scholarly journals “Death Does Not Rot”: Transitional Justice and Local “Truths” in the Aftermath of the War in Northern Uganda

2013 ◽  
Vol 48 (2) ◽  
pp. 25-50
Author(s):  
Barbara Meier

The article looks at the way Acholi in northern Uganda address war-related matters of “peace” and “justice” beyond the mainstream human rights discourse reflecting some of the basic concepts that are decisive for the way people deal with transitional and local justice. The relationality and the segmentary structure of Acholi society play major roles in categorising “peace” and “war” while being at odds with the globalised standards of human rights that have been brought into play by international agencies, civil society and church organisations as well as the Ugandan state. A major argument is that a one-dimensional understanding of the cosmological underpinnings of rituals as a locally embedded tool of transitional justice (TJ) has an impact on the failure of TJ in northern Uganda. Thus the article highlights the specific cultural dilemmas in which the process of peace currently appears to be stuck.

Author(s):  
Caroline Davidson

Abstract This article explores a pair of powerful but competing symbols in the Chilean human transitional justice process: ‘pobres viejitos’ (poor little old men) and country club prisons. The symbol of the ‘pobres viejitos’ is used very effectively by conservative elements of Chilean society to argue the futility or even inhumanity of punishing perpetrators of human right violations so long after the commission of their crimes. In turn, to victims and more liberal segments of society, the country club or ‘five star’ prison for human rights violators stands as a symbol of impunity and the failure of the Chilean state to do justice for the crimes of the dictatorship. This article examines the power of these symbols in undermining support for transitional justice efforts, as well as the externalities of the debate. The fate of the ‘pobres viejitos’ and whether to release the from even their relatively comfortable places of confinement has bled into debates on penal reform for other elderly prisoners. This mostly negative externality suggests the need for international and regional courts (or countries not in the throes of transitional justice processes, particularly delayed ones) to lead the way on the articulation of human rights norms related to the trial and punishment of elderly prisoners.


2021 ◽  
Author(s):  
◽  
Hannah Mackintosh

<p>In this study, I consider how the universal concept of human rights is being engaged with and interpreted by Māori communities in Aotearoa/New Zealand. The rights of indigenous peoples have recently been formally defined within United Nations forums and cemented in the United Nations Declaration on the Rights of Indigenous Peoples. This research argues that the indigenous rights movement indicates a shift in many of the debates that have dominated the global rights rhetoric to a more evolutionary concept of human rights. It suggests that engaging with these debates has the potential to open up new dialogue within the human rights discourse for alternative ways of considering human rights at the global level. This will impact the way that rights-based approaches to development are implemented, engaged with and utilised at the local level. However, currently little is known about the ways in which indigenous communities are using human rights at the local level. This work focuses on a successful rights-based community development programme as a case study. Through this exploration, I consider the levels of empowerment and the positive impacts that resulted from increased knowledge of human rights in the region. I further present some of the principles inherent in the successful application of a rights-based development project. From a methodological perspective, it provides an exploration into the way that research involving indigenous communities is conducted. As a Pākehā researcher working with Māori communities I had to take extra care to ensure that this research had an ethically sound methodological foundation. Taking a critical perspective, I consider some of the political and social implications of being a non-indigenous researcher working with indigenous communities. This work illustrates that highly ethical, critical methodological approaches are essential to any development work. Overall, the research proposes that Māori concepts of human rights are placed within a distinct cultural framework. Human rights are understood and given meaning through Kaupapa Māori, tikanga and whakapapa. They are also framed within the experiences of a colonial history. This research provides an example of how this universal framework is localised to fit particular historical, local and cultural contexts increasing its potential to be a tool for positive social change. It provides a conceptual, methodological and practical inquiry into rights-based approaches as a way of delivering development.</p>


2019 ◽  
Vol 101 (910) ◽  
pp. 97-124
Author(s):  
Jill Stockwell

AbstractWhile the dominant human rights discourse on transitional justice constitutes a mix of reinforcing aims that seek to “make peace with” a violent past, this article complicates this notion by exploring how affective memories can prevent individuals from envisioning a future for themselves in which their individual and their nation's past is safely left behind. In the context of ongoing debates over whether to remember or forget a country's traumatic past, the article will show how affective memories of violence and disappearance prevail and disrupt the reconciliation paradigm, and need to be taken into account in transitional justice processes.


2021 ◽  
pp. 245-250
Author(s):  
Johanna Bond

Intersectionality has changed the way we think about human rights. It offers a complex, comprehensive, and nuanced approach that redounds to the benefit of victims seeking redress. It allows victims to articulate the multiple and intersecting forms of subordination that have negatively affected their lives. Intersectionality rejects the anemic and siloed approach to human rights that invariably fails to capture and remedy the complex, intersectional violations that characterize the lived experience of subordination for many people. Intersectionality has positively influenced human rights discourse ranging from the UN human rights treaty bodies to local human rights organizations that have incorporated the theory into their organizational missions. The theory is gaining ground in international human rights discourse, and it will continue to transform and expand our vision of appropriate remedies for human rights violations. Only by more accurately conceiving of intersectional human rights violations can we hope to provide meaningful and comprehensive remedies to those who have experienced violations of their rights.


