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.

Rule of Law, Security, and Transitional Justice in Fragile and Conflict-Affected Societies

2018 ◽  
Author(s):  
Anja Mihr ◽  
Chandra Sriram Lekha
Keyword(s):  
Rule Of Law ◽  
Transitional Justice ◽  
Truth Commissions ◽  
Law Reform ◽  
Security Sector ◽  
The Past ◽  
Post Conflict ◽  
Knowing That ◽  
The Many

States are expected to provide both security and justice for their citizens; one needs the other in order to work well. Yet when both are damaged or destroyed by war, state actors and outsiders alike tend to treat them as competing post-conflict priorities. Over the past twenty years, numerous processes have emerged to promote one or both, including “transitional justice”—from courts and truth commissions to community reconciliation—and programs to restore rule of law, reform the “security sector” (SSR) and disarm, demobilize, and reintegrate fighters into society (DDR). The many actors involved have just as many, sometimes competing, operational priorities, knowing that change is urgent, but necessarily long-term. This chapter examines the interaction of transitional justice, rule of law, SSR, and DDR, identifying key concepts, actors, processes, and challenges in pursuing change in each of these areas simultaneously.

scholarly journals Transitional Justice in the Middle East and North Africa – Taking Account of Islam

2017 ◽  
Vol 14 (1) ◽  
Author(s):  
Hakeem O. Yusuf
Keyword(s):  
Middle East ◽  
Significant Role ◽  
North Africa ◽  
Transitional Justice ◽  
Social Transformation ◽  
Cultural Value ◽  
The Core ◽  
The Past ◽  
Justice Process ◽  
Islamic Values

AbstractThe core of the argument of this article is that the integration of Islamic notions of justice into transitional justice mechanisms in the MENA makes for a more viable and sustainable transitional justice process in the region. This would mean a critical cultural value in the MENA is given a place in dealing with the past and mapping out a sustainable future in the region. The argument here is premised on the logic that a social transformation-focused enterprise like transitional justice ought to engage with Islam for sustainable outcomes in societies in the MENA where Islam is very influential. Given the significant role and influence of Islam on cultural, socio-political and legal institutions in the MENA, a process of transitional justice that takes account of Islamic values and practices is important for negotiating justice and institutionalising reforms in societies in the region.

Transitional Justice and Changing Memories of the Past in Central Europe

2013 ◽  
Vol 50 (1) ◽  
pp. 24-44
Author(s):  
Roman David
Keyword(s):  
Czech Republic ◽  
Central Europe ◽  
Transitional Justice ◽  
The Czech Republic ◽  
Divided Societies ◽  
The Past ◽  
The Impact

Memories of wrongdoings are often viewed as an obstacle to reconciliation in divided societies. Is it due to the past or the present politics of the past? To examine the dilemma of essentialism versus presentism, this article investigates the impact of transitional justice on memories of wrongdoing. It theorizes that using different transitional justice strategies to deal with the same wrongdoing shapes memories in different ways. The theory is tested via vignette-based surveys in the Czech Republic, Hungary and Poland, which adopted distinct lustration laws. The results show that wrongdoing is viewed through lustration laws, reflecting present power constellations, not history.

Transitional Justice without Transition

2020 ◽  
pp. 397-446
Author(s):  
Beth Van Schaack
Keyword(s):  
Transitional Justice ◽  
Institutional Reform ◽  
International Community ◽  
Political Transition ◽  
Truth Commissions ◽  
Truth Telling ◽  
Historical Case ◽  
Reconstruction Process ◽  
History Of ◽  
Justice Process

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.

Justice and journalism during transitions

2020 ◽  
Vol 82 (7) ◽  
pp. 646-663
Author(s):  
Nicole Stremlau
Keyword(s):  
South Africa ◽  
Transitional Justice ◽  
Former Yugoslavia ◽  
The World ◽  
Justice Process ◽  
Political Groups

Since the collapse of the Somali state in the early 1990s, the country has been one of the most dangerous places in the world for journalists. Many have been killed with impunity and the majority of those that have been killed where the perpetrator is known have been connected to political groups, including a range of actors such as government forces, parastatals including the Islamist group, Al-Shabaab and businessmen. The lines between such authorities are often blurred. While the targeting and assassination of journalists is certainly one key aspect of potential transitional justice process, it is not the only one. This article explores the variety of ways that journalists contribute and participate in violence and how transitional justice processes must grapple with these nuances and complexities. Drawing on examples from other countries, including South Africa and the former Yugoslavia, the article reflects on the different ways that media intersects with transitional justice processes in Somalia.

‘We have long memories in this area’: Ulster Defence Regiment place-memory along the Irish border

2020 ◽  
pp. 175069802092145
Author(s):  
Joseph S Robinson
Keyword(s):  
Northern Ireland ◽  
Political Violence ◽  
Transitional Justice ◽  
Political Change ◽  
Large Body ◽  
Political Space ◽  
The Past ◽  
Place Memory ◽  
Post Conflict ◽  
Time Away

A large body of literature assumes post-conflict societies can and should mediate public memory towards frames conducive to a reconciled future. However, this article argues that such a drive marginalises survivors of political violence who narrate the past as still-present wounds. The linear temporality of transitional justice presumes an idealised trajectory through time, away from violence and towards reconciliation. However, this idealised temporality renders anachronistic survivors who depend on the prolongation of traumatic pasts for the possibility of political change. Using the case of former Ulster Defence Regiment in Northern Ireland, this article examines this prolongation through the lens of Ulster Defence Regiment survivors’ resistant place-memory along the Southwest run of the Irish border. Through the performative retemporalisation of everyday places and landscapes, survivors demand that their resistant memories and narrative frames of past violence still belong and still have active political resonance in transitional political space.

