Transitional Justice from State to Civil Society

Transitional Justice from State to Civil Society PDF

Author: Sri Lestari Wahyuningroem

Publisher: Routledge

Published: 2019-11-27

Total Pages: 195

ISBN-13: 1000761983

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This book is the first to offer an in-depth analysis of transitional justice as an unfinished agenda in Indonesia’s democracy. Examining the implementation of transitional justice measures in post-authoritarian Indonesia, this book analyses the factors within the democratic transition that either facilitated or hindered the adoption and implementation of transitional justice measures. Furthermore, it contributes key insights from an extensive examination of ‘bottom-up’ approaches to transitional justice in Indonesia: through a range of case studies, civil society-led initiatives to truth-seeking and local reconciliation efforts. Based on extensive archival, legal and media research, as well as interviews with key actors in Indonesia’s democracy and human rights’ institutions, the book provides a significant contribution to current understandings of Indonesia’s democracy. Its analysis of the failure of state-centred transitional justice measures, and the role of civil society, also makes an important addition to comparative transitional justice studies. It will be of considerable interest to scholars and activists in the fields of Transitional Justice and Politics, as well as in Asian Studies.

Advocating Transitional Justice in Africa

Advocating Transitional Justice in Africa PDF

Author: Jasmina Brankovic

Publisher: Springer

Published: 2018-01-30

Total Pages: 231

ISBN-13: 3319704176

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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

Civil Society and Transitional Justice in Asia and the Pacific

Civil Society and Transitional Justice in Asia and the Pacific PDF

Author: Claire Cronin

Publisher: ANU Press

Published: 2019-01-01

Total Pages: 259

ISBN-13: 1760463299

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Over the last two decades, civil society has helped catalyse responses to the legacies of violent conflicts and oppressive political regimes in Asia and the Pacific. Civil society has advocated for the establishment of criminal trials and truth commissions, monitored their operations and pushed for take-up of their recommendations. It has also initiated community-based transitional justice responses. Yet, there has been little in-depth examination of the breadth and diversity of these roles. This book addresses this gap by analysing the heterogeneity of civil society transitional justice activity in Asia and the Pacific. Based upon empirically grounded case studies of Timor-Leste, Indonesia, Cambodia, Myanmar, Bougainville, Solomon Islands and Fiji, this book illustrates that civil society actors can have different - and sometimes competing - priorities, resources and approaches to transitional justice. Their work is also underpinned by diverse understandings of 'justice'. By reflecting on the richness of this activity, this book advances contemporary debates about transitional justice and civil society. It will also be a valuable resource for scholars and practitioners working on Asia and the Pacific.

Reconceiving Civil Society and Transitional Justice

Reconceiving Civil Society and Transitional Justice PDF

Author: Joanne Wallis

Publisher: Routledge

Published: 2020-05-21

Total Pages: 255

ISBN-13: 1000061353

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Reconceiving Civil Society and Transitional Justice examines the role of civil society in transitional justice, exploring the forms of civil society that are enabled or disabled by transitional justice processes and the forms of transitional justice activity that are enabled and disabled by civil society actors. Although civil society organisations play an integral role in the pursuit of transitional justice in conflict-affected societies, the literature lacks a comprehensive conceptualisation of the diversity and complexity of these roles. This reflects the degree to which dominant approaches to transitional justice focus on liberal-legal justice strategies and international human rights norms. In this context, civil society organisations are perceived as intermediaries who are thought to advocate for and support formal, liberal transitional justice processes. The contributions to this volume demonstrate that the reality is more complicated; civil society can – and does – play important roles in enabling formal transitional justice processes, but it can also disrupt them. Informed by detailed fieldwork across Asia and the Pacific Islands, the contributions demonstrate that neither transitional justice or civil society should be treated as taken-for-granted concepts. Demonstrating that neither transitional justice or civil society should be treated as taken-for-granted concepts, Reconceiving Civil Society and Transitional Justice will be of great interest to scholars of Security Studies, Asian Studies, Peacebuilding, Asia Pacific, Human Rights, Reconciliation and the Politics of Memory. The chapters were originally published as a special issue of Global Change, Peace & Security.

