werke oor versoening en geregtigheid en sy eie refleksies van Christelike spiritualiteit, poog hierdie studie om die aard en inhoud van Christelike spiritualiteit te bestudeer in sover as wat dit betrekking het op geregtigheid en versoening. Hierdie studie bevorder die begrip van Christelike spiritualiteit se bydrae tot die beoefening van versoening en dus die getuienis daarvan as publieke teologie. Die verhouding-gedrewe karakter van Christelike spiritualiteit word beklemtoon deurdat die waarde daarvan vir betrokkenheid in praktyke van versoening en geregtigheid duidelik word. Hierdie konsepte staan sentraal tot die verbondsverhouding tussen God en die mensdom. Gevolglik word versoening as herstel uitgebeeld; die kontoere van geregtigheid en regte verhoudinge in die transendentale, Platonistiese keuse vir die waarheid, skoonheid en goedheid omsluit hierdie waarnemings in de Gruchy se werk. Spiritualiteit, versoening en geregtigheid het veral ŉ onderlinge verband aangesien elkeen nie bloot ŉ middel tot ŉ doel is nie, maar ook self ‘n einddoel is.

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30

Busacca, Justin. "Justice and reconciliation in Uribe's Colombia an opportunity for peace /." Connect to Electronic Thesis (CONTENTdm), 2009. http://worldcat.org/oclc/501016819/viewonline.

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31

Fourlas, George. "Justice As Reconciliation: Political Theory in a World of Difference." Thesis, University of Oregon, 2014. http://hdl.handle.net/1794/18506.

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Divisiveness routinely turns violent, thus making research into alternative means of dealing with conflict an urgent necessity. This dissertation focuses on the politics of divisiveness and the techniques of conflict transformation. In this, I offer a robust and operable theory of reconciliation. I argue that reconciliation is the first principle of justice. In this sense, the ideal of justice is enacted through the improvement and coordination of social-political relations, which requires the development of trust and institutions that facilitate the ever emergent demos. This is not to suggest that alternative approaches to justice, such as distributive models, are useless or wrong. Rather, justice requires a consensus which cannot be realized when persons see their neighbors as enemies. In conflicts, activities that benefit the enemy Other, such as the redistribution of wealth, will be taken as an injustice by other embattled social groups. As I demonstrate through various cases, interpersonal and institutional responses, like redistribution, often escalate discord and rarely create a shared sense of justice. Thus, conflict becomes a cyclical and multilevel problem. I explore how we can better respond to the cycle of conflict at individual, social, and systemic levels, in order to realize a legitimate notion of justice. I use an interdisciplinary approach to defend my arguments, drawing on iv philosophy and conflict resolution (CR). CR is an emerging field that emphasizes practical responses to conflict, often with advocacy for reconciliation. However, more theoretical work needs to be done to explain the ideal of reconciliation that directs CR practices. Within philosophy, little work has been done on the topic of reconciliation. A vast literature exists on the topic of justice, but this literature offers few practical descriptions of how persons come to agree upon the terms of justice. Thus, theories of justice are often labeled as 'ideal' simply because they are disconnected from the fragmented and conflict-ridden reality most people experience. This dissertation, as a project in non-ideal political theory that is empirically informed by cases and concerns in CR, fills these gaps in both philosophy and CR.

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32

Kochanski, Adam. "Justice Deflected: The Uses and Abuses of Local Transitional Justice Processes." Thesis, Université d'Ottawa / University of Ottawa, 2017. http://hdl.handle.net/10393/37046.

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In recent years, there has been a noticeable turn towards the “local” in both the practice and academic study of transitional justice, exemplified by a belief that local transitional justice processes (LTJPs) are superior because they are rooted in cultural practices and closer to the communities and people seeking justice. However, this assumption, and the existing literature on these local initiatives, pays insufficient attention to asymmetric power relations between national and local actors and to the unseen domestic political interests that shape local transitional justice processes on the ground. By taking these factors into account, this dissertation contends that LTJPs can be used paradoxically to deflect justice in ways that allow ruling parties to avoid human rights accountability and that obscure the truth about wartime events. The dissertation further argues that the principal means by which justice is deflected is not through overt manipulation by ruling parties, but rather, through more indirect processes of “distortional framing” that ruling parties use to establish discursive limits around discussions of the past and to conceal their own human rights abuses. The cases of Cambodia and Mozambique are examined in detail to reveal and to trace the processes by which distortional framing has been employed as a tactic to deflect justice. This dissertation contributes to the study of transitional justice, not only by challenging the prevailing assumption that LTJPs are inherently preferable because they are more “authentic” or closer to the people, but by providing a novel explanation of how these processes can be manipulated to subvert their own stated goal of advancing the cause of justice, and by providing a detailed account of these distortionary processes at work in two post-conflict countries located on two different continents.

