Retaliation in Transitional Justice Scenarios

2019 ◽  
pp. 511-527
Author(s):  
Gustavo Rojas Paez
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
State Violence ◽  
The State ◽  
Human Rights Violations ◽  
South American ◽  
Social Harm ◽  
Transitional Societies

This chapter discusses the role of retaliation in the Transitional Justice Scenarios of Argentina and Colombia, drawing attention to the continuation of state violence and human rights violations in these two South American countries following the implementation of legal and non- legal mechanisms of TJ. Subsequently, it attempts to demonstrate how the implementation of TJ mechanisms may fall short in preventing cycles of violence that allow powerful actors, linked to the interests of the state, to continue performing the retaliatory practices that historically caused major ‘social harm' in the transitional societies . The rationale of this article consists of two central questions: How can transitional societies deal with both the legacy and reconfiguration of state violence? Moreover, to what extent do orthodox understandings of law and TJ serve as a means for the recreation of the retaliatory practices that shaped the conflicts that TJ measures are supposed to address?

Retaliation in Transitional Justice Scenarios

2016 ◽  
pp. 315-331
Author(s):  
Gustavo Rojas Paez
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
State Violence ◽  
The State ◽  
Human Rights Violations ◽  
South American ◽  
Social Harm ◽  
Transitional Societies

This chapter discusses the role of retaliation in the Transitional Justice Scenarios of Argentina and Colombia, drawing attention to the continuation of state violence and human rights violations in these two South American countries following the implementation of legal and non- legal mechanisms of TJ. Subsequently, it attempts to demonstrate how the implementation of TJ mechanisms may fall short in preventing cycles of violence that allow powerful actors, linked to the interests of the state, to continue performing the retaliatory practices that historically caused major ‘social harm' in the transitional societies . The rationale of this article consists of two central questions: How can transitional societies deal with both the legacy and reconfiguration of state violence? Moreover, to what extent do orthodox understandings of law and TJ serve as a means for the recreation of the retaliatory practices that shaped the conflicts that TJ measures are supposed to address?

scholarly journals Can positive obligations of States serve as a remedy for human rights violations committed by juristic persons?

2018 ◽  
Vol 19 (1) ◽  
pp. 45-60
Author(s):  
Pavel Ondrejek
Keyword(s):  
Human Rights ◽  
Major Change ◽  
Case Law ◽  
The State ◽  
Fundamental Rights ◽  
Human Rights Violations ◽  
Legal Doctrine ◽  
Role Of The State ◽  
The Relationship

Abstract: Positive obligations of States to protect and implement human rights are considered a part of various effects of human rights in legislations. In this article, it is argued that a crucial problem arises from the inconsistent practice of addressing violations of human rights committed by juristic persons together with a lack of underlying general theory of liability for human rights violations committed by private entities. Without a major change in the legal doctrine and case-law, we will need to remain focused on the role of the State as a guarantor of human rights, rather than on the imposition of human rights obligations on private-law entities. In this article, it is argued that the nature of the relationship between a juristic person and the State is not the only relevant aspect, as we should also examine the activity of the juristic person in question.Keywords: Positive obligations of States. Juristic persons. State-juristic person nexus. Fundamental rights. Horizontal effect.Resumo: Obrigações estatais positivas de proteger e de implementar direitos humanos são parte dos vários efeitos dos direitos humanos nas legislações nacionais. Neste artigo, argumenta-se que um problema crucial decorre da prática de abordar violações de direitos humanos cometidas por pessoas jurídicas sem uma teoria geral da responsabilidade por violações de direitos humanos cometidas por entidades privadas. Sem uma mudança importante na doutrina e na jurisprudência será preciso permanecer olhando apenas para o papel do Estado como garantidor de direitos humanos. Neste artigo argumenta-se que a natureza da relação entre uma pessoa jurídica e o Estado não é o único aspecto relevante. É preciso examinar também a atividade da pessoa jurídica em questão.Palavras-chave: Obrigações positivas dos Estados. Pessoas jurídicas.

scholarly journals The Facets of Transitional Justice and 'Red Terror' Mass Trials of Derg Officials in Post-1991 Ethiopia: Reassessing its Achievements and Pitfalls

2021 ◽  
Vol 4 (2) ◽  
Author(s):  
Kinkino Kia Legide
Keyword(s):  
Human Rights ◽  
Cold War ◽  
Transitional Justice ◽  
Critical Review ◽  
The State ◽  
Human Rights Violations ◽  
Political Transformation ◽  
Military Junta ◽  
Post Conflict ◽  
Durable Peace

At the end of the state perpetrated largescale violence, two important puzzling questions need to be addressed by post-conflict states. The first one chiefly concern how to ensure accountability or fight impunity, and the second is concerned with how to transform a society wrecked by prolonged conflicts into a durable peace in a non-violent means (Jarstad & Sisk, 2008). One such effort to deal with these questions was implementation of a transitional justice measures which evolved to encompass broader themes in addition to criminal accountability and it has shown a considerable relevance and expansion since the end of Cold War. After the demise of Marxist military junta of Derg regime in 1991, the Transitional Government of Ethiopia attempted to respond to the Derg-era atrocities of Red Terror through the establishment of Special Prosecution Office (SPO) in 1992. Ethiopia’s SPO undertook one of the most extensive criminal investigations after Nuremburg trials by its own resources and domestic tribunals and the mass trials lasted for nearly two decades. However, the assessment about its significance for domestic political transformation and its legacy remained largely untold. The aim of this paper is to make a critical review of available works on the ‘red terror trials’ and reconsider its achievements and pitfalls and to interrogate as to whether it can still provide important lessons for today’s reality. By critically reviewing available literatures and official reports, the paper found that the efforts of Red Terror trials partly succeeded in ending impunity, averting tendency of summary executions and revenge killings, and in eliciting some ‘truths. However, the measure was affected by severe limitations including the adopting the narrower model of transitional justice measures chiefly focusing on criminal prosecutions, and also questioned legitimacy of trials amidst human rights violations by the new regime itself. These limitations coupled with other factors constrained the capacity of the Derg’s Red Terror trials so that it remained short of being translated into a lasting legacy in terms of meaningful political transformation.

