Witnessing the Ruins of Apartheid

Matatu ◽  
2018 ◽  
Vol 50 (1) ◽  
pp. 60-80
Author(s):  
Marie Kruger

AbstractConstitution Hill, a unique and hybrid memorial site in the centre of Johannesburg, commemorates the violence of apartheid in the city’s infamous prison complex. Based on a series of workshops with former inmates and prison staff, the permanent exhibitions emphasize the importance of personal objects and testimonials for understanding the human rights violations of the past and their significance for the present and the future. In response to Yvonne Owuor’s appeal to remember the vulnerability of those human bodies who no one “[has] bothered to mention, to mourn”, my article attempts to map a new path towards responsible forms of spectatorship as we walk through the former Women’s Jail and listen to the witness accounts of Deborah Matshoba and Nolundi Ntamo.

Author(s):  
Kevin Hearty

Viewing Irish republican policing memory primarily through a transitional justice lens, this chapter critically examines how Irish republicans, as a principal party to the conflict, approach the difficult issue of ‘dealing with the past’ as both collective victims and perpetrators of human rights violations during the conflict. It will interrogate the range of divergent views within modern Irish republicanism on issues such as victimhood, truth recovery, ‘moving on’ and ‘dealing with the past’. In particular, it looks at how the memory of human rights violations framed the wider policing debate and led to a master narrative of ‘never again’ whereby the value of ‘remembering’ past abuses lay in helping to prevent future repetition. This is placed against a more general backdrop of the stop-start ‘dealing with the past’ process in the North of Ireland that has included the establishment, operation and subsequent replacement of the Historical Enquiries Team (HET), the passage of the Civil Service (Special Advisers) Act (Northern Ireland), and proposals like the Haass/O’Sullivan document and the Stormont House Agreement.


Author(s):  
Chuah Siew Mooi ◽  
Ann Nicole Nunis

This chapter focuses on the experience of volunteers and frontline workers who serve in marginalized communities across Southeast Asia. More frontline workers and volunteers are taking the initiative to support marginalized communities in the region. With the rise of human rights violations towards marginalized communities in the past decade, frontline workers and volunteers face unique experiences in working with these communities, ranging from stigma and discrimination to unaddressed levels of burnout. Based on the authors' experiences working with these communities and the summary of the interviews with fellow frontline workers, the experience of working with marginalized communities, particularly those affected by HIV/AIDS and refugees, are elaborated in this chapter. Current challenges as well as recommendations are highlighted to ensure that the frontline workers and volunteers are supported throughout their vital work towards society.


Author(s):  
Gráinne de Búrca

This chapter reflects on the lessons to be derived from the advocacy campaigns in Pakistan, Argentina, and Ireland discussed in earlier chapters. Insights drawn from those campaigns are used to refine the experimentalist account of human rights advanced in Chapter 2, particularly as regards the importance of social movements and of building broad social support for human rights campaigns. The remainder of the chapter describes five major challenges of the current era—illiberalism, climate change, digitalization, pandemics, and inequality—and considers the difficulties they pose for the experimentalist account of human rights advocacy. It argues that the experimentalist practice of human rights advocacy is reasonably resilient and adaptive, and that internal contestation from within the human rights movement as well as external critiques have already helped to catalyze reform and to push activists and advocates to think more innovatively about the changes needed to strengthen the ability of the movement to engage with these major challenges in the future. It concludes that in a turbulent era, rather than abandon human rights, we should redouble our efforts to bolster, renew, and reinvigorate a movement that has galvanized constituencies and communities around the globe to mobilize for a better world.


2020 ◽  
Vol 8 (2) ◽  
pp. 111-133
Author(s):  
Donald Kerwin

Executive Summary This research was conducted at the request of the International Catholic Migration Commission (ICMC) as part of a two-year special initiative entitled “The Future of Work, Labour After Laudato Sì.” 1 This article explores the future of work, international migration, and the intersection of the two at a time of rapid change, uncertainty, and disruption for migrants, laborers, and their families and communities. It draws on human rights principles, international law, and religious values, particularly from the Catholic tradition, to chart an ethical approach to the governance of these timeless phenomena. What does the future hold? Under one dystopian scenario, the future of work will be characterized by massive job loss due to automation, robotics, and artificial intelligence. Politicians and business leaders will characterize the resulting human displacement as an unavoidable “disruption” and byproduct of change. Euphemisms, however, will poorly mask the loss of livelihood, self-esteem, and a central marker of identity for countless persons, particularly the poor and vulnerable. Technological advances will decimate families, communities, and entire ways of life. For many, stable work will become a thing of the past, and technology an instrument of marginalization and discrimination. Algorithms will be used to “perpetuate gender bias” ( ILO 2019a , 35), pit workers against each other, and squeeze the maximum productivity from them for the minimum compensation. The “inappropriate use” and “weak governance” of algorithms will lead to “biases, errors and malicious acts” ( Albinson, Krishna, and Chu 2018 ). Large swaths of the world’s citizens will become (at best) the unhappy dependents of states and global elites. The future of migration seems equally daunting. Current trends suggest that the number of international migrants will continue to rise due to job displacement, violence, natural disaster, and states that cannot or will not meet their fundamental responsibilities. If the past is prologue, unscrupulous politicians and media sources will also continue to blame migrants for the economic and cultural displacement of their constituents, xenophobia will increase, and migrants will encounter hostility in host communities. Natives will criticize their governments and institutions for failing to protect their interests and needs, and migrant laborers will be caught in the middle. This article does not minimize the urgency of the challenges presented by migration and work. It documents the unacceptable living, working, and migration conditions of immense numbers of the world’s citizens. It offers, however, a more optimistic vision of the future than the dystopian view, a vision characterized by international cooperation and solidarity. It recognizes the potential of technology “to render labour superfluous, ultimately alienating workers and stunting their development,” but also its potential to “free workers from arduous labour; from dirt, drudgery, danger and deprivation” and “to reduce work-related stress and potential injuries” ( ILO 2019 , 43). It recognizes the way in which fear of displacement can lead to exclusionary nationalism and xenophobia, but also the possibility of unity based on the shared values embedded in the cultures of diverse persons. It recognizes the costs of migration, but also its immense contributions to host communities. The article argues for person-centered systems and policies that promote the freedom, rights, and dignity of workers, migrants, and migrant workers, and that strengthen migrant host communities. It begins by examining the challenges facing low-income and vulnerable migrants who struggle for decent work, are the most likely to lose their jobs, and are “the least equipped to seize new job opportunities” ( ILO 2019 , 18). 2 It then presents an ethical, person-centered vision of migration and work, rooted in human rights principles, international law, and Catholic social teaching. The article also draws on principles articulated in the Global Compact on Safe, Orderly and Regular Migration (GCM); the Global Compact on Refugees (GCR); and the Holy See’s Twenty Action Points for the Global Compacts. It ends with a series of recommendations that seek to bring this vision to fruition.