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33

Oelofsen, Rianna. "Afro-communitarianism and the nature of reconciliation." Thesis, Rhodes University, 2013. http://hdl.handle.net/10962/d1006809.

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In this dissertation I sketch a conception of personhood as understood from within an Afrocommunitarian worldview, and argue that this understanding of personhood has implications for understanding the concept of reconciliation. Understanding ‘being human’ as a collective, communal enterprise has implications for how responsibility, justice, forgiveness and humanization (all cognate concepts of reconciliation) are conceptualized. In line with this understanding of reconciliation and its cognate concepts, I argue that the humanization of self and other (according to the Afrocommunitarian understanding of personhood) is required for addressing the ‘inferiority’ and concurrent ‘superiority’ racial complexes as diagnosed by Franz Fanon and Steve Biko. These complexes reach deeply within individual and collective psyches and political identities, and I argue that political solutions to protracted conflict (in South Africa and other racially charged contexts) which do not address these deeply entrenched pathologies will be inadequate according to an Afrocommunitarian framework.

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34

Kokubun, Yoko. "Reconciliation and the ministry of accompaniment." Online full text .pdf document, available to Fuller patrons only, 2001. http://www.tren.com.

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35

Molenaar, Arthur. "Gacaca, grassroots justice after genocide the key to reconciliation in Rwanda? /." Leiden : Leiden : African Studies Centre ; University Library Leiden [Host], 2004. http://hdl.handle.net/1887/4645.

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36

Lebedeva, Alexandra. "Deconstruction of the UN Discourse on Transitional Justice : An Understanding of Justice and Reconciliation through Derrida’s Concepts." Thesis, Uppsala universitet, Teologiska institutionen, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-275276.

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The present thesis seeks to problematize the UN discourse within transitional justice. Many scholars have pointed out that the discourse has been normalised and that is why it is in need for deconstruction. The study aims to critically analyse how justice and reconciliation are understood in the field. For the purpose of the study Derrida’s concepts on justice and forgiveness have been chosen as theoretical frameworks. The method of study is a deconstructive analysis, based on Derrida’s notion of deconstruction. The method implies analysis of language of the research material, i.e. four UN reports regarding transitional justice from 2004, 2009, 2010 and 2011. The study has shown, firstly, that the rule of law concept is closely connected with the idea of justice and, secondly, justice is often reduced to accountability. That in turn explains the dominance of the juridical instruments in transitional justice processes. Apart from this, based on Derrida’s concept of forgiveness, reconciliation and mechanisms applied represent a conditional forgiveness, seeking to re-establish normality. Another problem is that reconciliation is not sufficiently approached in the reports. Nevertheless, the history of the transitional justice development has shown that there is a potential for further changes and that is why it necessary to continue question the established norms. Finally, deconstruction analysis has proved to be an adequate method for analysing transitional justice discourses and contributed to a nuanced analysis. The use of two languages, English and Russian versions of the reports allowed to identify and visualise some conceptual constructions that could otherwise have been missing.

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37

Amadu, Mohammed Hafiz. "The Qur'ānic concept of 'adl as a significant resource to the Qur'anic concepts of Salām and Ṣulḥ." Thesis, University of Aberdeen, 2015. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=226797.

