Social repair in divided societies: integrating a coexistence lens into transitional justice

This paper explores the importance of integrating a coexistence lens into transitional justice theory and practice. Transitional justice seeks to address a legacy of large-scale past abuses. In societies that have suffered from violent intergroup conflict, this legacy includes divided communities and widespread distrust and fear of the ‘other’. Transitional justice processes and mechanisms, however, are unlikely to repair intergroup relationships, transform communities or eliminate tensions in the absence of specific attention to promote coexistence. The field of coexistence provides a framework for thinking about intergroup relations and interdependence. Coexistence initiatives—such as dialogue facilitation, intergroup projects and associations aimed at achieving shared goals, and media campaigns designed to reframe the ‘other’—are essential to restoring trust, transforming perceptions and rebuilding relationships. Looking at countries that have experienced violent intergroup conflict, in particular Bosnia and Herzegovina, the paper provides examples of coexistence initiatives that have achieved successes in changing attitudes, repairing relationships and strengthening communities—and discusses their potential to contribute to transitional justice processes and mechanisms.     

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.     

Coordinating Transitional Justice

Conflict resolution professionals sometimes differ from human rights professionals about the best approaches to transitional justice, particularly with regard to the scope, conditions, and timing of possible amnesties from prosecution for perpetrators of war crimes and human rights abuses. When human rights and conflict resolution professionals work at cross‐purposes, they may work less effectively to end conflict, abuses, and crimes, and to implement peace accords. A consensus among conflict resolution and human rights scholars about which legal norms should govern post‐conflict amnesty programs appears to be developing. Against this emerging legal framework, human rights and conflict resolution professionals should, I argue, develop processes for working together more effectively in the design and implementation of context‐sensitive approaches to transitional justice. These process principles should address the entire conflict period, from escalation through resolution to post‐conflict reconstruction. In this article, I describe a tentative, general framework for coordinating the development of transitional justice programs. This proposed framework is intended to stimulate and guide discussion of these issues among conflict resolution and human rights professionals and scholars.     

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.     

Contestation and resistance: the politics of and around transitional justice in Nepal

The shift to adopting holistic approaches in transitional justice indicates an intention to pay (greater) attention to politics in transitional justice. However, transitional justice actors frequently encounter difficulties in doing so, misread politics and misconstrue where to locate it in post-conflict contexts. Using research from Nepal I argue that there is considerable political activity taking place that challenges transitional justice on multiple scales. This research demonstrates that actors frequently seek to advance their interests and make claims utilising the process, institutions and language of transitional justice. In particular, I draw upon resistance literature and contentious politics literature to elucidate the complex relationships and interactions at the local and national level, which are often omitted from discussions about transitional justice in Nepal. Accordingly, I argue it is more useful to consider actors’ actions in relation to transitional justice on a continuum where there is co-option, resistance, contestation and compliance with a wide range of variation within each.     

Trials,lustration, and clean elections: the uneven effects of transitional justice mechanisms on electoral manipulation

Transitional justice aims to promote democratization, but previous research has found that it has mixed effects. We address this puzzle by focussing on how transitional justice affects a necessary condition for democracy: clean elections. We test for the effects of four transitional justice mechanisms – truth commissions, lustration policies, amnesties, and trials – on two different types of electoral manipulation, using data from 187 post-transition elections held in 63 countries around the world from 1980 to 2004. We find that post-transition trials limit illegal forms of electoral manipulation, such as vote-buying and falsification of results, but have no effect on legal forms of manipulation. By contrast, lustration policies limit legal manipulation tactics, like intimidation and harassment of opponents by the security services, but do not affect illegal tactics. By showing that different aspects of transitional justice can have varying influence on electoral integrity, this project improves understanding of the mechanisms that link transitional justice and democratization.     

The Blockade on Qatar: Conflict Management Failings

ABSTRACT

Current tensions in the Gulf region highlight the persistence of crises and conflict. A number of states within the area now regularly engage in interventionist actions that challenge previously held norms of sovereignty and non-intervention. Fragmentation characterises what were once considered fairly robust structures of unity and enduring regional organisation. Theoretical norms that presuppose non-intervention are tested by new forms of coercion and interventionism among Gulf actors that exacerbate rather than resolve security dilemmas. In turn, this highlights the inadequacies of normative models of conflict management and resolution, and in particular mediation. These developments are examined in the case of the blockade against Qatar instituted by Bahrain, Egypt, Saudi Arabia and the United Arab Emirates in June 2017.     

