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Abstract

Reparations for victims of gross human rights violations are becoming an increasingly acknowledged feature in post-authoritarian and post-conflict societies coping with the legacy of a violent past. Despite some recent progress much more work needs to be done for massive reparations programs to respond better to the needs of women. This article, resting as it does on a comprehensive conception of reparations, outlines both the procedural and substantive components of reparations programs necessary for the programs to fulfill the goal of providing (partial) justice to women.

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... A major critique emerging out of the literature (Ahwireng-Obeng, 1993;Couillard, 2007;Nuruddin, 2002;Rubio-Marín & Greiff, 2007;Shelton, 2010;Walker, 2009) on reparations programmes is the limited participation of females in these programmes. The absence of women and girls is troubling, given the adverse impact of conflict and violence on them (Plümper & Neumayer, 2006;True, 2012). ...
... Critics of reparations programmes have often noted the limited participation of women in these programmes (Bell & O'Rourke, 2007;Rubio-Marín, 2009;Rubio-Marín & Greiff, 2007) especially since the participation could translate into agency for women. In as much as participation promises agency for women, their exclusion "from the process of designing reparations programmes, the definition of violence to be repaired, the criteria for defining beneficiaries, the benefits given by way of reparations and the implementation of reparations programmes' risk undermining their agency" (Bell & O'Rourke, 2007). ...
Article
With increased attention to the needs of women in conflict and post-conflict situations, a multitude of resolutions on Women, Peace and Security have been adopted at the international level. Security Council Resolutions 1325, 1820, and 2122 all reflect an increased recognition of the need to engage, monitor, and increase women’s participation in post-conflict recovery process. Although scholars on reparations have focused on the benefits that a gendered perspective brings to reparations programmes, scare research exists on the experiences of women years after the acquisition of reparation. This article investigates the lived experiences of female beneficiaries of Ghana’s reparations programme 8 years after completion of the programme. It highlights the violence experienced by four female beneficiaries of the programme, showing the long-term impacts of violence on their lives. The article reveals the reparations programme’s inability to adequately address the effect of violence on the lives of female beneficiaries.
... Catalyzed through legal recognition within international criminal law -and especially at the International Criminal Tribunals for Rwanda (ICTR) and the former Yugoslavia (ICTY) -that rape and sexual violence can constitute crimes against humanity and genocide, the past two decades have witnesses increasing efforts towards justice in response to wartime gender violence (Buss, 2009). Consequently, and despite increasing consideration for SGBV by diverse transitional justice mechanisms, including reparations (Rubio-Marín and de Greiff, 2007;Walker, 2016) or truth and reconciliation commissions (Theidon, 2012), transitional justice literature and praxis in the context of sexual violence is dominated by a heavy emphasis on retributive justice and criminal prosecutions (Henry, 2009). This focus on trial justice in the context of armed conflict thereby mirrors the disproportionate attention paid to conventional criminal justice systems in response to sexual violence in the context of (Western) liberal democracies (see McGlynn and Westmarland, 2018). ...
... These gendered blind spots in Uganda are mirrored by practical and conceptual gaps in the legal and policy framework for reparations addressing conflict-related sexual violence globally. While increasing attention is paid to women's wartime experiences and female sexual violence survivors in relation to reparations (Walker, 2016), albeit characterized by various limitations (Rubio-Marín and de Greiff, 2007), 'tailored intervention to address male-centred sexual harms remains elusive and marginalized' (Ni Aoláin et al., 2015: 109). Consequentially, 'violence against men is often unseen and unaccounted for when states and other international actors conceive and implement reparations' (p. ...
Article
This article examines how male survivors of wartime sexual violence in Northern Uganda conceptualize justice. Whereas recent years have witnessed increasing consideration for redressing conflict-related sexual and gender-based violence against women, specific attention to justice for male-directed sexual violence remains absent. Drawing on the empirically-grounded perspectives of 46 male survivors, this article incorporates the seldom-heard voices and perspectives of male wartime rape survivors into debates about justice in the context of sexual violence, thereby contributing towards a gender-inclusive and holistic understanding of gender justice debates. The findings underpinning this article demonstrate that male survivors’ justice priorities primarily centre around three interrelated themes: (a) justice as recognition, (b) government acknowledgement and (c) reparative justice. According to male survivors, these three aspects of justice imply the potential to respond to the misrecognition of male survivors’ experiences and to remedy their sexual and gendered harms in a reparative and gender-sensitive capacity.
... 21 CIDH. Caso Cantoral Huamaní y García Santa Cruz vs. Perú, excepción preliminar, fondo, reparaciones y costas, sentencia de 10 de julio de 2007, Serie C No. 167, párr. 79, 2007 Cabe resaltar que la Convención de Belén do Pará recoge el criterio sostenido por el Comité contra Todas las Formas de Discriminación de la Mujer 22 , el cual, desde 1992, estableció que "los Estados también pueden ser responsables de actos privados si no adoptan medidas con la diligencia debida para impedir la violación de los derechos o para investigar y castigar los actos de violencia e indemnizar a las víctimas" 23 . ...
... Administrative reparations programs might be preferable to judicial options in advancing gender justice because of the high expenses of litigation, the pain of cross-examination and the lack of confidence of many women victims, who are 'overrepresented among the poor', rarely possess rights-based knowledge and usually have heavy family obligations. 52 Also, collective reparations for women can be inclusive in involving laws on prevention of domestic violence and rape, gender-sensitivity training for police and military personnel, monitoring of enforcement agencies, improvement of social services for women, measures to address women's poverty, land rights, and economic opportunities and strong constitutional and equality protections for women. 53 While it is true that women should have access to these provisions independent of past injustices, they rarely do during violent conflict, so the changes introduced during post-conflict and transitional justice processes can in many ways be viewed as collective reparations. ...
