Reparative development: re-conceptualising reparations in transitional justice processes

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.     

Transitional justice in settled democracies: Northern Ireland and the Basque Country in comparative perspective

This article explores the concept of transitional justice in democratic states dealing with political violence. Although transitional justice was designed for paradigmatic transitions (from war to peace and from dictatorship to democracy), conflicted democracies such as Northern Ireland and the Basque Country could also benefit from this framework which brings a comprehensive human rights approach to the past and promotes the principles of truth, justice, reparation and guarantees of non-repetition. The article compares the transition from conflict in Northern Ireland and the Basque Country. It explores some of the specific features which characterise processes of transitional justice within settled democracies, such as the blurred break with the past, the fragmentation of initiatives aimed at dealing with violence and the mixture of ordinary and transitional justice. As well as contributing to the conceptualisation of the field of transitional justice, the study proposes that the conflict vs. terrorism divide and the clash of narratives associated with it are the key to understanding these types of transitions.     

Reassessing the focus of transitional justice: the need to move structural and cultural violence to the centre

After over six decades of evolution, transitional justice remains focused on courts and commissions, evidenced by the allocation of international attention and resources. This is understandable given that courts and commissions are ideal platforms to hold perpetrators to account. While violent individuals and events can be addressed through courts and commission, what cannot be adequately addressed is the structural and cultural violence that makes mass atrocities possible, and remains intact in spite of truth and accountability. Structural and cultural violence manifests as systemic vulnerability and dehumanization, and it is this type of built-in violence that continues to plague countries where transitional justice has been pursued, for example the criminalization and repression of communities in South Africa, or the forced evictions that occur daily throughout Cambodia. This article argues that it is this type of violence which should become the central focus of transitional justice.     

Masculinity and male survivors of wartime sexual violence: a Bosnian case study

While conflict-related sexual violence affects men and women, male survivors are often overlooked or marginalised. The case of Bosnia-Herzegovina (BiH) is a poignant example. Twenty-two years after the Bosnian war ended, little attention has been given to the men who suffered diverse forms of sexual violence during the conflict. The present article contributes to addressing this gap. Based on semi-structured interviews with 10 men who endured the horrors of the ?elopek camp in north-east BiH, it focuses on the lives of these men today. Exploring the men’s silences and the intersection of their trauma with ongoing everyday problems, it goes beyond the commonly made argument that sexual violence against men constitutes an attack on masculinity. Fundamentally, it examines how masculinity norms and expectations have shaped the men’s stories, coping strategies, and current needs. This use of a masculinity lens highlights important gaps within transitional justice, which to date has narrowly focused on violent and militarised forms of masculinity. The article thus calls for transitional justice processes to give more attention to masculinities affected by violence.     

Breaking the cycle of violence: applying conflict sensitivity to transitional justice

The legacies of mass violence can, if left unaddressed, fuel future conflicts. Transitional justice seeks to address the legacies of large-scale past abuses. Despite the sensitive nature of transitional justice and recognition that initiatives can adversely influence conflict-affected contexts, there has been limited attempt to extend the application of conflict sensitivity to transitional justice. Conflict sensitivity is an approach and tool to help aid actors to understand the unintended consequences of aid and to act to minimise harm and achieve positive outcomes. Transitional justice initiatives can exacerbate tensions by replicating existing tensions; introducing resources that become a struggle for control; or challenging power and vested interests. This article argues that conflict sensitivity should be applied to transitional justice; and identifies tools and factors that could contribute to conflict sensitive transitional justice. They include promoting: broad-based participation; resonance with local actors; social cohesion; public outreach; collaboration with other sectors; and appropriate sequencing.     

Reciprocal relationship of social capital and microfinance activities in Nyanga,Zimbabwe

This article investigates the interactive reciprocal relationship of microfinance activities and social capital among members of the Kufusa Mari microfinance scheme in Nyanga, Zimbabwe. It reports on a study conducted among 146 randomly selected respondents, plus other participants selected for focus group discussions and key informant interviews. A reciprocal relationship between microfinance activities and social capital existed in this case study, but was found to be three-pronged, also involving developmental goals. The community should be encouraged to join the Kufusa Mari group scheme to promote self-initiated grassroots community development and advancement.     

