The Role of Reparations in the Transition from Violence to Peace

Author(s):  
Peter J. Dixon

Reparations are among the most tangible, victim-centric, and personal of processes in the transition from violence to peace, symbolizing the recognition that an individual has been harmed and has rights in the eyes of the state or international community. Reparations are also an inherently political project, transforming official visions of violence, responsibility, and victimization into material and psychological benefit. Despite the power of reparations to shape transitions from violence to peace, they have been too often ignored in practice, leaving most victims of gross violations of human rights and serious violations of international humanitarian law without reparation. Partly as a consequence, research has tended to focus more on “harder” processes, like trials and truth commissions, than on the “stepchild of postconflict justice.” Yet, there have been significant developments in reparations theory and practice that motivate key outstanding questions for researchers. Reparations derive their symbolic power from the law, which is an imperfect tool for responding to the varied forms of violence experienced in conflict and to the diverse, sometimes contradictory, priorities and needs that people hold. In such contexts, there is an inherent tension between expanding reparations programs to be inclusive and adaptable and preserving their fundamental distinction as a justice process. This is a difficult balance to strike, but there are frameworks and questions that can offer useful guidance. In particular, the lenses of economic violence and positive peace are useful for articulating the role of reparations in postconflict transitions, offering conceptual expansion beyond transitional justice’s traditional concern for political violence without delving too far into the customary terrain of development or postconflict reconstruction. Yet, the specific mechanisms through which the inward and outward feelings and attitudes and broader social changes that reparations are expected to produce remain undertheorized in transitional justice scholarship, in large part because of a lack of empirical evidence about how recipients experience them in practice. Does the restoration of civic trust, for example, depend upon recipients of individual reparations telling their neighbors about their payments? Does recognition as a citizen depend upon a beneficiary publicly self-identifying as a victim? Questions like these about the particular variables that drive reparations outcomes represent the next frontier for transitional justice researchers interested in the role of reparations in the transition from violence to peace.

2017 ◽  
Vol 3 (2) ◽  
pp. 74-97 ◽  
Author(s):  
Marco Aurelio Guimarães ◽  
Raffaela Arrabaça Francisco ◽  
Sergio Britto Garcia ◽  
Martin Evison ◽  
Maria Eliana Castro Pinheiro ◽  
...  

Truth commissions are widely recognised tools used in negotiation following political repression. Their work may be underpinned by formal scientific investigation of human remains. This paper presents an analysis of the role of forensic investigations in the transition to democracy following the Brazilian military governments of 1964–85. It considers practices during the dictatorship and in the period following, making reference to analyses of truth commission work in jurisdictions other than Brazil, including those in which the investigation of clandestine burials has taken place. Attempts to conceal the fate of victims during the dictatorship, and the attempts of democratic governments to investigate them are described. Despite various initiatives since the end of the military government, many victims remain unidentified. In Brazil, as elsewhere, forensic investigations are susceptible to political and social influences, leading to a situation in which relatives struggle to obtain meaningful restitution and have little trust in the transitional justice process.


2021 ◽  
pp. 277-309
Author(s):  
David Dyzenhaus ◽  
Alma Diamond

This chapter evaluates the so called 'transitional constitution' of South Africa and the 'permanent constitution' of Colombia. Through a comparative approach, it contends that constitutions are better understood in terms of their resilience rather than either being transitional or permanent, and that a 'resilient constitution' is the one capable of springing back even after being subjected to extreme pressure, as long as leaders maintain their commitment to governing within the limits of the law. In this sense, the differences between the Colombian transitional justice and the South African case do not stem primarily from the 'permanence' of its Constitution, but rather from the difficulties and tensions inherent to any transitional justice process, because it derives from some of the very rights it is designed to promote. The chapter then details how the jurisprudence of the Colombian Constitutional Court on transitional matters can be understood as having moved from an understanding of the Constitution as permanent, to one of resilience that does not represent a new power grabbed by the Court. Rather than that, it signals an understanding of the role of the Court in maintaining a constitutional order even in the face of existential threats to it.