Justice without judiciary in East Timor

Typical for international state-building interventions, the United Nations Transitional Administration in East Timor relied on a fundamentally western model in its attempt to establish a rule of law. At independence, an official judiciary was trans ferred to Timorese control as part of the new government. However, this institution has proved to be one of the weakest minted during the transitional period, in part because it was placed on top of an entirely different, indigenous system of justice at the grassroots level. The concept of a crime, and means of redress, or a conflict and process of resolution, accepted as legitimate by the local population contradicted the type of judiciary being imported. UNTAET failed to appreciate the resilience of local structures, and therefore did not reconcile the two contrasting systems of justice. International approaches to post-conflict (re)construction of a rule of law have to be re-thought, taking account of indigenous notions of justice in the architecture of a formal judiciary.     

Measuring the Ambivalence of Religion: Introducing the Religion and Conflict in Developing Countries (RCDC) Dataset

Despite ample anecdotal evidence, previous research on violent conflict has found little evidence that religion is an important factor in organized violence. Quantitative work in this area has been largely confined to the interreligious character of conflict and measures of religious diversity, and has strongly neglected the peace aspect of religion. The Religion and Conflict in Developing Countries (RCDC) dataset helps to fill this gap with innovative and fine-grained data for 130 developing countries between 1990 and 2010. RCDC includes four types of religious violence (assaults on religious targets, attacks by religious actors, clashes between religious communities, and clashes with the state). In addition, RCDC contains data on interreligious networks and peace initiatives. This article demonstrates the usefulness of RCDC by applying our data to a preliminary analysis. The results indicate that interreligious networks are a reaction to identity overlaps and previous interreligious conflict.     

NGOs and Ethnic Conflict: Lessons from the Work of the Project on Ethnic Relations in the Balkans

This article examines the impact of nongovernmental organization-sponsored contact and communication on fostering peaceful solutions to ethnic conflict via case studies of the activities of the Project on Ethnic Relations (PER) in Romania, Macedonia, Montenegro, Kosovo, and Serbia. It explores five operational principles that guide PER activity: creating credible, neutral forums for dialogue; maintaining momentum; working within political realities; encouraging indigenous solutions from within existing processes; and acting with the backing of powerful states. These principles explain PER's success as a "weak mediator" of ethnic conflicts. According to this analysis, PER also exhibits organizational characteristics that contribute to success, including nonpartisanship, area expertise and extensive networks of local contacts, and an ability to secure the trust of local actors.
A significant indicator of the success of PER activities is the establishment by conflicting parties of institutionalized mechanisms for addressing their differences. Contrary to the view that electoral competition contributes to conflict, this study finds that the possibility of achieving an electoral advantage by participating cooperatively in conflict resolution activities creates incentives for local actors to recognize opportunities offered by PER activities and leads local actors to heed PER's advice. Finally, the article offers a cautionary observation. While PER's perceived influence with major international actors may contribute to its local successes, once a state actor with the power to impose a solution has committed itself to ending a conflict, its preferences outweigh any local interests in determining the outcome and renders the efforts of a "weak mediator" such as PER irrelevant.     

The Effects of Perceived Procedural Justice on Conflict Management between Spouses,and the Mediating Role of Dyadic Adjustment

