Transitional Justice

2018 ◽  
pp. 145-178
Author(s):  
Roman David ◽  
Ian Holliday
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
Real Life ◽  
Political Prisoners ◽  
Historical Injustice ◽  
Half Century ◽  
Secondary Sources ◽  
Political Determinants ◽  
Human Rights Abuse ◽  
Survey Experiments

Myanmar’s half-century of authoritarianism from 1962 to 2011 left a bitter legacy of gross human rights abuse and other historical injustice. One issue widely held by researchers to be a contributing factor to establishing a human rights culture and promoting democratization is dealing with the past. In this context, the chapter explores the demand for transitional justice in Myanmar, drawing on interviews with former political prisoners, surveys, survey experiments, and secondary sources. It reviews factors commonly associated with demand for transitional justice, examines the historical and political determinants of transitional justice in Myanmar, probes the authors’ surveys to investigate popular demand for transitional justice, uses interviews with former political prisoners to assess victims’ needs and their conception of justice, and connects a victim-centred approach with popular demand by examining support for transitional justice in light of experimental evidence simulating real-life resolution of historical injustice.

scholarly journals Fundamental Human Rights of Women: Islamic Panacea for Rights Abuses

2019 ◽  
Vol 4 (1) ◽  
pp. 99-116
Author(s):  
Rafatu Abdul Hamid
Keyword(s):  
Human Rights ◽  
Sources Of Information ◽  
Human Right ◽  
Secondary Sources ◽  
Human Rights Abuse ◽  
Women Trafficking ◽  
Set Up ◽  
The Right ◽  
Effective Use ◽  
Abuse Of Women

Fundamental human rights provisions had continued to feature very prominently in the successive constitutions of the Federal Republic of Nigeria. In addition, there had been a rise in the activities of human right groups in Nigeria in order to ensure the protection of fundamental human rights of all people. Despite all these, women fundamental human rights abuse was on the increase in Nigeria. The case of domestic violence, kidnapping, sexual harassment, women trafficking, killings, denial of the right to Education etc, are common occurrences. These abuses among others are responsible for physical and psychological underdevelopment of women and girl child which in turn affects their input in the development of their nation. It is against this backdrop that this paper examines two abuses of women fundamental human rights: abuse of right to life and education. The paper also discusses the instrumentality of effective use of the Islamic panacea in tackling the abuse of women fundamental human rights in Nigeria. The study relied on primary and secondary sources of information. It concludes by recommending that, for the full observance of human rights, an international control must be set up to supervise enforcement, as well as the education of the women and society in general.

Refocusing Transitional Justice to Focus Not Only on the Past, But Also to Concentrate on Ongoing Conflicts and Enduring Human Rights Crises

2016 ◽  
Vol 7 (2) ◽  
pp. 294-329 ◽  
Author(s):  
Jeremy Sarkin
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
Holistic Approach ◽  
The Past ◽  
Recovery Processes ◽  
Conflict Situations ◽  
Human Rights Abuse ◽  
Humanitarian Crises ◽  
The World ◽  
Normative Foundations

Transitional justice’s normative foundations, orientation, and methodology favour a backward-looking focus in dealing with the legacy of violence in societies. This article suggests that transitional justice (tj) can be more effective if it broadens its scope to include processes and measures to engage with present day conflict, and human rights and humanitarian crises. The article examines the extent of the crises that exist in the world and how there have been increases in such crises particularly over the last decade. The article inspects the development of tj, its evolution and its focus on dealing with the past in order to determine whether a focus on dealing with the present, or the immediate past, is outside of what is envisaged as possible within a tj framework. The article studies the notion of transition to determine whether a transition is in fact necessary for tj to be applied. It argues that there is a need for tj to become broader in its orientation, and for it to become more relevant and more applicable in other circumstances. It is suggested that in order for tj to be criticized less, it should play a more enhanced role in conflicted places to reduce violence and human rights abuse and play a role in peacemaking and peacebuilding. It is contended that in conflict situations tj has, in the past, focused on justice and allied issues such as amnesty, but that there ought to be a more holistic approach to tj in conflict situations. The article also examines how tj can play an increased role in preventing atrocities, its role in justice and reducing impunity, in truth recovery processes, and in guaranteeing non-repetition of violations in the context of ongoing emergencies. It is argued that there are numerous feasible steps that can be taken during human rights disasters that help prepare for the future even if these steps are limited and cannot achieve that much during the existence of a crisis.

scholarly journals Seeking Transitiona Justice In Indonesia: Lessons From The Cases of Aceh, Papua And East Timor

2016 ◽  
Vol 1 (2) ◽  
pp. 69
Author(s):  
Munafrizal Manan
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
Presidential Election ◽  
East Timor ◽  
Transitional Period ◽  
Human Rights Violations ◽  
Election Campaign ◽  
Human Rights Abuses ◽  
Human Rights Abuse ◽  
Presidential Election Campaign

