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.     

Strategic silence as a third way. Political parties and transitional justice

How do political parties react to transitional justice (TJ) processes? Do they always have to choose between supporting and rejecting the punishment of the outgoing elite and their collaborators? While Huntington emphasized the existence of two major approaches to TJ – for and against – this article argues there is a third way that has been relatively understudied – strategic silence. It will be argued that, under certain conditions, political calculations can lead to the adoption of silence as a deliberate strategy by certain political actors in TJ processes. Focusing on the Portuguese case (1974–1976), the article explores why, and under what conditions, silence is perceived as the best strategy in dealing with the past following the defeat or breakdown of an authoritarian regime.     

Authoritarian legacies,transitional justice and state crisis in Portugal's democratization

The nature of the Portuguese transition to democracy and the consequent state crises created a ‘window of opportunity’ in which the ‘reaction to the past’ was much stronger in Portugal than in the other Southern European transitions. The transition's powerful dynamic in itself served to constitute a legacy for the consolidation of democracy. This article analyses how the nature of the transition affected the legacy of authoritarianism superseding and transmuting that regime's impact on the ‘quality’ of Portugal's democracy, and illustrating how the majority of ‘authoritarian legacies’ were more a result of the nature of the transition than they were of the authoritarian regime.     

The politics of the post-conflict and post-disaster nexus in Nepal

The intersection of the post-conflict reconstruction processes established in Nepal’s Comprehensive Peace Agreement (CPA) in 2006, and the post-disaster reconstruction effort that swung into action following the country’s devastating earthquakes in 2015 provides an important opportunity to observe to what extent synergies between the two reconstruction processes have been successfully exploited. This paper critically examines these two processes, demonstrating that despite a growing recognition of the value of linking these processes by researchers, in practice they often remain separate. It shows how certain actors have framed the post-disaster reconstruction as unrelated to post-conflict activities in order to avoid what they perceive as the risk of politicising – and thus delaying – the post-disaster reconstruction process. The paper suggests that this is a mistake. The process of post-disaster reconstruction is innately political and intricately entwined with the very same issues and activities the post-conflict reconstruction process attempted to address. Moreover, we argue that the entire process is taking place within a political context which is a product of the as-yet unresolved post-conflict polity. Any reconstruction process that does not take this into account risks being undermined by the same challenges that underpinned the country’s conflict.     

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.     

The Paradox of Weakness in European Trade Policy: Contestation and Resilience in CETA and TTIP Negotiations

Over the last decade, trade negotiations with Canada and the United States met with considerable resistance from non-governmental organisations (NGO). Moreover, the negotiation mandates given to the European Commission were so broad as to include topics falling under so-called mixed competence of the EU and the member states, necessitating not only ratification by the EU Council of Ministers and the European Parliament, but also member states’ parliaments. At some point, these two factors almost seemed to paralyze the EU as a trade negotiator. In the end, however, the EU concluded an agreement with Canada, renegotiated its agreement with Mexico (while also concluding agreements with Singapore and Japan amongst others), while negotiations with the US were suspended. Three factors can account for this puzzling combination of apparent incapacity and blockage and surprising resilience of EU trade policymaking. First, the NGO contestation campaigns did not muster pan‐European but rather only varying degrees of support. Second, in addition to scrutiny by the European Parliament, consensus decision-making in the Council fosters accommodation of the demands of all member states. This leads to a low degree of negotiating autonomy on the part of the European Commission, yet large bargaining power for the European Union, as long as the other side wants agreement. Finally, a recent ruling by the Court of the EU facilitated the decoupling of agreements on portfolio investment and investment arbitration (one of the most difficult hurdles), from all other matters of trade and regulatory cooperation, making it easier to reach agreement.     

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.     

尼泊尔投资环境及中尼经贸现状分析

尼泊尔是我国的友好邻邦,经济发展较为落后,同时也正因为如此,尼泊尔对我国希望进军南亚的企业来说是个巨大市场。中尼之间经济具有较大的互补性,双边经贸合作存在较大的发展空间。本文主要介绍尼泊尔的贸易管理制度和投资管理制度以及中尼经贸合作的现状和影响双边经贸合作的因素等,供有关部门和企业参考。     

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.     

