The unfinished business of the Solomon Islands TRC: closing the implementation gap

In 2012, the Solomon Islands truth and reconciliation commission (TRC) submitted its Final Report to the Solomon Islands Government. The Report detailed the underlying and proximate causes of the conflict, provided a record of the injustices perpetrated during its course, and presented a set of recommendations designed both to address the underlying sources of tension in Solomon Islands society and to guard against future hostilities. In the time that has since elapsed, however, successive Solomon Islands Governments have failed to uphold their obligations to publish the report and implement its recommendations. This article examines the reasons for this implementation gap and considers its ingoing ramifications for transitional justice and reconciliation in the Solomon Islands. It argues that the implementation gap can be attributed to a fundamental lack of political will, provoked by the TRC's decision to ‘name names,’ combined with the extremely limited economic capacity of the state. What is more, it also demonstrates that the failure to implement key recommendations has meant that the underlying causes of the conflict remain without adequate redress and that the legitimacy of the TRC and the Solomon Islands’ broader reconciliation process has been brought into serious question.     

Disciplinary Divides in Post-Conflict Justice and Peace: Tracking If and How we Share Ideas

ABSTRACT

The study of post-conflict justice and peace incorporates ideas from many disciplines and on a range of topics including justice, reconciliation, democratization, and peace. While diversity is valuable, it can also lead to confusion in theory and practice and so requires close evaluation of how diverse ideas interact, and to what end. This paper begins the systematic examination of such interactions by using new bibliometric software to track citations between two particularly influential literatures contributing to post-conflict theory: the legal and the psychosocial. The paper describes how these traditions interact and the impact on the post-conflict literature as a whole.     

Review article: the moral right to health: a survey of available conceptions

In recent years, there has been increasing recognition of both the philosophical questions engendered by the idea of a human right to health and the potential of philosophical analysis to help in the formulation of better policy. In this article, I attempt to locate recent work on the moral right to health in a number of historically established conceptions, with the aim of providing a map of the conceptual landscape as to the claims expressed by such a right.     

Antipodean Statebuilding: The Regional Assistance Mission to Solomon Islands and Australian Intervention in the South Pacific

Abstract

This essay analyses Australian-led statebuilding efforts in Solomon Islands, through the Regional Assistance Mission to Solomon Islands (RAMSI). RAMSI has often been offered as a successful example of statebuilding worthy of international consideration. Here, some of the limitations of the RAMSI mission and its progress in rebuilding the ‘failed’ South Pacific state will be carefully assessed. Despite significant short-term statebuilding successes in restoring security and stabilizing the economy, RAMSI faces long-term challenges centred on the complex politics of political community-building. As an example of ‘best practice’ statebuilding, RAMSI highlights the complexities involved with the two-level game of international intervention: the (conflicting) challenge of reconciling the need to respect sovereign sensitivities with the need to undertake robust political engagement.     

Transitional Justice and Its Discontents: Socioeconomic Justice in Bosnia and Herzegovina and the Limits of International Intervention

ABSTRACT

The incorporation of socioeconomic concerns into transitional justice has traditionally, as a result of prevailing liberal notions about dealing with the past, been both conceptually and practically difficult. This article demonstrates and accounts for these difficulties through the case of Bosnia and Herzegovina, a country which has been characterized by a complex transition process and a far-reaching international intervention, encompassing transitional justice and peacebuilding as well as political and economic reforms. Examining the limits of international intervention in Bosnia and the marginalization of socioeconomic justice issues, the article analyses the events surrounding the protests that broke out in February 2014, and the ensuing international engagement with the protest movement. Faced with a broad-based civic movement calling for socioeconomic justice, the international community struggled to understand its claims as justice issues, framing them instead as problems to be tackled through reforms aimed at completing Bosnia’s transition towards a market economy. The operation of peacebuilding and transitional justice within the limits of neoliberal transformation is thus instrumental in explaining how and why socioeconomic justice issues become marginalized, as well as accounting for the expression of popular discontent where justice becomes an object of contestation and external intervention.     

Reflections of the nexus between justice and peacebuilding

This commentary reflects on eight articles recently published in this journal as part of a special issue on the nexus between transitional justice and statebuilding (Volume 10, Issue 3, 2016). It positions the special issue within an emerging ‘fourth phase’ literature on transitional justice that draws on critiques of liberal peacebuilding to urge an expansion of its boundaries to embrace socio-economic issues. It is argued that the type of analysis found in the special issue, characterized by in-depth, on-the-ground empirical analysis of complex domestic politics of material accumulation and ideological contestation, marks a significant and welcome advance in a literature which to this point has been largely de-contextualized, exhortatory and over-reliant on tired binaries of the ‘international and the local’ or the ‘liberal and legitimate’.     

