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Source: Zinaida Miller, The International Journal of Transitional Justice 2, no 3This article argues that the field of transitional justice -- in both its institutional and scholarly aspects -- has historically excluded issues of economic inequality, structural violence, redistribution and development. It seeks to combine a conceptual critique with concrete institutional examples in an effort both to highlight the theory/practice relationship within the field and to anchor theoretical claims in particular examples. The author first briefly describes the chronological and regional iterations of transitional justice in light of its nature as a global enterprise. Then, the author examines the constructed invisibility of economic questions in the literature and institutions, suggesting that exclusion derives from particular patterns: ignoring the issues altogether, treating inequality or structural violence as contextual background rather than central issues in transition, or reducing economic concerns to a narrowed discussion of reparations. The author finally outlines three possible costs of economic invisibility: (1) an incomplete understanding of the origins of conflict; (2) an inability to imagine structural change due to a focus on reparations; and (3) the possibility of renewed violence due to a failure to address the role of inequality in conflict.
Source: Patricia Lundy and Mark McGovern, Journal of Law and Society 35, no. 2 This article argues that transitional justice needs to adopt participatory, bottom-up approach in order to be both effective and legitimate. The authors critique the dominant "post-conflict agenda" in the field of transitional justice, especially its emphasis on externally-driven, one-size-fits-all, top-down processes, which, according to them, tend not to achieve positive results in post-conflict societies. The authors propose an alternative conception of transitional justice, one that favors bottom-up and participatory initiatives that enhance local agency. They illustrate their argument through the case study of a grassroots truth telling initiative in Northern Ireland.
Source: Erin Daly, International Journal of Transitional Justice 2 This article challenges dominant assumptions about the functions and goals of truth commission, and calls into question the degree to which they can foster social healing, delineate a break with past policies, and promote accountability and reconciliation. The author addresses the intrinsic problems that interfere with a commission’s ability to find truth, the instrumental limitations of truth seeking, and the institutional design of truth commissions. While the article does not argue against the use of truth commission, it seeks to shed light on some of the challenges associated with truth-seeking and truth-telling and to caution against over-optimism regarding the impact of truth commissions. The author argues that should a government decide to establish the "truth," it should do so only after an evaluation of the pros and cons. In addition, it recommends that governments take the following steps when promoting truth-telling: establish goals for truth-telling program; determine if pros outweigh potential costs; and design programs in ways that make success most likely.
Source: http://www.transitionaljustice.netThe African Transitional Justice Research Network (ATJRN) is a capacity building network that seeks to improve the capacity of local level researchers and civil society organizations in African countries so that they can effectively inform and evaluate transitional justice mechanisms; strengthen human rights advocacy; and address the obstacles which hamper knowledge sharing amongst civil society on the African continent. The website houses a library of TJ resources, a database of TJ organizations working in Africa, as well as up to date information on workshops, conferences, university courses, and funding opportunities.
Source: http://www.ictj.orgThe International Center for Transitional Justice (ICTJ) was founded in 2001 with the vision of helping societies heal by accounting for and addressing past crimes after a period of repressive rule or armed conflict. Since its creation the ICTJ has worked in over 35 countries. The ICTJ website grants access to a substantial collection of the center’s publications on various TJ issues, as well as information about their international fellowships, TJ courses and seminars, and a variety of TJ related affinity groups.
Source: http://www.ijr.org.za/ The South African Institute for Justice and Reconciliation (IJR) was established to promote reconciliation, transitional justice and democratic nation-building in Africa by means of research, analysis and selective intervention. The website provides information about the institute’s programs, publications by partner organizations and a database of TJ literature.
Policy Analysis and Practitioner Documents (View All 9 Matches)
Source: Oskar N.T. Thoms, James Ron, and Roland ParisThis report evaluates the existing state of knowledge on transitional justice by critically surveying the various empirical studies conducted to date. The report’s main conclusion is that there is little empirical evidence that transitional justice produces either beneficial or harmful effects. to support claims either for or against transitional justice. Moreover, the authors of the report note that most claims for or against transitional justice are based on normative considerations rather than sound data. The authors point out that, as a result, the existing literature does not allow policy-makers to make informed decisions when undertaking transitional justice activities. The authors also call for the development of more rigorous research methods to address the knowledge gap in transitional justice.
Source: Sylvia Servaes, Nicole Birtsch, FriEntThis report is a summary of a workshop held by FriEnt, Working Group on Development and Peace, and Swiss Peace in February, 2008. The primary issues addressed during the workshop were conceptual frameworks for addressing victims and perpetrators, transitional justice mechanisms, reintegration, and options for development and peacebuilding practitioners.
Source: Lawrence Randall & Cosme R. Pulano, Jr., Liberia Media CenterThis report analyzes media coverage of the transitional justice process in Liberia. It is part of a larger project to train journalists and editors to report on the Truth and Reconciliation Commission process, attempting to create a balanced depiction of the TRC's intended work. The overall purpose of the project is "to promote accountability within the media through independent monitoring of the performance of the media during the TRC process."
UN Official Documents (1 Matches)
Source: United Nations Security Council, Report of the Secretary General, S/2004/616This report aims to inform the UN Security Council’s considerations by highlighting key issues and lessons on the rule of law and transitional justice in conflict and post-conflict societies based on the expertise and experience within the UN. The UN identifies its key objective as aiding in the development of domestic justice capacity through the support of domestic justice institutions and initiatives. Themes examined in this report are: the role of the UN in peace operations; strengthening domestic justice systems; lessons learned from ad hoc criminal tribunals and a role for the ICC; transitional justice mechanisms from truth to vetting and reparations; making the best use of UN capacity. The report identifies the following strategic areas for UN involvement, support and investment: provide rule of law capacity during post-conflict vacuum; support capacity building of domestic justice sector institutions; support actors calling for domestic reform; provide technical and financial support for national justice reform and transitional justice. A list of recommendations for negotiations, peace agreements and Security Council mandates conclude this report, as well as a list of considerations for the UN system.
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