In this study, we examined the role that perceived procedural justice (PPJ) plays in the conflict management behaviors that intimate spouses adopt and endorse. In this context, PPJ has been defined as the degree to which one perceives that his or her spouse makes decisions fairly, considerately, and in a participatory manner. To test the impact of perceived procedural justice on conflict resolution behavior, we applied the dual‐concern model of conflict management style. In an experiment in which participants read fictional scenarios and predicted spouses’ responses, we found that perceptions of strong PPJ enhanced the prediction of integrating (problem solving), compromising, and, to a lesser degree, obliging behavior. Perceived procedural justice also caused a reduction in avoidance behavior, but no effect we found on dominating (competing) behavior. In a following correlational study, we also found that PPJ positively correlated to enhanced integrating, compromising, and obliging behaviors, and these correlations were partially or fully mediated by the degree of “dyadic adjustment,” which is a measure of relationship health. In addition, in this second study, we found no correlation between perceived procedural justice and dominating or avoiding behavior. In both studies, participants either predicted or chose collaborative behaviors more than non‐collaborative ones. We conclude that the perception that one's partner is behaving in a procedurally just way can enhance active and egalitarian collaboration in marriage and other intimate partner relationships, but that the absence of PPJ does not seem to encourage active non‐collaboration, particularly not highly self‐centered dominating behavior.     

The Evolution of International Conflict Resolution: From Cold War to Peacebuilding

Shaped by the changing nature of international conflict, the field of international conflict resolution evolved significantly throughout the latter years of the twentieth century and continues to be redefined. The end of the Cold War created space for a major transformation of the international conflict resolution field. This transformation was marked by three trends: (1) an expansion from a focus on superpower negotiating strategies to a wider peacebuilding agenda, (2) an increase in the role of nongovernmental actors as both disputants and third parties in international conflicts, and (3) a growing concern about human security in addition to state security, creating both tensions and opportunities for collaboration between governmental and nongovernmental bodies. This article presents a brief overview of each trend, as well as some concluding questions to frame the field's further development at this important juncture.     

Bringing in the grassroots: transitional justice in Zimbabwe

Since 2008, the Government of Zimbabwe, the international community and non-governmental organisations have all advocated the need for transitional justice in Zimbabwe. Yet, few initiatives have emerged. This article suggests that local communities could be enabled to help fill this policy vacuum. The results of a pilot research project are presented, where 1,400 victims of violence were engaged. The data collected highlights a clear demand for justice at the grassroots, but an educational input is necessary and transitional justice capacity needs to be built. Currently unstructured and unorganised opinions on how to cope with past violence need to be translated into practical programmes of action. The article asserts that such leadership, stimulated from the grassroots, represents a potential strategy capable of challenging the existing policy vacuum. Even if this challenge is initially rebuffed, it is contended that such an input still remains vital for the longer term. An opportunity currently exists to deepen an understanding of transitional justice in Zimbabwe which will enable community groups to initiate and respond to Zimbabwe's transitional justice processes when the national political environment becomes more receptive to this need.     

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.     

Justice delayed? Internationalised criminal tribunals and peace-building in Lebanon,Bosnia and Cambodia

In countries emerging from violent conflict and/or mass atrocity, there is an urgent need to promote stability and often also widespread demand for accountability for abuses which have taken place. Debate has raged among scholars and practitioners about whether justice should be sacrificed or delayed for the sake of peace, or should be promoted even if it is in the short term destabilising. In many countries emerging from conflict processes of accountability, or transitional justice processes, operate almost simultaneously alongside processes of peace-building such as disarmament, demobilisation and reintegration of ex-combatants, reform of the security sector and rule of law promotion, in the immediate aftermath of conflict. These can include domestic processes of truth-telling, prosecution, reparation and amnesty, or internationally promoted processes such as international criminal tribunals. They can also include internationalised criminal tribunals, which have mixed national–international staff. While scholarship has increasingly focused on the engagement between transitional justice and peace-building processes in the relatively near term, far less has examined the role of processes of accountability that follow conflict termination by a significant period of time, justice delayed. Drawing on recent fieldwork, the authors examine three internationalised criminal tribunals developed some 15 years after the termination of conflict in countries that experienced three very different types of conflict, conflict resolution and peace-building or reconstruction in Bosnia, Lebanon and Cambodia. They find that despite claims made by advocates for such institutions, such tribunals may only have limited impact on longer term peace-building and that the effects of flawed peace-building activities affect the operating environment of the tribunals.     

