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Families Of The Missing

Author: Simon Robins
Publisher: Routledge
ISBN: 113409695X
Size: 41.45 MB
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Families of the Missing interrogates the current practice of transitional justice from the viewpoint of the families of those disappeared and missing as a result of conflict and political violence. Studying the needs of families of the missing in two contexts, Nepal and Timor-Leste, the practice of transitional justice is seen to be rooted in discourses that are alien to predominantly poor and rural victims of violence, and that are driven by elites with agendas that diverge from those of the victims. In contrast to the legalist orientation of the global transitional justice project, victims do not see judicial process as a priority. Rather, they urgently seek an answer concerning the fate of the missing, and to retrieve human remains. As important are livelihood issues where families are struggling to cope with the loss of breadwinners and seek support to ensure economic security. Although rights are the product of a discourse that claims to be global and universal, needs are necessarily local and particular, the product of culture and context. And it is from this perspective that this volume seeks both to understand the limitations of transitional justice processes in addressing the priorities of victims, and to provide the basis of an emancipatory victim-centred approach to transitional justice.

Transitional Justice In Nepal

Author: Yvette Selim
Publisher: Routledge
ISBN: 1351692194
Size: 73.17 MB
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The conflict in Nepal (1996 – 2006) resulted in an estimated 15,000 deaths, 1,300 disappearances, along with other serious human rights and humanitarian law violations. Demands for peace, democracy, accountability and development, have abounded in the post-conflict context. Although the conflict catalysed major changes in the social and political landscape in Nepal, the transitional justice (TJ) process has remained deeply contentious and fragmented. This book provides an in-depth analysis of transitional justice process in Nepal. Drawing on interviews with a diverse range of stakeholders, including victims, ex-combatants, community members, human rights advocates, journalists and representatives from diplomatic missions, international organisations and the donor community, it reveals the differing viewpoints, knowledge, attitudes and preferences about TJ and other post-conflict issues in Nepal. The author develops an actor typology and an action spectrum, which can be used in Nepal and other post-conflict contexts. The actor typology identifies four main groups of TJ actors—experts, brokers, implementers and victims—and highlights who is making claims and on behalf of whom. The action spectrum, based on contentious politics literature and resistance literature, demonstrates the strategies actors use to shape the TJ process. This book argues that the potential of TJ lies in these dynamics of contention. It is by letting these dynamics play out that different conceptualisations of TJ can arise. While doing so may lead to practical challenges and produce situations that are normatively undesirable for some actors, particularly when certain political parties and national actors seem to ‘hijack’ TJ, remaining steadfast to the dominant TJ paradigm is also undesirable. As the first book to provide a single case study on TJ in Nepal, it makes theoretical and empirical contributions to: TJ research in Nepal and the Asia-Pacific more broadly, the politics versus justice binary and the concept of victimhood, among others. It will be of interest to a wide range of scholars in the study of transitional justice, peace and conflict studies, human rights, sociology, political science, criminology, law, anthropology and South Asian Studies, as well as policy-makers and NGOs.

Advocating Transitional Justice In Africa

Author: Jasmina Brankovic
Publisher: Springer
ISBN: 3319704176
Size: 54.39 MB
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This edited volume examines the role of local civil society in shaping understandings and processes of transitional justice in Africa – a nursery of transitional justice ideas for well over two decades. It brings together practitioners and scholars with intimate knowledge of these processes to evaluate the agendas and strategies of local civil society, and offers an opportunity to reflect on ‘lessons learnt’ along the way. The contributors focus on the evolution and effectiveness of transitional justice interventions, providing a glimpse into the motivations and inner workings of major civil society actors. The book presents an African perspective on transitional justice through a compilation of country-specific and thematic analyses of agenda setting and lobbying efforts. It offers insights into state–civil society relations on the continent, which shape these agendas. The chapters present case studies from Southern, Central, East, West and North Africa, and a range of moments and types of transition. In addition to historical perspective, the chapters provide fresh and up-to- date analyses of ongoing transitional justice efforts that are key to defining the future of how the field is understood globally, in theory and in practice Endorsements: "This great volume of written work – Advocating Transitional Justice in Africa: The Role of Civil Society – does what virtually no other labor of the intellect has done heretofore. Authored by movement activists and thinkers in the fields of human rights and transitional justice, the volume wrestles with the complex place and roles of transitional justice in the project of societal reconstruction in Africa. ... This volume will serve as a timely and thought-provoking guide for activists, thinkers, and policy makers – as well as students of transitional justice – interested in the tension between the universal and the particular in the arduous struggle for liberation. Often, civil society actors in Africa have been accused of consuming the ideas of others, but not producing enough, if any, of their own. This volume makes clear the spuriousness of this claim and firmly plants an African flag in the field of ideas." Makau Mutua

Transformative Transitional Justice And The Malleability Of Post Conflict States

Author: Padraig McAuliffe
Publisher: Edward Elgar Publishing
ISBN: 1783470046
Size: 38.29 MB
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Despite the growing focus on issues of socio-economic transformation in contemporary transitional justice, the path dependencies imposed by the political economy of war-to-peace transitions and the limitations imposed by weak statehood are seldom considered. This book explores transitional justice’s prospects for seeking economic justice and reform of structures of poverty in the specific context of post-conflict states.

