Confronting past gross human rights violations in Ethiopia: Taking stock of the Reconciliation Commission

2020 ◽  
Vol 33 (3) ◽  
pp. 563-579
Author(s):  
Marshet Tessema ◽  
Markos Debebe Belay

It is a trite fact that in the recent past decades, Ethiopia has been under a one-party dictatorship. The ruling political party encountered protracted civil protest and at times, an armed struggle. This has led to the overthrow of former party leaders and the dictatorship. The protracted protest against the party has led to change from within the ruling party. Thus, with the coming to power of Prime Minister Abiy Ahmed, there has been a widespread change in the political and legal landscape. Ethiopia has adopted various mechanisms including establishing a reconciliation commission as a means to reckon with legacies of a repressive past. This article takes stock of the major problematic areas of the Ethiopian Reconciliation Commission establishment law, Proclamation 1102/2018, with the aim to propose measures to be taken to rectify its blind spots.

2021 ◽  
pp. 217-224
Author(s):  
Michael Llewellyn-Smith

Venizelos's arrived in Athens in early September 1910. He addressed the people in a major speech in Constitution Square, making clear that he would work with the King, since 'crowned democracy' best fitted the political culture of the Greek people. He looked to the King to lead the reform program. He announced that he would create a new political party from like-minded people committed to new and liberal ideas. For the rest he condemned the failures of the old political world, over emigration, security, agriculture and industry, indeed across the board, and promised better. The speech quickly acquired mythical status, partly for the forthright way in which he squashed hecklers who cried out for fundamental changes in the constitution (i.e. affecting the prerogatives of the Crown). He defended limited constitutional changes. Foreign affairs hardly featured. This debut was rapidly followed by his appointment as prime minister, following the failure of the old party leaders to pick up the baton, and by his confirmation through new elections which gave him the desired majority in parliament. This was a brilliant start to his political career in Greece.


Author(s):  
Vineet Chouhan ◽  
Pranav Saraswat

This case is related with the biggest 2020 scam by one of the major new private sector banks (i.e., YES bank). The case is related with the misuse of the power of banks in providing the benefits to one person, due to the power and influence granted by the political party leaders that influence providing unlimited loans to one person and further the acts of the bank officials that led to the partial breakdown of the banking system in India. Further, the case deals with the major accused and the shell company's creator as DHFL. The present analysis put lights on the future lessons to be learnt by various sectors in order to prevent heavy losses and loss of customer faith (being the most vital component). It starts by giving a background of the crisis that led the RBI to come into picture. It also shows the effectiveness of the actions of RBI for YES bank. At last, it points out the importance of independent management and the roles of auditors and other regulators in dealing with this crisis.


1988 ◽  
Vol 17 (10) ◽  
pp. 8-9
Author(s):  
James Painter

In March 1986, when Vinicio Cerezo became Guatemala's first elected civilian president since 1966, there were high hopes that he could bring an end to the political violence which had disfigured the country's recent past. Over two years later, it is plain that he has been unable to wrest real power from the armed forces, and though the human rights situation has improved, there are still numerous reports of disappearances and of violence used by the security forces against people from allwalks of life. Nor have the Guatemalan human rights groups had any satisfaction in response to their demands that those responsible for the thousands of deaths which occurred under previous military governments be brought to justice. Some Guatemalan exiles returned home to take advantage of the promised democratic opening under Cerezo, and attempted to widen the space for political debate. But, as the coup attempt on 11 May showed, the possibilities for such freedoms have again narrowed abruptly. Here a London-based researcher who recently travelled to Guatemala describes the current situation.


2007 ◽  
Vol 40 (3) ◽  
pp. 804-805
Author(s):  
Patricia Richards

Women and Politics in Chile, Susan Franceschet, Boulder CO: Lynne Rienner Publishers, 2005, pp. x, 203.The Pinochet dictatorship in Chile (1973–1990) was marked by a high degree of women's activism focusing on human rights, economic survival and feminism. Many women expected that their active role during the dictatorship would lead to a new way of doing politics and greater inclusion of women in the political process once democracy was restored. But despite the recent election of Michelle Bachelet as president of Chile, Chilean women continue to be vastly underrepresented in political party leadership and elected office. In this clearly written and cogently argued book, Susan Franceschet addresses the important question of the marginalization of women from Chilean politics under democracy.