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Among positions hitherto held is the idea that religion when it comes to the matter of conflict, has been destructive contributor. However, in recent times, attention has been granted to the role of religion and religious peoples in conflict resolution and the process of making peace. As such, this research argues that, the Qur'ānic concept of 'adl ('justice') is a significant resource to the Qur'ānic concepts of salām ('peace') and ṣulḥ ('reconciliation'). Analysing Qur'ānic resources on 'adl, salām and ṣulḥ such as Q.2:30; 49:13; 16:89, 90 reveals a Qur'ānic conceptual interconnectedness between the Qur'ānic concepts of tawḥīd ('submission to the will of Allah'), hidāyah ('guidance'), salām, 'adl and ṣulḥ. This revelation is significant towards the commitment of Muslims to 'adl as the command to be just articulated in Q.16:90 is interpreted to mean lā ilāha illā 'llāh ('there is no god but Allah'), which also stands for tawḥīd, and tawḥīd, in turn, is said to lead to peace and reconciliation as expressed by salām and ṣulḥ. The above Qur'ānic conceptual interrelationships are revealed as a result of the Qur'ānic comparative methodology involving five Arabic exegetical works that the researcher has employed, to promote a better Qur'ānic understanding. The choice of this methodology was in response to the call for a better way of elucidating the text of the Qur'ān. The application of the above methodology is however limited to this research alone. The research reveals that even though Muslims may be committed to Qur'ānic commandments due to their divine origin, it remains to be seen how these doctrinal issues are put into practice. The research has contributed to the body of knowledge by discussing the significant role of religion, and religious text in organising a just society in general and, in particular, in promoting 'adl, salām and ṣulḥ in society.

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38

Yaliki, Arnaud. "Quelle justice pour une réconciliation nationale ? Cas de la République Centrafricaine et de la République de Côte d'Ivoire." Thesis, Paris Est, 2018. http://www.theses.fr/2018PESC0046/document.

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Depuis plus d’une décennie, la République Centrafricaine (ci-après le Centrafrique ou la RCA) et la République de Côte d’Ivoire (ci-après la RCI ou la Côte d’Ivoire) traversent des conflits militaro-politiques graves qui se sont accentués pour le premier en 2012 et pour le second en 2011. Ces crises qui, dans la plupart des cas tirent leurs racines dans la mal gouvernance et une absence de volonté politique ont un dénominateur commun : des dégâts matériels importants et en perte de vies humaines. Des crimes graves dans la hiérarchie de l’horreur ont été commis (crimes de guerre, crimes contre l’humanité et crimes de génocide). Compte tenu de la gravité de ces crimes qui transcendent profondément la conscience humaine, les deux pays ont engagé des processus de justice transitionnelle, à travers des mesures judiciaires et non judiciaires en vue de faire face à leur passé douloureux et réconcilier les populations et communautés divisées. Comment intégrer la Justice dans une stratégie plus globale du processus transitionnel pour la réconciliation nationale favorable à un nouvel avenir démocratique ?Certes, la répression de ces crimes par les tribunaux centrafricains et ivoiriens, la Cour Pénale Internationale (CPI), la Cour Pénale Spéciale (CPS) en RCA ou au titre de la compétence universelle de juridiction est un objectif prioritaire poursuivi par les deux pays. Cependant, la justice classique s’est montrée incapable d’en juger tous les auteurs, tant leur nombre est important et tant les faits qui leurs sont reprochés sont graves. C’est pourquoi les autorités centrafricaines et ivoiriennes ont envisagé d’autres mécanismes complémentaires à la justice pénale destinés à rétablir un vivre ensemble entre les populations divisées, notamment la création des Commissions Vérité et Réconciliation. Elle est chargée d’établir une vérité historique sur les crimes du passé en vue de tourner définitivement la page. En dehors de cette institution classique de la réconciliation nationale, d’autres structures ont été créées, soit pour combler les lacunes des précédentes initiatives, soit pour connaître d’autres domaines nouveaux. La religion a aussi joué un rôle important; soit qu’elle promeut la tolérance religieuse, l’acceptation des différences ou la résolution pacifique des conflits, soit qu’elle apparaît comme cause de conflits, à travers la promotion ou la diffusion des messages de haine et de division.Mais dans la démarche de conciliation de ces deux objectifs, comment entreprendre le processus de réconciliation nationale sans pour autant avaliser les pratiques d’impunité ? C’est en ce sens que la répression des crimes graves apparaît comme un mécanisme nécessaire de la justice transitionnelle.Enfin, il est important de noter que les crises que connaissent les deux pays obéissent à des mobiles politiques, mais aussi institutionnels. C’est pourquoi des réformes institutionnelles ont été engagées dans plusieurs domaines, entre autres, la Réforme du Secteur de la Sécurité (RSS) avec le désarmement, la démobilisation et la réinsertion des tous les combattants. Des réformes ont aussi été entreprises dans le domaine de la bonne gouvernance et de la justice constitutionnelle pour que désormais, les actions des gouvernants soient soumises au droit
For more than a decade, the Central African Republic (CAR) and the Republic of Côte d'Ivoire (RCI or the Ivory Coast) are going through serious military-political conflicts which have been accentuated for the Central African Republic in 2012 and for RCI in 2011. These crises, which in most cases are rooted in poor governance and lack of political will have a common denominator: significant material damage and loss of life. Serious crimes in the hierarchy of horror have been committed (war crimes, crimes against humanity and crimes of genocide). Given the seriousness of these crimes that profoundly transcend human consciousness, both countries have engaged in transitional justice processes, through judicial and non-judicial measures to deal with their painful past and reconcile divided populations and communities. How to integrate justice into a more global strategy of the transitional process for national reconciliation in favour of a new democratic future?It is true that the repression of these crimes by the Central African and Ivorian courts, the International Criminal Court (ICC), the Special Criminal Court (SPC) in CAR or under universal jurisdiction is a priority objective pursued by both countries. However, classical justice has proved incapable of judging all the authors, as their number is important and the facts they are accused of are serious. This is why the Central African and Ivorian authorities have considered complimentary mechanisms to criminal justice aimed at restoring living together among the divided populations, materialized by the creation of the Truth and Reconciliation Commission (CDVR). It is responsible for establishing a historical truth about the crimes committed in order to definitively turn the page. Apart from this classical institution of national reconciliation, other structures have been created, either to fill the gaps of previous initiatives or to find other new areas. Religion has also played an important role; either it promotes religious tolerance, acceptance of differences or peaceful resolution of conflicts, or it appears as a cause of conflict, through messages of hatred and division.But in this process of reconciling these two objectives, how can we begin the process of national reconciliation without endorsing practices of impunity? It is in this sense that the repression of serious crimes appears as a necessary mechanism of transitional justice.Finally, it is important to note that the crises in both countries are politically motivated, but also institutional. This is why institutional reforms have been initiated in several areas, including Security Sector Reform (SSR) with the disarmament, demobilization and reintegration of all combatants. Reforms have also been undertaken in the field of good governance and constitutional justice so that, henceforth, the actions of the rulers are subject to the law