Transitional Justice

Transitional Justice PDF

Author: Louise Mallinder

Publisher:

Published: 2017

Total Pages:

ISBN-13: 9780415719933

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"Scholars and practitioners working in 'transitional justice' are concerned with remedies of accountability and redress in the aftermath of conflict and state repression. Transitional justice, it is argued, provides recognition of the rights of victims, promotes civic trust, and strengthens the democratic rule of law ... The collection covers themes such as: truth and history; acknowledgement, reconciliation, and forgiveness; retribution, restorative justice and reparations; and democracy, state-building, identity, and civil society."--

Advocating Transitional Justice in Africa

Advocating Transitional Justice in Africa PDF

Author: Jasmina Brankovic

Publisher:

Published: 2018

Total Pages:

ISBN-13: 9783319704166

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This volume documents and analyses the strategies used by African civil society organisations to lobby for and enact transitional justice measures in their countries. The book offers local practitioners and African scholars space to reflect on the development and effectiveness of strategies in promoting transitional justice, as well as to identify the theoretical and contextual influences on transitional justice work. Most importantly, it presents lessons and best practices for advocating transitional justice. This edited volume fills a significant gap by providing an up-to-date regional African perspective on transitional justice in the form of a compilation of country-specific and thematic analyses of agenda-setting and lobbying efforts. It also offers insights into the state-civil society relationship on the continent. While including some historical perspective, the book chapters provide fresh and up-to-date insights into ongoing transitional justice efforts that are key to defining the future of how the field is understood in theory and in practice.--Provided by publisher.

Transitional Justice

Transitional Justice PDF

Author: Rosemary Nagy

Publisher: NYU Press

Published: 2012-05-28

Total Pages: 382

ISBN-13: 0814704972

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Criminal tribunals, truth commissions, reparations, apologies and memorializations are the characteristic instruments in the transitional justice toolkit that can help societies transition from authoritarianism to democracy, from civil war to peace, and from state-sponsored extra-legal violence to a rights-respecting rule of law. Over the last several decades, their growing use has established transitional justice as a body of both theory and practice whose guiding norms and structures encompasses the range of institutional mechanisms by which societies address the wrongs committed by past regimes in order to lay the foundation for more legitimate political and legal order. In Transitional Justice, a group of leading scholars in philosophy, law, and political science settles some of the key theoretical debates over the meaning of transitional justice while opening up new ones. By engaging both theorists and empirical social scientists in debates over central categories of analysis in the study of transitional justice, it also illuminates the challenges of making strong empirical claims about the impact of transitional institutions. Contributors: Gary J. Bass, David Cohen, David Dyzenhaus, Pablo de Greiff, Leigh-Ashley Lipscomb, Monika Nalepa, Eric A. Posner, Debra Satz, Gopal Sreenivasan, Adrian Vermeule, and Jeremy Webber.

From State to Civil Society

From State to Civil Society PDF

Author: Sri Lestari Wahyuningroem

Publisher:

Published: 2018

Total Pages: 0

ISBN-13:

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This thesis examines the implementation of transitional justice measures in post-authoritarian Indonesia, starting from the beginning of the political transition in 1998 until its consolidation in 2009 and beyond. It does so by, first, assessing the procedural and substantive aspects of transitional justice implementation. Following this assessment, the thesis, second, analyses the factors within democratic transition that either facilitated or hindered the adoption and implementation of transitional justice measures. The thesis argues that state-sponsored transitional justice in Indonesia has been successful only in terms of procedure, and even then only problematically so, but a total failure in substance. This outcome resulted from the nature of the political transition in Indonesia from 1998 onwards. Indonesia's transition involved a combination of a rupture, or replacement, style of transition and a compromise, or transplacement. The replacement features motivated the government and political elite to agree to the adoption of transitional justice measures. In the period of transition, when it lacked political legitimacy, the new government needed transitional justice to distance itself from the image of the predecessor repressive regime and to gain public trust, both domestically and internationally. However, the transplacement nature of the political transition, which involved bargaining between elements of the old regime and reformers, contributed to the failure to achieve the objectives of transitional justice. Even though transitional justice failed at the state level, more positive outcomes have occurred at the community and local levels. Civil society groups and regional governments have initiated partial transitional justice, suggesting that improving justice outcomes can also take place from the bottom up, or from the margins, rather than being entirely dependent upon top-down, or state-centred initiatives.

After Violence

After Violence PDF

Author: Elin Skaar

Publisher: Routledge

Published: 2015-04-17

Total Pages: 250

ISBN-13: 1317696905

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After Violence: Transitional Justice, Peace, and Democracy examines the effects of transitional justice on the development of peace and democracy. Anticipated contributions of transitional justice mechanisms are commonly stated in universal terms, with little regard for historically specific contexts. Yet a truth commission, for example, will not have the same function in a society torn by long-term civil war or genocide as in a society emerging from authoritarian repression. Addressing trials, reparations, truth commissions, and amnesties, the book systematically addresses the experiences of four very different contemporary transitional justice cases: post-authoritarian Uruguay and Peru and post-conflict Rwanda and Angola. Its analysis demonstrates that context is a crucial determinant of the impact of transitional justice processes, and identifies specific contextual obstacles and limitations to these processes. The book will be of much interest to scholars in the fields of transitional justice and peacebuilding, as well as students generally concerned with human rights and democratisation.

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