2012 ◽  
Vol 8 (2) ◽  
pp. 231-252 ◽  
Author(s):  
Hadas Tagari

AbstractThis article analyses the structures and substances of personal systems of family law based on religious affiliation within their social, political and historical contexts, and explores the varied ways in which they implicate the human rights of those governed by these systems, and the way international law and jurisprudence of human rights respond to these challenges. This analysis suggests that looking at the specific manifestations of personal family law systems in concrete contexts illuminates significant human rights implications which have not received sufficient attention in mainstream human rights discourse, for various legal, cultural and political reasons. The contexts which this article will draw on are personal family law systems in Israel, India, Lebanon and Morocco, which comprise a varied sample of family law structures and legal, cultural, social and political contexts.


2020 ◽  
pp. 686-710
Author(s):  
Angela Santamaria ◽  
Monica Acosta ◽  
Mauricio Alejandro Fernandez

Transitional justice and its range of mechanisms and goals appear to be an important debate about how to deal with past human rights abuses in transition societies or post conflicts. Because of the Peace and Justice Law 975 of 2005 and the actual Colombian scenario of a peace process between the Colombian state and FARC, the analysis of this kind of “justice” and the indigenous jurisdiction appear to be a complex subject in Colombia. The authors would like to discuss, the different uses of international and national laws concerning Indigenous peoples in Colombia, as a social process of complex interactions involving different types of agents (State actors, NGOs, international organizations, indigenous organizations, lawyers, etc.). In addition, it will be important to discuss how the transitional justice framework in Colombia brings up some incongruence to coordinate and apply concepts accordingly to the indigenous jurisdiction, drawing on four case studies and ethnographical work dealing with the international production of customary law.


Author(s):  
Angela Santamaria ◽  
Monica Acosta ◽  
Mauricio Alejandro Fernandez

Transitional justice and its range of mechanisms and goals appear to be an important debate about how to deal with past human rights abuses in transition societies or post conflicts. Because of the Peace and Justice Law 975 of 2005 and the actual Colombian scenario of a peace process between the Colombian state and FARC, the analysis of this kind of “justice” and the indigenous jurisdiction appear to be a complex subject in Colombia. The authors would like to discuss, the different uses of international and national laws concerning Indigenous peoples in Colombia, as a social process of complex interactions involving different types of agents (State actors, NGOs, international organizations, indigenous organizations, lawyers, etc.). In addition, it will be important to discuss how the transitional justice framework in Colombia brings up some incongruence to coordinate and apply concepts accordingly to the indigenous jurisdiction, drawing on four case studies and ethnographical work dealing with the international production of customary law.


2019 ◽  
Vol 7 (1) ◽  
pp. 372-405
Author(s):  
Oksana Myshlovska

This article studies the way in which the crimes of the communist regime have been dealt with since the late Soviet period, and the way the legacies of the Organization of Ukrainian Nationalists (OUN) and the Ukrainian Insurgent Army (UPA) have been subject to reevaluation. During the Soviet period, policies such as the rehabilitation of victims of mass repression were initiated from above, while the documentation of human rights violations and revelations of mass repressions and death by hunger were undertaken by the dissident movement from below. Since the late perestroika period, the focus on the crimes of the communist regime has been used by the opposition in Ukraine in the struggle for the restitution of group rights. Affirmative action concerning the Ukrainian language, culture and history was seen as the restoration of historical justice. This resulted most recently in the adoption of so-called ‘decommunization’ laws, which has been a controversial and contested issue in Ukraine. The article discusses the factors that shaped the way Ukraine has handled the communist past and constructed new narratives, and reflects on the reason why a ‘politics of regret’ has not resonated yet with political actors involved in the state legitimization struggle.


2019 ◽  
Vol 18 (1) ◽  
pp. 161-184 ◽  
Author(s):  
Genevieve Bates ◽  
Ipek Cinar ◽  
Monika Nalepa

In an era of democratic backsliding, scholars and policymakers wonder if failure to reckon with former authoritarian elites and their collaborators plays a role. Yet without adequate data on the way former autocracies and countries emerging from conflict deal with human rights violators, it is hard to tell if new democracies are unstable because of their failure to reckon with their former authoritarian elites or despite it. We introduce a dataset of personnel transitional justice events that allows scholars to answer such questions, disaggregating these events temporally from the date of a country’s democratization. The time series nature of our data allows scholars to measure key characteristics of states’ dealing with their past and complements existing transitional justice datasets by focusing not only on post-conflict societies and not only on post-authoritarian societies, but on both. To showcase the possibilities our data affords scholars, we use it to develop three novel measures of personnel transitional justice: severity, urgency, and volatility. The granular structure of our data allows researchers to construct additional measures depending on their theoretical questions of interest. We illustrate the use of severity of transitional justice in a regression that also employs data from the Varieties of Democracy project.


Sign in / Sign up

Export Citation Format

Share Document