scholarly journals Transitional Justice in South Africa and Brazil: Introducing a Gendered Approach to Reconciliation

2019 ◽  
Vol 6 (2) ◽  
pp. 82-107
Author(s):  
G. Nelaeva ◽  
N. Sidorova
Keyword(s):  
South Africa ◽  
Transitional Justice ◽  
Truth Commissions ◽  
General Question ◽  
Truth Telling ◽  
South African Society ◽  
Representation Of Women ◽  
The Past ◽  
Formal Procedure ◽  
Post War

The concept of transitional justice has been associated with the periods of political change when a country emerges from a war or turmoil and attempts to address the wrongdoings of the past. Among various instruments of transitional justice, truth commissions stand out as an example of a non-judicial form of addressing the crimes of the past. While their setup and operation can be criticized on different grounds, including excessive politization of hearings and the virtual impossibility of meaningfully assessing their impact, it has been widely acknowledged in the literature that the Truth and Reconciliation Commission in South Africa can be regarded as a success story due to its relatively strong mandate and widespread coverage and resonance it had in South African society. We would like to compare this commission from the 1990s with a more recent example, the Brazilian National Truth Commission, so as to be able to address the question of incorporation of gendered aspects in transitional justice (including examination of sexual violence cases, representation of women in truth-telling bodies, etc.), since gender often remains an overlooked and silenced aspect in such initiatives. Gendered narratives of transitional justice often do not fit into the wider narratives of post-war reconciliation. A more general question addressed in this research is whether the lack of formal procedure in truth commissions facilitates or hinders examination of sexual crimes in transitional settings.

Transitional Justice without Transition

2020 ◽  
pp. 397-446
Author(s):  
Beth Van Schaack
Keyword(s):  
Transitional Justice ◽  
Institutional Reform ◽  
International Community ◽  
Political Transition ◽  
Truth Commissions ◽  
Truth Telling ◽  
Historical Case ◽  
Reconstruction Process ◽  
History Of ◽  
Justice Process

The penultimate chapter offers a discussion of the prospects for a genuine transitional justice process in Syria. Chapter 10 begins with a short history of the development of the archetypal tools within the transitional justice toolkit—criminal accountability, truth commissions, reparations, amnesties, lustration, institutional reform, and guarantees of nonrecurrence—and the way in which transitional justice efforts have become increasingly internationalized. This enhanced involvement of the international community in promoting transitional justice reflects the belief—premised on historical case studies and emerging empirical research—that societies in transition must address the crimes of the past in some capacity or risk their repetition. The chapter surveys the most recent research testing these claims, which has benefited from the creation of a number of new databases gleaned from states in transition. The chapter then describes ways in which the international community has tried to prepare for a future transitional justice process in Syria even in the absence of a political transition, including by training Syrian advocates, surveying Syrian communities to understand their knowledge of transitional justice and preferences for Syria, promoting psychosocial rehabilitation and solidarity among victims, and preparing for truth-telling exercises and institutional reform measures. The conclusion suggests ways in which the international community could still promote some form of transitional justice as part of the reconstruction process, even if Assad remains in power, which seems increasingly likely.

Memory and Politics in Democratic Spain

2020 ◽  
pp. 46-61
Author(s):  
Omar G. Encarnación
Keyword(s):  
Civil War ◽  
Transitional Justice ◽  
Spanish Civil War ◽  
The Political ◽  
Truth Telling ◽  
Franco Regime ◽  
Political Class ◽  
Human Rights Abuses ◽  
The Past ◽  
The Right

This chapter explains the persistence of Spain’s ‘politics of forgetting’, a phenomenon revealed by the wilful intent to disremember the political memory of the violence of the Spanish Civil War and the human rights abuses of General Franco’s authoritarian regime. Looking beyond the traumas of the Civil War, the limits on transitional justice and truth-telling on the Franco regime imposed by a transition to democracy anchored on intra-elite pacts, and the conciliatory and forward-looking political culture that consolidated in the new democracy, this analysis emphasizes a decidedly less obvious explanation: the political uses of forgetting. Special attention is paid to how the absence of a reckoning with the past, protected politicians from both the right and the left from embarrassing and inconvenient political histories; facilitated the reinvention of the major political parties as democratic institutions; and lessened societal fears about repeating past historical mistakes. The conclusion of the chapter explains how the success of the current democratic regime, shifting public opinion about the past occasioned by greater awareness about the dark policies and legacies of the Franco regime, and generational change among Spain’s political class have in recent years diminished the political uses of forgetting. This, in turn, has allowed for a more honest treatment of the past in Spain’s public policies.