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Ethical issues of justice and human rights are central to countries emerging from conflict. Yet involving women in transitional justice processes rarely is articulated in ethical terms. To make a case for an ethical commitment to improving women’s participation in these processes, the paper begins by exploring why transitional justice strategies should bother with gender. Women and men often experience conflict and injustices differently which may require different responses to redress harms suffered. Timor-Leste is used as a case study. The paper explores whether hybrid traditional and formal justice systems can address women’s justice claims in principle and specifically, when applied to Timor-Leste. The paper maintains that customary justice practices can be combined with conventional ones, but only when both practices adhere to international human rights conventions, which rarely happens where patriarchal practices are entrenched. The conclusion addresses what might be done to create gender-responsive justice systems given that they are crucial in building environments that are conducive to sustainable peace and security.
... 24 The reliance on the criminal justice system, as opposed to more flexible transitional justice measures, has also undercut the potential for more innovative reparations for CRSV unhindered by the manifold procedural and evidentiary obstacles it poses. 25 Further, the criminal justice approach has systematically under-documented CRSV, a fact that continues to pose substantial obstacles to any eventual effort to deliver reparations. This problem was especially acute for victims of CRSV. ...
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Both reparations and conflict-related sexual violence (CRSV) have been marginal to the story of the Northern Ireland transition from conflict. CRSV has received little formal acknowledgement, reflecting more fundamental gender-blindness in harm documentation and transitional justice in the jurisdiction. Likewise, reparations provision has been scant and piecemeal. The article documents the highly partial and deeply inadequate approach to reparations for CRSV in Northern Ireland throughout and after the conflict. We contend that the inadequacies of this approach have been so deficient as to in fact obscure – rather than illuminate – the manifestation of CRSV in the jurisdiction, thus undercutting an essential basis for effective reparations design and delivery in the future. The article ameliorates the identified absence of documentation and understanding of gendered harm in Northern Ireland, by offering a preliminary mapping of CRSV in the conflict. The article concludes that a transformative approach to reparations for CRSV in Northern Ireland would be one that advances recognition of both gender analysis and reparations as essential components of post-conflict justice in the jurisdiction.
... In theory, absent state collapse, the best way for women to claim rights should be through civic and political organizations that are capable of holding the existing state accountable for lack of protection. Citizen participation in humanitarian crisis and transitional justice is often mentioned as the appropriate way to guarantee human rights (De Greiff and Rubio 2007). However, there is little to no consideration in the literature of the risks of citizen participation in violent contexts, low-intensity conflict, or transitional situations, nor is there research on the ways that such participation actually occurs. ...
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How can we make sense of the use of legal claims and tactics under conditions of internal displacement and armed conflict? This article argues that in violent contexts mobilization frames are unstable and constantly shifting, resources tend to vanish, and political opportunities often imply considerable physical danger. It is grounded on a three-year, multimethod study that followed internally displaced women's organizations as they demanded government assistance and protection in Colombia. Through detailed examples of specific cases, this article illustrates the constraints of legal mobilization in violent contexts, as well as different social movement strategies of resistance. It, thus, contributes to decentering theories of social movement uses of law that tend to be based on the legal cultures and institutions of industrialized liberal democracies, rather than on those of the Global South, and hence, tend to exclude violence.
... While resource constraints must obviously be acknowledged, the exclusion of subsistence harms from reparations programmes often stems from the continued adherence to traditional, gendered concepts of violence, which automat- ically privilege civil/political rights violations without interrogating the severity of the harms perpetrated. 86 While reparations remain conceptually limited in focusing on restoring victims to their previous condition and obfuscating the multifaceted needs of survivors, reparations do constitute tangible forms of acknowledgement of harms experienced. 87 Although it may not always be possible to redress subsistence harms, the exclusive focus on civil/political rights violations fails to recognize that such restricted application of reparations may foster further grievances and be detrimental to societal reconciliation. ...
Article
Deprivations of subsistence needs, involving attacks on homes, livelihoods and basic resources, constitute a discreet and direct form of violence but remain marginalized within transitional justice. The article introduces the concept of ‘subsistence harms’ to name deprivations of the physical, mental and social needs of human subsistence, perpetrated with intent or with knowledge of the inevitable consequences of such deprivations. The concept seeks to promote more coherent and comprehensive recognition of these harms within transitional justice, as well as tighter categorization of harms related to socioeconomic concerns and a clearer understanding of the scope of transitional justice. As direct harms, subsistence harms can, and should, be comprehensively addressed by transitional justice mechanisms. Nevertheless, some realignment of thinking may be required to contest dominant concepts of violence and the limitations of the existing legal framework in order to enable the essence of these harms to be recognized.
... Reparation programs for victims of human rights violations are increasingly acknowledged as a central feature of doing justice in post-conflict societies (Rubio-Marín & De Greiff, 2007). The traditional restorative approach on reparations has recently been broadened by the concept of transformative reparations that were recommended by the ICC and the UN Secretary General (2014). ...
Article
This article addresses the challenges that integral reparation programs meet when aiming to respond to multiple victimization experienced by displaced women. By adopting the ethnographic concept of “frictions” (Tsing, 2005), I analyze four dimensions of discursive frictions that occur surrounding reparative practice backed by the Law on Victims and Land Restitution and its multiple local encounters and dis-encounters when compensating multiple victimization in the post-conflict of Medellín. Like other studies have identified shortcomings of the idealistic and innovative Colombian reparation program, it becomes evident that the integral reparation efforts fall short in addressing the real complexity of interrelated and multiples victimizations in the urban context. Respectively the paper addresses the question of how experiences of compound victimization are considered within their temporal beginnings, continuities and endings. Derived from field research and problem-centred interviews conducted in 2017 the paper draws on a perspective of compound harm to understand the complexity of multiple victimization experienced by forcibly displaced women.