2021 ◽  
Vol 15 (2) ◽  
pp. 103-120
Author(s):  
Galih Raka Siwi ◽  
Reviansyah Erlianto ◽  
Maharani Nurdin

The existence of local political parties in Indonesia is a tangible form of the existence of special autonomy in a certain area. The specificity of a certain area is regulated in the 1945 Constitution Article 18B paragraph (1). In addition, the formation of local political parties is one of the human rights in the political field, as stated in Article 28E paragraph (3) of the 1945 Constitution. The research method uses a normative juridical approach with secondary data and analyzed descriptively qualitatively. Based on research, Papua Province has the right to form political parties (see Article 28 paragraph (1) of the Papua Province Special Autonomy Law). However, the phrase "political party" is considered to have multiple interpretations, thus creating legal uncertainty. Through the decision of the Constitutional Court Number 41/PUU-XVII/2019, the legal uncertainty can be guaranteed by the Constitutional Court Decision. In the future, by looking at the background and real needs of the Papua Province, it is possible to form a Local Political Party in the Papua Province, considering the condition of the Papua Province as a special autonomous region.Partai politik lokal di Indonesia merupakan wujud nyata adanya otonomi khusus di suatu daerah. Kekhususan suatu daerah diatur dalam UUD 1945 Pasal 18B ayat (1). Selain itu, pembentukan partai politik lokal merupakan salah satu hak asasi manusia di bidang politik, sebagaimana tercantum dalam Pasal 28E ayat (3) UUD 1945. Metode penelitian menggunakan pendekatan yuridis normatif dengan data sekunder dan dianalisis secara deskriptif kualitatif. Berdasarkan penelitian, Provinsi Papua berhak membentuk partai politik (lihat Pasal 28 ayat (1) UU Otsus Provinsi Papua). Namun, ungkapan “partai politik” dianggap memiliki multitafsir sehingga menimbulkan ketidakpastian hukum. Melalui putusan MK Nomor 41/PUU-XVII/2019, ketidakpastian hukum dapat dijamin oleh Putusan MK tersebut. Ke depan, dengan melihat latar belakang dan kebutuhan riil Provinsi Papua, dimung­kinkan dibentuknya Partai Politik Lokal di Provinsi Papua, mengingat kondisi Provinsi Papua sebagai daerah otonomi khusus.


M/C Journal ◽  
2001 ◽  
Vol 4 (1) ◽  
Author(s):  
Paul Newman ◽  
Tseen Khoo ◽  
Kathryn Goldie

