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.     

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.     

Judgement without justice: on the efficacy of the European human rights regime

The European Court of Human Rights (ECtHR) is widely regarded as the most important human rights court worldwide. This article investigates the extent to which the court addresses cases from countries with the worst human rights performance. Using a new data set on all ECtHR judgments from 1995–2012, the analysis suggests that the ECtHR does not deliver its judgments against members of the Council of Europe with the worst human rights records, but instead against more democratic and affluent states. The reason is that litigating in front of a supranational court requires capacities that vulnerable people are unlikely to possess, except when aided by transnational advocacy groups. However, more judgements are issued against countries that lack independent judiciaries, where cases are less likely to be resolved at the domestic level. While the ECtHR might not address the worst human rights crimes, it plays a subsidiary role in the European human rights protection system by compensating for weak domestic judiciaries. However, the court's inability to independently pursue litigation, together with the lack of capacity in some countries to bring cases forward, have hampered more effective protection of human rights for the most vulnerable in Europe.     

Focal Points and Turning Points in Negotiation: A Comparative Analysis

In this article, we examine the roles of focal points and turning points in negotiation. Both concern impasses in negotiation, and negotiators can exploit them to move past impasses. Each term uses the word “point” differently, however. A focal point refers to a single salient coordinating concept shared by the parties. A turning point is a departure that takes place during the course of a negotiation, when the course seems to change. Precipitants precede turning points and consequences follow them. In this article, we focus on the relationship of these two negotiation concepts. We raise the following questions: Does the development of focal points precipitate departures, and, if so, how? Do departures lead to the development of focal points, and, if so, how? Are there circumstances in which focal points do not precipitate turning points and vice versa? Do negotiations that feature focal points create more or less durable agreements? Do negotiations that include turning points create more or less durable agreements? To help answer these questions, we have analyzed four cases. In the German Foundation Agreement negotiation, the development of focal points precipitated turning points. In the South African Interim Constitution negotiations, turning point departures precipitated the development of focal points. And in the negotiations to end the Burundi civil war and to reach the Nouméa Accord between France and New Caledonia, parties shared focal points that did not precipitate turning points. These case analyses provide insights into the role of focal points in producing effective and durable agreements. They also suggest opportunities for further research on the interaction between these concepts.     

Responsive planning in development interventions: consulting rights-holders in the Sanitized Villages programme in Kongo Central

This article empirically examines one of the most important causes of the non-implementation of human rights-based approaches to development (HRBAD): their alleged limited relevance for actors on the ground. The article argues that claims about local relevance can only be made after meaningful consultation with local rights-holders. Consulting local rights-holders in order to ensure responsive planning is not only relevant for HRBADs, but for development interventions more generally. The article presents new material on the Sanitized Villages programme in the Democratic Republic of the Congo to assess whether and how rights-holders are consulted, and identifies four mechanisms that can facilitate meaningful consultation.     

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.     

Working with children as stakeholders in development: the challenges of organisational change

This article considers the challenges of promoting children's participation in development programming. It argues against the tendency to see the main obstacle to achieving this aim as technical. Instead it explores the institutional dimensions of change that may be required. The experience of a four-year process of training and organisational review within Save the Children Denmark provides the substance for reflection about the kinds of cultural and structural change that are implicated in enabling a development organisation to become capable of engaging young people as stakeholders in a meaningful and sustainable manner.     

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.     

Negotiating normative premises in democracy promotion: Venezuela and the Inter-American Democratic Charter

ABSTRACT

This article analyses negotiations on democracy promotion by looking at the case of the Inter-American Democratic Charter. It argues that Venezuela contested the concept of representative democracy during the Charter negotiations, advancing the notion of “participatory and protagonist democracy” and that, even if it was unsuccessful in its demands, the country contributed to deepening the debate on the concept of democracy, on which there is far from worldwide consensus. The article suggests that the main drivers of the negotiation process and the final agreement were domestic political changes in Venezuela, specific features of the negotiations, and the structural position of Venezuela in the field of democracy promotion in the global and regional contexts, which were, at the time, favourable to a compromising attitude to conclusion of the Charter, even if not to the concept of democracy.     

