Out of Eastern Europe

2015 ◽  
Vol 29 (2) ◽  
pp. 409-419 ◽  
Author(s):  
Jelena Subotić

What is the contribution of Eastern European scholarship to the study of human rights and transitional justice? This essay takes stock of the most significant empirical and theoretical contributions of the study of Eastern Europe, specifically the study of the difficult case of the former Yugoslavia, to the scholarship on transitional justice. I identify three main challenges the scholarship on the former Yugoslavia has presented to the larger field of transitional justice: the political challenge of multiple overlapping transitions, the inability of international institutions to effect domestic social change, and the dangers of politicization of past violence remembrance.

1992 ◽  
Vol 26 (2) ◽  
pp. 342-352 ◽  
Author(s):  
Darina Vasileva

The history of the emigration of Bulgarian Muslim Turks to Turkey is more than a century old. The violation of the human rights of ethnic Turks by the totalitarian regime during the 1980s resulted in the most massive and unpredictable migration wave ever seen in that history. This article examines the complexity of factors and motivations of the 1989 emigration which included almost half of the ethnic Turks living in Bulgaria and constituting until that time 9 percent of the total population. The author considers the strong and long-lasting effect of this emigration—followed by the subsequent return of half of the emigrants after the fall of the regime—both on Bulgaria's economy and on the political life of the society. The article aims also at providing a better understanding of the character of ethnic conflicts in posttotalitarian Eastern Europe.


Author(s):  
Besnik Pula

This chapter demonstrates how political factors determined the path of postsocialist development and international market specialization in the 2000s. International market roles of individual economies built upon the cumulative advantages in transnational production Central and Eastern European economies gained during their socialist experience, but it was the political challenge of turning cumulative advantage into a sustained comparative institutional advantage that brought important gains in the capital, technological and skill base of the economy that concerned the politics of reform in the 1990s and 2000s. It was here that the interplay between industrial restructuring and reform of other institutions of the political economy came to matter. The chapter examines these policy patterns to show the divergent specialization of Hungary and Slovakia into an assembly platform, Czech Republic and Slovenia into an intermediate producer, and Bulgaria, Poland, and Romania into combined roles.


1972 ◽  
Vol 13 (1) ◽  
pp. 36-44
Author(s):  
David Lane

Professor Bauman's article is certainly a welcome contribution to the analysis of state socialist societies. He succeeds in breaking away from the myopic Kremlinological study of individuals and he also conducts his argument on a comparative sociological plane transcending the Sovietologist's ideographic viewpoint. However, he may be criticised at many points: it is very doubtful whether the state under capitalism is as ‘autonomous’ an institution as Bauman suggests; distinctions should be made between the socialist states of Eastern Europe, for what may be true of Poland and Rumania may not be true of the Soviet Union; international relations, particularly those between the U.S.S.R. and Eastern Europe and between East and West, have important effects on the political culture and significantly restrict the possibilities for social change; the diachronic development of the societies under consideration needs to be given more prominence, for what may have been the case in Soviet Russia in 1920 or in Poland in 1948 may not be so for either society in 1971. Here, I shall have to leave on one side such general criticisms to concentrate on a number of specific points in Bauman's argument relating to stratification in Eastern Europe which seem to me to be debatable.


2016 ◽  
Vol 16 ◽  
pp. 31-50
Author(s):  
Martin Faix ◽  
Ondrej Svacek

This article addresses issues arising in the context of transition to democracy in Central and Eastern Europe, namely in Germany (former East Germany), Czech Republic, Slovakia and Hungary. The contribution reflects various means of transitional justice which were applied in these countries: access to the archives of secret police, lustration and prosecution of the crimes of the past (successor trials). Central issue of this article is the criminal prosecution of communist crimes. Here authors focus their attention on two interrelated aspects: choice of applicable law and statutory limitations, which both are linked to the principle of legality. Practice and methods in prosecution of the communist crimes adopted across the analyzed countries reveal considerable heterogeneity and from comparative perspective pose a unique legal laboratory. Despite differences in applicable law, including treatment and interpretation of statutory limitations, and differences in overall outcomes of prosecution and punishment of the communist crimes, all countries were conformed to requirements of the principle of legality. The article thus confirms that states, when dealing with their past, enjoy a wide margin of appreciation.Keywords:  Communist crimes. Central and Eastern Europe. Transitional justice. Successor trials. Nullum crimen sine lege.


Derecho PUCP ◽  
2020 ◽  
pp. 413-469
Author(s):  
Javier Alonso De Belaunde de Cárdenas

Alberto Fujimori, Peruvian ex-president and perpetrator of human rights violations, was released from prison due to a presidential pardon in 2017. He was also granted immunity from prosecution. Although the political branches and the majority of the population supported these measures, as shown by public opinion polls, within months domestic courts overturned them completely, relying on standards set by the Inter-American Court of Human Rights. This is the most unlikely result, comparatively. The article examines what could explain this pro human rights accountability behaviour in the judiciary. It argues that the outcome could be the product of two processes initialised during the Peruvian transition: Judicial empowerment (independence and power gains) and legal culture shift from positivism to neo-constitutionalism. Both are defined and analysed with reference to transitional justice and socio-legal studies scholarship. The article further seeks to identify the conditions under which Inter-American conventionality control doctrine could have a strong domestic impact.