2020 ◽  
pp. 397-446
Author(s):  
Beth Van Schaack

The penultimate chapter offers a discussion of the prospects for a genuine transitional justice process in Syria. Chapter 10 begins with a short history of the development of the archetypal tools within the transitional justice toolkit—criminal accountability, truth commissions, reparations, amnesties, lustration, institutional reform, and guarantees of nonrecurrence—and the way in which transitional justice efforts have become increasingly internationalized. This enhanced involvement of the international community in promoting transitional justice reflects the belief—premised on historical case studies and emerging empirical research—that societies in transition must address the crimes of the past in some capacity or risk their repetition. The chapter surveys the most recent research testing these claims, which has benefited from the creation of a number of new databases gleaned from states in transition. The chapter then describes ways in which the international community has tried to prepare for a future transitional justice process in Syria even in the absence of a political transition, including by training Syrian advocates, surveying Syrian communities to understand their knowledge of transitional justice and preferences for Syria, promoting psychosocial rehabilitation and solidarity among victims, and preparing for truth-telling exercises and institutional reform measures. The conclusion suggests ways in which the international community could still promote some form of transitional justice as part of the reconstruction process, even if Assad remains in power, which seems increasingly likely.


2014 ◽  
Vol 14 (3) ◽  
pp. 377-404 ◽  
Author(s):  
Duncan McCargo ◽  
Naruemon Thabchumpon

More than ninety people died in political violence linked to the March–May 2010 “redshirt” protests in Bangkok. The work of the government-appointed Truth for Reconciliation Commission of Thailand (TRCT) illustrates the potential shortcomings of seeing quasi-judicial commissions as a catch-all solution for societies struggling to deal with the truth about their recent pasts. The 2012 TRCT report was widely criticized for blaming too much of the violence on the actions of rogue elements of the demonstrators and failing to focus tightly on the obvious legal transgressions of the security forces. By failing strongly to criticize the role of the military in most of the fatal shootings, the TRCT arguably helped pave the way for the 2014 coup. Truth commissions that are unable to produce convincing explanations of the facts they examine may actually prove counterproductive. Following Quinn and Wilson, we argue in this article that weak truth commissions are prone to politicization and are likely to produce disappointing outcomes, which may even be counterproductive.


2019 ◽  
Vol 2 (2) ◽  
pp. 231
Author(s):  
Katarzyna Marta Głąb

This article aims to show that transitional justice should be understood extensively, going beyond the legal-criminal view (transitional justice in the narrow sense). The main argument of research is that social sciences offer a prepared methodological set, without which it is impossible to study these processes effectively, and thus it is impossible to carry out effective social reform, what the cases of some countries show. More andmore often, this is said about the significant role of reconciliation, buildingsocial trust and social cohesion, achieved through extra-legal means, using non-judicial mechanisms. The author intentions to highlight the rooting of transitional justice in this broader sense in social sciences and outline the relationship between truth and political regimes, explaining the dynamic relation of truth-knowledge to political power, but also to highlight the issue of overcoming the problematic universality of transitional justice.