This article analyses the Indonesian efforts to resolve past human rights abuses under the mechanism of transitional justice following the downfall of President Soeharto on May 21, 1998. The focus of analysis is the implementation of transitional justice in the cases of Aceh, Papua, and East Timor during the transitional period. This article shows that the efforts to enforce transitional justice in these cases have been faced with obstacles. Although there have been notable efforts in terms of both judicial and non-judicial to enforce transitional justice, the final results are not satisfactory. Transitional justice mechanism to resolve past human rights abuses was implemented only with half-baked and supported with half-hearted. As a result, it has failed to bring justice for the victims. There are lessons can and should be learned from these transitional justice cases for resolving other past human rights abuse cases in Indonesia today. The current Indonesian government should pay attention to the lessons in order to resolve past human rights violations in accordance with its promise during presidential election campaign in 2014. Otherwise, it is likely to repeat the same mistake and failure of justice dealing with past human rights violations.

scholarly journals Who Is a Political Prisoner?

2020 ◽  
Author(s):  
Christoph Valentin Steinert
Keyword(s):  
Systematic Review ◽  
Human Rights ◽  
International Law ◽  
International Organizations ◽  
Political Prisoners ◽  
Political Prisoner ◽  
Academic Literature ◽  
Human Rights Abuse ◽  
Explicit Criteria

Abstract Who is a political prisoner? The classification of inmates as political prisoners has important real-world implications such as deciding over accession to international organizations or triggering international advocacy. However, the concept is ambiguously used in academic studies referring to both theoretically and empirically distinct groups of individuals. Building on a systematic review of the academic literature, I identify that definitions of political prisoners differ primarily with regard to (1) the source of politicization, (2) the timing of politicization, (3) the question of nonviolence, (4) the inclusion of identity prisoners, and (5) the criteria for biased state actions. In order to establish political prisoners as analytically consistent concept, I suggest to reserve it for victims of politically biased trials while remaining agnostic toward prisoners’ political motivations. I introduce explicit criteria grounded in international law to identify politically biased trials in practice. The new conceptualization allows to disentangle political imprisonments from other types of illegitimate and non-illegitimate imprisonments. A disaggregation of the concept further highlights that only a subset of political prisoners is entitled to demands for unconditional releases. Taken together, this article sheds light to the underlying meanings of different actors’ claims about political imprisonments and contributes to the systematic study of this type of human rights abuse.

The Kenya National Commission on Human Rights under the 2010 Constitutional Dispensation

2018 ◽  
Vol 26 (2) ◽  
pp. 205-226
Author(s):  
Bonolo Ramadi Dinokopila ◽  
Rhoda Igweta Murangiri
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
National Commission ◽  
Bill Of Rights ◽  
Institutional Perspective ◽  
Post Conflict ◽  
National Human ◽  
The Status ◽  
Protection Of Human Rights

This article examines the transformation of the Kenya National Commission on Human Rights (KNCHR) and discusses the implications of such transformation on the promotion and protection of human rights in Kenya. The article is an exposition of the powers of the Commission and their importance to the realisation of the Bill of Rights under the 2010 Kenyan Constitution. This is done from a normative and institutional perspective with particular emphasis on the extent to which the UN Principles Relating to the Status of National Institutions for the promotion and protection of human rights (the Paris Principles, 1993) have been complied with. The article highlights the role of national human rights commissions in transformative and/or transitional justice in post-conflict Kenya. It also explores the possible complementary relationship(s) between the KNCHR and other Article 59 Commissions for the better enforcement of the bill of rights.

Os crimes contra os direitos humanos praticados na ditadura militar brasileira: Justiça de transição e persecução penal

2020 ◽  
Author(s):  
Marcos José Pinto
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Transitional Justice ◽  
Criminal Prosecution ◽  
Military Dictatorship ◽  
Criminal Offenders ◽  
State Agents ◽  
Democratic Rule

This book aims to analyze the crimes against human rights that offended the Democratic Rule of Law in Brazil, committed by state agents in the Brazilian military dictatorship (1964/1985), asserting that they remained unpunished. In view of this, to address this issue, it is proposed that criminal offenders be held liable. The issue of our slow Transitional Justice will also be examined, arguing for the criminal prosecution of state agents who violated human rights in Brazil, demonstrating how and how this can occur, all in order to move away from impunity, hitherto guaranteed by the Brazilian Amnesty Law, ensuring the effectiveness of justice and the strengthening of democracy.

Practical Approaches to Higher Education

2018 ◽  
Author(s):  
Jane Kotzmann
Keyword(s):  
Higher Education ◽  
United States ◽  
Human Rights ◽  
Teaching And Learning ◽  
Real Life ◽  
Theoretical Models ◽  
The United States ◽  
Education Systems ◽  
Higher Education Systems ◽  
Human Rights Based Approach

This chapter explores the real-life operation of six higher education systems that align with the theoretical models identified in Chapter 2. Three states follow a largely market-based approach: Chile, England, and the United States. Three states follow a largely human rights-based approach: Finland, Iceland, and Sweden. The chapter describes each system in terms of how it aligns with the particular model before evaluating the system in relation to the signs and measures of successful higher education systems identified in Chapter 3. This chapter provides conclusions as to the relative likelihood of each approach facilitating the achievement of higher education teaching and learning purposes.

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