scholarly journals Agensi Perempuan Penyintas dalam Inisiatif Keadilan Transisi di Tingkat Lokal

2021 ◽  
Vol 26 (3) ◽  
pp. 231-240
Author(s):  
Mulki Makmun ◽  
Atnike Nova Sigiro
Keyword(s):  
Human Rights ◽  
Women Survivors ◽  
Transitional Justice ◽  
Local Level ◽  
The State ◽  
Human Rights Violations ◽  
Structural Barriers ◽  
Truth Telling ◽  
Assistance Programs ◽  
Participation Of Women

This article will describe the contribution of women survivors of human rights violations in promoting transitional justice initiatives at the local or community level in Indonesia. In their marginal position, both as women and victims of human rights violations, the women survivors show their agencies to face social, political, cultural and structural barriers. The initiatives and participation of women survivors in Central Sulawesi, Aceh, and Yogyakarta Province, have contributed to the emergence of transitional justice models at the local level, such as apologies for victims, health assistance programs, scholarships, and truth-telling. These transitional justice initiatives at the local level not only fill the gap in the accountability that should be borne by the state, but they also strengthen the implementation of transitional justice mechanisms organized by the state or government, both at the local and national levels.

The Kenya National Commission on Human Rights under the 2010 Constitutional Dispensation

2018 ◽  
Vol 26 (2) ◽  
pp. 205-226
Author(s):  
Bonolo Ramadi Dinokopila ◽  
Rhoda Igweta Murangiri
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
National Commission ◽  
Bill Of Rights ◽  
Institutional Perspective ◽  
Post Conflict ◽  
National Human ◽  
The Status ◽  
Protection Of Human Rights

This article examines the transformation of the Kenya National Commission on Human Rights (KNCHR) and discusses the implications of such transformation on the promotion and protection of human rights in Kenya. The article is an exposition of the powers of the Commission and their importance to the realisation of the Bill of Rights under the 2010 Kenyan Constitution. This is done from a normative and institutional perspective with particular emphasis on the extent to which the UN Principles Relating to the Status of National Institutions for the promotion and protection of human rights (the Paris Principles, 1993) have been complied with. The article highlights the role of national human rights commissions in transformative and/or transitional justice in post-conflict Kenya. It also explores the possible complementary relationship(s) between the KNCHR and other Article 59 Commissions for the better enforcement of the bill of rights.

Human Rights Activities as a Function of the Prosecutor’s Office

2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
The State ◽  
Main Function ◽  
Federal Law ◽  
The Subject ◽  
The Russian Federation ◽  
The Law

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.

Impact of Covid-19 on the mental health needs of asylum seekers in Australia

2021 ◽  
pp. 103985622110054
Author(s):  
Sarah Mares ◽  
Kym Jenkins ◽  
Susan Lutton ◽  
Louise Newman AM
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Social Isolation ◽  
Asylum Seekers ◽  
Health Needs ◽  
Human Rights Violations ◽  
Mental Health Needs

Objective: This paper highlights the significant mental health vulnerabilities of people who have sought asylum in Australia and their additional adversities as a result of the Covid-19 pandemic. Conclusions: Australia’s policies in relation to asylum seekers result in multiple human rights violations and add significantly to mental health vulnerabilities. Despite a majority being identified as refugees, people spend years in personal and administrative limbo and are denied resettlement in Australia. Social isolation and other restrictions associated with Covid-19 and recent reductions in welfare and housing support compound their difficulties. The clinical challenges in working with people impacted by these circumstances and the role of psychiatrists and the RANZCP in advocacy are identified.

The role of international human rights organisations in the context of the conflict in Eastern Ukraine

2021 ◽  
Vol 28 (1) ◽  
pp. 24-31
Author(s):  
Nina I. Karpachova
Keyword(s):  
Human Rights ◽  
Current Status ◽  
Human Rights Violations ◽  
International Human Rights ◽  
Quantitative And Qualitative Research ◽  
Human Rights Organizations ◽  
High Commissioner ◽  
Protection Of Human Rights ◽  
International Human

The task of this paper is to study the role of international human rights organizations in response to the conflict taking place in eastern Ukraine. The study is based on recent reports from the Office of the UN High Commissioner for Human Rights and the OSCE on Ukraine. The relevance of the stated topic is determined by the situation with human rights violations in the armed conflict in Ukraine and the significant role of international human rights organizations, making active efforts to resolve it. The purpose of this study is to determine the main aspects of the role that international organizations play in resolving this range of issues. This will help to identify potential opportunities to tackle the problem with human rights violations in the Ukrainian territories. The study combines quantitative and qualitative research of the entire spectrum of issues brought into the subject. The main results obtained are: analysis of the role and place of international human rights organizations in assessing the situation with the conflict in the Ukrainian territories and obtaining statistical information on the current status of human rights violations in these territories. The value of this paper lies in obtaining practical recommendations for finding ways to peacefully resolve the conflict in the East of Ukraine and implementing comprehensive measures to create conditions for the protection of human rights in this region

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