Undermining Justice: The Political Framing of Actors in the Independent Assessment Process

2021 ◽  
pp. e20200051
Author(s):  
Sidey Deska-Gauthier ◽  
Leah Levac ◽  
Cindy Hanson

This article presents findings from a critical discourse analysis of House of Commons debates about the Independent Assessment Process (IAP), an out-of-court compensatory adjudication process intended to resolve claims of sexual and physical abuse that occurred at Indian Residential Schools and one of five key elements of the Indian Residential School Settlement Agreement. Our analysis is guided by the question: What do elected officials’ discussions about the IAP reveal about the implementation of compensatory transitional justice mechanisms in settler colonial states, and about colonial relations (specifically attempts at reconciliation) more generally? Our study focuses on debates that took place between 2004 and 2019. We explored elected officials’ framing of both Survivors and the Canadian State in their discussions about the IAP. Our analysis reveals the limited reach of dialogue based in a partisan and antagonistic context and supports those scholars who assert that transitional justice is incompatible with reconciliation and decolonization. By way of contributing to the larger interdisciplinary study entitled Reconciling Perspectives and Building Public Memory: Learning from the Independent Assessment Process, of which this article is part, we reflect on what our findings mean not only for public memory but also for studying the IAP moving forward.

2021 ◽  
Vol 3 (1) ◽  
pp. 157-170
Author(s):  
Afsheen Ekhteyar ◽  
Dr.Tariq Umrani

The purpose of the study is to scrutinize critically the ideological constructions and discursive features used in Pakistani print media representing economical phenomenon of CPEC. This research has elucidated the ideology through critical discourse analysis (CDA) of the leading English newspapers of a good repute: However, the similar news from the different newspapers as depicted in the various forms that are all ideologically disputed in this perspective including Daily Dawn and The News HE NEWS. These articles on CPEC, the most prevailing economic subject in Pakistan as published during the year 2016-17, have been purposefully selected for this study. Transitivity analysis as an analytical tool has been applied for the analysis of such the articles. By applying Halliday's transitivity system, hence; the study attempts to show how the use of linguistic signals can demonstrate the characteristics and techniques used in Pakistani print media for representing CPEC. Further, this study is comparative in nature, and compares the language used in both the English newspapers for representing CPEC. The findings indicate that CPEC has been presented as an economical subject of national worth in both the newspapers that implies a meaning of PRO-CPEC ideology. The current study is the significant in its originality as it is interdisciplinary study, and its findings are not in line with the exist in literature on media conflict.


2019 ◽  
Author(s):  
Maegan Hough

Born out of the Indian Residential Schools Settlement Agreement, the Independent Assessment Process is a program that provides monetary compensation to former students who suffered sexual and physical abuse at Indian Residential Schools. As “Canada’s Representative” during hearings of the Independent Assessment Process, this author, a young lawyer at the time, bore witness to grizzly accounts of acts perpetrated against claimants that left her unsettled. Unsettled by what was heard, yes, but also in her observations that the process did not satisfy the needs of all claimants, nor did it engage with her own sense of responsibility as a non-Indigenous Canadian. The author weaves together her experiences and observations as “Canada’s Representative” to explore intergenerational justice in a Canadian setting, and what processes might offer a more complete approach in handling the Indian Residential Schools legacy. First, shecanvasses the existing framework of dispute settlement in the context of Indian Residential Schools, namely criminal, tort, and alternative dispute resolution mechanisms. While pointing out the strengths these mechanisms do have to address some of the harms of Indian Residential Schools, she ultimately suggests their inherent legal limitations make them inadequate tools to provide redress to victims and engage society more broadly. The author goes on to define transitional justice, set out its established tenets and themes, and begins to map out a Canadian application of these principles to the Indian Residential Schools policy by drawing on examples from Australia, New Zealand, and the United States. These principles take shape as innovative instruments for advancing the goals of reconciliation and of Canadian society. They are not without their own flaws, however, as the author also points out, that may affect how Canadians—in particular, non-Indigenous Canadians—view their legitimacy. Lastly, the author analyzes prevailing views of societal responsibility to provide a normative underpinning for intergenerational justice in a Canadian context. She concludes by advocating Canadians move from a stance of guilt and blame toward one of a broad assumption of responsibility as they continue to grapple with the legacy of Indian Residential Schools.


