Justices en mutation au Burundi: les défis du pluralisme juridique
In: Afrique contemporaine: la revue de l'Afrique et du développement, Heft 2/250, S. 55-80
ISSN: 0002-0478
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In: Afrique contemporaine: la revue de l'Afrique et du développement, Heft 2/250, S. 55-80
ISSN: 0002-0478
World Affairs Online
In: Estudios políticos, Heft 42, S. 13-36
World Affairs Online
In: Peace psychology book series
Chapter 1. Psychology and Human Rights. An introduction -- Section I -- Chapter 2. Psychology and Human Rights in Chile. Assistance, Registration, Denunciation, Rehabilitation, and Reparation -- Chapter 3. Method of Forced Disappearance and Trials for Crimes Against Humanity: A Dialogue between the Legal and Subjective Dimensions. Specifics of the Argentine Case -- Chapter 4. Locating Children Appropriated by Dictatorships of the Southern Cone: Questioning Identities -- Chapter 5. Photography and Film in the Experience of Identity Restitution: Writing with Light -- Section II -- Chapter 6. The Method and Methodology of Psychosocial Accompaniment Work: A Contribution for At-Risk Defenders in Mexico -- Chapter 7. Construction of a Model of Psychosocial Care and Support. Training of Peer Psychosocial Companions: An Experience from Mexico -- Section III -- Chapter 8. Psychotherapy with Former Political Prisoners in Uruguay: The Vision of the therapists -- Chapter 9. Arpilleras of Sexual and Domestic Violence in Post-War Guatemala: Accompaniment in Processes of Psychosocial Reparation -- Chapter 10. Group Therapeutic Strategies and Human Rights. Human Rights Violations in Chile -- Section IV -- Chapter 11. El Mozote Massacre: Expert Research and Challenges of Psychosocial Reparation -- Chapter 12. Psychosocial Work in the Transitional Justice Framework: The Women of Sepur Zarco -- Chapter 13. Contribution of the Psycho-forensic Evidence in the Inter-American Court in the Case of Lonkos and Mapuche Indigenous Leaders versus Chile. Section V -- Chapter 14. Testimony and Symbolic Reparation: The Clinica do Testemunho Project in Rio de Janeiro -- Chapter 15. The Clinics of Testimony: New Ways of Recognition through Group Listening to Military Personnel -- Chapter 16. Colonia Dignidad: Lights and Shadows in the Recognition of the Victims -- Section VI -- Chapter 17. Political Transition and Social Reparation in Venezuela: Challenges of Democratic Reconstruction -- Chapter 18. Psychology and Human Rights in Colombia: Contributions to Peacebuilding -- Chapter 19. Working Mental Health in Peru.
World Affairs Online
Una tendencia común entre los procesos de paz recientes es el uso de acuerdos de amnistía como mecanismos para restablecer el imperio de la ley y devolver la democracia al país. Sin embargo, la comunidad internacional sigue siendo renuente a aprobar su uso. Tanto los defensores de los derechos humanos y las organizaciones internacionales se han opuesto vehementemente a la elección de los acuerdos de amnistía, pues son vistos como cortinas de humo que promueven la impunidad. Pero para otros, los acuerdos de amnistía siguen siendo una forma legítima, plausible e incluso aceptada por el Derecho Internacional para lograr la paz e incluso lograr niveles de justicia en sociedades en transición. El propósito de este trabajo es examinar "la cuestión paradójica" sobre si los acuerdos de amnistía exigen la paz a expensas de la justicia. En concreto, se pretende estudiar si los acuerdos de amnistía pueden ayudar o contribuir en el logro de la justicia, especialmente cuando dichos acuerdos se complementan con mecanismos alternativos de justicia tales como comisiones de la verdad, reparaciones y reformas institucionales. El primer acápite de este artículo abordará la definición de los acuerdos de amnistía, el segundo mostrará el percepción cambiante que la comunidad internacional les ha dado; el tercer acápite propone una definición de justicia que se utilizará para fines de este documento; y el acápite final analizará el caso de Sudáfrica y el caso de Timor Oriental como dos ejemplos diferentes de cómo se puede aplicar la amnistía en los procesos de paz. Lo anterior, con el fin de determinar hasta qué punto ambos países lograron, a pesar de los acuerdos de amnistía, brindarle justicia a sus ciudadanos. ; A common trend among recent peace processes is the use of amnesty agreements as a mechanism to restore the rule of law and bring democracy back to the country. However, the international community is still reluctant to endorse them. Both human rights advocates and international organizations such as the United Nations have vehemently opposed the choice of amnesty. However, for others, amnesty agreements are still a legitimate and plausible way to achieve peace and even justice. Thus, the purpose of this paper is to examine the "paradoxical question" of whether amnesty agreements require peace at the expense of justice. Specifically, it purports to study whether amnesty agreements can aid or contribute in the achievement of justice, especially when the agreement is coupled by alternative justice mechanisms, such as truth commissions, reparations, and vetting. Section 1 of this paper will address the definition of amnesty agreements; section 2 will approach the "changing" perception the international community has given to them; section 3 will propose a definition of justice to be used for purposes of this paper; and section 4 will analyze the South African and the East Timor case, as two different examples of how amnesties can be applied in peace processes and to what extent both countries accomplished to bring justice to their people. The cases of South Africa, East Timor were chosen; primarily because of the way they applied amnesty in order to pursue a certain purpose. Though each of these cases shows several caveats, they help to understand how amnesty agreements may be applicable in different contexts and may be implemented in different ways to reach different outcomes, and ultimately justice.