2021 ◽  
Vol 31 ◽  
pp. 1-37
Author(s):  
Diana L. Wegner ◽  
Stephanie Lawless

In this paper we present a rhetorical genre analysis of the Missing and Murdered Indigenous Women and Girls (MMIWG) National Inquiry. We focus on the concepts of meta-genre and genre hybridity in the context of social change to explore the dynamics of the MMIWG Inquiry as an instantiation of the “truth commission” (TC). Following Giltrow (2002), we treat meta-genre as advice and criticism from genre participants about how a genre should be performed. We apply Gready’s analysis (2011) of the TC as a hybrid genre that has emerged in the context of transitional justice and post-modern governance: the hybrid incorporates three sub-genres: the state (public/national) inquiry, the human rights report, and the official history (rewritten and archived). Our goals are to examine what the concepts of meta-genre and genre hybridity offer to help explain the difficulties of national inquiries/truth commissions in general, and specifically to help illuminate the problematics of the MMIWG Inquiry. Our qualitative analysis focuses on public and media metageneric commentary on the MMIWG Inquiry, including the Commissioners’ responses, in both mainstream traditional media and social media. Our findings show that meta-generic commentary on the MMIWG Inquiry falls into five main categories or themes, each deriving from stakeholders’ expectations raised by the tributary genres.  By far, the most dominant theme is criticism of the Inquiry for its recolonizing legal framework: the ideology of colonialism that inhabits the TC’s state inquiry tributary genre is the object of significant meta-generic criticism. The other four recurrent themes are the perception that the Inquiry should be a criminal investigation, criticism of the Inquiry for its restriction to an “advisory” role only, calls for the inquiry to have a human rights framework, and the expectation that the inquiry is to facilitate meaningful reconciliation. We suggest that, as a recurring and constitutive feature of genre, and, as an arena of negotiation over how genre is to be performed, meta-genre can function as a kind of oversight and challenge that, as an index of social change, inhabits genre as a response to its own inertia. We also suggest that the TC genre creates genre confusion through its conflation of the widely divergent and broad exigences of its tributary genres. We conclude that, at the time of this writing, stakeholders’ diverse expectations, the TC’s problematic hybridity, and the MMIWG Inquiry’s colonizing, statist, legal framework constrain the impetus for change, rendering the Inquiry “truth-lite” (Gready, p. 50) and low impact, and affording only “thin reconciliation”.      


Author(s):  
Mayer-Rieckh Alexander ◽  
Duthie Roger

Principle 36 deals with institutional reform in the aftermath of human rights violations. It contains measures that focus on state institutions responsible for violations and seek to identify the causes of the violations. The measures aim to reform structures and systems that allowed, facilitated, or promoted violations, and have the potential to act as an enabling condition for other transitional justice mechanisms by weakening or removing institutional sources of opposition. This chapter first provides a contextual and historical background on Principle 36 before discussing its theoretical framework and practice. It also examines the shift in emphasis from purges, to vetting, to broader institutional reform; the influence of historical context in Latin America and Eastern Europe in particular on the articulation of the measures; and the emphasis on the preventive function of the measures.


Author(s):  
Cathie Carmichael

Between 1990 and 2010, the political map of the Balkans and Caucasus changed as Communist regimes collapsed and border disputes escalated. Some of the most bitter conflicts were in areas where there were mixed populations with large ‘minority’ populations that did not recognize potential changes in their borders (Russians in Chechnya or Serbs in Croatia, Bosnia, and Kosovo). Religious identities, heavily repressed during the Communist era, became a defining part of the rejection of that system. A revival of militant Islamism after the success of Ayatollah Khomeini in Iran in 1979 radicalized politics in both the Balkans and the Caucasus. In the former Yugoslavia, Serb nationalists claimed that they were fighting against Islamic encroachment, which became effectively a self-fulfilling prophecy after 11 September 2001. Successionists and politicians eager to redraw boundaries cynically exploited the idea of an ideological purpose and traditional identities under threat to motivate and legitimize armed resistance.


Author(s):  
Ivor Sokolić

This chapter examines the relationship between war and justice narratives in Croatia, based on focus groups, dyads, and interviews conducted in 2014 and 2015. The war narrative is based on a pervasive conception of self-defence against a larger Serbian aggressor. It contrasts with a justice narrative that is focused on the norms of transitional justice and the expressivist effects of trials. The two narratives exist in the same space and interact with each other. This chapter outlines these narratives and analyses their reproduction. It argues that the emotional war narrative’s strength makes it difficult for the justice narrative to take hold and, consequently, for the trickle-down expressivist effects of the International Criminal Tribunal for the former Yugoslavia (ICTY) and human rights norms to occur. This tolerance for deviance was based on notions of legality that were defined differently in relation to Croats and Serbs.


Author(s):  
M. E. Rustambekova ◽  
◽  
А.A. Ospanova ◽  

The article discusses the prerequisites for the collapse of the former Yugoslavia, which was the "center" of conflicts at the global level, in particular, the onset of religious, ethnic, political conflicts in the Balkans in the last decade of the twentieth century, chronological and geographical conflicts. Specific characteristics are differentiated. The article also examines the situation in which the socialist states of Eastern Europe gained independence from the collapse of the Soviet government in 1991-1992, in particular, in the economic sphere. The epochal systemic changes that followed the collapse of the USSR and Yugoslavia predetermined a radical change in political, social and spiritual orientations and expectations in society. At the same time, the historical consciousness of peoples (like no other sphere of public, including ethnic self-identification) was involved in general transformational processes, reflecting in its development the well-known inconsistency and inconsistency of the socio-political evolution of the former republics in recent decades.


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