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Transitional Justice

Missionary Zeal for a Secular Mission: Bringing Gender to Transitional Justice and Redemption to Feminism

Citation:

Nesiah, Vasuki. 2011. "Missionary Zeal for a Secular Mission: Bringing Gender to Transitional Justice and redemption to Feminism." In Feminist Perspectives on Contemporary International Law: Between Resistance and Compliance, ed. Sari Kouvo and Zoe Pearson, 137-159. Portland, Or: Hart. 

Author: Vasuki Nesiah

Topics: Feminisms, Gender, Justice, Transitional Justice, Religion

Year: 2011

Invigorating Democracy in Turkey: The Agency of Organized Islamist Women

Citation:

Aksoy, Hürcan Aslı. 2015. “Invigorating Democracy in Turkey: The Agency of Organized Islamist Women.” Politics & Gender 11 (01): 146–70. doi:10.1017/S1743923X1500001X.

Author: Hürcan Aslı Aksoy

Abstract:

The Islamist Justice and Development Party (Adalet ve Kalkınma Partisi, henceforth AKP) came to power in 2002 with the promise of consolidating democracy and strengthening civil society to further Turkey's bid to join the European Union (EU). To this end, in its first term in the parliament (2002–2007), the AKP implemented a set of political reforms that lifted the restrictions on political and civil rights such as the freedom of assembly, associations, and expression and improved the rule of law (Kubicek 2005; Müftüler-Baç 2005). The AKP, as it has promised in its election campaigns, also engaged civil society into policy-making processes. In the initial years of the AKP, diverse civil society actors gathered on broad civil society platforms and worked with the AKP government to consolidate Turkish democracy (Keyman 2010; Kubicek 2005). Although the Islamist segments of civil society began to integrate into the secular political sphere and to voice their demands more freely, Islamist women's civil society organizations (CSOs) have not fully benefited from this transforming political atmosphere under the AKP.

Topics: Civil Society, Democracy / Democratization, Gender, Women, Transitional Justice, Political Participation Regions: Africa, MENA, Asia, Europe, Southern Europe Countries: Turkey

Year: 2015

Gendered Justice Gaps in Bosnia-Herzegovina

Citation:

Björkdahl, Annika, and Johanna Mannergren Selimovic. 2014. “Gendered Justice Gaps in Bosnia-Herzegovina.” Human Rights Review 15 (2): 201–18.

Authors: Annika Björkdahl , Johanna Mannergren Selimovic

Abstract:

A gendered reading of the liberal peacebuilding and transitional justice project in Bosnia-Herzegovina raises critical questions concerning the quality of the peace one hopes to achieve in transitional societies. By focusing on three-gendered justice gaps--the accountability, acknowledgement, and reparations gaps--this article examines structural constraints for women to engage in shaping and implementing transitional justice, and unmasks transitional justice as a site for the long-term construction of the gendered post-conflict order. Thus, the gendered dynamics of peacebuilding and transitional justice have produced a post-conflict order characterized by gendered peace and justice gaps. Yet, we conclude that women are doing justice within the Bosnian-Herzegovina transitional justice project, and that their presence and participation is complex, multilayered, and constrained yet critical.

Keywords: gender, gender-just peace, 'transitional justice', Bosnia-Herzegovina, Critical agency

Topics: Gender, Women, Justice, Transitional Justice, Peacebuilding, Post-Conflict Regions: Europe, Balkans, Eastern Europe Countries: Bosnia & Herzegovina

Year: 2014

Feminist Research in Transitional Justice Studies: Navigating Silences and Disruptions in the Field

Citation:

Simic, Olivera. 2016. “Feminist Research in Transitional Justice Studies: Navigating Silences and Disruptions in the Field.” Human Rights Review 17 (1): 95–113.

Author: Olivera Simic

Abstract:

This paper will analyse what it takes to conduct feminist and sensitive research in countries that have seen mass human rights violations. Transitional justice research involves critical examination of difficult topics which raises a number of ethical and methodological issues for both the participants and the researchers. Although empirical research has been a facet of the studies produced in the field, researchers' accounts of undertaking research in often politically sensitive environments is largely missing from published books and research reports. This paper is informed by personal experiences of doing research in wartime rape in the ethnically and politically divided country of Bosnia and Herzegovina. I argue that the researcher's profile and positionality directly affects the fieldwork and that fieldwork is a dialogical process which is structured by the researcher and the wider political processes in the country.