Democratising Transitional Justice: Transitional Trade-offs and Constituting the Demos

I argue that transitional justice should be democratised and to realise this goal I propose a method by which people can be enfranchised to make such choices. By showing that transitional justice options often involve trade-offs, I lay the groundwork for my democratic account of transitional justice. This article balances three democratic principles, including collective self-determination, the all affected interests principle and the protection of individual rights that are necessary to vote, to argue that victims and potential victims should constitute the transitional justice demos. I propose a new institution that would balance international and local control of transitional justice decision making, and choose the demos. This article does not attempt to construct a theory of how to resolve tensions in transitional justice decisions. Conversely, exactly because these tensions are often present, I develop a theory of who should be empowered to make transitional justice decisions and how their powers should be constrained.     

Civil society and reconciliation in Southern Africa

This article presents some of the key findings of the Southern African Reconciliation Project (SARP). The SARP was a collaborative research project involving five Southern African NGOs in Malawi, Mozambique, Namibia, South Africa, and Zimbabwe. It examined how the concept of reconciliation was understood in political and community contexts in Southern Africa and investigated the ways in which national government policies and civil-society participation in reconciliation initiatives have opened up and/or foreclosed on opportunities for reconciliation, transitional justice, and the promotion of a culture of human rights. The author summarises the historical context of reconciliation in Southern Africa, outlines the reconciliation initiatives in each country, and identifies emerging debates around and principles of reconciliation that have surfaced in the work of civil-society organisations (CSOs) in the region.     

DDR and transitional justice: bridging the divide?

This article explores the complex relationship between disarmament, demobilisation and reintegration of ex-combatants (DDR) and transitional justice. While both DDR and transitional justice often operate simultaneously, neither process has traditionally been designed with the other in mind. In fact, they are often in tension or competition, pursuing competing demands and potentially drawing on the same scarce donor pools. While scholars and practitioners of transitional justice have become somewhat attuned to the presence of DDR processes in countries emerging from conflict, and the challenges and opportunities they present for transitional justice, we observe that by comparison, it is only fairly recently that DDR policies, if not programmes, have begun to take account of the demands and practice of transitional justice. We argue that while the activities of DDR and transitional justice may often be in tension, in some instances they might be designed to operate in a more complementary fashion. However, for this to even be conceivable, it is essential that scholars and practitioners of each seek to understand the work of the other better.     

Securitisation from below: the relationship between immigration and foreign policy in South Africa's approach to the Zimbabwe crisis

The political and economic debacle in Zimbabwe has led to a large-scale influx of Zimbabweans into neighbouring South Africa. This article argues that there is a complex and significant link between the domestic response to this immigration influx and South Africa's foreign policy towards Zimbabwe. South Africa's foreign and security policy elite preferred to use an immigration approach of benign neglect as a tool to promote its ‘quiet diplomacy’ approach towards the Zimbabwean regime, treating the influx as a ‘non-problem’. But increased xenophobic violence, vigilantism and protests in townships and informal settlements against Zimbabwean and other African immigrants, culminating in widespread riots across the country in 2008, contributed to a change not only in immigration policy but also in the mediation efforts towards the Zimbabwean parties. I argue that this foreign policy change was pushed by a process of ‘securitisation from below’, where the understanding of Zimbabwean immigrants as a security threat were promoted not by traditional security elites but by South Africa's marginalised urban poor.     