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In: Politics & gender, Band 16, Heft 3
ISSN: 1743-9248
This essay connects feminist political economy and critical/feminist transitional justice through the analysis of macroeconomic interventions in postwar Bosnia and Herzegovina. Previous contributions to Critical Perspectives have argued for the need to establish a dialogue and bring down divides between feminist security studies and political economy in feminist International Relations (Elias 2015; Chisolm and Stachowitsch 2017) and to look at the spaces where security and political economy intersect as a productive line of research (Sjoberg 2015). To build these connections, feminist scholars have stressed the importance of multidimensional concepts and questioned their unidimensional use whenever relevant. Security is certainly one of the concepts benefiting from a feminist critique that has opened up its meaning, with reference to its referent objects as well as its multiple dimensions (e.g., to include women's economic security alongside physical security; see Chisolm and Stachowitsch 2017; True 2015). Another concept that has been productively reframed as multidimensional by feminist scholars is violence (Bergeron, Cohn, and Duncanson 2017; Elias and Rai 2015; True 2012).
In: Human rights law review, Band 12, Heft 3, S. 602-606
ISSN: 1744-1021
In: Contemporary Arab affairs, Band 15, Heft 2, S. 3-24
ISSN: 1755-0920
World Affairs Online
Introduction: During the Peruvian internal armed conflict, fifteen members of the Santa Barbara community were collectively executed by state agents, and their relatives were made victims of persecution, torture, and imprisonment. The case, known as the Santa Barbara massacre, was brought to the Inter-American Court of Human Rights. The documentation of individual, family and community impacts for the Court became a challenge due to the need to address cultural, geographical, political and community aspects. This paper aims to discuss the complexities of forensic documentation of human rights violations using a psychosocial and communitarian background. Method: The assessment included seven survivors from three different families. Both qualitative and quantitative instruments were used. A participative action research framework guided the design, documentation process, and discussion of outcomes with the survivors. Results/ discussion: The report included four levels of documentation exhibited in the Istanbul Protocol framework: clinical impacts from a western perspective, emic formulations and cultural idioms of distress, communitarianperspectives, and a proposal of reparation measures for the Court. Individual analysis revealed chronic mental health sequelae of forced displacement, imprisonment and torture. Local idioms of distress (in Quechuan, "pinsamientuwan," "llaki," "ñakary," "umananay" and "iquyay") deepened the understanding of the damage faced by the survivors. The analysis of the community uncovered three main areas of collective damage: broken social and cultural identity, lack of political participation, and loss of perspective on the future. Regarding reparations, survivors highlighted the pursuit for justice, the dignified remembrance of their loved ones, social re-inclusion of displaced persons into the community, education for offspring, and measures for the preservation of their community's identity and culture. Conclusions: Psycholegal accompaniment for victims through a participatory research approach is essential for the proper documentation of the consequences of violence in complex contexts. It is also essential in guaranteeing that the forensic documentation of the impact of political violence can be proposed as reparative for the survivors in itself.