Keywords: feminist research, sensitive topics, personal reflections, transitional justice

Topics: Feminisms, Gender, Justice, Transitional Justice, Rights, Human Rights, Sexual Violence, Rape Regions: Europe, Balkans, Eastern Europe Countries: Bosnia & Herzegovina

Year: 2016

Engendering Transitional Justice: a Transformative Approach to Building Peace and Attaining Human Rights for Women

Citation:

Lambourne, Wendy, and Vivianna Rodriguez Carreon. 2016. “Engendering Transitional Justice: A Transformative Approach to Building Peace and Attaining Human Rights for Women.” Human Rights Review 17 (1): 71–93.

Authors: Wendy Lambourne, Vivianna Rodriguez Carreon

Abstract:

In this article, we examine the continuity of harms and traumas experienced by women before, during and after war and other mass violence. We focus on women because of the particular challenges they face in accessing justice due to patriarchal structures and ongoing discrimination in the political, economic and social, as well as legal spheres, and because of the gendered nature of the crimes and harms they experience. We use the four key pillars of transitional justice identified by the United Nations as a framework to analyse how these harms are addressed in the context of criminal prosecutions, truth commissions, reparations and institutional reform. We conclude that a gender-transformative approach to transitional justice that focuses on transforming psychosocial, socioeconomic and political power relations in society is needed in order to attain human rights for women and build a sustainable peace.

Keywords: gender, women's rights, sexual violence, transitional justice, peace building, transformative justice

Topics: Gender, Women, Gendered Power Relations, Patriarchy, Justice, Transitional Justice, TRCs, Peacebuilding, Rights, Human Rights, Women's Rights, Sexual Violence, Violence

Year: 2016

After the Truth Commission: Gender and Citizenship in Timor-Leste

Citation:

Kent, Lia. 2016. “After the Truth Commission: Gender and Citizenship in Timor-Leste.” Human Rights Review 17 (1): 51–70. 

Author: Lia Kent

Abstract:

This article explores the relationship between truth commissions and gendered citizenship through a case study of Timor-Leste. It examines how, 10 years after the Commission for Reception, Truth and Reconciliation (CAVR) has completed its work, women's citizenship remains constrained by, and negotiated within, deeply gendered narratives of nation-building that are informed by historical experiences of the resistance struggle. The power of these narratives--which foreground heroism rather than victimisation--underscores the need to situate truth commissions as part of an ongoing politics of memory. Despite the power of political elites to shape this politics, the continued marginalisation of sections of society within official narratives is also providing an impetus for alternative truth-telling efforts that seek to broaden public perspectives on the past. By promoting new narratives of women's experiences of the conflict, these projects might be understood as attempts to negotiate and transform gendered conceptions of citizenship in the present and for the future.

Keywords: truth commissions, memory, politics, gender, citizenship, Timor-Leste

Topics: Citizenship, Gender, Women, Gendered Power Relations, Justice, Transitional Justice, Political Participation Regions: Oceania Countries: Timor-Leste

Year: 2015

Gendered Narratives: Stories and Silences in Transitional Justice

Citation:

Porter, Elisabeth. 2015. “Gendered Narratives: Stories and Silences in Transitional Justice.” Human Rights Review 17 (1): 35–50. doi:10.1007/s12142-015-0389-8.

Author: Elisabeth Porter

Abstract:

Stories told about violence, trauma, and loss inform knowledge of post-conflict societies. Stories have a context which is part of the story-teller's life narrative. Reasons for silences are varied. This article affirms the importance of telling and listening to stories and notes the significance of silences within transitional justice's narratives. It does this in three ways. First, it outlines a critical narrative theory of transitional justice which confirms the importance of narrative agency in telling or withholding stories. Relatedly, it affirms the importance of story-telling as a way to explain differentiated gender requirements within transitional justice processes. Second, it examines gendered differences in the ways that women are silenced by shame, choose silence to retain self-respect, use silence as a strategy of survival, or an agential act. Third, it argues that compassionate listening requires gender-sensitive responses that recognize the narrator's sense of self and needs.