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39

Kamunde, Nelly Gacheri. "Drawing the borderlines: truth justice and reconciliation mechanisms/amnesties and the Rome Statute." Thesis, University of the Western Cape, 2009. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_2849_1363357271.

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40

Agwella, Martin O. L. "Localising Peacebuilding in South Sudan? A Case of Transitional Justice and Reconciliation." Thesis, University of Bradford, 2018. http://hdl.handle.net/10454/17138.

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Despite the signing of the 2005 Sudan Comprehensive Peace Agreement that ended the two decades of South-North Sudan war; and the 2015 Agreement on the Resolution of the Conflict in South Sudan, to end the current civil war, armed conflicts persist in South Sudan. Two key inadequacies of the liberal peacebuilding model, applied to address modern conflicts in Africa and across the globe are its insistence on international justice instruments such as the International Criminal Court, and the failure to recognize the role of local approaches and to incorporate them into peacebuilding intervention policies. This has resulted in failures to address the grievances and bitterness of war affected people and to reconcile divided communities. This study examines the potential and limits of applying local approaches to post-conflict peacebuilding in South Sudan. Based on empirical data obtained through qualitative case study conducted in South Sudan over five months in 2016, the findings reveal that despite the wide use of local institutions and justice mechanisms, many challenges exist, that pose serious difficulties in solely applying these strategies to transitional justice. However, for the liberal peacebuilding model to address the root causes of internal conflicts and build sustainable peace, local strategies could provide a significant complementary contribution, since dealing with the past entails more than retribution and truth seeking. The study has wider implications in practical and theoretical considerations for ongoing armed conflicts in Africa and other parts of the world.

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41

Dollar, Lauren. "Truth and reconciliation at the grassroots : community truth processes in the Southern United States." Master's thesis, University of Cape Town, 2008. http://hdl.handle.net/11427/10348.