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Michaela Bolton studied law and philosophy before obtaining her LL.B. degree from the University of Cape Town, South Africa. During her university years, she participated in various community service initiatives in disempowered South African communities. This exposure contributed to her keen interest in the law's ability to deliver a society from a past of systemic human rights abuses, to a reality of unity and dignity. Michaela is an admitted attorney in South Africa and hopes to return to practice in the public interest sector. She is currently enrolled in New York University School of Law's LL.M. program, where she is a Transitional Justice Leadership Scholar at the Center for Human Rights and Global Justice. Her research interests include constitutional law, human rights, legal philosophy and transitional justice. ; The end of Apartheid marked the beginning of a South Africa that belongs to all who live in it. It was recognised by the Constitution that the pursuit of national unity required reconciliation. In response, the Truth and Reconciliation Committee ("TRC") was established. Its central focus was to "promote unity and reconciliation in a spirit of understanding which transcends the conflicts and divisions of the past". The TRC identified at least three levels at which reconciliation needs to take place: reconciliation between victims and perpetrators; reconciliation at the community level; and reconciliation between the beneficiaries and the victims of the crime of Apartheid. At the outset, the TRC recognised the magnitude of this exercise. Its quest for truth was viewed as a contribution to a much longer-term goal. The TRC gave its attention to uncovering the truth about gross violations of human rights. The decision was made to focus not on the effects of laws passed by the Apartheid government, but on human rights violations committed as specific political-criminal acts against specific individuals. Reconciliation at the first level (that between victims and perpetrators) was prioritised at the expense of second- and third-level reconciliation. This begs the question of how the reconciliatory dialogue initiated by the TRC could be extended to the people that fell outside of the TRC's purview. I argue that one of the most effective ways to pursue reconciliation at a community and national level is through cultural interventions. Often neglected as a mechanism of transitional justice, these interventions may be an integral stepping stone between the first-level individual reconciliation aspired to by a truth commission, and the broader reconciliation so indispensable after a regime of systemic human rights abuses. ; Law
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In: TRANSITIONAL JUSTICE AND RULE OF LAW: INSTITUTIONAL DESIGN AND THE CHANGING NORMATIVE STRUCTURE OF POST-AUTHORITARIAN SOCIETIES, Adam Czarnota and Stephan Parmentier, eds., Intersentia Publishers, Cambridge/Antwerp/Portland, 2013
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This book discusses the experiences of women negotiating conflict and post-conflict situations to deliver transformative peace. Inspired by the vision and values of women of the South Asian Peace Network, this volume fills a critical gap in the global Women, Peace and Security (WPS) discourse. The chapters focus on the region's multifaceted experiences and feminist expertise on women negotiating post-war/post-conflict situations structured around interlinked themes - women, participation and peacebuilding; militarization and violent peace; and justice, impunity, and accountability.
In: Comparative European politics, Band 11, Heft 2
ISSN: 1740-388X
A review essay covering books by 1) Roman David, Lustration and Transitional Justice: Personnel Systems in the Czech Republic, Hungary and Poland (2011), 2) Monika Nalepa, Skeletons in the Closet: Transitional Justice in Post-Communist Europe (2010), and 3) Myra A. Waterbury, Between State and Nation: Diaspora Politics and Kin-State Nationalism in Hungary (2010).
"The twentieth century has left behind a painful and complicated legacy of massive trauma, monstrous crimes, radical social engineering, or collective/individual guilt syndromes that were often the premises for and the specters haunting the process of democratization in the various societies that emerged out of these profoundly de-structuring contexts.
The present collection of essays is a state of the art reassessment and analysis of how the interplay between memory, history, and justice generates insight that is multifariously relevant for comprehending the present and future of democracy without becoming limited to a Europe-centric framework of understanding. The volume is structured on three complementary and interconnected trajectories: the public use of history, politics of memory, and transitional justice."
In: Routledge international handbooks
The Routledge International Handbook on Decolonizing Justice focuses on the growing worldwide movement aimed at decolonizing state policies and practices, and various disciplinary knowledges including criminology, social work and law. The collection of original chapters brings together cutting-edge, politically engaged work from a diverse group of writers who take as a starting point an analysis founded in a decolonizing, decolonial and/or Indigenous standpoint. Centering the perspectives of Black, First Nations and other racialized and minoritized peoples, the book makes an internationally significant contribution to the literature. The chapters include analyses of specific decolonization policies and interventions instigated by communities to enhance jurisdictional self-determination; theoretical approaches to decolonization; the importance of research and research ethics as a key foundation of the decolonization process; crucial contemporary issues including deaths in custody, state crime, reparations, and transitional justice; and critical analysis of key institutions of control, including police, courts, corrections, child protection systems and other forms of carcerality. The handbook is divided into five sections which reflect the breadth of the decolonizing literature: • Why decolonization? From the personal to the global ; • State terror and violence ; • Abolishing the carceral ; • Transforming and decolonizing justice ; • Disrupting epistemic violence. This book offers a comprehensive and timely resource for activists, students, academics, and those with an interest in Indigenous studies, decolonial and post-colonial studies, criminal legal institutions and criminology. It provides critical commentary and analyses of the major issues for enhancing social justice internationally.
In: Annual Survey of International and Comparative Law, Spring, Vol. 14, Issue 1, 2008
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