... Lastly, beyond redressing harm suffered by victims, there are also potential security benefits arising from material reparations for peacebuilding. The redistributive aspect of reparations can change the balance of power by empowering marginalized groups, especially women (Rubio-Marín and De Greiff 2007). At the same time, it can increase people's interest in post-war peace (Sriram 2007) and, if matched by symbolic reparations, their trust in the post-war regime (De Greiff 2008). ...
Article
This article explores the patterns of distribution of material reparations (compensation) for victims and veterans in post-1995 Bosnia and Herzegovina. Drawing on bottom-up approaches to reparative justice and critical peacebuilding, it explains the existing material reparation schemes in Bosnia as outcomes of the post-war transition and interests of the main transitional actors. It first explores the different approaches to war-related compensation for victim and veteran groups and then demonstrates that veterans have formed powerful pressure groups, drawing on extensive political and economic resources. Their organizations have been receiving socioeconomic support in exchange for electoral endorsement and public political support. As victims are fragmented ethno-nationally, by categories, and also lack capacities, their means to leverage the authorities for change are limited, even when matched with NGO and international support. This paper argues that unless material reparation is distributed in a transparent and consistent manner, it may create additional social cleavages and tensions.
... Reparations programs have also been developed in conjunction with or as alternatives to truth commissions in several countries (Rubio-Marin & de Greiff, 2007). The purpose of reparations, which may be material or symbolic, is to contribute towards the repair of the damage suffered by victims who have suffered physical violations, property destruction or job loss. ...
Article
Mass violence, armed conflict, genocide, and complex humanitarian emergencies continue to create major social and public health disasters at the dawn of the 21st Century. Transitional justice, a set of policies designed to address the effects of war on traumatized communities and bring justice, lies at the nexus of public health, conflict, and social reconstruction. Despite the paucity of empirical evidence, advocates of transitional justice have claimed that it can alleviate the effects of trauma, deter future violence, and bring about social reconstruction in war-affected communities. Empirical evidence--including new data and analyses presented in this article--suggests a link between trauma, mental health and attitudes towards and responses to transitional justice programs, but there has been little theoretical discussion about the intersection between public health and transitional justice, and even less empirical research to generate discussion between these two fields. Yet, public health professionals have an important role to play in assessing the impact of transitional justice on communities affected by mass violence. In this paper, we offer a conceptual model for future research that seeks to examine the relationship between transitional justice programs and their potential value to the fields of medicine and public health and discuss the methodological issues and challenges to a comprehensive evaluation of this relationship. To illustrate the discussion, we examine new data and analyses from two cases of contemporary conflicts, eastern Democratic Republic of Congo (DRC) and northern Uganda.
... "When reparations are thought of as part of a political project of (re)creating a more legitimate, democratic and inclusive political order, rather than of reverting to a broken past, they open a window of opportunityeven if smallfor women to endorse forms of reparations that depart from settled practices and norms that are so frequently part of pre-existing gender hierarchies." 61 Whereas traditionally all reparations have targeted the head of household, a victim-centred transitional justice can challenge the assumption of congruent interests among all family members. Payments can be made to the wives of the disappeared, and to ensure that money is not taken from them by family members it can be paid as a regular pension that would serve to raise their status in the household and reduce stigmatisation. ...
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Transitional justice aims to address issues arising from violations committed during conflict or political violence. It does this however in largely prescriptive and institutional ways, often elite led and subject to existing power relations; as a result many transitional processes fail to consider the demands of transition of victims of conflict and in particular those most socially excluded such as women. Here an effort is made to steer a "victim-centred" transitional justice by considering the priorities of the wives of the disappeared. Whilst disappearance is a violation mostly perpetrated by men on men, wives of the disappeared are most impacted by it. This empirical study uses participatory and ethnographic research methods to understand the needs of the wives of those disappeared during Nepal"s Maoist insurgency. It is seen that an answer regarding the fate of the disappeared, economic support and social issues are their priorities and that they have been ill-served by the lack of transitional mechanisms and by civil society"s emphasis on an exclusively prosecutorial agenda. A victim-centred transitional justice is likely to be one that consults broadly with such victims, and dispenses with the narrow legalism that dominates the discourse today.
... Reparations have of late received a lot of attention as a tool to re-adjust socioeconomic consequences of colonialism and conflict, and thereby broaden the scope of transitional justice to also encompass long-term development (Couillard 2007;Rubio-Marín and de Greiff 2007;Bernstein and Siebel 2011). Reparations have the potential to draw attention to the social and economic dimensions of violence, including the 'racialization' as well as 'feminization' of poverty that colonialism and conflicts further entrench, and the potential of transitional justice to create opportunities for equity. ...
Article
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Peacebuilding approaches have placed emphasis on the restoration of political relationships and symbolic notions of community reconciliation, paying limited attention to the material causes of violence. In South Africa, the historical structural economic violence has been maintained, and after the formal end of apartheid, a lack of equitable distribution of resources is ongoing. This article conceptually and empirically argues that distributive justice measures are a way of compensating those affected by structural economic violence and addressing structural inequalities. Spatial reparations, we argue, could support readjustment of the socio-economic causes and consequences of violence in conjunction with promoting social justice.
Article
Research on the (promised) effects of transitional justice efforts on victims of civil conflicts remains rare. This article seeks to advance the field of research in two ways. First, this article focuses on how Peruvian victimhood became politicized as a consequence of a promised transitional justice mechanism: the Peruvian reparation program. Second, by highlighting the diverse motivations of members of grassroots victims' organizations, it brings to the fore important lessons on the successes and challenges of this transitional justice mechanism.