Author(s):  
Amal Adel Abdrabo

Pierre Nora once said, “We speak so much of memory because there is so little of it left.” Does it mean that we need to document memory so not to lose the truth? What is the ‘T'ruth? And from which perspective? Based on the Lebanese case, could films be one of the mechanisms used to achieve transitional justice? The author of this chapter depends on both Pierre Nora's perception of sites and place of memory along with Maurice Halbwachs' theory on collective memory in order to understand whether documenting the traumatic events is considered as an applicable mechanism to achieve justice within countries that struggle to accomplish national reconciliation? The methodological approach relies on visual critical discourse analysis combining Paul Ricoeur's hermeneutic approach and Norman Fairclough's perception of dialectic of discourse.


2020 ◽  
Vol 23 (1) ◽  
pp. 84-101
Author(s):  
Rong-Xuan Chu ◽  
Chih-Tung Huang

In 2016, Taiwan’s President Tsai Ing-wen officially apologised to the island’s indigenous peoples. This national apology not only plays a persuasive role in informing the general public about the historical wrongdoings inflicted on the Taiwanese aborigines, but also constitutes a therapeutic and restorative role in the process of reconciliation with the indigenous victims. This article provides a critical discourse analysis of President Tsai’s apology. In particular, it examines the power and ideology embedded in both the speech and the related ceremony, and is supplemented with extracts from interviews with a cross-section of key stakeholders, such as a former Constitutional/Supreme Court Justice, indigenous/tribal leaders and members/staff/advisers from the Presidential Office Indigenous Historical Justice and Transitional Justice Committee. The analysis reveals that, despite President Tsai’s apology and reconciliation policies, instead of facilitating reconciliation, the apology appears to exacerbate the long-standing latent tension between indigenous and non-indigenous groups. While the apology opens a window for reconciliation, a higher level of commitment is required to promote structural and systemic changes, such as land restitution, before the apology can be deemed adequate.


2020 ◽  
Vol 7 (1) ◽  
pp. 6
Author(s):  
Yan Reiza Permana

This study was concerned on the way the author explores the hidden meaning and message in semiotics signification of President Jokowi cartoons in Jakarta Post e-paper. The writer focused on five cartoons of President Jokowi published by Jakarta Post e-paper and wanted to know about the hidden meaning and message that tried to convey by the Jakarta Post e-paper. Furthermore, this research covered an interdisciplinary study that scopes semiotics and Critical Discourse Analysis (CDA, in which the researcher tried to unhook the messages and explain the linguistic means of that construct the hidden message and ideology of the cartoons. In conducting the research, the researcher used Peirce's semiotic and Van Dijk's ideological square model. The researcher used purposive sampling in taking data. The total of the data analyzed was five cartoons. From the analysis, the message conveyed in the first cartoon criticizes to President Jokowi’s decision which is rated as indifference. The second cartoon also criticizes President Jokowi rated as pretend to against china's exploration. Furthermore, the third cartoon criticizes President Jokowi controlled by some political parties. Meanwhile, the fourth cartoon criticizes President Jokowi as a President uneasily defeated in a political term, but ignoring the humanity, and the last cartoon criticizes about President Jokowi and Prabowo similarities with previous President in terms of attitudes. The researcher also got the linguistic as means of used to convey the message such as the choice of a figure of speech.


2017 ◽  
Vol 39 (1) ◽  
pp. 24-28 ◽  
Author(s):  
Jaymelee J. Kim

The dissonance between local and global transitional justice imperatives has been the source of interdisciplinary debate with scholars highlighting the tensions between theory and practice. While researchers such as Sally Merry have discussed the human rights practitioner as a translator between global international human rights norms and local cultural understandings, little has been said regarding the potential for anthropologists to translate transitional justice between the state and survivors. This article demonstrates the need for applied anthropology in transitional justice models, illustrated with data drawn from the Canadian national transitional justice context. In this project, ethnographic data gathered from 2011–2014 is used to analyze the independent assessment process, or monetary reparations process. Using this example, I demonstrate a need for anthropological “translators” who can assess need, evaluate risk, and utilize a participatory action approach in transitional justice development.


2019 ◽  
Vol 16 (3) ◽  
pp. 429-439
Author(s):  
Kamber Güler

Discourses are mostly used by the elites as a means of controlling public discourse and hence, the public mind. In this way, they try to legitimate their ideology, values and norms in the society, which may result in social power abuse, dominance or inequality. The role of a critical discourse analyst is to understand and expose such abuses and inequalities. To this end, this paper is aimed at understanding and exposing the discursive construction of an anti-immigration Europe by the elites in the European Parliament (EP), through the example of Kristina Winberg, a member of the Sweden Democrats political party in Sweden and the political group of Europe of Freedom and Direct Democracy in the EP. In the theoretical and methodological framework, the premises and strategies of van Dijk’s socio-cognitive approach of critical discourse analysis make it possible to achieve the aim of the paper.


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