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.

The Resilient Constitution

2021 ◽  
pp. 277-309
Author(s):  
David Dyzenhaus ◽  
Alma Diamond
Keyword(s):  
South Africa ◽  
South African ◽  
Transitional Justice ◽  
Comparative Approach ◽  
Constitutional Court ◽  
Extreme Pressure ◽  
The Face ◽  
Justice Process ◽  
The One

This chapter evaluates the so called 'transitional constitution' of South Africa and the 'permanent constitution' of Colombia. Through a comparative approach, it contends that constitutions are better understood in terms of their resilience rather than either being transitional or permanent, and that a 'resilient constitution' is the one capable of springing back even after being subjected to extreme pressure, as long as leaders maintain their commitment to governing within the limits of the law. In this sense, the differences between the Colombian transitional justice and the South African case do not stem primarily from the 'permanence' of its Constitution, but rather from the difficulties and tensions inherent to any transitional justice process, because it derives from some of the very rights it is designed to promote. The chapter then details how the jurisprudence of the Colombian Constitutional Court on transitional matters can be understood as having moved from an understanding of the Constitution as permanent, to one of resilience that does not represent a new power grabbed by the Court. Rather than that, it signals an understanding of the role of the Court in maintaining a constitutional order even in the face of existential threats to it.

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.

Beyond Foot-Dragging: A Reflection on the Reluctance of South Africa’s National Prosecution Authority to Prosecute Apartheid Crimes in Post-Transitional Justice

Obiter ◽  
2020 ◽  
Vol 41 (1) ◽  
pp. 63-77
Author(s):  
Konanani Happy Raligilia
Keyword(s):  
South Africa ◽  
Transitional Justice ◽  
United Nations Security Council ◽  
Final Report ◽  
Party Government ◽  
International Attention ◽  
Justice Process ◽  
Democratic Rule ◽  
The Impact ◽  
Economic Crimes

To this day, apartheid is still regarded as one of the most heinous crimes to have affected humankind. The brutality of the apartheid system and its impact not only left devastating effects in the minds of the black majority who were affected by the system, but also drew international attention. This prompted the United Nations Security Council to pass drastic resolutions to try and end the apartheid system. It is important to highlight that apartheid crime was committed at the behest of the-then National Party government at the expense of the black majority. The attainment of democratic rule in 1994 also saw the emergence of the need for transitional justice. However, after 25 years of foot-dragging, the National Prosecution Authority in South Africa has still not been fully committed to prosecute apartheid atrocities. This article examines the crime of apartheid and the impact of the transitional justice process in South Africa. The article further reflects on the National Prosecution Authority’s reluctance to prosecute crimes of apartheid and examines the final report of the People’s Tribunal on Economic Crimes in South Africa.

Working Our Way Out of Privilege: Lessons from South Africa on Preparing White Americans for a National Transitional Justice Process

2019 ◽  
Vol 47 (1) ◽  
pp. 61-82
Author(s):  
Susan Wysor Nguema
Keyword(s):  
United States ◽  
South Africa ◽  
Social Workers ◽  
South African ◽  
Transitional Justice ◽  
The United States ◽  
White Americans ◽  
Black South African ◽  
Confidence Levels ◽  
Justice Process

This study utilized difference-in-differences analysis to determine likelihood of confidence in four major public institutions over three periods of time in South Africa and the United States, two prior to South Africa’s transitional justice process and one after.  Results indicate that Black South African confidence rose while White South African confidence dropped drastically.  American confidence levels, for both races, remained relatively consistent over all three time periods.  The drastic drop in White South African likelihood of confidence points to possible feelings of loss related to power and privilege.  These results provide insight for social workers interested in addressing racial injustice in the United States, particularly for White social workers seeking to prepare White individuals for what a transitional justice process may look like and the resulting feelings of loss from the creation of a more equitable state.

Post-Genocide Justice in Rwanda

2020 ◽  
Vol 22 (1-4) ◽  
pp. 247-262
Author(s):  
M.A. Drumbl
Keyword(s):  
South Africa ◽  
Transitional Justice ◽  
Criminal Responsibility ◽  
Vast Number ◽  
Rwandan Genocide ◽  
Truth And Reconciliation ◽  
National Courts ◽  
Justice Process ◽  
Reconciliation Process

The Rwandan genocide triggered a vast number of criminal and quasi-criminal prosecutions. Rwanda therefore constitutes an example of a robust and rapid implementation of criminal accountability for atrocity. Rwanda, moreover, departed from other countries – such as South Africa – by eschewing a truth and reconciliation process as part of a transitional justice process. This chapter unpacks three levels of judicialization that promoted criminal responsibility for atrocity in Rwanda: the ICTR, specialized chambers of national courts, and gacaca proceedings. The ICTR indicted roughly 90 individuals, the national courts convicted in the area of 10,000 defendants (with some proceedings remaining ongoing), while approximately one million individuals proceeded through gacaca. The ICTR and gacaca proceedings have been concluded for several years already. This article summarizes these proceedings, discusses the outcomes and assesses their impact. In addition, this article examines how these three layers of judicialization interfaced with each other.