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This article examines efforts to account for missing persons from the apartheid era in South Africa by family members, civil society organizations and the current government's Missing Persons Task Team, which emerged out of the Truth and Reconciliation Commission process. It focuses on how missing persons have been officially defined in the South African context and the extent to which the South African government is able to address the current needs and desires of relatives of the missing. I make two main arguments: that family members ought to have an active role in shaping the initiatives and institutions that seek to resolve the fate of missing people, and that the South African government ought to take a more holistic 'grave-to-grave' approach to the process of identifying, returning and reburying the remains of the missing.
Article
Transitional Justice (hereafter: 'TJ') has been the object of great attention in conflict and post-conflict societies. The concept deals with justice in societies in transition, either post-conflict or during an ongoing conflict; it entails a series of measures which could be judicial and/or non-judicial in nature. Its success depends on to what extent it contributes to true reconciliation and the consolidation of democracy and the domestic judicial system (para. 1). Experience shows that the quest for justice often conflicts with the mostly official efforts towards peace. Indeed, TJ aims at ensuring justice and peace at the same time but refraining from criminal prosecution and/or punishment seems sometimes necessary to facilitate a peaceful transition (para. 3), the issuing of an amnesty being the most important technique of exemption from criminal prosecution (para. 5). In any case, whether the absence of criminal prosecution contributes to reconciliation depends on the framing of this concept and the circumstances of each case (para. 4). 2. To develop the legal framework of TJ and, ultimately, to establish some more or less precise guidelines for peace negotiations within the framework of transition, necessary to 'judicialize' the politics of TJ (para. 6), one must first determine the contents of the justice element in TJ. Justice in this sense is to be understood broadly, going beyond mere criminal justice and including certain key elements such as accountability, fairness in the protection and vindication of rights and the prevention and punishment of wrongs (para. 2). 3. The legal substance of the justice element or interest has as a starting point the duty to prosecute the international core crimes as defined in Art. 6–8 of the ICC Statute (para. 8). While this duty would almost logically lead to a prohibition of amnesties or other exemption measures regarding these crimes (para. 9) the broad concept of justice applicable in TJ calls for a more sophisticated approach. On the one hand, the justice interest is to be complemented by the rights of victims of 20 K. Ambos international core crimes (para. 10-11); these rights go well beyond criminal prosecution and include, besides a right to justice, the rights to truth and reparation in a broad sense (para. 11). On the other hand, as another consequence of a broad concept of justice, alternatives to criminal prosecution must be developed and applied (para. 12 et seq.), in particular (effective) Truth Commissions (para. 13 et seq.). In general, though, alternative measures can only complement, not substitute criminal justice (para. 10). To do so, they must offer a serious alternative way of dealing with the past and as such effectively take into account the interest of victims (para. 12). Ultimately, the admissibility of limitations of the justice interest depends on the result of a complex process of balancing of the conflicting interests which is carried out by a threefold proportionality test (para. 19 et seq.). This test leads, on the third stage of the proportionality stricto sensu, to some important limitations (ratione materiae and personae) and requirements (esp. some form of accountability) to be taken into account to assess the admissibility of exemption measures (para. 21). From the above analysis follows a bifurcated approach as to the admissibility of amnesties (para. 23 et seq.): On the one hand, blanket amnesties are generally inadmissible (strict approach) since their primary goal is to completely conceal past crimes by prohibiting any investigation (para. 24 et seq.); on the other, conditional ('accountable') amnesties are, in principle, admissible (flexible approach) since they do not – unlike blanket amnesties – automatically exempt perpetrators from punishment but make the exemption conditional on certain acts or concessions by the benefiting person(s), e.g., unreserved promise to lay down arms, satisfaction of the victim’s legitimate demands, in particular by a full disclosure of the facts, acknowledgment of responsibility and repentance (para. 30 et seq.). 4. With the ICC a permanent accountability mechanism has been established (para. 34). It is part of the TJ project in that it may interfere in processes of transition and thus come into conflict with the parties on the ground. The Ugandan situation where the ICC has issued arrest warrants against leading members of the LRA is a vivid example of such a possible conflict. Yet, it must not be overlooked that the Prosecutor’s strategy only to prosecute the most responsible perpetrators and the most serious crimes (para. 36) limits the ICC’s 'interventionist' or 'monitoring' role considerably and leaves the bulk of the prosecutions to the domestic judicial systems which therefore still have an important role to play in bringing less important perpetrators and/or crimes to justice (para. 34). In any case, as to the most important cases, the question arises whether and, if so, to what extent national peace deals, including amnesties or other exemptions, may bar the ICC from exercising its jurisdiction. While this issue was not explicitly dealt with in the ICC Statute, the Statute is a flexible instrument which enables the Prosecutor and the Court to take transitional situations on the ground into account (para. 35). This follows from the broad discretion of the Prosecutor during the preliminary investigation (para. 35), the ICC’s judicial autonomy (para. 34, 36) and in particular three provisions of the ICC Statute, namely Art. 17 on complementarity, Art. 16 on the intervention by the Security Council and Art. 53 (1) (c), (2) (c) on the interest of justice. 