Review Article: The environmental turn in territorial rights

Recent theories of territorial rights could be characterized by their growing attention to environmental concerns and resource rights (understood as the rights of jurisdiction and/or ownership over natural resources). Here I examine two: Avery Kolers’s theory of ethnogeographical plenitude, and Cara Nine’s theory of legitimate political authority over people and resources. While Kolers is a pioneer in demanding ecological sustainability as a minimum requirement for any viable theory of territorial rights – building a bridge between environmental and political philosophy – Nine highlights a crucial distinction when looking at territorial rights from a global justice perspective, namely that between jurisdictional powers and ownership rights over resources. Daring and innovative at first glance, I claim that both theories present, however, deep ambiguities and retreat from their radical implications which, if taken seriously, would lead to a massive redrawing of current territorial borders.     

Structural injustice and the legitimacy of the state-centric system

ABSTRACT

Catherine Lu’s seminal Justice and Reconciliation in World Politics is right to stress the enduring nature of some colonialist structural indignities. It is less clear, however, if structural injustices justify Lu’s demand for revolutionary changes of the global order. Before transforming the pluralist state-centric system, we need transparent criteria that help us agree on the severity of structural injustices. Considering Lu’s strong focus on the colonialist origins of contemporary injustices, one would also like to know if and how their historical background affects their present moral status. The essay concludes that, in a multicultural global society with diverse moral values, we should focus on tackling the most glaring injustices and on rectifying those where accountabilities are least controversial.     

联合国国际人权两公约之背景,内容与意义

联合国国际人权两以约是国际社会在人权保护方面最重要的两个公约。两公约诉产生过程,内容和执行体系,都表明国际社会在人权保护领域既普遍的共识,也有尖锐的分歧。两公约本身即是求同存异的产物,它是尽可能地融合了东西方国家对人权的不同理解,充实和发展了《联合国宪章》中关于基本人权的内容和为人权领域的国际合作提供了国际法依据。但是,人权进行国际法领域,并不意味着可以把人权作为攻击或干涉他国内政的工具,借口不人     

Negotiating Reconciliation in Rwanda: Popular Challenges to the Official Discourse of Post-Genocide National Unity

Reconciliation is among the most contested terms in current peacebuilding and transitional justice debates. Critics often view reconciliation as romantic—expecting immediate harmony after enormous harm—or imposed on victims by religious groups or governments that prefer the language of ‘moving on’ to addressing systemic causes of conflict. This essay reconsiders the concept of ‘reconciliation’ by drawing on community-level experiences in post-genocide Rwanda. This context highlights nuanced interpretations of reconciliation that, in key respects, respond to critics' concerns and call for reappraisal of reconciliation as a central objective after mass violence. In particular, many Rwandans' participation in the gacaca community courts—which, between 2002 and 2012, prosecuted 400,000 genocide suspects in around 1 million cases in 11,000 jurisdictions overseen by locally elected lay judges—represents a form of negotiated reconciliation. This version emphasizes long-term formal and informal negotiations between antagonistic parties during gacaca hearings but crucially long after trials have ended. In contrast, the transactional reconciliation advocated by the Rwandan government through its discourse of ‘national unity’ views reconciliation as immediate and elite-imposed—a perspective that rightly raises the ire of critics but to which negotiated reconciliation offers an important riposte. This essay is based on more than 650 interviews between 2003 and 2014 with Rwandan genocide suspects, convicted perpetrators, survivors, gacaca judges and policymakers as well as observations of 105 gacaca hearings in 13 communities across Rwanda.     

刑事调解制度在我国构建的文化与理论基础——从构建和谐社会的视角

任何一种法律制度的存在都根植于一定的文化与理论基础之上,刑事调解制度也不例外。研究刑事调解制度构建的文化与理论基础,可以为刑事调解制度的构建提供理论上的支持与制度设计上的参考;而刑事调解制度的成功构建,能够有效地促进我国刑事司法的人性化,更好地推动我国和谐社会的建设与发展。     

Contested Governance: Understanding Justice Interventions in Post-Qadhafi Libya

ABSTRACT

This contribution reflects upon the nexus between transitional justice and peacebuilding through a study of how transitional justice practices in post-Qadhafi Libya interacted with broader efforts to establish governance institutions in the aftermath of Libya’s 2011 armed conflict. It argues that dominant practices of transitional justice, promoted by external actors, prescribed narrow state-centric justice interventions that were ill-suited for a polity in which the state was highly contested. In fact, transitional justice proved divisive in Libya because attempts to project state-centric liberal justice practices were limited by their targeting of weak institutions that lacked local legitimacy and their inability to reconcile alternative normative frameworks that challenge the modern state. In addition, the weakness of Libya’s state institutions allowed thuwwar, or revolutionary armed groups, to dictate an exclusionary form of justice known as political isolation. Drawn from fieldwork conducted in Libya, this contribution provides lessons for both peacebuilding and transitional justice practice that call for a rethinking of teleological notions of transition and greater engagement with notions and concepts that fall outside dominant practices.     