From Transitional To Transformative Justice

Author: Paul Gready
Publisher: Cambridge University Press
ISBN: 9781107160934
Size: 51.56 MB
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Transitional justice has become the principle lens used by countries emerging from conflict and authoritarian rule to address the legacies of violence and serious human rights abuses. However, as transitional justice practice becomes more institutionalized with support from NGOs and funding from Western donors, questions have been raised about the long-term effectiveness of transitional justice mechanisms. Core elements of the paradigm have been subjected to sustained critique, yet there is much less commentary that goes beyond critique to set out, in a comprehensive fashion, what an alternative approach might look like. This volume discusses one such alternative, transformative justice, and positions this quest in the wider context of ongoing fall-out from the 2008 global economic and political crisis, as well as the failure of social justice advocates to respond with imagination and ambition. Drawing on diverse perspectives, contributors illustrate the wide-ranging purchase of transformative justice at both conceptual and empirical levels.

Digging For The Disappeared

Author: Adam Rosenblatt
Publisher: Stanford University Press
ISBN: 080479488X
Size: 13.55 MB
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The mass graves from our long human history of genocide, massacres, and violent conflict form an underground map of atrocity that stretches across the planet's surface. In the past few decades, due to rapidly developing technologies and a powerful global human rights movement, the scientific study of those graves has become a standard facet of post-conflict international assistance. Digging for the Disappeared provides readers with a window into this growing but little-understood form of human rights work, including the dangers and sometimes unexpected complications that arise as evidence is gathered and the dead are named. Adam Rosenblatt examines the ethical, political, and historical foundations of the rapidly growing field of forensic investigation, from the graves of the "disappeared" in Latin America to genocides in Rwanda and the former Yugoslavia to post–Saddam Hussein Iraq. In the process, he illustrates how forensic teams strive to balance the needs of war crimes tribunals, transitional governments, and the families of the missing in post-conflict nations. Digging for the Disappeared draws on interviews with key players in the field to present a new way to analyze and value the work forensic experts do at mass graves, shifting the discussion from an exclusive focus on the rights of the living to a rigorous analysis of the care of the dead. Rosenblatt tackles these heady, hard topics in order to extend human rights scholarship into the realm of the dead and the limited but powerful forms of repair available for victims of atrocity.

Migrating Borders And Moving Times

Author: Hastings Donnan
Publisher: Oxford University Press
ISBN: 1526115387
Size: 49.47 MB
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Migrating borders and moving times analyses migrant border crossings in relation to their everyday experiences of time and connects these to wider social and political structures. Sometimes border crossing takes no more than a moment; sometimes hours; some crossers find themselves in the limboof detention; for others, the crossing lasts a lifetime to be interrupted only by death. Borders not only define separate spaces, but different temporalities. This book provides both a single interpretative frame and a novel approach to border crossing: an analysis of the reconfiguration of memory,personal and group time that follows the migrants' renegotiation of cross-border space and recalibrations of temporality.

Pills For The Poorest

Author: Emilie Cloatre
Publisher: Palgrave Macmillan
ISBN: 1137313277
Size: 75.55 MB
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The desperate need for a vast part of the global population to access better medicines in more certain ways is one of the biggest concerns of the modern era. Pills for the Poorest offers a new perspective on the much-debated issue of the links between intellectual property and access to medication. Using ethnographic case studies in Djibouti and Ghana, and insights from actor-network theory, it explores the ways in which TRIPs and pharmaceutical patents are translated in the daily practices of those who purchase, distribute, and use (or fail to use) medicines in sub-Saharan Africa. It suggests that focusing on routine practices and the material deployment of intellectual property significantly enriches our understanding of the complex dynamics that animate the field of access to medicines and helps relocate the role of law within those processes. It demonstrates how intellectual property affects access to medicines in ways that are often discreet, indirect and forgotten. By exploring these complex mechanisms, it seeks to ask questions about the modes of actions of pharmaceutical patents, but also, more generally, about the complexity of legal objects.

Justice As Prevention

Author: Pablo De Greiff
Publisher: SSRC
ISBN: 0979077214
Size: 28.64 MB
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Countries emerging from armed conflict or authoritarian rule face difficult questions about what to do with public employees who perpetrated past human rights abuses and the institutional structures that allowed such abuses to happen. Justice as Prevention: Vetting Public Employees in Transitional Societies examines the transitional reform known as "vetting"--the process by which abusive or corrupt employees are excluded from public office. More than a means of punishing individuals, vetting represents an important transitional justice measure aimed at reforming institutions and preventing the recurrence of abuses. The book is the culmination of a multiyear project headed by the International Center for Transitional Justice that included human rights lawyers, experts on police and judicial reform, and scholars of transitional justice and reconciliation. It features case studies of Argentina, Bosnia and Herzegovina, the Czech Republic, El Salvador, the former German Democratic Republic, Greece, Hungary, Poland, and South Africa, as well as chapters on due process, information management, and intersections between other institutional reforms.

The Arts Of Transitional Justice

Author: Peter D. Rush
Publisher: Springer Science & Business Media
ISBN: 1461483859
Size: 53.33 MB
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​​The Art of Transitional Justice examines the relationship between transitional justice and the practices of art associated with it. Art, which includes theater, literature, photography, and film, has been integral to the understanding of the issues faced in situations of transitional justice as well as other issues arising out of conflict and mass atrocity. The chapters in this volume take up this understanding and its demands of transitional justice in situations in several countries: Afghanistan, Serbia, Srebenica, Rwanda, Northern Ireland, Cambodia, as well as the experiences of resulting diasporic communities. In doing so, it brings to bear the insights from scholars, civil society groups, and art practitioners, as well as interdisciplinary collaborations.