The issue of a national apology to the Stolen Generations by the Federal Government has for some time been central to cultural and political debate in Australia. Responses to the Bringing them Home report-the text that generated a national audience for narratives of child removal-including the mechanics of apology, have come to substantially generate the terms of the Australian reconciliation debate. The desire for the performance of official sorrow has come to dominate arguments about racial atonement to the extent, as several of our contributors note, that more material achievements may have been neglected. This is not to endorse Prime Minister Howard's prioritisation of 'practical' reconciliation, in which the only specific policy the government is prepared to advocate is the provision of basic rights to Indigenous people, but to recognise some of the limitations of the apology focus. The continuation of deliberations about whether or not non-indigenous Australians should express sorrow has the potential to feed into a lengthy history of anxious white Australian self-definition. Reconciliation, and the sorrow which may or may not constitute it, therefore becomes the latest in an endless series of attempts to ascertain Australia's national identity - this time informed by a moral responsibility for historical wrongdoing. In his article, Jen Kwok suggests the potential for the concept of reconciliation to become safely amorphous, expressing the fear that an interest in reconciliation can be acquired for the sake of appearance. In this way, the narrative of a nation reconciled through a governmental process helps to inform ongoing constructions of whiteness. While Australia's initial ten-year period of reconciliation has officially ended, the issue of a Federal Government apology has not. Prime Minister Howard's version of an apology-the personal sorrow that never becomes official-seems part of the conservative parties' deliberate obfuscation of the importance of official recognition of indigenous concerns, in the same way that a treaty is dismissed as unnecessary. In this issue, Lynette Hughes takes the conservatives' refusal to acknowledge the need to apologise as a starting point for deliberations on the worth of the concept, with a timely focus on Pauline Hanson's unapologetic re-entry onto the centre of the political stage. If Hanson's emergence in 1996 was notable for her grouping of otherness-'Aborigines' and 'Asians'-as threat, this was a simple identification of two forms of difference, in indigeneity and non-white migration, that have been historically constructed as imperilling white Australia. Guy Ramsay takes up an historical connection between two such groups: Chinese and Indigenous peoples of North Queensland during the latter half of the nineteenth century. This community of Others was seen as a significant threat to the 'codes' and 'norms' of white behaviour, as legislation was introduced to restrict the immorality and vice necessarily attached to racial mixing. In our feature article, Peta Stephenson also analyses the reasons why the common experience of Australian racism by immigrant and Indigenous people has not forged significant bonds between the two groups. Beginning with a letter written by members of the Vietnamese community in response to the Federal Government's ongoing refusal to apologise to the Stolen Generations, Stephenson traces some of the current reasons for the lack of interaction between those theorised as Other in settler-indigene and Anglo-Ethnic conceptions. Despite, or perhaps because of, the historical proofs of the mistreatment of migrant groups, there is reason to suggest continuity in the behaviour of settler nations towards non-white peoples. Rita Wong's examination of the Canadian government's treatment of recent refugees to Canada provides similarities with Australia's own human rights record in this area. This impulse to criminalise refugee seekers is certainly one shared by both nations. The racialisation of the refugees in the media and government rhetoric implies that the persecution of Asians in Canada is not only an historical event. A further relevant international comparison to the Australian situation is evident in South Africa, where issues of reconciliation and apology for historical misdeeds have gained great societal prominence. Despite the limitations of South Africa's Truth and Reconciliation Commission, there was an intimacy to the discourses of apology made possible by the presence of 'perpetrator' and 'victim' in the same room: institutional space was provided by the Commission for the confessions of the perpetrators of human rights violations. These personal reconciliations intensify the focus on the apology to the 'victims' of human rights violations, and emphasise the personal accountability of those who perpetrated such acts. From her article on the workings of the South African Truth and Reconciliation Commission, Andie Miller's conclusion suggests that the official impulse to reconcile-a feature of both Australia's and South Africa's version of national redemption-cannot produce results that are acceptable to all elements of society. Likewise, an emphasis on personal investment in an 'apology' is apparent in the contributions of Kwok and Hughes in this issue. Even now, the reconciliation issue remains the locus of much angst and self-reflection. Having a gathering such as Australia Deliberates: Reconciliation for the 21st Century -- which was screened mid-February 2001 by the ABC -- aptly demonstrates the range of complex societal changes which need to take place. More to the point, the concept of reconciliation must move, as Jackie Huggins argues, from being a deed to becoming a plan ("Australia Deliberates"). References "Australia Deliberates: Reconciliation for the 21st Century". ABC. 17 February 2001.


Author(s):  
Jaymie Heilman

From 2001 to 2003, Peru’s Truth and Reconciliation Commission (the Comisión de la Verdad y Reconciliación del Perú, or CVR) investigated and reported on human rights abuses committed in Peru by state forces and insurgents between 1980 and 2000. That twenty-year armed internal conflict began when militants of the Peruvian Communist Party-Shining Path (Sendero Luminoso) launched an armed struggle against the Peruvian State. The smaller MRTA (Túpac Amaru Revolutionary Movement) waged a separate armed struggle from 1984 until 1997. Peru’s armed forces, police, and peasant civil defense patrols carried out a counterinsurgency that lasted until the collapse of Alberto Fujimori’s authoritarian regime in 2000. The CVR’s official mandate was to analyze why the violence occurred, determine the scale of victimization, assess responsibility, propose reparations, and recommend preventative reforms. The CVR collected nearly seventeen thousand testimonies about the violence, including harrowing stories of massacres, disappearances, torture, and sexual abuse. The CVR also held twenty-seven public hearings, broadcast on Peruvian television and radio. Commissioners determined that the death toll from the armed internal conflict was 69,280. This number was more than twice as high as previous estimates. The CVR established that 79 percent of the victims lived in rural areas, and 75 percent of the dead spoke Quechua or another Indigenous language as their first language. Commissioners also determined that the PCP-Shining Path was responsible for 54 percent of the reported deaths. The Final Report recommended institutional reforms including changes to Peru’s educational system, limits on military autonomy, changes to policing, and greater controls over intelligence agencies. It also made a series of recommendations regarding individual and collective reparations, as well as judicial actions. These conclusions and recommendations appear in the CVR’s Final Report, a nine-volume analysis of the violence, totaling about eight thousand pages. Commissioners forwarded forty-five cases to the Peruvian Attorney General’s office (Ministerio Público) and two cases to the Peruvian Judiciary (Poder Judicial) for investigation and possible criminal trials. Most of these cases, however, stalled in the courts. The most significant exception to these frustrated legal efforts was the trial of former president Alberto Fujimori, who was found guilty of human rights abuses and sentenced to twenty-five years in prison. The CVR proved highly controversial inside Peru. Many Peruvians argued that reconciliation would be tantamount to forgiving and forgetting terrorists’ crimes. Another heated controversy involved the accusation that the CVR was unduly sympathetic to the Shining Path and unfairly critical of the Peruvian military. Although the CVR’s work galvanized civil society, the return to power of political and military figures sharply criticized in the Final Report has led many observers to question the Truth Commission’s impact. There has also been significant disappointment with the CVR because it generated expectations for compensation and sociopolitical transformation that have not been met.