The significance of the Cracow summit

This article assesses whether the EU contributes to long-term positive change in societies emerging from violent conflict, helping them ‘mend’ or whether it simply encourages societies to ‘make do’ with the status quo. To do so, the article focuses on two of the principles found in the Treaty, peace and justice for human rights violations. It examines how the EU translates the principles of peace and justice into policy and puts them into practice by analyzing EU engagement in peace mediation, transitional justice, and security sector reform in general and through in-depth examination of EU engagement in the Democratic Republic of Congo. It questions the prevailing discourse that greater inter-institutional coherence would improve EU security provision and considers whether and how the EU prioritizes between peace and justice. The article finds that principles may be translated into policy and put into practice, and practice is often ahead of policy. But this is uneven within as well as across the institutions. Greater coherence between principle, policy, and practice, rather than between institutions, would improve EU security provision and enable prioritization. If the EU settles for making do, it undermines its considerable potential to contribute to long-term solutions to complex conflicts.     

Amnesty,peace and reconciliation in Algeria

Amnesties constitute the most contentious issue in transitional justice processes. While largely rejected for contravening international law and being morally objectionable, political realities may sometimes force us to accept them in the interest of peace and stability. Determinations about the desirability and effectiveness of amnesties to promote peace thus need to look beyond legalistic claims, and take into account the specific political context within a country, as well as the nature of the amnesty itself. Taking the case of Algeria, where an amnesty was adopted in 2005 with the Charter for Peace and National Reconciliation, this article argues that although the amnesty can be justified partially by the fragile political context in Algeria and may contribute to reducing levels of violence in the country, its effective contribution to peace and reconciliation will be limited because it has, so far, not been accompanied by other political and economic measures necessary to bring peace and stability to the country, and because it promotes amnesia and largely ignores the plight of the victims of the war.     

Trading amnesty for impunity in Timor-Leste

In 1999, the United Nations made a strong stand against impunity for human rights crimes by prohibiting the inclusion of blanket amnesties in peace agreements. This article examines the impact of the UN’s anti-amnesty policy on one of the first states to be affected by it, Timor-Leste. It argues that even in the absence of an amnesty, more than 15 years after independence impunity still reigns in Timor-Leste, due a lack of judicial capacity, political interference, the persistent belief that amnesties facilitate reconciliation, and an unwillingness on the part of the international community to adequately fund the justice process. That is, this article argues that the UN has oversold its position on amnesties, and that although its anti-amnesty policy is taking hold, in the case of Timor-Leste at least, justice seems as elusive as ever.     

Contemporary Transitional Justice: Normalising a Politics of Exception

This article studies the contemporary expression of transitional justice, a field of practice through which global governance is exercised. It argues that transitional justice is being normalised, given the normative and empirical de-legitimisation of its premise of exceptionalism. The article theorises exceptionalism and normalcy in transitional justice and identifies three macro-level causes of normalisation: the legalisation, internationalisation and professionalisation of the field. This argument is illustrated by a study of Uganda's trajectory of transitional justice since 1986. Across five phases of transitional justice, processes of legalisation, internationalisation and professionalisation have contributed to the gradual dismantling of the country's exceptional justice. The case demonstrates, further, that normalisation is a contested and incomplete process.     

Reproductive health services: “Business-in-a-Box” as a model social innovation

Access to reproductive health services and products in remote and rural communities is a critical area of concern for developing countries. This article considers a pilot intervention in three districts of Pakistan where “Business-in-a-Box” as a model of place-based social innovation is used to improve the socio-economic conditions of women in remote rural settings through socially responsible micro-franchising. It finds that such programmes help build a sense of community, ownership and grassroots capabilities and skills. The article also discusses the impacts of such actions on the individual and community life, and the need to upscale and sustain these initiatives.     

A Review of: “Devin R. Springer,James L. Regens,and David N. Edger. Islamic Radicalism and Global Jihad. Stephen Vertigans (with contributions from Donncha Marron and Philip W. Sutton). Militant Islam: A Sociology of Characteristics,Causes, and Consequences. David Aaron. In Their Own Words: Voices of Jihad.”