Contextualising and theorising economic development,local business and ethnic cleansing in Myanmar

ABSTRACT

After Myanmar ended military rule in 2011, significant foreign investment arrived to facilitate a profitable transition to an integrated regional economy, and under the promise that foreign actors can help facilitate peaceful long-term development. However, these firms have also tacitly supported an ethnic cleansing committed by the government that most have partnered with or funded. This article builds theory on economic opening, development and conflict, using research from Myanmar to forward three arguments about business actions in fragile, at-risk countries. First, international-led regulatory reform has had little impact on endemic corruption at the micro- or meso-levels, as local elites and international businesses remain the primary beneficiaries. Second, ‘development’ is a contentious topic, defined locally not as broad societal growth but the unjustified picking of winners and losers in society by foreign entities. Third, business ventures are exacerbating ethnic tensions through a liberal peace-building mentality that is unresponsive to either local conflicts or local communities. The article closes by offering three ways that these findings open future research avenues on business engagement as peace-builders and development agents in developing yet fragile states.     

Decoding Negotiation Systems in the Middle East and North Africa: A Framework for Analysis

Regional conflicts are becoming increasingly complex due to the involvement of an ever more numerous and interconnected set of actors. Previous research has focused on regional conflict systems and has generated theoretical approaches such as the regional security complex paradigm. However, when complex, multifaceted, seemingly contradictory webs of relationships are spun in a region, new tools are needed to analyze and evaluate them. Drawing on previous regional conflict models, we propose a negotiation-oriented framework of regional conflict analysis that explores the type and intensity of relationships between state and nonstate actors in a conflict system. We offer a seven-step scale of relationships (ranging from ally to active armed opponent) that represents a novel contribution to the methodological efforts to analyze relationships in conflict systems. This framework brings to light the relational imbalance of the MENA region and has the potential to contextualize for negotiators and mediators the complex system of conflicts within, and possibly outside, the region.     

Analysis: Reconceptualising transitional justice: embedded and distanced justice

This article argues that transitional justice ranges from the very personal and local to the global and structural, spanning processes and outcomes, clear demands, compromises and contracts. It explores this diversity using the framework of ‘embedded justice’ and ‘distanced justice’, and the case studies of South Africa, Rwanda and Sierra Leone. The argument draws on Fletcher and Weinstein (2002) to argue that justice needs to be embedded within and to engage the communities, cultures and contexts of conflict. A recent article by Sieff and Vinjamuri (2002) is used to advocate decentralisation. Transitional justice debates have generally overlooked justice, and human rights, as manifest in political, economic and social processes whilst privileging the law, and dismissing the potential of locally generated and embedded justice. The article argues that achieving the correct balance requires a shedding of naïve faith in, and the transformation of, both local and international justice, and the contexts within which they operate, whilst seeking to build on their complementary capacities and legitimacies.     

Procedural Justice and Conflict Management at School

In this research, we explored the contributions of perceived procedural justice (PPJ) to the conflict management behaviors of adolescents when they experience conflict with their teachers. We tested an extensive model to determine how PPJ contributes to conflict management. We also extended research on PPJ to examine its impact on adolescents. Our results, acquired from a large and diverse sample of 256 high school students, indicate that PPJ had an impact on adolescents' approach to managing conflicts with their teachers. Students who perceived that their teachers' decision processes were just were less dominating and more avoiding, obliging, and compromising. In addition, we found that students' perceptions about the legitimacy of their teachers' authority mediated the relationships between PPJ and conflict management style. This study contributes to the rather scarce research on PPJ's role in conflict management and should be useful for educators searching for constructive, relationship‐based tools for conflict management.     

Ethnic Elites and Rituals of Provocation: Politicians,Pastors, and Paramilitaries in Northern Ireland

ABSTRACT

Prominent theories of ethnic conflict argue that instrumental ethnic elites incite violence in order to promote their own power. Yet this approach focuses primarily on political leaders and ignores other ethnic elites, meaning that we know little about how other influential actors think about provocation. In this paper, I present novel data from Northern Ireland on diverse elite attitudes toward polarising Protestant parades with a long history of sparking ethnic violence. Using original surveys of Protestant elected officials and clergy as well as interviews with ex-paramilitaries, this paper demonstrates that these elite groups have different, often competing, interests and opinions regarding contested parades: while politicians tend to support provocative parades, the others do not. By addressing elite actors that are often ignored, I present a more nuanced picture of elite-mass relations and ethnic mobilisation in conflict.