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Includes bibliographical references (leaves 94-98).
Truth commissions are implemented in order to "deal with the past" in the context of a transition in government from authoritarian to democratic rule. At the center of a truth commission is a truth process that attempts to establish the experience of gross human rights abuse at the hands of the state, and does so in a way which places the victims of such abuse at the center of the process, through valuing victim testimony as "truth." It is done with the assumption in mind, that in order for a society, or community, to have healthy relations in the future, violent past experiences must be faced and dealt with. Communities at a local level have imitated the structure, goals and procedures of truth commissions in projects that have been termed "Unofficial Truth Projects." This thesis compares three case studies of unofficial truth projects which have taken place in the Southern United States in the past few years: The Greensboro Truth and Reconciliation Commission in Greensboro, North Carolina, which sought to establish a community reconciliation process 25 years after what has come to be known as the "Greensboro Massacre"; and two civil-society based truth processes, the Katrina National Justice Commission and the International Tribunal on Hurricanes Katrina and Rita, which seek to establish truth and gain reparations for human rights abuses which have taken place in the aftermath of Hurricane Katrina in New Orleans. The author considers various projects in a comparative manner, and through examining their histories, structures and ideological make-up, analyzes the processes in terms how these factors affect the ability for the project to: gain legitimacy as a truth process, generate resources and support, acknowledge victims' experiences, and engage the community in reconciliation efforts. The author also echoes the calls for a shift in paradigm in reconciliation and transitional justice literature, which would allow for a space to exist for truth processes that may be unofficial and fall outside a context of a formal transition. Such processes could still greatly benefit communities living in post-conflict contexts and with histories of racial and political violence, such as many communities in the Southern United States.

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42

Alhassan, Mukaddas. "An Evaluation of a Victim Offender Mediation Program at a Juvenile Court." Youngstown State University / OhioLINK, 2010. http://rave.ohiolink.edu/etdc/view?acc_num=ysu1280344760.

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Di, Paolantonio Mario Gabriel. "Memory and justice in Argentina's dirty war, reading the limits of national reconciliation." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk2/tape15/PQDD_0011/MQ33983.pdf.

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44

Azman, Muhammad Danial. "Resolving the post-election violence and developing transitional justice institutions through power sharing : power and ideology in Kenya's quest for justice and reconciliation : a justice without punishment?" Thesis, University of St Andrews, 2015. http://hdl.handle.net/10023/9617.

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45

Apollos, Dumisani. "South African criminal justice : a paradigm shift to victim-centred restorative justice?" Thesis, Nelson Mandela Metropolitan University, 2014. http://hdl.handle.net/10948/d1020078.

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The focal point of this treatise is the evaluation of the paradigm shift that has taken place in our South African criminal justice system post 1994. This shift is seen as a move away from a retribution approach to a more victim-centred approach. One needs to remember that the previous regime had unfair and unjust laws: to do away with such laws an interim constitution1 was enacted in Parliament in 1993 and became operational on 27 April 1994. It was the fundamental law of South Africa. This was later repealed by the final Constitution 2 on 4 April 1997. In its preamble it states categorically that it seeks to establish a “society based on democratic values, social justice and fundamental human rights” and “(to) lay the foundations for a democratic and open society in which government is based on the will of the people and every citizen is equally protected by law”. One of the priorities of democratic government in 1996 was the National Crime Prevention Strategy3 (hereafter referred to as the NCPS). It was designed to reduce the high level of crime in our country and has four pillars: the criminal justice process; reducing crime through environmental design; public values and education and trans-national crime. Pillar one is seen as a move away from retribution as punishment towards a system of restorative justice 4. Furthermore the South African government is a signatory to various international laws, treaties and declarations that uphold victims’ rights. One example would be the United Nations Declaration on the Basic Principle of Justice for Victims of Crime and abuse of Power 1985 - in fact the Victims’ Charter is compliant with this declaration. Yet one cannot negate the fact that in the last two decades the status of victims has altered significantly: there has been some development in the transformation of the criminal justice system. Since 1994 the focus gradually shifted from an adversarial and retributive criminal justice to that of restorative justice. This shift is vindicated by following examples: the adoption of the NCPS; the Truth and Reconciliation Commission 5 (hereafter referred to as the TRC); the adoption of the Service Charter for Victims of Crime 6(hereafter referred to as the Victims’ Charter); the enactment of the Child Justice Act7; and case laws which applied restorative justice principles such as S v Maluleke and S v Saayman. Therefore this treatise will evaluate the application of a restorative system by looking at the definition of restorative justice; government commitments to the system; the enactment of Acts and policies that support the system. This will be done in relation to the victims.

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Oyeyemi, Titus K. "Equipping the new African peacebuilder." Online full text .pdf document, available to Fuller patrons only, 2004. http://www.tren.com.