Subject Political dynamics ahead of 2020 elections. Significance The government has launched talks with CNARED, a forum of opposition parties, to negotiate the return of its exiled leaders ahead of the 2020 presidential elections. President Pierre Nkurunziza, who has said he will not run for a fourth term, appears to be cautiously reaching out to the opposition in an effort to ease his regime’s diplomatic isolation and deepening economic crisis. Impacts The 2020 elections will likely see continued heavy human rights violations and restrictions on the political space. CNARED’s mooted return might increase tensions, rights violations and repression, especially once they try to campaign outside Bujumbura. Burundi’s crisis weighs heavily on regional security, especially in Congo’s South Kivu Province; the elections might exacerbate this.


Res Publica ◽  
2001 ◽  
Vol 42 (1) ◽  
pp. 23-32
Author(s):  
Jean-Luc Dehaene

The position of the Belgian prime minister (PM) is hardly mentioned in the Belgian Constitution. lt was only after almost 140 years, in 1970 he was mentioned for the first time. lts power is rather a matter of common law. Since 1831 through the years, the position and power of the PM changed strongly. This often happened together with changes concerning the power of the King: the weaker the King, the stronger the PM.The existence of coalition governments puts forward bis role as coordinator and even as arbitrator, whereas the federalisation process since the seventies places him as a conciliator between Regions and Communities. The growing importance of the European Council of Head of States have made him the most important decision-maker among the national politicians in the European integration process. The PM's skills concerning timing and agendasetting are very important because it is one of his most important power instruments. Other key skills are bis profound knowledge in certain issues but mostly as a generalist, his insisting on good minister nominations by the party leaders, the way he can motivate his cabinet members, a good team spirit among the government members and the existence of a clear government contract. In order to avoid a strongdependency on or tutelage from the political parties of the majority it is important to have their top politicians in the government.


2020 ◽  
Vol 39 (1) ◽  
pp. 17-38 ◽  
Author(s):  
Sorpong Peou

Cambodia’s hegemonic party system that emerged after the violent removal of First Prime Minister Norodom Ranariddh early in July 1997 has now given way to a one-party state, which still remains prone to tension and instability. The party system has become less factionalised and can be characterised as moving from high to medium factionalism. This development resulted from the growing domination of the Cambodian People’s Party (CPP) and the weakening of the opposition parties, such as National United Front for an Independent, Netural, Peaceful and Cooperative Cambodia, which splintered and become almost irrelevant in Cambodian politics. The Cambodian National Rescue Party (CNRP) emerged as the main opposition party after the 2013 election but was then banned from competing in the 2018 election. Although the CNRP remains united by its anti-CPP position, it is still fractured along political lines between two former opposition parties – the Sam Rainsy Party and the Human Rights Party. Historical institutionalism sheds some new light on the variation of political developments among political parties and within them, but does not supplant the fact that party leaders are rational to the extent that they select strategies in pursuit of their interests defined as power or security under specific institutional constraints or the lack thereof.


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