Transformation – Overcoming the Limits of Liberal Peace and Transitional Justice in Deeply Divided Societies: Reconciliation in Liberal Peace Theory

2021 ◽  
pp. 1-16
Author(s):  
Or Avi-Guy
Keyword(s):  
Transitional Justice ◽  
Political Stability ◽  
Power Sharing ◽  
Institution Building ◽  
Institutional Reforms ◽  
Transformative Justice ◽  
Divided Societies ◽  
Political Reality ◽  
Post Conflict ◽  
Liberal Peace

This article explores the tension between the theoretical conceptualisations of liberal peace, transitional justice and reconciliation by focusing on power sharing as a liberal peace institution-building mechanism. Power sharing is based on the premise that identities in conflict in deeply divided societies are difficult, if not impossible, to change. The article outlines the limitations of liberal peace by demonstrating how the implementation of power-sharing arrangements creates a political reality in which conflict patterns are further entrenched, thus hindering the prospects of conflict transformation. In order to address the limitations of liberal peace, the article draws on models of transformative justice to highlight the growing need for a new conceptualisation of reconciliation as a political and transformative concept, in which both justice and reconciliation are recognised as intrinsic goals for post-conflict societies. Thus, the re-establishment of political structures and institutional reforms is envisaged not only as a tool to promote political stability, but as a means of facilitating transformation in conflict patterns in the political and social spheres.

scholarly journals Prospects for the Implementation of Transitional Justice in Ukraine

2021 ◽  
Author(s):  
Oleksandra CHUBINIDZE
Keyword(s):  
Transitional Justice ◽  
Truth Commissions ◽  
Institutional Reforms ◽  
Modern Approach ◽  
Military Conflict ◽  
Post Conflict ◽  
Official Statement ◽  
Legal Model ◽  
Historical Truth ◽  
First Time

The study examines the features of transitional justice. The author gives definitions and goals of this concept. As it was noted by the scientists Ovcharenko and Shcherbaniuk, transitional justice includes judicial and extrajudicial mechanisms, such as prosecution, compensation, truth commissions, institutional transformations, and a combination of the above. For the first time, the content, main elements, and mechanisms of transitional justice are described in detail, which is considered in the context of the simultaneous transformation of Ukrainian society from an authoritarian past to a democratic present and from military conflict to post-conflict. Referring to Arkadiy Bushchenko (2017) transitional justice, as a model of society's transition from authoritarian to democratic, and from armed conflict to post-conflict, is currently the most modern approach to solving the problems that Ukraine has been dealing with since the end of 2013. Therefore, given this understanding, there is a prospect of developing a national legal model for the implementation of the basic principles of transitional justice. With the ultimate goal of the process of reconciliation in society, the concept of transitional justice involves the simultaneous operation of the state in four areas: effective criminal prosecutions, reparations, institutional reforms, and official statement of historical truth.

scholarly journals Introduction FEDERALISM, RECONCILIATION, AND POWER-SHARING IN POST-CONFLICT SOCIETIES

2011 ◽  
Vol 8 (2) ◽  
Author(s):  
Neophytos Loizides ◽  
Iosif Kovras ◽  
Kathleen Ireton
Keyword(s):  
Transitional Justice ◽  
Power Sharing ◽  
The Political ◽  
Special Issue ◽  
Post Conflict ◽  
Introductory Article ◽  
Individual Contributions ◽  
Grassroots Level ◽  
Conflict Reconciliation ◽  
The Individual

This special issue examines the interplay between reconciliation in postconflict societies and alternative mechanisms of political accommodation. In our introductory article, we define and explore the central concepts used in post-conflict studies while investigating the potential linkages between reconciliation and federal or power-sharing arrangements. We argue that addressing issues of justice, reconciliation and amnesty in the aftermath of conflict frequently facilitates cooperation in establishing successful institutional mechanisms at the political level. We also examine the degree to which reconciliation at the grassroots level should be seen as a prerequisite of consolidating power-sharing arrangements among elites particularly in the form of federal agreements. Finally, we discuss the individual contributions to the special issue and highlight the importance of incorporating insights from the literature of transitional justice and post-conflict reconciliation to the study and practice of federalism.

scholarly journals The Evolution of Party Policy and Cleavage Voting under Power-Sharing in Northern Ireland