Macro/Micro Dynamics in South Africa: Why the Reconciliation Process Will Not Reduce Violence

2003 ◽  
Vol 1 (2) ◽  
pp. 6-20 ◽  
Author(s):  
Ingie Hovland
Keyword(s):  
South Africa ◽  
Transitional Justice ◽  
Local Level ◽  
Truth Commissions ◽  
Macro Level ◽  
Economic Policies ◽  
The People ◽  
Starting Point ◽  
Micro Level ◽  
Reconciliation Process

The reconciliation process in South Africa has been hailed as an astounding example of a non-violent transition to democracy, and its Truth and Reconciliation Commission (TRC) has subsequently served as the starting point for reflections on reconciliation, transitional justice and the possibility of truth commissions in other countries. This article suggests that it is necessary to examine South Africa's reconciliation process more critically, focusing on why it has not brought about a reduction in the high levels of violence. It is argued that the reconciliation process has failed in this respect - despite good intentions - because it has not managed to transform the macro/micro dynamic in South Africa, i.e. the interaction between macro-level divisions and micro-level tensions which have fed off each other throughout South Africa's history. Macro-level violence has included - and still includes - economic policies that generate wealth for a minority while perpetuating the production of poverty for the majority. Micro-level violence includes extremely high levels of violent incidents at an interpersonal and local level. The use of the concept ‘reconciliation’ in post-apartheid South Africa may in certain respects have served as opium for the people - opium that has enabled continued accommodation of the interaction between macro and micro-level violence in the country.

scholarly journals Transitional Justice and Reconciliation in the Western Balkans: Approaches, Impacts and Challenges

2021 ◽  
Author(s):  
Huma Haider
Keyword(s):  
Literature Review ◽  
Transitional Justice ◽  
Western Balkans ◽  
Meaningful Change ◽  
Truth Telling ◽  
Safe Spaces ◽  
The Past ◽  
Art And Culture ◽  
Alternative Sites ◽  
Modes Of Engagement

Countries in the Western Balkans have engaged in various transitional justice and reconciliation initiatives to address the legacy of the wars of the 1990s and the deep political and societal divisions that persist. There is growing consensus among scholars and practitioners that in order to foster meaningful change, transitional justice must extend beyond trials (the dominant international mechanism in the region) and be more firmly anchored in affected communities with alternative sites, safe spaces, and modes of engagement. This rapid literature review presents a sample of initiatives, spanning a range of sectors and fields – truth-telling, art and culture, memorialisation, dialogue and education – that have achieved a level of success in contributing to processes of reconciliation, most frequently at the community level. It draws primarily from recent studies, published in the past five years. Much of the literature available centres on Bosnia and Herzegovina (BiH), with some examples also drawn from Serbia, Kosovo and North Macedonia.

scholarly journals Burying the Past

2003 ◽  
Vol 20 (1) ◽  
pp. 128-130
Author(s):  
John Boye Ejobowah
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Criminal Justice ◽  
Northern Ireland ◽  
International Institutions ◽  
Civil Conflict ◽  
Truth Commissions ◽  
Human Rights Violations ◽  
The Past

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 ...

scholarly journals A Comparative Study of World’s Truth Commissions —From Madness to Hope

2017 ◽  
Vol 4 (3) ◽  
pp. 192
Author(s):  
Professor Bishnu Pathak
Keyword(s):  
South Africa ◽  
El Salvador ◽  
The Philippines ◽  
East Timor ◽  
Former Yugoslavia ◽  
Truth Commissions ◽  
Truth Commission ◽  
The Past ◽  
Public Hearings ◽  
The Government

<em>The objective of this paper is to explore the initiatives and practices of different countries in truth seeking. Many countries during the post-conflict, colonial, slavery, anarchical and cultural genocide periods establish the Truth Commissions to respond to the past human wrongdoings: crimes and crimes against humanity. Enforced Disappearances (ED), killings, rapes and inhumane tortures are wrongdoings. Truth Commission applies the method of recovering silences from the victims for structured testimonies. The paper is prepared based on the victim-centric approach. The purpose reveals the piecemeal fact-findings to heal the past, reconcile the present and protect the future. The study covers more than 50 Commissions in a chronological order: beginning from Uganda in 1974 and concluding to Nepal in February 2015. Two Commissions in Uruguay were formed to find-out enforced disappearances. Colombian and Rwandan Commissions have established permanent bodies. The Liberian TRC threatened the government to submit its findings to the ICC if the government failed to establish an international tribunal. The Commissions of Bolivia, Ecuador, Haiti, former Yugoslavia and Zimbabwe were disbanded, and consequently, their reports could not be produced. No public hearings were conducted in Argentina and former Yugoslavia. It is noted that only 8 public hearings in Ghana, 8 national hearings in East-Timor and 15 in Brazil were conducted. Moroccan Commission held public hearings after signing the bond paper for not to disclose the names of the perpetrators whereas Guatemala did not include the perpetrators’ names in the report. The Shining Path’s activists are serving sentences based on civil-anti-terrorist court, but Alberto Fujimori is convicted for 25 years. Chadian Commission worked even against illicit narcotics trafficking. The UN established its Commissions in Sierra Leon, El Salvador and East-Timor, but failed to restore normalcy in Kosovo. Haiti prosecuted 50 perpetrators whereas Guatemala prosecuted its former military dictator. The Philippines’ Commission had limited investigation jurisdiction over army, but treated the insurgents differently. In El Salvador, the State security forces were responsible for 85 percent and the non-state actors for 15 percent similar to CIEDP, Nepal. The TRCs of Argentina, East-Timor, Guatemala, Morocco, Peru and South Africa partially succeeded. Large numbers of victims have failed to register the complaints fearing of possible actions. All perpetrators were controversially granted amnesty despite the TRC recommendation in South Africa. The victims and people still blamed Mandela that he sold out black people’s struggle. Ironically, the perpetrators have received justice, but the victims are further victimized. As perpetrator-centric Government prioritizes cronyism, most of the Commissioners defend their respective institution and individuals. Besides, perpetrators influence Governments on the formation of Truth Commission for ‘forgetting the victims to forgive the perpetrators’. A commission is a Court-liked judicial and non-judicial processes body, but without binding authority except Sierra Leone. Transitional Justice body exists with a five-pillar policy: truth, justice, healing, prosecution and reparation. It has a long neglected history owing to anarchical roles of the perpetrators and weak-poor nature of the victims. Almost all TRCs worked in low budget, lack of officials, inadequate laws and regulations, insufficient infrastructures and constraints of moral supports including Liberia, Paraguay, Philippines, South Africa, Uganda and Nepal. The perpetrators controlled Governments ordered to destroy documents, evidences and testimonies in their chain of command that could have proven guilty to them.</em>