5. Art. 17 tries to strike an adequate balance between the states’ sovereign exercise of (criminal) jurisdiction and the international community’s interest in preventing impunity for international core crimes by according prevalence to the State Parties if they are willing and able to investigate and prosecute the international core crimes (para. 37). The detailed analysis of the provision (para. 37 et seq.) shows that a national exemption measure (esp. an amnesty) as such does not make a case inadmissible; rather, the admissibility depends on the specific content and conditions of the measure (para. 44). If one applies this conclusion to certain scenarios (para. 44 et seq.) it follows that, as to full exemptions, only a conditional amnesty with a TRC may render a case inadmissible if an effective TRC grants an amnesty on an individual basis under certain strict conditions (para. 46); other full exemptions (blanket self-amnesty, conditional amnesty without a TRC) will not pass the complementarity test (para. 45, 47). In the case of partial exemptions, e.g., a considerable mitigation of punishment in exchange of demobilization and full cooperation, the admissibility in the sense of Art. 17 depends on the extent to which the respective process satisfies the justice interest, e.g., by employing alternative mechanisms of justice, in particular an effective TRC and/or non-punitive sanctions (para. 48). In the case of ex post exemptions, the admissibility depends exclusively on the criterion of 'genuine' willingness to prosecute in the sense of Art. 17 (1) (a), (b) or/and (2) (para. 49). Art. 16 gives the Security Council the faculty to suspend proceedings but leaves ICC’s competence to indirectly review the Council’s decision unaffected (para. 50). The interests of justice clause of Art. 53 (para. 51 et seq.) gives the Prosecutor an additional instrument to exercise his discretion going beyond the rather 'technical' Art. 17 (para. 51). Yet, this discretion does not convert the clause to a mere policy instrument irrespective of the legal criteria provided by it (gravity of the crime, interests of victims, age or infirmity of the alleged offender and the role of the perpetrator in the alleged crime); rather the Prosecutor has to take a legally substantiated decision in each individual case (para. 52). 1 Introduction 1. In recent years the issue of Transitional Justice (hereinafter 'TJ') has received increased attention in conflict and post-conflict societies. TJ, as understood in this study, 'comprises the full range of processes and mechanisms associated with a society’s attempts to come to terms with a legacy of large-scale past abuses, in order to ensure accountability, serve justice and achieve reconciliation'. While regime change is not at all a new phenomenon the concept of TJ is recent and innovative in that it recognizes the importance of 'justice' in processes of transition; in short, TJ deals with justice in transition. However, TJ is not limited to situations of post-conflict and/or regime change, in particular transition from dictatorship to 1 See.
Article
The article aims to contribute to feminist critiques of the treatment of gendered harm in international law, specifically in relation to socio-economic forms of violence. It focuses on deprivations of subsistence needs, in the form of forced displacement and attacks on homes, livelihoods and basic resources, as one particular type of gendered harm that has remained marginalized in international law. Whilst existing feminist research provides some significant insights into the gendered nature of socio-economic forms of violence, there has yet to be systematic analysis and conceptualizations of such harm. The article argues that the concept of subsistence harms, in foregrounding the interrelated physical, mental and social harms of deprivations of subsistence needs, provides a way both of contesting current concepts and framings of violence and of exploring gendered experiences of forced displacement and attacks on homes, livelihoods and basic resources. Whilst the concept only focuses on one particular type of harm, it could contribute to feminist discourse on gendered harm in providing a framework and language with which to analyse gendered experiences of these harms and therefore providing one way of taking the current debate forward.
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There has been much theorizing, but little empirical exploration, of the relationship between transitional justice (TJ) and economic structures. In this article, we articulate three models implicit in present studies: TJ as a roadblock to economic growth; TJ as a bridge to human development; and TJ as a vehicle of inequality. We then perform a plausibility probe of these models using a new cross-national dataset of human rights prosecutions, truth commissions and reparations. We find that TJ is correlated with both increasing inequality and human development, while it appears unrelated to economic growth. In order to clarify the nature of these relationships, we examine the case of Argentina. We conclude that TJ, while perhaps a byproduct of global inequalities across countries, does not necessarily contribute to the expansion of aggregate inequality within specific countries. In fact, it might provide some tools for resisting economic abuses.
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A gendered reading of the liberal peacebuilding and transitional justice project in Bosnia–Herzegovina raises critical questions concerning the quality of the peace one hopes to achieve in transitional societies. By focusing on three-gendered justice gaps—the accountability, acknowledgement, and reparations gaps—this article examines structural constraints for women to engage in shaping and implementing transitional justice, and unmasks transitional justice as a site for the long-term construction of the gendered post-conflict order. Thus, the gendered dynamics of peacebuilding and transitional justice have produced a post-conflict order characterized by gendered peace and justice gaps. Yet, we conclude that women are doing justice within the Bosnian–Herzegovina transitional justice project, and that their presence and participation is complex, multilayered, and constrained yet critical.
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This article examines the ongoing work of the Canadian Truth and Reconciliation Commission (TRC), which is charged with addressing that country's past policy of attempting forcibly to assimilate indigenous children in residential schools. It examines the TRC's mandate and its activities while assessing the Commission's conceptions of truth and reconciliation by placing these ideas in their societal context and explaining how they appear to have been produced. As the article shows, these conceptions reflect the prior struggles of victims against particular Canadian forms of indifference and denial, struggles that have led the TRC to take what recent literature calls a 'victim-centred' and, following Mikhail Bakhtin and Teresa Phelps, 'carnivalesque' approach. Despite the TRC's impressive strengths, the author argues that its approach unfortunately fosters the absence of a more detailed and accountability-promoting examination of the agents and institutions responsible for the injustices. Ultimately, this article is about the underlying sociology of knowledge production that shapes the Canadian TRC. © The Author (2012). Published by Oxford University Press. All rights reserved.