Keywords: compassionate listening, gendered narratives, narrative agency, silences, stories in transitional justice

Topics: Gender, Health, Mental Health, Justice, Transitional Justice, Violence

Year: 2015

There Is a Crack in Everything: Problematising Masculinities, Peacebuilding and Transitional Justice

Citation:

Hamber, Brandon. 2016. “There Is a Crack in Everything: Problematising Masculinities, Peacebuilding and Transitional Justice.” Human Rights Review 17 (1): 9–34.

Author: Brandon Hamber

Abstract:

The study of masculinity, particularly in peacebuilding and transitional justice contexts, is gradually emerging. The article outlines three fissures evident in the embryonic scholarship, that is the privileging of direct violence and its limited focus, the continuities and discontinuities in militarised violence into peace time, and the tensions between new (less violent) masculinities and wider inclusive social change. The article argues for the importance of making visible the tensions between different masculinities and how masculinities are deeply entangled with systems of power and post-conflict social, political and economic outcomes. An analysis of masculine power within and between the structures aimed at building the peace in societies moving out of violence is considered essential. The article argues for an analysis that moves beyond a preoccupation with preventing violent masculinities from manifesting through the actions of individuals to considering how hidden masculine cultures operate within a variety of hierarchies and social spaces.

Keywords: masculinity, peacebuilding, transitional justice, gender, political violence, hegemony, intersectionality

Topics: Gender, Masculinity/ies, Justice, Transitional Justice, Peacebuilding, Rights, Human Rights, Violence

Year: 2015

The Violence of Peace: Ethnojustice in Northern Uganda

Citation:

Branch, Adam. 2014. “The Violence of Peace: Ethnojustice in Northern Uganda.” Development and Change 45 (3): 608–30. doi:10.1111/dech.12094.

Author: Adam Branch

Abstract:

Traditional justice, or what this article refers to as ‘ethnojustice’, claims to promote social reconstruction, peace and justice after episodes of war by rebuilding traditional order. Ethnojustice has become an increasingly prominent mode of transitional justice in northern Uganda. As such interventions multiply throughout Africa, it is essential to probe their political and practical consequences. This article situates ethnojustice theoretically within the broader discourse, practice and institutions of transitional justice, and historically within the reaction against orthodox liberal transitional justice from within the industry. Through an engagement with ethnojustice texts and interventions in the Acholi region of northern Uganda, the article argues that ethnojustice can end up extending forms of unaccountable, patriarchal power within Acholi society, funded and supported by the Ugandan state and international donors. In addition to underpinning this project of social discipline, ethnojustice also benefits the Ugandan state in its effort to avoid accountability for its violence during the war.

Topics: Ethnicity, Gendered Power Relations, Patriarchy, Justice, Transitional Justice, Post-Conflict Regions: Africa, East Africa Countries: Uganda

Year: 2014

Performing Repatriation? The Role of Refugee Aid in Shaping New Beginnings in Mauritania

Citation:

Fresia, Marion. 2014. “Performing Repatriation? The Role of Refugee Aid in Shaping New Beginnings in Mauritania.” Development and Change 45 (3): 434–57. doi:10.1111/dech.12086.

Author: Marion Fresia

Abstract:

Academic work on transitional justice has tended to focus on the most obvious and institutionalized sites where ideas about justice and transition are discussed or contested, such as truth commissions or international tribunals. Yet, there are many other sites where such ideas are framed, circulated or challenged, including sites outside transitional countries. Drawing on the case of Mauritania, where the repatriation of refugees has played a highly symbolic role during the latest ‘democratic’ transition, this article explores the specific roles played by refugee aid and past experiences of refugee life in shaping the terms of new beginnings in this country. As places of intense politicization of memory and appropriation of transnational discourses on human rights violations and transitional justice, refugee camps enhance the construction of new imagined communities based on a feeling of victimhood and abnormality and the construction of hegemonic narratives over the ‘just order’ to be aspired to for the future. The article outlines how such hegemonic ideas on justice and transition are shaped by humanitarian actors and the refugee elite, while at the same time being contested by subaltern groups through the production of alternative accounts of past injustices and through mundane practices.

Topics: Displacement & Migration, Refugees, Refugee/IDP Camps, Gender, Women, Gender Roles, Humanitarian Assistance, Justice, Transitional Justice Regions: Africa, West Africa Countries: Mauritania

Year: 2014

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