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Thesis (M.A. in Peace Studies)--Associated Mennonite Biblical Seminary, 2004.
"The proposed curriculum for the African Peace Academy" (Chapter Six) consists of Section I - Africa, Section II -Religion, Section III - Peace Studies, and Section IV Economics and international relations. Includes bibliographical references (leaves 147-153).

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Asmal, Kader. "Victims, survivors and citizens: human rights, reparations and reconciliation: inaugural lecture." University of the Western Cape Printing Department, 1992. http://hdl.handle.net/10962/69386.

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The professorial inaugural lecture is for the university an occasion to celebrate - celebrate in the full meaning of the word, i.e. to perform publicly and duly, to observe and honour with rites and festivities, to publish abroad, praise and extol. Through the custom of the inaugural lecture the university celebrates and affirms its basic function, that of creating, preserving, transmitting and applying knowledge, particularly scientifically-based knowledge. The university appoints to the position of professor one who has attained excellence in the handling of knowledge in her or his discipline, and through a jealous watchfulness over the dignity and esteem of this time-honoured position of excellence amongst scholars, defends the capacity of the university to advance human knowledge and human progress. The University of the Western Cape is particularly honoured to celebrate by way of this address the inauguration of its first ever Professor of Human Rights Law. We take pride from both the position and the incumbent: the post demonstrates our commitment to scholarly relevance, the incumbent to the pursuit of excellence. This university has distinguished itself amongst South African educational institutions for the way that it has grappled with questions of appropriate intellectual and educational responses to the demands of the social and political environment. That search involved debates and contests over what constitutes knowledge or valuable knowledge, over the nature of the process of knowledge production, over the relationship between theory and practice, about autonomy and accountability, about the meaning of "community" and about how the activities of a university are informed by the definition and conception of "community". The decision to establish a chair in Human Rights Law was arrived at as part of that process of searching for the appropriate forms of curricular transformation. South African society with its history of colonial conquest and latterly apartheid rule is one bereft of a rights culture; and where the discussion of a bill of rights and the general establishment of an awareness of human rights had been started in recent times, it has often been motivated by a concern with the protection of traditionally advantaged sectors of society. A university like ours has an obligation to contribute to the debate about and the promotion of human rights in ways which will also be concerned with healing, reparation and reconstruction in this severely brutalised nation. In this address marking his formal assumption of the University of the Western Cape’s Chair in Human Rights Law, Kader Asmal gives testimony of the depth of scholarly rigour and the breadth of humane concern brought to and emanating from this position. The integral coming together of Asmal the international scholar, the anti-apartheid activist of long standing, the seasoned international solidarity worker, the spirited publicist is evidenced in this address which is sure to stand as a signal point of reference in our national debate about this complex subject. The University had been privileged to attract to its staff some of the finest scholars from the ranks of the formerly exiled South Africans; this inaugural ceremony provides the institution with the opportunity to welcome into its midst one of those in the person of Kader Asmal.
Publications of the University of the Western Cape ; series A, no. 64

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48

Jardine, Varushka. "The Truth and Reconciliation Commission : success or failure?" Diss., University of Pretoria, 2008. http://hdl.handle.net/2263/23111.

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The South African Truth Commission was different to any other commission held in the past. The Commission had to balance the scales between a painful past and a peaceful future. The task in itself was not an easy one, considering the fact that the apartheid years spanned over many decades. It certainly was not an easy task to maintain a balance between blanket amnesty and legal prosecutions. This middle of the road policy leveled much criticism from all sides, ranging form political parties to victims and their families and the general public. However, the policy on amnesty was a crucial aspect in balancing the past with that of the future. Although the TRC had achieved its objectives, it had many shortcomings ranging from its original mandate, its workings right through to the final recommendations. The scope of the Commission was far too wide considering the fact that they had to cover human rights abuses spanning over the years 1960 to 1994. The mandated period for them to complete their task was very limited if one considers the fact that this was a unique Commission and many people had to be trained to carry out tasks especially on lower levels. The Committees established by the Commission did not have clear methods of working and the coordination between them was poor. The methodology followed by the TRC was flawed but we need to take time and consider the enormity of the task at hand. It was not only a transitional phase for the people of South Africa but for the new government as well. The TRC was not a well planned process. However one has to also consider that accountability had to be done as soon as possible or it would have lost its essence. Issues had to be faced as soon as possible. The Commission also received criticism for allowing religion into its doors, mainly Christian theology. However, in some ways, one has to consider the fact that most people who were affected by apartheid were Christian and they found comfort in the practice of the Commission. The National Party had to be accountable and yes, as leaders they should have apologized for what had happened. This should have been a point of issue for the Commission and one of the areas where they had failed to act. Notwithstanding all the negative aspects of the Truth and Reconciliation Commission much positivism brought to the country as a whole, sections of society and to individuals. Nothing short of a miracle can heal a country. The terms of reconciliation, forgiving and healing became acceptable terms to many who were affected by the period of apartheid. South African history was given an opportunity to be recorded. People were given an opportunity to clear their conscious and find peace in truth. For the first time it was possible to see beyond the pain that many had suffered. As a country we would have been much poorer had the truth not been told. I believe it was truly a necessary part of our history. Copyright
Dissertation (MHCS)--University of Pretoria, 2010.
Historical and Heritage Studies
unrestricted