Participation in the Knowledge Society: the Free and Open Source Software (FOSS) movement compared with participatory development

The possibilities and limits of participation at the ‘bottom’ (represented, for example, by PRA and PLA) have been well articulated in development literature. However, the emergence of the Knowledge Society has opened up spaces for what we could call participation at the ‘top’ (free software, wiki, open access), the implications of which Development Studies is only beginning to grapple with. Building upon recent debates on the issue, we take the cases of the free software movement and participatory development, arguing that they share common ground in several ways. We aim to offer a few pointers on conceptualising development in the Knowledge Society.     

Violence,fear, and development in Latin America: a critical overview

This introduction presents the core concepts that shape this special issue on the impact of violence and the processes of development in Central and South America. The understanding of development is considered in terms broader than the economic context alone, in order to assess wider social and political aspects. With a similarly expansive scope, forms of violence are addressed that range from direct physical harm and bodily attack to the often more subtle aggression of racialised abuse or the pressures on community-centred production from dominant market forces. In these contexts, violence, economic initiatives, and political allegiances form unintended and often dangerous networks of consequence for development matters. All the articles in this volume exemplify further the spatial environments of violence and diverse ‘landscapes of fear’ that shape our existence and help to define our actions, territories, and understanding of what happens around us.     

Mapping the road to development: a methodology for scaling up participation in policy processes

Understanding local variability in context and mobilising local participation to define development agendas are widely accepted development strategies. There remain, however, significant challenges to the systematic and effective inclusion of local communities and households. Projeto MAPLAN, a pilot project in Ceará, Brazil, is a joint effort of the public sector and civil society designed to create a process of participatory development planning which integrates local-level contextual variations. In this effort, the use of a Participatory Geographic Information System (PGIS) stimulates the participation of community members in analysing their needs, goals, and priorities. The visualisation of these factors through easily understood maps facilitates communication and contributes to a democratic and transparent planning process, thus permitting the articulation of local priorities with the state-level planning apparatus. MAPLAN represents part of a shifting paradigm for rural development planning in the state and provides the tools for the effective inclusion of citizen voice in development policy.     

Doing development differently: Rituals of hope and despair in an INGO

Through an anthropological lens, using examples from working in an international NGO, I explore how and why a group of development workers navigated the coercive practices of aid in ways that benefitted their partners in Africa, Asia, and Latin America. Rather than seeking conspiracies to explain the gaps between development rhetoric and practices, I suggest that people both contest and collude with bureaucratic systems of rule. Youth Rights reformed various rituals and created different management practices internally, as well as maintaining its long-established solidarity approach with partners, but only managed to challenge the donors’ controls to a limited extent.     

Rural development from the ground up: agro-food initiatives in Tasmania

Concerns about the decline of rural agricultural communities have recently refocused on new economic opportunities available in regional food production. This article analyses three on-the-ground case studies of rural development projects in Tasmania, Australia that aimed to develop new regional food opportunities. It analyses these projects to identify how local food producers can create viable economic alternatives in rural settings. The projects illustrate that the existence of regional food assets alone is not enough to guarantee economic development success: rural producers need connections into relevant knowledge networks if they are to identify and respond to new agro-food market opportunities.     

Centring African culture in water,sanitation, and hygiene development praxis in Ghana: a case for endogenous development

International development aid is driven by actors steeped in Western neo-liberal theory and practice. Africa has largely received failed Western aid, administered mainly through international NGOs in neo-comprador relationships. This article calls for African-centred and -led development, revitalised through endogenous development (ED) praxis. Using a water, sanitation, and hygiene (WASH) sector case study from Ghana, the article theorises Africa's WASH development within the context of globalisation and the politics of knowledge production on Africa. It shows how ED provides African people with self-determining and culturally relevant development necessary for WASH justice and improved health and livelihoods.     

Uncovering land tenure insecurities: tips for tenure responsive land-use planning in Ethiopia

Land-use planning, although a mechanism for development, can also generate insecurity during its implementation. This article argues that tenure security and land-use planning should not be implemented in isolation from each other. It posits that land-use planning – rather than restricting the security of people's tenure – has the potential to serve as a means of securing tenure. The article explores tenure (in)security elements in land-use planning as a crucial challenge in the urban town of Gelan Sidama Awash, Ethiopia. Using data collected through stakeholders’ interviews, it uncovers their tenure security challenges, and outlines a set of measures for enhancing tenure security through land-use planning.