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This article analyzes how the current framework of retributive justice pursued by the UN International Criminal Tribunal for Rwanda fails to respect the human rights and to enable the well-being of Rwandan genocide survivors. Rwandan genocide survivors currently suffer from widespread poverty, lack of access to health care and housing, inadequate educational opportunity, and food insecurity and malnutrition. It calls for the application of restorative justice as an extension of the principle of the Responsibility to Protect for genocide survivors to be included in the remit of the Tribunal and UN humanitarian and development programs in Rwanda. It examines current and past restorative justice programs in various countries around the world to provide tangible examples of ways in which restorative justice can be implemented. It critically questions the moral logic of exclusive reliance on retributive justice that ignores the consequences of genocide by punishing the guilty without simultaneously assisting the victims. Finally, it urges that the Declaration of Basic Principles on Remedy and Reparation for Victims of Human Rights Violations and Article 75 of the Rome Statute of the International Criminal Court be applied to the work of the UN International Criminal Tribunal for Rwanda.
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This article discusses the advancement and constraints of gender justice for women victims of armed conflict and forced displacement in Colombia, with special reference to land restitution. Women constitute the overwhelming majority of rights claimants under the 2005 Justice and Peace Law and their rights have been supported by rulings of the Constitutional Court. Government response, however, has been insufficient. Women's claims are part of a broader political debate on the limits of victimhood and the costs of reparation, in which the need for restitution of land is reluctantly acknowledged. Displaced women have been more vulnerable to violent land seizures and they face greater security risks than men when attempting to reclaim their land. In this context, what approaches can Colombia use in designing a gender-sensitive land restitution program that is transformative of gender relations? The authors argue that special protection measures, land deeds for women and better access to justice must be included in transitional justice processes as a means of fostering gender-equitable development.
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In recent decades, transitional justice has featured on the political agenda of many post-authoritarian states. In Myanmar, where a partial but palpable transition is currently taking place, accounting for a dark past and securing a democratic future are key demands of opposition groups. However, elite-led reforms implemented after a March 2011 switch to quasi-civilian rule pay little attention to justice. This article thus surveys the possibilities for transitional justice in Myanmar, highlighting six major options: criminal prosecutions, a truth commission, a lustration programme, a reparations programme, a memory project and symbolic measures. Procedurally, the paper argues for local leadership supported by external engagement designed to ensure that basic global standards are met. Substantively, it explores tensions within transitional justice and across the wider reform process when such an agenda is pursued. To close, it holds that, while transitional justice may take years to gain a secure foothold in Myanmar, robust foundations should be laid now.
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This article contributes to an ongoing conversation among feminist scholars about what constitutes feminist positioning with regard to the central issues that define transitions from conflict or repression towards more liberal polities. The analysis suggests that the feminist presence in transitional justice is complex, multilayered and still in the process of full engagement. Concentrating on the genealogy of this presence, the article reflects on what are commonly invoked scholarly and policy reference points, showing how little gender analysis and women's issues entered into the discursive fray in the public and political arenas where the terminology of accountability emerged. The challenge in assessing feminist positioning is that an uncritical and narrowly liberal conception of gender equality directs our gaze away from the cultural, material and geopolitical sites in which transitional justice practices have emerged. The article explores the connections between transitional justice and identification of harms done to women, the importance of acknowledging these harms and the need to centre discussions of agency and autonomy in feminist approaches to structural political change in deeply divided societies.
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In recent years, scholars and practitioners of transitional justice and international criminal justice have increasingly emphasised the role of victims in post-atrocity justice processes, not only as witnesses but as active participants and beneficiaries of related reparations processes. At the same time, internationally run peacebuilding processes have developed detailed proceedings for disarmament, demobilisation and reintegration of excombatants, which include education and training, as well as frequent cash or other benefits. Yet, while these processes pertain to the same conflict, practitioners of each are not always sufficiently aware of the real or potential clashes between them, or the risks of overlap or linking them. Based on empirical evidence from a range of post-atrocity processes, this chapter seeks to outline these risks.
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[English below] Hasta el momento, la Corte Interamericana de Derechos Humanos (Corte IDH) ha abordado las situaciones de discriminación y violencia de género principalmente a partir de la aplicación de la Convención de Belém do Pará. Esto ha llevado a que se limite el análisis del daño ocasionado a una sola forma de violación de derechos humanos, lo que ha invisibilizado el sufrimiento de las víctimas y perpetuado el origen de las estructuras que mantienen las relaciones de poder entre géneros. Además, una revisión de la jurisprudencia reciente de la Corte IDH refleja la falta de claridad de criterios sobre cómo y cuándo se debe aplicar la perspectiva de género, lo cual ha dado lugar a poca consistencia y arbitrariedad en el uso de este enfoque. Por ello, resulta fundamental entender la perspectiva de género como un principio de interpretación obligatorio del corpus juris interamericano, cuya aplicación coherente resulta instrumental para alcanzar la igualdad en la región. --- Until now, the Inter-American Court of Human Rights (IACtHR) has addressed situations of gender discrimination and violence based mainly on the application of the Convention of Belém do Pará. This has limited the analysis of the harm caused to a single form of human rights violation, making the suffering of victims invisible and perpetuating the origin of the structures that maintain power relations between genders. Furthermore, a review of the recent jurisprudence of the IACtHR reflects the lack of clarity of criteria on how and when the gender perspective should be applied, which has generated arbitrariness and little consistency in the use of this approach. Therefore, it is essential to understand the gender perspective as a mandatory principle of interpretation of the inter-American corpus juris, whose coherent application will be instrumental in achieving equality in the region
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http://www.tandfonline.com/doi/full/10.1080/14678802.2016.1231842 Reparations are increasingly seen as potential avenues to address the socioeconomic structural injustices that have affected victims during conflict or authoritarian rule. Scholars, however, have identified serious limitations in these policies, emanating from faulty design, political reluctance, financial limitations, and uneven implementation. This article proposes a reconceptualisation of reparation policies by embedding them in a framework of reparative development. A theory of reparative development is outlined by discussing how principles emanating from key rulings of the Inter-American Court of Human Rights can be articulated to provide a conceptual link between transitional justice and development. This article argues that restitution should consider not only past damages but also lost life opportunities. Reparations should be both individual- and community-based, taking into account the supplemental policy actions required to make them both effective and sensitive to existing human insecurities. Finally, they need to involve local and grassroots organisations in their implementation.