Chinese arms sales to Africa have increased in recent years. In a region beset by conflict and unstable regimes, and where arms sales are a significant and positive predictor of an increased probability of political violence, this is inherently problematic. The sale of weaponry to a regime in Khartoum caught up in an alleged “genocide” in Darfur, the awkward appearance in 2008 of a Chinese ship loaded with weapons bound for Mugabe's Zimbabwe off the coast of eastern Africa, and the recent exposure in 2011 that Chinese arms companies offered to sell around $200 million worth of arms to Muammar Gaddafi's regime are emblematic of an issue in Africa's political violence that needs analysis. This article seeks to discuss the rationale behind China's arms sales to Africa and the effect that they have had on political violence in recipient countries. It also provides an analysis of the supply-and-demand circumstances of Chinese arms transfers to Africa, Beijing's attempts to control such transfers, and evidence that Chinese policies on proliferation are (slowly) evolving.     

Post-Jihadism: Libya and the Global Transformations of Armed Islamist Movements

This article analyzes the global transformations of jihadist movements towards abandoning and de-legitimizing political violence in general and terrorism in particular. It focuses on the de-radicalization process of Libya's largest armed Islamist movement: the Islamic Fighting Group. It analyzes the causes behind those transformations and outlines the necessary conditions for, and policy implications of, successful de-radicalization. The article is mainly based on primary sources, field work, and interviews with former jihadist leaders, mid-ranking commanders, grassroots activists, security and intelligence officers, and state officials.     

Normative Concepts of Global Distributive Justice and the State of International Relations Theory

The terrorist attacks in September 2001 on the world's most affluent country have highlighted the need to address the increasing disparity between the wealth of different nations. Rather than seeing global distributive justice as a concept non-conducive to their national interest, the affluent states might begin to accept it as an integral part of it, as one of evidently many means to prevent the proliferation of political extremism. This article analyses the role that international relations (IR) theory in its current state can play in this process. Since IR theories purport to explain, and possibly predict, behaviour in settings in which states face problems for which solutions beyond states are required and since global distributive justice is one such problem, it should be reasonable to expect that IR theories provide some answers to these questions. To that end the article critically assesses the major scholarly trends in the field for their ability to accommodate two recently developed normative proposals on global distributive justice put forward by Thomas Pogge and Hillel Steiner. IR theory is found to be inadequate to fulfil the demands usually directed at a theory, in that it fails, firstly, to appreciate the significance of norms in international politics and, secondly, to prescribe and recommend alternatives to policy makers.     

Digging up Spain's past: consequences of truth and reconciliation

Over the last decade the issue of transitional justice has attracted considerable media and academic attention. Diverse countries including such high profile cases as Chile, South Africa and the former East Germany have attempted to grapple with the complex question of how to respond to human rights abuses committed under a previous regime. Transitional justice generally surfaces as an issue during democratic transition. It is less common for this issue of past human rights abuses to be raised when democratic transition has been completed and democracy is fully consolidated. The subject of this article, however, is Spain, where the human rights abuses committed during the 1936–39 civil war, and the long Francoist dictatorship that followed, have only recently come to the fore, a full quarter of a century after the transition to democracy. The article argues that the current struggle to recover the bodies of the disappeared, and their historical memory, represents a significant case which not only provides new insights into the particular democratization process in Spain but also provides more general lessons for other countries grappling with similar problems.     

HIV/AIDS and governance along the corridors of conflict in West Africa

West Africa demonstrates a sub-regional pattern of violence and political instability that has engulfed Côte d'Ivoire, Liberia, Sierra Leone and Guinea, and now extends out from these states through corridors of violent conflict throughout the region; both physical and figurative. This article makes two arguments. That HIV/AIDS has developed a complex inter-relationship with violent conflict in the West African sub-region; and that the presence of HIV/AIDS in West Africa in zones of violent conflict is not given the recognition needed by the international policy community. The neglect of West Africa in the Pan-African response to HIV/AIDS, and the intractability of the region's Complex Political Emergencies, is creating an emerging phenomenon of Complex Human Emergency in the region. An acknowledged gap exists in social analyses of HIV/AIDS between policy speculations and the actual evidence base that these are built upon. Instead of speculative theorizing, this article presents seven key questions that need to be asked about HIV/AIDS and conflict in West Africa, in order to begin the process of serious policy research on the issue.