2014 ◽  
Vol 74 (5) ◽  
pp. 349-363
Author(s):  
Stefan Engert

Abstract How did the united Germany address the human rights violations of the communist dictatorship in Eastern Germany? This question is particularly intriguing as the process of accounting for the past was interrupted and postponed by the reunification with West-Germany. In spite of having made use of tribunals, lustrations, truth-commissions and reparations, two important reconciliation tools - political apologies and amnesties - have not been used during that time. As a consequence, the reconciliation of the former perpetrators and victims has remained incomplete.


2018 ◽  
Vol 9 (1) ◽  
pp. 153
Author(s):  
Viktor Yu. MELNIKOV ◽  
Yuri A. KOLESNIKOV ◽  
Alla V. KISELEVA ◽  
Bika B. DZHAMALOVA ◽  
Aleksandra I. NOVITSKAYA

Without understanding the past can be neither a viable present and no decent future. The appeal of the nation to its history – this is not an attempt to escape from the present and uncertainty about the future. This understanding of who we are, where we came from. Based on our experience, we can confidently move forward. Not happen in the Russian revolution, which way went the history of the world? Can we learn from the past to prevent another disaster? The lessons of history are there – they just need to be able to retrieve. The main lesson we can learn from what happened in 1917 – the need to value human life. Russia of the late XIX – early XX century was an incredible human potential.


2012 ◽  
Vol 9 (5) ◽  
pp. 553-564 ◽  
Author(s):  
Nicholas A. Jones ◽  
Stephan Parmentier ◽  
Elmar G.M. Weitekamp

Debates about serious human rights violations and international crimes committed in the past appear during times of political transition. New political elites are confronted with fundamental questions of how to seek truth, establish accountability for offenders, provide reparation to victims, promote reconciliation, deal with trauma and build trust. ‘Transitional’ or ‘post-conflict justice’ is most often managed by elites, national and international, while the views and expectations of the local populations are rarely taken into account. Population-based research can yield deep insights into strategies and mechanisms for dealing with the crimes of the past. This paper reports on the major findings of a study in Bosnia and on the factors that may contribute to trust and reconciliation in the country.


2003 ◽  
Vol 20 (1) ◽  
pp. 128-130
Author(s):  
John Boye Ejobowah

How should societies that have transitioned from authoritarian to democraticrule deal with the atrocities and gross human rights violations of theirimmediate past? Should those implicated in the crimes of past regimes beprosecuted? This sophisticated volume attempts to address such questions.About one-third of the book is comprised of well-reasoned theoreticalchapters that answer the above questions by creating a space in liberal justicefor forgiveness. The remainder consists of empirical contributions thatdescribe the ways in which international institutions and five countries(Chile, Guatemala, South Africa, Rwanda, and Northern Ireland) haveresponded to such crimes. Unlike the theoretical section, most contributionshere argue that while memory and forgiveness (the truth commissions) areimportant, they are not enough to meet the victims’ psychological needsand do not guarantee non-repetition. The introduction rightly acknowledgesthat some of the chapters argue in different directions.Doing justice in the aftermath of civil conflict is a thorny problem. In liberalism,criminal justice always has been straightforward: the courts, themouthpiece of objective law, have to mediate and impose punishment if theperpetrator is proven guilty. Punishment must consist of penalties that annulthe advantages seized by the criminal, compensate the victim in the case of ...


2021 ◽  
Author(s):  
Yasmin S

Over the past decades, transnational corporations have come under increasing public scrutiny for their involvement in human rights abuses, particularly in developing countries. One may think of violent acts against local communities, slave labor, and grand scale environmental pollution. International investment law protects and safeguards the rights of foreign investors but falls short of holding them accountable to societies where they operate. Recently, a few arbitral tribunals have grappled with the question of whether corporations can be held accountable for illegalities that constitute human rights violations inflicted upon the host state or its people. This article discusses the arbitral treatment of corporate human rights violations by investment tribunals in three treaty-based cases: Copper Mesa v. Ecuador, Burlington v. Ecuador and Urbaser v. Argentina and draws on recent scholarly work on causation in investor-state arbitration to evaluate their approaches.


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