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Cambridge Core - Human Rights - Realizing Reparative Justice for International Crimes - by Miriam Cohen
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This article examines transitional justice in Kenya, drawing on interviews and focus groups with survivors of the post-election violence of 2007–2008. Focusing particularly on the experiences of women and internally displaced persons (IDPs), it explores how survivors understood and negotiated waiting for reparations and analyses the effects of temporal uncertainty (around timing and scope) and of inequality (in relation to waiting times). Uncertainty and inequality contributed to survivors’ senses of passivity and exacerbated their feelings of marginalisation. To delay reparations for an uncertain time contributes to senses of continuity with the past, which transitional justice precisely seeks to disrupt. However, the study also demonstrates that waiting is not only endured, but at times actively resisted or rejected, which might be understood as a claim to ownership of local peace and exercise of peacebuilding agency but also as resistance against the dominant temporality of transitional justice. By framing survivors’ experiences with the scholarship on time and power and the “politics of waiting”, the research contributes to the literature on local experiences and understandings of transitional justice and to recent debates around its temporalities.
Article
Money justice—defined as money offered and paid to victims in the aftermath of wrongs—permeates society and everyday life. Current mechanisms of money justice are civil justice awards or out-of-court settlements for personal or cultural injury; redress programs or schemes for mass atrocities, political repression, historical injustice, and institutional abuse; and payments for war-related wrongs, terrorism, violent common crime, and contaminated blood products, among many others. In this article, we elucidate the concept of money justice, sketch the relationship of revenge and recompense in human history, distil relevant research, and put forward the money justice matrix, which provides a systematic way to analyse money payments (or lack of payments) in varied contexts of victimisation and with different justice mechanisms. Money justice is a new concept that analyses diverse wrongs studied in criminology, socio-legal studies, other social sciences, transitional justice, and historical injustice. Its contribution to new knowledge is two-fold. First, it will map and compare payments to survivors for diverse wrongs, investigate why payments differ, and assess inequalities in payments. Second, it will critically examine the money justice paradox. If, as victims say, money cannot recompense a wrong, why is money sought by victims and offered as justice? More generally, what does money achieve (or not achieve) as justice and for victims?
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The gender approach is enshrined in Law 1448 of 2011. With this law, the Colombian State seeks to provide reparation to the victims of the internal armed conflict. In this article we will reflect on its impact on a group of victims women, and the appraisals of its applicability, according to the experience of a group of public officials, social leaders and NGOs. The methodology used to collect the information has been qualitative, through semi-structured in-depth interviews and workshops with different actors. analysis leads to identify some key elements that obscure the legislative and jurisprudential successes that de Colombian State has achieved in terms of reparation with a gender approach. The results indicate the need to go beyond gender as a differentiating category, to achieve greater effectiveness in the reparation proposed to the victims.
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Con el fin reflexionar sobre el impacto que ha tenido el enfoque de género consagrado en la Ley 1448 de 2001, cuyo propósito es reparar a las víctimas del conflicto armado interno, el presente artículo desarrollará algunos apuntes respecto a las experiencias de un grupo de mujeres víctimas, y de un grupo de funcionarios/as públicos, líderes sociales y ONG. Para la recolección de la información se utilizó la metodología cualitativa, con entrevistas semiestructuradas en profundidad y talleres de trabajo con diferentes actores. El análisis conlleva a identificar algunos elementos clave que empañan los éxitos legislativos y jurisprudenciales que ha logrado el Estado colombiano en materia de reparación con enfoque de género. Los resultados indican la necesidad de ir más allá del género, como categoría diferenciadora, para lograr una mayor efectividad en la reparación propuesta a las víctimas.
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Since independence, Zimbabwe has recorded destabilising incidents of violent conflicts. These conflicts include the killing of around 20,000 civilians between 1983 and 1987 during an operation known as Gukurahundi. The normative processes that follow periods of violent conflict across the globe are peacebuilding initiatives in order to prevent the recurrence of violence. The study specifically assessed Zimbabwe’s newly enacted National Peace and Reconciliation Act (NPRA), juxtaposed with Rwanda’s Organic Laws of 2001. The aim was to draw practical lessons for post-conflict peacebuilding and reconciliation from Rwanda. The study was qualitative in approach, drawing data from primary and secondary sources. Research findings showed that importing justice mechanisms will be unsustainable due to domestic and international factors, including the lack of political will by the Zimbabwean government to follow punitive methods of peacebuilding. The findings showed that the Rwandan transitional justice system was limited in delivering justice for Hutus and some Tutsis. Given that the Rwandan system had its shortcomings, Zimbabwe can emulate certain aspects such as, incorporating indigenous justice practices, involving various stakeholders (local communities; the state and civil society) and combining retributive and restorative approaches to peacebuilding.
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Realizing Reparative Justice for International Crimes - by Miriam Cohen July 2020
Article
While gender perspectives have become a burgeoning focus of analysis in transitional justice, the dominant conceptualization of 'gender' in such processes is effectively an exclusive one. As a result, careful consideration for the roles of masculinities and for the experiences of sexual and gender minorities remains strikingly absent. To engage with these blind-spots, in this article I initiate a move towards a more inclusive understanding of gender in transitional justice, which includes masculinities and queer perspectives. I also indicate how a move from the macro- to the micro-level of TJ implies opportunities and challenges for more inclusive understandings of gender.