Author(s):  
Edivaldo Aparecido de Santana ◽  
Lucia Helena Presoto

Este trabalho objetivou conhecer, avaliar e descrever o perfil do enfermeiro/aluno sobre seu papel didático na docência de enfermagem, a atuação do profissional enfermeiro na área de ensino apresenta-se como uma temática pertinente em um momento de transformações no ensino caracterizado por mudanças sociais e novas demandas educacionais da atualidade. A pesquisa foi realizada no período de 5 a 20 de outubro de 2009 usando como cenário um hospital da iniciativa pública da cidade de São Paulo com análise de 50 enfermeiros escolhidos aleatoriamente, segundo as variáveis: gênero; faixa etária; tempo de formação profissional; situação conjugal; vícios; atuação como docente; curso de docência; tempo de atuação como docente; área de atuação como docente; área de maior responsabilidade. Pode-se concluir que dos entrevistados predominaram o sexo feminino; com idade entre trinta e cinco a quarenta e cinco anos; tendo como tempo de formação profissional de dois a oito anos; 56% são tabagistas; a maioria trabalha como professor; 56% relatam que ambas as áreas, teórica e prática requer mais responsabilidade.Descritores: Enfermeiro-Educador, Formação, Didática. The profile of the nurse/student about their educational role in teaching nursingAbstract: This study aimed to identify, assess and describe the profile of the nurse/student about their educational role in teaching nursing, the role of the professional nurse in the area of education presents itself as a relevant issue in a moment of transformation in education characterized by social changes and new educational demands of today. The survey was conducted in the period of 5 to october 20, 2009 using a hospital setting as the public initiative of the city of São Paulo with analysis of 50 randomly selected nurses, according to the variables: gender; age; time training; marital status; vices; performance as a teacher; course of teaching; time working as a teacher; area of expertise as a teacher; area of greater responsibility. It can be concluded that the respondents predominated females; aged thirty-five to forty-five years; taking time as training of two to eight years; 56% were smokers; most work as a teacher; 56% report that both areas, theory and practice requires more responsibility. Descriptors: Nurse-Educator, Formation, Didacticism. El perfil de lo enfermero/estudiante acerca de su función docente en la enseñanza de la enfermeríaResumen: Este estudio tuvo como objetivo identificar, evaluar y describir el perfil de la enfermera/estudiante acerca de su papel educativo en la enseñanza de la enfermería, el papel del profesional de enfermería en el área de la educación se presenta como un tema relevante en un momento de transformación en la educación que se caracteriza por los cambios sociales y las nuevas demandas educativas de hoy. La encuesta fue realizada en el período de 5 al 20 de octubre de 2009 con un entorno hospitalario como la iniciativa pública de la ciudad de São Paulo con el análisis de 50 enfermeras seleccionadas al azar, de acuerdo a las variables: género; edad; tiempo de entrenamiento; Estado civil; vicios; desempeño como maestro; curso de la enseñanza; tiempo de trabajo como maestro; área de experiencia como maestro; zona de mayor responsabilidad. Se puede concluir que los encuestados predominaron las hembras; treinta y cinco hasta cuarenta y cinco años de Caracas; tomarse el tiempo como la formación de dos a ocho años; 56% eran fumadores; la mayoría trabaja como maestro; 56% reportan que tanto las áreas, la teoría y la práctica requiere más responsabilidad. Descriptores: Enfermero-Educador, Formación, Didáctica.


2020 ◽  
Vol 12 (2) ◽  
pp. 444-470
Author(s):  
Jeremy Sarkin ◽  
Ram Kumar Bhandari

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.


2015 ◽  
Vol 57 (1) ◽  
pp. 130-160 ◽  
Author(s):  
James Slotta

AbstractThe truth and reconciliation commissions of Latin America and Africa are paradigms of transitional justice, often regarded as part of the process of transitioning from authoritarian to democratic rule. But truth commissions are also common in first-world settler states, which raises the question of what “transition” such commissions effectuate in Canada, Australia, and the United States. This paper examines the efforts of Canada's Royal Commission on Aboriginal Peoples to resolve a controversy over a government relocation of Inuit families in the 1950s for which the relocatees were demanding compensation. Concurrent with historical controversies in the Canadian courts concerning Aboriginal rights and title, the historical controversy over the relocation raised questions about the Canadian state's ability to “hear the voices” of First Nations people, who objected that their accounts of the past had been disregarded by government-contracted historians and courts alike. I argue that the Royal Commission's efforts to hear the voices of Inuit relocatees, showcased in nationally televised hearings, was a phatic ritual in which communicative contact between marginalized citizens and the state was ritually established. The ritual was presented as a remedy for failures to achieve phatic communion among citizens and state—a condition of communicative contact held up as essential to the realization of liberal democratic ideals. The work of the Royal Commission and other truth commissions highlights the growing prominence of communication, particularly liberal communicative events construed as “open,” “equal,” and “free,” as a concern of both theory and practice in liberal democratic polities.


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