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Families Of The Missing

Author: Simon Robins
Publisher: Routledge
ISBN: 1134097026
Size: 31.18 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: 40.40 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: 42.98 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: 37.51 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.

Humanitarian Protection

Author: Simon Robins
Publisher:
ISBN: 9781138787490
Size: 73.73 MB
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This volume takes a humanitarian perspective to protection in conflicts and seeks to introduce the what and the how of doing protection work, and the impact of the new humanitarian politics on its practice. Humanitarian protection lies at the heart of the new prominence of humanitarian action: 'protection of civilians' is now used by different actors to mean both the traditional use of international law to ensure persons are protected, and military intervention to protect civilians from their own state. Literature around the 'new humanitarianism' and the 'Responsibility to Protect' (R2P) has abounded as the political use of protection narratives has driven interventions in a number of states, and with a range of outcomes. The work of humanitarian protection has largely continued, in conflict, natural disaster and complex emergencies, with humanitarians risking their lives to ensure the rights and dignity of the vulnerable. Such work has however inspired almost no literature, academic or otherwise. Even as becoming a humanitarian worker has become a career path facilitated by a plethora of graduate courses, there is a dearth of sources of information, informed by both theory and practice, that can navigate the new politics of humanitarian action. This textbook can be used on courses that focus on preparing humanitarian and human rights professionals, and also aims to also be a source to which field workers can turn for a theoretical perspective and overview of practice relevant to their own work. It emphasises humanitarian protection over assistance because developments that have seen human rights based approaches politicise traditional neutral and impartial perspectives are most salient in this arena. It surveys bodies of international law that form the normative basis of humanitarian action but aims not to be legal text, rather using law to set the frame for the practice of protection work. In the spirit of practical relevance it discusses in detail the modalities of protection work, and engages with the very concrete impacts that the political instrumentalisation of humanitarianism has had on humanitarians. The book also discusses how the violations that protection work seeks to prevent have become the focus of a global justice project towards which humanitarians, always witnesses to atrocity, must take a position. It concludes with a critical discussion of the impact on protection work of the new military humanitarianism and R2P. This book will be of much interest to students of humanitarian protection/assistance, the Responsibility to Protect, peace and confict studies, development studies, human rights and security studies, as well as practitioners in the field.

Transitional Justice And Reconciliation

Author: Martina Fischer
Publisher: Routledge
ISBN: 1317529561
Size: 65.61 MB
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Scholars and practitioners alike agree that somehow the past needs to be addressed in order to enable individuals and collectives to rebuild trust and relationships. However, they also continue to struggle with critical questions. When is the right moment to address the legacies of the past after violent conflict? How can societies address the past without deepening the pain that arises from memories related to the violence and crimes committed in war? How can cultures of remembrance be established that would include and acknowledges the victims of all sides involved in violent conflict? How can various actors deal constructively with different interpretations of facts and history? Two decades after the wars, societies in Bosnia, Serbia and Croatia – albeit to different degrees – are still facing the legacies of the wars of the 1990s on a daily basis. Reconciliation between and within these societies remains a formidable challenge, given that all three countries are still facing unresolved disputes either at a cross-border level or amongst parallel societies that persist at a local community level. This book engages scholars and practitioners from the regions of former Yugoslavia, as well as international experts, to reflect on the achievements and obstacles that characterise efforts to deal with the past. Drawing variously on empirical studies, theoretical discussions, and practical experience, their contributions offer invaluable insights into the complex relationship between transitional justice and conflict transformation.

Transformative Justice

Author: Matthew Evans
Publisher: Routledge
ISBN: 1351239449
Size: 27.10 MB
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Transitional justice mechanisms employed in post-conflict and post-authoritarian contexts have largely focused upon individual violations of a narrow set of civil and political rights, as well as the provision of legal and quasi-legal remedies, such as truth commissions, amnesties and prosecutions. In contrast, this book highlights the significance of structural violence in producing and reproducing rights violations. The book further argues that, in order to remedy structural violations of human rights, there is a need to utilise a different toolkit from that typically employed in transitional justice contexts. The book sets out and applies a definition of transformative justice as expanding upon, and providing an alternative to, transitional justice. Focusing on a comparative study of social movements, nongovernmental organisations and trade unions working on land and housing rights in South Africa, and their network relationships, the book argues that networks of this kind make an important contribution to processes advancing transformative justice. Providing an opportunity for affected communities to articulate their concerns over socioeconomic rights issues, such networks provide a vital means by which existing structures and practices may be contested.

Family Stress Management

Author: Pauline Boss
Publisher: SAGE Publications
ISBN: 1506352219
Size: 42.19 MB
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The Third Edition of Family Stress Management by Pauline Boss, Chalandra M. Bryant, and Jay A. Mancini continues its original commitment to recognize both the external and internal contexts in which distressed families find themselves. With its hallmark Contextual Model of Family Stress (CMFS), the Third Edition provides practitioners and researchers with a useful framework to understand and help distressed individuals, couples, and families. The example of a universal stressor—a death in the family—highlights cultural differences in ways of coping. Throughout, there is new emphasis on diversity and the nuances of family stress management—such as ambiguous loss—plus new discussions on family resilience and community as resources for support.

Grassroots Activism And The Evolution Of Transitional Justice

Author: Iosif Kovras
Publisher: Cambridge University Press
ISBN: 1316738930
Size: 21.25 MB
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The families of the disappeared have long struggled to uncover the truth about their missing relatives. In so doing, their mobilization has shaped central transitional justice norms and institutions, as this ground-breaking work demonstrates. Kovras combines a new global database with the systematic analysis of four challenging case studies - Lebanon, Cyprus, South Africa and Chile - each representative of a different approach to transitional justice. These studies reveal how variations in transitional justice policies addressing the disappeared occur: explaining why victims' groups in some countries are caught in silence, while others bring perpetrators to account. Conceiving of transitional justice as a dynamic process, Kovras traces the different phases of truth recovery in post-transitional societies, giving substance not only to the 'why' but also the 'when' and 'how' of this kind of campaign against impunity. This book is essential reading for all those interested in the development of transitional justice and human rights.

Digging For The Disappeared

Author: Adam Rosenblatt
Publisher: Stanford University Press
ISBN: 080479488X
Size: 28.98 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.