Collaboration, Complicity, and Historical Memory

2017 ◽  
Author(s):  
Cynthia M. Horne
Keyword(s):  
Civil Society ◽  
Transitional Justice ◽  
Social Trust ◽  
Historical Memory ◽  
Secret Police ◽  
Truth Telling ◽  
The Past ◽  
Shed Light

The widespread complicity evident in the post-communist cases complicates approaches to transitional justice because it lays some of the blame on society. Lustration procedures use information in secret police files to shed light on the past. Those files contain information documenting how neighbors, friends, co-workers, and even relatives might have informed on you. There is a potential for such revelations about the scope of the interpersonal and institutional betrayals to undermine social trust and civil society. This chapter explores the problems associated with complicity and transitional justice measures by examining the cases of Hungary, Romania, Poland, and Bulgaria. The cases highlight how historical memory is affected by negative revelations about the past. These cases illustrate how rising nostalgia can collide with truth telling, forcing the reconsideration and sometimes revision of historical memory.

Rule of Law, Security, and Transitional Justice in Fragile and Conflict-Affected Societies

2018 ◽  
Author(s):  
Anja Mihr ◽  
Chandra Sriram Lekha
Keyword(s):  
Rule Of Law ◽  
Transitional Justice ◽  
Truth Commissions ◽  
Law Reform ◽  
Security Sector ◽  
The Past ◽  
Post Conflict ◽  
Knowing That ◽  
The Many

States are expected to provide both security and justice for their citizens; one needs the other in order to work well. Yet when both are damaged or destroyed by war, state actors and outsiders alike tend to treat them as competing post-conflict priorities. Over the past twenty years, numerous processes have emerged to promote one or both, including “transitional justice”—from courts and truth commissions to community reconciliation—and programs to restore rule of law, reform the “security sector” (SSR) and disarm, demobilize, and reintegrate fighters into society (DDR). The many actors involved have just as many, sometimes competing, operational priorities, knowing that change is urgent, but necessarily long-term. This chapter examines the interaction of transitional justice, rule of law, SSR, and DDR, identifying key concepts, actors, processes, and challenges in pursuing change in each of these areas simultaneously.

In Pursuit of Policies of ‘Reconciliation’ from an Intransigent State: An Exercise in Folly?

2020 ◽  
Author(s):  
Shari Eppel
Keyword(s):  
Transitional Justice ◽  
State Violence ◽  
National Unity ◽  
Truth Telling ◽  
Reconciliation Commission ◽  
The Past ◽  
Power Base ◽  
History Of ◽  
Causes Of Violence ◽  
Peace And Reconciliation

Zimbabwe has had only one real transition of power, at independence in 1980. Since then, Zimbabwe has had a long history of (selectively) drawing lines through the past and of extreme political intolerance. The ruling party ZANU-PF has acted ruthlessly against any political opposition—first in the 1980s, when many thousands of civilians in the west of the country were massacred during the deployment of a special brigade, targeted at the support base of ZAPU, then the dominant political party in that region. Systematic repression and torture in this region led to the first semi-transition in 1987, with the Unity Accord. The uneasy peace was broken again in 2000, with the rise of the MDC, and once more violence was unleashed to ensure ZANU-PF retained its increasingly militarized power base. A government of national unity and a coup marked further semi-transitions. These multiple eras of state violence and semi-transitions have all been accompanied by calls for initiatives to promote ‘peace’ and ‘reconciliation’ as well as justice but official truth telling has proved elusive. However, the semi-transition resulting from the coup of November 2017 may have shifted the space to talk about the past: the constitutionally mandated National Peace and Reconciliation Commission finally achieved legislative backing in 2018, and may offer opportunities for transitional justice initiatives. Importantly, the underlying structural causes of violence and repression, dating back to colonial times, need to be addressed. Truth telling alone will not ensure a more tolerant future.

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.

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