2019 ◽  
pp. 1-19 ◽  
Author(s):  
James Tilley ◽  
John Garry ◽  
Neil Matthews
Keyword(s):  
Northern Ireland ◽  
Political Parties ◽  
Social Issues ◽  
National Policy ◽  
Power Sharing ◽  
Vote Choice ◽  
Divided Societies ◽  
Political Dynamics ◽  
Party Manifestos ◽  
Post Conflict

Abstract This article argues that post-conflict consociational arrangements in ethnically divided societies incentivize moderation by political parties, but not policy differentiation outside the main conflict. This results in little policy-driven voting. Analysing party manifestos and voter survey data, we examine the evolution of party policy and cleavage voting under power-sharing in Northern Ireland 1998–2016. We find a reduction in ethno-national policy differences between parties and that ethno-nationalism has become less important in predicting vote choice for Protestants, but not Catholics. We also find little party differentiation in other policy areas and show that vote choices are largely independent of people's policy stances on economic or social issues. Our findings are thus largely consistent with a ‘top-down’ interpretation of political dynamics.

Why Political Appointments to Truth Commissions Cause Difficulties for these Institutions: Using the Crisis in the Transitional Justice Process in Nepal to Understand How Matters of Legitimacy and Credibility Undermine Such Commissions

2020 ◽  
Vol 12 (2) ◽  
pp. 444-470
Author(s):  
Jeremy Sarkin ◽  
Ram Kumar Bhandari
Keyword(s):  
Transitional Justice ◽  
International Standards ◽  
Truth Commissions ◽  
Moral Integrity ◽  
Divided Societies ◽  
The Past ◽  
Post Conflict ◽  
The World ◽  
Justice Process ◽  
Political Appointments

Abstract Over five decades and with dozens of examples of truth commissions to look back on, an undeniable aspect of their legacy is that the world has become far more focused on dealing with the past and uncovering the truth about past atrocities. While there is typically a focus in the literature on the more widely publicized and famous truth commissions, scores of other processes have taken place, especially since the 1990s. Post-conflict or divided societies have designed institutions in ways that achieve specific objectives but at the same time conform to international standards, creating a reputation of being both democratic and accountable. Using the prism of Nepal, this article examines why the process to establish transitional justice mechanisms, and specifically truth commissions, needs to be legitimate and credible for them to be effective and be impactful. It specifically examines issues relating to appointments to such institutions and why such appointments need to be done independently and not overtly politically. It scrutinizes why appointment mechanisms and processes are so important to enhancing the legitimacy and independence of such bodies. The case of Nepal is used as an example to extrapolate conclusions about the problems that affected its processes, and the various crises that have emerged in those processes. The article argues that commissioners ought to be chosen on the basis of their impartiality, moral integrity, and known commitment to human rights and disclosure of the truth. This is essential to ensure that the process is seen to be independent and credible.

POWER-SHARING AND NATIONAL COMMUNITY FORMATION: UNDERSTANDING BOSNIA’S EXPERIENCE

2021 ◽  
pp. 127-153
Author(s):  
Irina Kudryashova ◽  
Elena Meleskina
Keyword(s):  
Political Institutions ◽  
Political Process ◽  
Political Stability ◽  
Power Sharing ◽  
Political Regime ◽  
Successful Implementation ◽  
Quarter Century ◽  
Dual Nature ◽  
National Community ◽  
Post Conflict

The article explores the experience of power-sharing, i.e. consociational democracy, established in Bosnia and Herzegovina (BiH) after the end of the ethnic war a quarter century ago. The authors’ attention is aimed at identifying a balance between the broad autonomy of the three major ethnocultural groups (segments) and the formation of a national community and common civic identity. Knowing this balance makes it possible to determine the prospects for political stability and development. For this purpose, the system of political institutions in BiH is considered, and its specificity is highlighted. Data-based analysis allows to define a number of negative trends in the Bosnian political process, in particular, the weakening of the democratic potential of the political regime, as well as the deterioration of the quality of governance and civil society’s activities. The observed rise in political participation is assessed as ineffective, since it hasn’t been accompanied by an increase in authorities’ responsibility and ability to solve acute political and socioeconomic problems. In particular, despite widespread support for the European perspective, party leaders haven’t been able to agree on the constitutional reform that is required to obtain official EU candidate status. The BiH parties’ analysis reveals their interest in promoting the ethno-nationalist discourse for keeping control over the economic and political resources of their communities. It is also noted that the role of international actors in BiH is of a dual nature: they maintain the required level of stability, but some of their decisions provoke strengthening of the nationalist forces. In the framework of the Bosnian case, the importance of the elites’ consent to joint participation in power and cooperation can be viewed as the most important condition for the successful implementation of power-sharing institutions and practices in post-conflict societies.