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Post-conflict interventions to ‘deal with’ violent pasts have moved from exception to global norm. Early efforts to achieve peace and justice were critiqued as ‘gender-blind’—for failing to address sexual and gender-based violence, and neglecting the gender-specific interests and needs of women in transitional settings. The advent of UN Security Council resolutions on ‘Women, Peace and Security’ provided a key policy framework for integrating both women and gender issues into transitional justice processes and mechanisms. Despite this, gender justice and equality in (post-)conflict settings remain largely unachieved. This article explores efforts to attain gender-just peace in post-conflict Bosnia and Herzegovina (BiH). It critically examines the significance of a recent ‘bottom-up’ truth-telling project—the Women’s Court for the former Yugoslavia—as a locally engaged approach to achieving justice and redress for women impacted by armed conflict. Drawing on participant observation, documentary analysis, and interviews with women activists, the article evaluates the successes and shortcomings of responding to gendered forms of wartime violence through truth-telling. Extending Nancy Fraser’s tripartite model of justice to peacebuilding contexts, the article advances notions of recognition, redistribution and representation as crucial components of gender-just peace. It argues that recognizing women as victims and survivors of conflict, achieving a gender-equitable distribution of material and symbolic resources, and enabling women to participate as agents of transitional justice processes are all essential for transforming the structural inequalities that enable gender violence and discrimination to materialize before, during, and after conflict.
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According to the international legal system, countries in transition from authoritarian rule have the duty to provide truth, justice and reparations, and to prevent the recurrence of systematic human rights violations. Security sector reforms are a key preventive mechanism, and this article analyzes the impact of these reforms on the recurrence of torture, killings, and disappearances. As there are many types of reforms in the security sector, the main research question is: which reforms, or combination of reforms, are effective in preventing the recurrence of human rights violations? Brazil experienced a brutal military regime between 1964 and 1985, when security forces were involved in systematic human rights violations. A case study of the Brazilian transition from military authoritarian rule was conducted and the findings suggest that the involvement of armed forces in domestic issues, weak civilian authority, overlapping jurisdiction, and blurred lines of command within the security forces have a negative impact on the outcome of interest. Finally, contributions were made to scholarly debates concerning transitional justice, human rights, and institutional change
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This paper will evaluate the obstacles faced by victim-survivors of historical abuse, particularly victim-survivors of forced labour in Magdalene Laundries in Ireland and the stolen wages of Australian Aborigines and Torres Strait Islanders, in a post-colonial transitional justice framework. First, the paper identifies challenges in contextualising comparative interdisciplinary historical research in terms of transitional justice. Second, the paper considers the economic contribution of unpaid labour in the Australian and Irish contexts and, third, goes on to examine the historical denial of rights and redress in both settings. The paper then evaluates the different challenges in responding to legacies of historical abuse, especially unpaid wages in both states. A final section concludes with the argument that redress provided in both instances represents a form of paternalism perpetuating the colonial approach to governance, rather than the provision of the legal rights of citizens, and that this paternalism has specific implications for women who continue to be marginalised by contemporary regimes.
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This chapter introduces an innovative theoretical framework for understanding gender justice and gendered agency in war and peace. The first section unpacks the notion of gender justice. It extends Nancy Fraser’s tripartite model of justice to peacebuilding contexts, and advances notions of recognition, redistribution, and representation as crucial components of gender-just peace. The second section draws on relational understandings of autonomy within feminist moral philosophy, and incorporates a feminist poststructuralist framework, to understand how gendered agency emerges, is enabled and/or constrained in relation to peacebuilding interventions. In contrast to essentialist portrayals of women as passive victims of war or heroic peacebuilders, women are conceptualised as gendered agents who deploy different modes and degrees of agency.
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Moral repair is an important way for firms to heal moral relationships with stakeholders following a transgression. The concept is rooted in recognition theory, which is often used to develop normative perspectives and prescriptions, but the same theory has also propelled a view of moral repair as premised on negotiation between offender and victim(s), which involves the complex social construction of the transgression and the appropriate amends. The tension between normative principles and socioconstructivist implementation begs the question how offending firms should approach moral repair. Addressing this question, we develop a two-level conceptualization of moral repair, distinguishing between procedural and substantive levels of practice, which accommodate normativity and socioconstructivism, respectively. In so doing, we enrich the literature by 1) promoting conceptual clarity, 2) refining understanding of the moral repair process, and 3) suggesting the use of a unified, configurational approach to studying (nonlinear) relations between amends and moral outcomes.
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Violence against children and youth in war causes severe damage to individuals, communities and societies. This chapter aims to demonstrate the importance of reparations for children and youth as a peacebuilding mechanism in the context of transitional justice. On one hand, the chapter seeks to address reparations for children and youth understood as a political project, with a transformative and participatory potential for rebuilding societies and healing the wounds of those who have been affected by armed conflict. On the other hand, the paper attempts to overcome the conception of children and youth as passive victims, providing them with agency to become engaged political members in building peaceful societies. Thus, reparations should position them as subjects of rights, giving them voice as contributors in peacebuilding processes.
Systematic Rape, Sexual Slavery and Slavery-like Practices During Armed Conflict, Update to final report submitted by Ms
  • Gay J See
  • Mcdougall
See, Gay J. McDougall, Systematic Rape, Sexual Slavery and Slavery-like Practices During Armed Conflict, Update to final report submitted by Ms. Gay McDougall, UN Doc. E/CN.4/Sub.2/2000/21
Narrowing the Macro and the Micro: A Psychological Perspective on Reparations in Societies in Transition
  • Brandon See For Example
  • Hamber
44 See for example, Brandon Hamber, 'Narrowing the Macro and the Micro: A Psychological Perspective on Reparations in Societies in Transition,' in de Greiff, supra n 1.