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 The Issue of Education in Post-Conflict Reconstruction through the Transitional Justice Process: The Case of Côte D’Ivoire

2020 ◽  
Vol 3 (4) ◽  
pp. p141
Author(s):  
ASSAMOI Seraphim Desire
Keyword(s):  
Cote D'ivoire ◽  
Transitional Justice ◽  
Côte D’Ivoire ◽  
Cote D’Ivoire ◽  
Reconstruction Process ◽  
National Education ◽  
Post Conflict ◽  
Côte D'ivoire ◽  
Justice Process ◽  
The Impact

The inclusion of education in post-conflict reconstruction in a transitional justice process goes far beyond physical construction and educational facilities to become part of national educational planning and policy. The issue of education in post-conflict periods is at the level of the national education system in general and of educational policies and strategies in particular. In Côte d’Ivoire, as in other countries emerging from violent conflict, even if the issue of education can be identified in the structural and direct causes of the occurrence of conflicts, it must be recognized that the impact of these conflicts on education remains considerable at different levels. Thus, taking account of its consequences in post-conflict reconstruction in the context of transitional justice is of great interest both for its contribution to economic growth and for the promotion of fundamental human rights and social cohesion. A full involvement of education in the transitional justice process is a real potential for mutual reinforcement in the reconstruction process. Practical synergies between education and transitional justice call for closer collaboration between education and transitional justice actors.

scholarly journals Medijska konstrukcija kolektivnih sjećanja: Tretman prošlosti u polju novinarstva, s osvrtom na postdejtonsku Bosnu i Hercegovinu

2013 ◽  
Vol 13 (2 2013) ◽  
pp. 39-65
Author(s):  
Mirza Mahmutović
Keyword(s):  
Bosnia And Herzegovina ◽  
Transitional Justice ◽  
Social Situation ◽  
The Past ◽  
Post Conflict ◽  
The Media

In this work we critically consider the practice of treating history in the area of journalism respectively media as an distinctive institutional arena of contemporary communities for establishment, maintenance and transformation of common frameworks of understanding and commemorating of certain episodes from the past. We intent to offer plausible explanations regarding the relations between ''culture of remembrances'' and ''culture of reporting''. Article suggests how to approach the often misunderstood history in informative activitiy, which in its field of action and by definition does not have the dimension of history but the dimension of social situation of contemporariness. We also form the key operations and strategies used in shaping the repertoire of journalistic reports on the past. Described practices we study on the example of post-Dayton BiH, analysing media treatment of conflict areas during the recent war history. Legitimisation of ethnic-national visions of the past through the discourse of reporting has been recognised as the dominant way of working in the ''media memory filed''. Two key paradoxes of these practices are highlighted: coexistence of opposite discourses of commemoration and codification of abjection experiences by the same group of significations which have initially inducted the war traumas. We point out at least two conditions which facilitate these paradoxes: ambiguity of the past, concpetion of time which is assumed by post-Dayton Bosnia and Herzegovina as an inherently uncompleted/imperfect country and technologies of culturised steering of trauma, which is being used by regimes of therapeutic/transitional justice'' to cope with disturbing history in post-conflict communities.

scholarly journals Transitional Justice in South Africa and Brazil: Introducing a Gendered Approach to Reconciliation

2019 ◽  
Vol 6 (2) ◽  
pp. 82-107
Author(s):  
G. Nelaeva ◽  
N. Sidorova
Keyword(s):  
South Africa ◽  
Transitional Justice ◽  
Truth Commissions ◽  
General Question ◽  
Truth Telling ◽  
South African Society ◽  
Representation Of Women ◽  
The Past ◽  
Formal Procedure ◽  
Post War

The concept of transitional justice has been associated with the periods of political change when a country emerges from a war or turmoil and attempts to address the wrongdoings of the past. Among various instruments of transitional justice, truth commissions stand out as an example of a non-judicial form of addressing the crimes of the past. While their setup and operation can be criticized on different grounds, including excessive politization of hearings and the virtual impossibility of meaningfully assessing their impact, it has been widely acknowledged in the literature that the Truth and Reconciliation Commission in South Africa can be regarded as a success story due to its relatively strong mandate and widespread coverage and resonance it had in South African society. We would like to compare this commission from the 1990s with a more recent example, the Brazilian National Truth Commission, so as to be able to address the question of incorporation of gendered aspects in transitional justice (including examination of sexual violence cases, representation of women in truth-telling bodies, etc.), since gender often remains an overlooked and silenced aspect in such initiatives. Gendered narratives of transitional justice often do not fit into the wider narratives of post-war reconciliation. A more general question addressed in this research is whether the lack of formal procedure in truth commissions facilitates or hinders examination of sexual crimes in transitional settings.

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