论尼泊尔与印度的关系及其发展趋势

君主制时期,尼泊尔同印度的关系绕着“控制与反控制”展开。尼泊尔建立联邦民主共和国后,政治外交政策也显示出和以往不同的灵活性,主动发展与印度的关系。普拉昌达政府旗帜鲜明地提出了发展独立自主的外交政策的政治观点,内帕尔政府从要求得到更多的经济发展自主权的角度,向印度的“控制”政策提出了反抗。     

元代以来西藏与尼泊尔边境管理及边界划分

中国和尼泊尔是友好邻邦，历史上及新中国建立后，双方对边界的管理本着友好和协商一致的原则进行，保持了边界的安宁。本文从中国传统的治边思想以及历代王朝对边疆地区的经略的分析，说明藏尼边境管理及其边界的划定促进了祖国统一、民族安定和各民族的交流融合。西藏与尼泊尔边境管理与边界划定堪称典范，在经济全球化的今天，中尼双方正在实践和行使好国家领土的主权，实现中尼双方经济双赢和人民安居乐业。     

Prevention,knowledge, justice: Robert Nozick and counterterrorism

ABSTRACT

This article explores questions of justice and moral permissibility of state action in counterterrorism through Robert Nozick’s Anarchy, State, and Utopia. Using the case of the Berlin attack in December of 2016 and the ensuing political debate over whether potential terrorists could be put into preventive custody as an illustrative example, it engages Nozick’s argument on prevention, knowledge and justice. In Nozick’s fierce defence of individual rights, the state comes into being as an aggregate of individuals and their inviolable rights, and thus possesses no moral legitimacy of its own. Individual rights must therefore not be violated for the sake of common goods. In conjunction with his emphasis on free will and the ensuing unpredictability of human decision-making, the article highlights the Nozickian position as a powerful account against the justification of preventive custody, thereby providing a moral “fail-safe” in counterterrorism discourses that build on just war theory and utilitarianism.     

The governance of justice and internal security in Scotland: between the Scottish independence referendum and British decisions on the EU

This article examines how the governance of justice and internal security in Scotland could be affected by the outcome of the Scottish independence referendum in September 2014. The article argues that it is currently impossible to equate a specific result in the referendum with a given outcome for the governance of justice and internal security in Scotland. This is because of the complexities of the current arrangements in that policy area and the existence of several changes that presently affect them and are outside the control of the government and of the people of Scotland. This article also identifies an important paradox. In the policy domain of justice and internal security, a ‘no’ vote could, in a specific set of circumstances, actually lead to more changes than a victory of the ‘yes’ camp.     

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.     

Procedural justice and perceived electoral integrity: the case of Korea's 2012 presidential election

Recently, there has been an increase in the number of scholars focusing on why voters around the world differ in their evaluations of electoral integrity. One group of scholars contends that perceived electoral integrity is determined by partisan status according to election results. Another group claims that individual perception of election quality is influenced by such political cues as institutional support for election management bodies. Although the two groups have developed this subject differently, they both underestimate the degree to which the election process affects electoral integrity. Based on the theory of procedural justice, this study argues that the more problems citizens see in the electoral process, the more negatively they tend to rate elections. An analysis of a public opinion survey conducted immediately after the December 2012 presidential election in South Korea provides credible evidence for our theoretical expectations and presents an important implication for elections of new democracies in a comparative perspective.     

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.     

Restorative justice in the aftermath of politically-motivated violence: the Basque experience

ABSTRACT

An emerging body of literature discusses how restorative justice can contribute to the response to terrorism. This paper expresses concerns about the uncritical acceptance of many orthodox assumptions about terrorism inherent in the search for a “restorative response” to terrorism. When restorative justice embraces the label “terrorism” in what appears to be a politically neutral sense, rather than opening up a critical discussion of realities of political violence and the factors that had propelled it, it may form part of the efforts designed to inculcate “truths” that help control political dissent. With its key aspiration being to restore a presumed healthy order disrupted by terrorist offences, restorative justice may be enlisted to help entrench social relations that led to the violence in the first place. The paper illustrates this danger by examining attempts to use restorative justice techniques by Spanish authorities in the aftermath of ETA or Euskadi Ta Askatasuna (“Basque Homeland and Freedom”) violence. It is argued that rather than searching for a “restorative response” to terrorism, a more adequate framework for restorative justice in the aftermath of politically motivated violence may be found within broader projects of reparation for historical injustices, remembering and political reconciliation.     

宗教与政治:当代伊朗政治现代化的困惑

自伊斯兰教什叶派成为伊朗官方宗教以来,在伊朗政治现代化进程中经历了参与、退出,再到主导的过程,从而使伊朗政治进程总是在宗教和政治两大因素间徘徊。从巴列维王朝的世俗化改革到霍梅尼神权政治理论的实践,宗教和政治两大因素在伊朗国家发展道路抉择中的竞争性,在本质上反映的是现代社会对宗教地位的定位问题。如何实现宗教与政治间的平衡,始终是伊朗政治发展面临的重大课题。