Falling into the justice gap? Between duties of social and global justice

The literature on cosmopolitan justice has yet to address what principles to adopt when duties of global justice and duties of social justice are in conflict. In this paper, I address David Miller’s contention that some may fall into the justice gap since we need to prioritize duties of social justice in cases of conflict. I argue that Miller’s analysis depends on three stipulations: the incommensurability of the values underlying duties of social justice and those of global justice; the need to justify duties of justice to their holders; and the need to consider the necessary institutions to realize and implement justice obligations. I argue against the incommensurability clause by showing that both conceptions of justice pursue moral equality as the underlying and commensurate value. Instead, I propose that the currencies of justice we employ in the two contexts of justice are different. Discussing the justifiability clause I agree with the stipulation that we have to justify decisions that affect the realization of justice to those who have to carry the burden of realizing them. This implies, however, that we may have to accept that some prioritize duties of global justice over duties of social justice. If this is the case, it seems as though the state has little recourse to prioritize duties of social justice. Finally, discussing Miller’s institutional clause I ask why the justice relevant institutions can only be those of the state. It is plausible to say that in our current world, institutions of humanitarian aid are effective means to satisfy duties of global justice.     

Might Makes Right: War-Related Payments in Bosnia and Herzegovina

ABSTRACT

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.     

Justified state partiality and the vulnerable subject in migration

According to David Miller, there exists a special relationship between migrants at the border and members of a political community that the migrant hopes to join. It is the task of a political philosophy of migration to define a state’s obligations toward individuals who are vulnerable to the state’s actions without being members of the political community. I define the vulnerability in question as lacking capacity to be autonomous for lack of options to realize one’s plan of life. I then discuss Miller’s claim that what matters is sufficiency of generic options rather than access to all options. Miller wants to say that sufficiency can be achieved by assuring the protection of human rights. This claim neglects the source of the individual migrant’s vulnerability. I therefore argue that Miller neglects the specific relationship he has identified between potential host state and hopeful migrant, and advocate instead that the potential host state has to consider the vulnerability that is due to its own policies, such as migration regimes. This grounds a causal responsibility to protect the basic interest in leading autonomous lives for the migrant at the border.     

论刑法明确性原则的价值蕴涵和现代意义

刑法明确性原则是资产阶级在刑法领域里反对专制社会罪刑擅断主义所取得的一项划时代的进步成果,目前已被世界各国的刑事法典普遍加以确认。作为罪刑法定原则在刑事立法领域的深层次体现,它符合建立现代民主和法治社会的要求,有助于保障人权、健全法治,促进司法公正和提高司法效率。在我们努力建设社会主义法治国家的今天,对该原则的法律价值和社会意义进行界定和归整,对建立以人为本的和谐法治社会具有重要意义。     

The Review of Victoria's Guardianship Legislation: State Policy Development in an Age of Human Rights

This article considers the Victorian government's decision to review the state's guardianship legislation and notes the significant place international human rights developments are playing in that review. The article recognises the opportunities these developments present for reworking the guardianship legislation to increase the autonomy and decision-making power of people with disabilities, but also considers the challenge these developments present to ensuring that society continues to protect its most vulnerable citizens.     

Animals, Ethics and Public Policy

In orthodox moral thinking in the West, animals count for something but human interests take precedence. It is argued that this moral orthodoxy or animal welfare position is flawed. It fails to take into account that some animals, like humans, are persons and that some, so-called 'marginal' humans lack personhood. More importantly, although it is likely that animals do not have an interest in liberty for its own sake and have less of an interest in continued life than humans, there is little justification for the animal welfare claim that an animal's suffering should be regarded as less important morally than that of a human. It is concluded that the adoption of a 'sentiency position', whereby animals have a right not to suffer, has radical implications for the way animals are treated, ruling out intensive forms of animal agriculture and those scientific procedures that inflict suffering as morally illegitimate.     

The quest for inclusion and citizenship in Ghana: challenges and prospects

Ghana's tortuous journey to democracy received a major boost in the year 2006 with the enactments of two human-rights-related pieces of legislation. In this article the author contends, on the one hand, that the recent enactments of an amendment to the law on representation of the people and the persons with disability law in Ghana constituted a noteworthy landmark in the search for inclusive citizenship. On the other hand, the relation between society and the political authority during the processes of the enactments highlighted characteristics of a post-colonial African state. The author explores the antagonisms that surrounded the enactments of these laws. The article concludes that although the Ghanaian experience represents a new wave of re-thinking of rights in Africa, it also underscores the deep-seated issues of contestation and negotiations that unavoidably accompany the expansion of democracy and extension of rights to the excluded and the marginalized.