scholarly journals Digitizing Community Building and Reconciliation in Post-Conflict Communities: A Case of #Let’sTalkUganda in Northern Uganda

2020 ◽  
Vol 6 (2) ◽  
pp. 205630512092478
Author(s):  
Juma Kasadha
Keyword(s):  
Social Media ◽  
Information And Communication Technologies ◽  
Transitional Justice ◽  
Community Building ◽  
Political Stability ◽  
Communication Technologies ◽  
Northern Uganda ◽  
Social Actors ◽  
Post Conflict ◽  
Information And Communication

This research examines the use of information and communication technologies (ICTs; social media) as a tool that fosters community building and reconciliation in post-conflict regions, in particular Northern Uganda. Using Twitter data collected over 27 months (12 June 2016–9 September 2018), we found that information technology (IT) increased social actors’ (Justice and Reconciliation Project [JRP]-Uganda) advocacy for transitional justice in post-conflict communities. Interview findings evidenced the effectiveness of using social media (SM) to connect post-conflict communities to share and discuss reconciliatory ideas. This study connotes that well-thought-out SM use by social actors to share information used in resolving conflict results in socio-political stability and harmonious coexistence.

Living with Heterogeneity

2012 ◽  
Vol 11 (3) ◽  
pp. 304-324 ◽  
Author(s):  
Jason Guss ◽  
David S. Siroky
Keyword(s):  
Political System ◽  
Institutional Design ◽  
Economic Incentives ◽  
Ethnic Violence ◽  
Power Sharing ◽  
Institutional Reforms ◽  
Coalition Politics ◽  
Post Conflict ◽  
Identity Based ◽  
Post War

Abstract Short of partition, many scholars hold that consociational arrangements are the most effective democratic institutional mechanisms to manage ethnic differences and maintain peace in nations and groups recently engaged in violent ethnic conflict. Many countries have implemented consociational arrangements to redress identity-based conflicts over recognition and resources, but the empirical record is mixed at best. Restoring moderate politics and democratic order in ethnically divided societies after war is difficult. Consociationalism, however, is usually not the best or the only option. Consociationalism fails as a viable post-conflict political system, we argue, because it tends to reinforce centrifugal politics and to reify identity-based cleavages. The implementation of centripetal social and institutional reforms, which foster political and economic incentives for communities to reintegrate refugees, diversify existing populations, and engage in coalition politics, is more likely to restore moderation and minimize the risk of renewed ethnic violence. We explore these arguments using the critical case of Bosnia, drawing on examples from other parts of the world that have faced similar challenges. We argue that efforts to balance majority rule and the rights of the constituent peoples in Bosnia have created an unwieldy power-sharing architecture that satisfies none of the parties and is unable to govern. Post-war and deeply divided democracies, such as Bosnia, require reforms that move towards a centripetal, incentives-based approach to institutional design.

scholarly journals The liberal peace and its contesting universal values: a theoretical approach to the development of hybrid forms of political order in post conflict societies

2019 ◽  
Vol 8 (2) ◽  
pp. 427-453
Author(s):  
Mariana Morena Pereira
Keyword(s):  
Political Stability ◽  
Political Order ◽  
Critical Approach ◽  
Post Colonial ◽  
Post Conflict ◽  
Present Essay ◽  
Liberal Peace ◽  
Important Approach ◽  
Local Actors ◽  
Universal Values

The Liberal Peace can be understood as a discourse and a framework which is constantly used by western countries in order to promote political stability in post-conflict societies. Embedded in the peacebuilding/peacekeeping operations, some liberal values are assumed to be the “only deal in town” to assist war-torn societies reaching political order. The present essay aims to analyze what are the theoretical principles embedded in the Liberal Peace assumptions and bring a critical approach which contests these universal values of implementing peace in transitioning societies. That being said, we can affirm that many values regarded as “universal” do not have much meaning to local societies in post-conflict states. The essay hence tries to look to an alternative perspective to build the peace in post-conflict societies: the hybrid peace. The Hybrid Peace assumption is an important approach which assumes that the local agency is a relevant actor on the promotion of peace in their respective communities, mainly in post-colonial states. Thus, the local actors have legitimacy and recognition of the society and can, therefore, promote and build peace along international interveners. The main objective of the present essay is to present a new approach to understand the peacebuilding projects and also recognize that different contexts need distinct approaches.     Recebido em: agosto/2018. Aprovado em: abril/2019.

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