Invasive Shot Hole Borers Euwallacea fornicatus, E. kuroshio, and E. perbrevis (Coleoptera: Curculionidae: Scolytinae)

EDIS ◽  
2020 ◽  
Vol 2020 (1) ◽  
pp. 7
Author(s):  
Demian F. Gomez ◽  
Jiri Hulcr ◽  
Daniel Carrillo
Keyword(s):  
South Africa ◽  
Invasive Species ◽  
Prevention And Control ◽  
Economic Impacts ◽  
Forest Resources ◽  
Economic Damage ◽  
Ambrosia Beetles ◽  
Invasive Insects ◽  
The World ◽  
And Control

Invasive species, those that are nonnative and cause economic damage, are one of the main threats to ecosystems around the world. Ambrosia beetles are some of the most common invasive insects. Currently, severe economic impacts have been increasingly reported for all the invasive shot hole borers in South Africa, California, Israel, and throughout Asia. This 7-page fact sheet written by Demian F. Gomez, Jiri Hulcr, and Daniel Carrillo and published by the School of Forest Resources and Conservation describes shot hole borers and their biology and hosts and lists some strategies for prevention and control of these pests. http://edis.ifas.ufl.edu/fr422

The World Economic Forum Principles on "Climate Governance on Corporate Boards": can soft law help to face climate change around the world?

2020 ◽  
pp. 37-55
Author(s):  
Sabrina Bruno
Keyword(s):  
Climate Change ◽  
South Africa ◽  
Comparative Analysis ◽  
Boards Of Directors ◽  
Soft Law ◽  
Corporate Boards ◽  
World Economic Forum ◽  
Financial Factor ◽  
The World ◽  
World Economic

Climate change is a financial factor that carries with it risks and opportunities for companies. To support boards of directors of companies belonging to all jurisdictions, the World Economic Forum issued in January 2019 eight Principlescontaining both theoretical and practical provisions on: climate accountability, competence, governance, management, disclosure and dialogue. The paper analyses each Principle to understand scope and managerial consequences for boards and to evaluate whether the legal distinctions, among the various jurisdictions, may undermine the application of the Principles or, by contrast, despite the differences the Principles may be a useful and effective guidance to drive boards' of directors' conduct around the world in handling climate change challenges. Five jurisdictions are taken into consideration for this comparative analysis: Europe (and UK), US, Australia, South Africa and Canada. The conclusion is that the WEF Principles, as soft law, is the best possible instrument to address boards of directors of worldwide companies, harmonise their conduct and effectively help facing such global emergency.

Social Design for Services Framework

2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Melanie SARANTOU ◽  
Satu MIETTINEN
Keyword(s):  
South Africa ◽  
Sustainable Development ◽  
Research Group ◽  
Design Research ◽  
Service Design ◽  
Social Design ◽  
Practical Action ◽  
The Social ◽  
The World

This paper addresses the fields of social and service design in development contexts, practice-based and constructive design research. A framework for social design for services will be explored through the survey of existing literature, specifically by drawing on eight doctoral theses that were produced by the World Design research group. The work of World Design researcher-designers was guided by a strong ethos of social and service design for development in marginalised communities. The paper also draws on a case study in Namibia and South Africa titled ‘My Dream World’. This case study presents a good example of how the social design for services framework functions in practice during experimentation and research in the field. The social design for services framework transfers the World Design group’s research results into practical action, providing a tool for the facilitation of design and research processes for sustainable development in marginal contexts.

International Listening Post report summary: the world at the dawn of 2019

2019 ◽  
Vol 19 (1) ◽  
pp. 121-124
Author(s):  
Sandy Henderson ◽  
Ulrike Beland ◽  
Dimitrios Vonofakos
Keyword(s):  
South Africa ◽  
Faroe Islands ◽  
The South ◽  
The World ◽  
The Uk

On or around 9 January 2019, twenty-two Listening Posts were conducted in nineteen countries: Canada, Chile, Denmark, Faroe Islands, Finland, Germany (Frankfurt and Berlin), Hungary, India, Ireland, Israel, Italy (two in Milan and one in the South), Peru, Serbia, South Africa, Spain, Sweden, Taiwan, Turkey, and the UK. This report synthesises the reports of those Listening Posts and organises the data yielded by them into common themes and patterns.

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