Reconciliation, Transitional and Indigenous Justice presents fifteen reflections upon justice twenty years after the Truth and Reconciliation Commission of South Africa introduced a new paradigm for political reconciliation in settler and post-colonial societies. The volume considers processes of political reconciliation, appraising the results of South Africa's Commission, of the recently concluded Truth and Reconciliation Commission of Canada and of the on-going process of the Waitangi Tribunal of Aotearoa New Zealand. Contributors discuss the separate politics of Indigenous resurgence, linguistic justice, environmental justice and law. Further contributors present a theoretical symposium focused on The Conceptual Foundations of Transitional Justice, authored by Colleen Murphy, who provides a response to their comments. Indigenous and non-Indigenous voices from four regions of the world are represented in this critical assessment of the prospects for political reconciliation, for transitional justice and for alternative, nascent conceptions of just politics. Radically challenging assumptions concerning sovereignty and just process in the current context of settler-colonial states, Reconciliation, Transitional and Indigenous Justice will be of great interest to scholars of Ethics, Indigenous Studies, Transitional Justice and International Relations more broadly. With the addition of one chapter from The Round Table, the chapters in this book were originally published as a special issue in the Journal of Global Ethics.
Reconciliation, Transitional and Indigenous Justice presents fifteen reflections upon justice twenty years after the Truth and Reconciliation Commission of South Africa introduced a new paradigm for political reconciliation in settler and post-colonial societies. The volume considers processes of political reconciliation, appraising the results of South Africa's Commission, of the recently concluded Truth and Reconciliation Commission of Canada and of the on-going process of the Waitangi Tribunal of Aotearoa New Zealand. Contributors discuss the separate politics of Indigenous resurgence, linguistic justice, environmental justice and law. Further contributors present a theoretical symposium focused on The Conceptual Foundations of Transitional Justice, authored by Colleen Murphy, who provides a response to their comments. Indigenous and non-Indigenous voices from four regions of the world are represented in this critical assessment of the prospects for political reconciliation, for transitional justice and for alternative, nascent conceptions of just politics. Radically challenging assumptions concerning sovereignty and just process in the current context of settler-colonial states, Reconciliation, Transitional and Indigenous Justice will be of great interest to scholars of Ethics, Indigenous Studies, Transitional Justice and International Relations more broadly. With the addition of one chapter from The Round Table, the chapters in this book were originally published as a special issue in the Journal of Global Ethics.
This volume addresses the role and importance of education for processes of transitional justice. In the aftermath of conflict and mass violence, education has been one of the tools with which societies have sought to achieve positive transformation. While education has the potential to trigger, maintain, and exacerbate conflict, it has also been designed to promote a deeper, more nuanced understanding of the past and to advance reconciliation, peacebuilding, and prevention. The original contributions in the book reflect on lessons learned from education policies of the past in post-conflict societies and seek innovative, sustainable, and context-sensitive grassroots approaches, designed to advocate critical thinking, values of inclusion and tolerance, and ultimately a culture of peace.
Transitional Justice is a range of processes made by policies and measures that allow dealing with the evil past after a protracted civil war or dictatorship regime. It aims at accountability, putting an end to impunity and restoring relationships by reconciliation and in rendering Justice to the victims of mass violations of human rights. Justice in a post-conflict state is a baffling issue. It quests to know the truth about what happened, whose truth is it, and who is benefiting from it? In this course, we will focus on these 8 points: the origin of Transitional Justice, the success or the Failure of Truth Commissions, Indigenous Justice, Reconciliation, Reparative and Restorative Justice, Amnesty, international and national courts. We look at Indigenous Justice in Africa such as Kpaa Mende, Magamba spirit, Ubushingantahe and Gacaca. From the South African truth commission to the Gacaca jurisdictions, we will try to understand how the transitional justice mechanisms are shaped by circumstances. As this course is designed for Burundian students, particular attention will be paid to the establishment of the transitional justice in that country.
The concepts of reconciliation and transitional justice are inextricably linked in a new body of normative meta-theory underpinned by claims related to their effects in managing the transformation of deeply divided societies to a more stable and more democratic basis. This edited volume is dedicated to a critical re-examination of the key premises on which the debates in this field pivot. The contributions problematise core concepts, such as victimhood, accountability, justice and reconciliation itself; and provide a comparative perspective on the ethnic, ideological, racial and structural divisions to understand their rootedness in local contexts and to evaluate how they shape and constrain moving beyond conflict. With its systematic empirical analysis of a geographic and historic range of conflicts involving ethnic and racial groups, the volume furthers our grasp of contradictions often involved in transitional justice scholarship and practice and how they may undermine the very goals of peace, stability and reconciliation that they seek to promote. This book was originally published as a special issue of Ethnic and Racial Studies.