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Hills, Sarah Ann. "A theology of restitution as embodied reconciliation : a study of restitution in a reconciliation process in Worcester, South Africa." Thesis, Durham University, 2015. http://etheses.dur.ac.uk/11027/.

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This thesis explores the concept of restitution through the questions, 'How adequate are the current understandings of restitution in relation to the reconciliation journey?', and 'What would a theology of restitution based on a broader understanding look like?' The nature and role of restitution, or rather its lack, began to seem key to the process of reconciliation. Restitution in the South African context seemed to be little regarded or acted upon. The hope is that this thesis will make a new contribution to the current understanding of the theology of restitution and as such, provide a bridge from theory to praxis, in order to further the work of reconciliation and healing in situations of conflict, wherever they may arise. The argument that reconciliation without restitution is at best, only partial, and needs to be based in praxis, led to engaging with a community reconciliation process in Worcester, Western Cape, to seek to understand with them what restitution means, and how it is enacted. The thesis is based in practical theology in conversation with qualitative research. Twelve interviews and in-depth fieldwork were conducted. Thematic comparative analysis of the data allowed themes to be identified from the interview and observational records, and included cycles of theological reflection. Exploration of emerging key themes led to the conception of restitution as broader than currently understood: as relational, radical, embodied and embracing. Themes of 'eucharistic space', gift, and embodiment relate restitution to the Eucharist and the body of Christ, as something sacramental, tangible, and communal. The thesis argues that a Eucharistic understanding of restitution and a restitutionary understanding of Eucharist, arrived at through the empirical work, enables a broader understanding of the theology of restitution, which thus enables transformative praxis in the journey towards reconciliation with God and with each other.

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Buchholz, Kathleen B. "Energy Justice in Sub-Saharan Africa." Thesis, The American University of Paris (France), 2015. http://pqdtopen.proquest.com/#viewpdf?dispub=1527235.

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Sub-Saharan Africa has the lowest rates of electrification and some of the worst education statistics worldwide. In the absence of strong infrastructure for a reliable grid system and quality universal primary schooling, the poor suffer significantly. Though substantial research has been done on both issues separately, the relationship between the two has yet to be explored. This thesis uses social justice theories to introduce the connections between energy poverty and an individual’s education capabilities through a case study in Zambia. Case study research was carried out in the urban low-resource settlements of Lusaka, Zambia over a period of two months with Lifeline Energy, using methods of participant observation.

Drawing on trends discovered in survey responses, interviews and feedback from a distribution of renewable technologies, this study demonstrates that a lack of modern forms of energy detracts from education. By synthesizing the data with Martha Nussbaum's capabilities approach and Sendhil Mullainathan and Eldar Shafir’s scarcity theory, the research reveals that energy poverty hinders an individual’s ability to study and gain a quality education and diminishes their available cognitive capacity to learn by tunneling attention to the resource deficit. Furthermore, it supports the claim that energy poverty is not gender neutral. The research concludes that the scarcity caused by energy poverty can be lessened by the investment in and use of small-scale renewable technologies which alleviates some of the daily stress and grind of poverty. This thesis lays the groundwork to recognize energy poverty as an injustice.

Keywords: Energy Poverty, Education, Gender, Sub-Saharan Africa, Scarcity, Capabilities Approach.

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Дисертації з теми "Justice and reconciliation in Africa"

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