This book draws attention to the issues of Indigenous justice and reconciliation in Taiwan, exploring how Indigenous actors affirm their rights through explicitly political and legal strategies, but also through subtle forms of justice work in films, language instruction, museums, and handicraft production. Taiwan’s Indigenous peoples have been colonized by successive external regimes, mobilized into war for Imperial Japan, stigmatized as primitive "mountain compatriots" in need of modernization, and instrumentalized as proof of Taiwan’s unique identity vis-à-vis China. Taiwan’s government now encapsulates them in democratic institutions of indigeneity. This volume emphasizes that there is new hope for real justice in an era in which states and Indigenous peoples seek meaningful forms of reconciliation at all levels and arenas of social life. The chapters, written by leading Indigenous, Taiwanese, and international scholars in their respective fields, examine concrete situations in which Indigenous peoples seek justice and decolonization from the perspectives of territory and sovereignty, social work and justice. Illustrating that there is new hope for real justice in an era in which states and Indigenous peoples seek meaningful forms of reconciliation, this book is an invaluable resource for students and scholars of Taiwan Studies, Indigenous Studies and Social Justice Studies.
This book examines the practice of transitional justice in the Solomon Islands from the period of the ‘The Tensions’ to the present. In late 1998, the Solomon Islands were plunged into a period of violent civil conflict precipitated by a complex web of grievances, injustices, ethnic tensions, and economic insecurities. This conflict dragged on until the middle of 2003, leaving an estimated 200 people dead and more than 20 000 displaced from their homes. In the time that has elapsed since the end of The Tensions, numerous—at times incompatible—approaches to transitional justice have been implemented in the Solomon Islands. The contributors to this volume examine how key global trends and debates about transitional justice were played out in the Solomon Islands, how its key mechanisms were adapted to meet the specific demands of post-conflict justice in this local context, and how well its practices and processes fulfilled their perceived functions.
The book is an accurate and accessible introduction to the complex and dynamic field of transitional and post-conflict justice, providing an overview of its recurring concepts and debated issues. Particular attention is reserved to how these concepts and issues have been addressed, both theoretically and literally, by lawyers, policy-makers, international bodies, and other actors informing the practice. By presenting significant, if undeniably disputable, alternatives to mainstream theories and past methods of addressing past injustice and (re)building a democratic state, the work aims to illustrate some foundational themes of transitional justice that have emerged from a diverse set of discussions. The author’s position thus arrives from a careful analysis of the advantages and disadvantages of answers to the question: how, after a traumatic social experience, is justice restored?
This book addresses the theoretical underpinnings of the field of transitional justice, something that has hitherto been lacking both in study and practice. With the common goal of clarifying some of the theoretical profiles of transitional justice strategies, the study is organized along crucial intersections evaluating aspects connected to the genealogy, the nature, the scope and the most appropriate methodology for the study of transitional justice. The chapters also take up normative and political considerations pertaining to specific transitional instruments such as war crime tribunals, truth commissions, administrative purges, reparations, and historical commissions. Bringing together some of the most original writings from established experts as well as from promising young scholars in the field, the collection will be an essential resource for researchers, academics and policy-makers in Law, Philosophy, Politics, and Sociology.
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.
This book explores indigenous and traditional, non-state transitional justice mechanisms used in two South African countries where there were no formal transitional justice mechanisms after protracted violence. It details how communities delve into their history and modes of everyday living in order to resolve conflict and achieve reconciliation.
This book focuses on the formal and informal reconciliation processes during conflict and post-conflict periods in various locations in the Asia-Pacific, and includes cases studies based on primary research conducted in countries such as Cambodia, Timor-Leste, Nepal, Sri Lanka, Pakistan, India, South Thailand, Bougainville and the Solomon Islands. It offers insights to further our understanding of the social and political processes of reconciliation in a region that has witnessed numerous armed conflicts, many of them perpetuating over generations. The book also draws lessons from the richness arising from diversity in terms of religious and cultural practices, social life, and forms of government and governance, and through the exploration of theories and practices of reconciliation in conflict and post-conflict contexts in the region. It provides useful reference material for researchers, academics, policy makers and students working in the areas of peacebuilding, conflict transformation, reconciliation, social cohesion, development, transitional justice and human rights in the Asia and Pacific region.
