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Transitional Justice

Investigating Gender-Based Violence in Transitional Justice Context: the Case of Brazil

Citation:

Gabyshev, Vladimir, Galina Nelaeva, Natalia Sidorova, and Elena Khabarova. 2019. "Investigating Gender-Based Violence in Transitional Justice Context: the Case of Brazil." Latinskaia Amerika, no. 8, 35-46.

Authors: Vladimir Gabyshev, Galina Nelaeva, Natalia Sidorova, Elena Khabarova

Abstract:

The concept “transitional justice” is usually applied in the context of post-conflict resolution or transition from authoritarian regime to democracy. There is a whole range of various judicial and non-judicial mechanisms that are applied in the process of transitional justice that may include lustration, public apology, restitution of property, as well as formal judicial processes. Among the instruments of transitional justice are truth commissions (truth and reconciliation commissions). This article examines the activities of Brazilian National Truth Commission (2011) with a view to examine the gender dimension of its work. It is no secret that gender-based violence in the post-conflict settings often remains an overlooked phenomenon.

Keywords: transitional justice, truth and reconciliation commissions, gender-based violence, reconciliation

Topics: Gender, Gender-Based Violence, Justice, Transitional Justice, TRCs, Post-Conflict Regions: Americas, South America Countries: Brazil

Year: 2019

Mainstreaming Gender in European Union Transitional Justice Policy: Towards a Transformative Approach?

Citation:

de Almagro, Maria Martin. 2019. "Mainstreaming Gender in European Union Transitional Justice Policy: Towards a Transformative Approach?" In Gender Roles in Peace and Security, edited by Manuela Scheuermann and Anja Zurn, 149-64. Cham: Springer.

Author: Maria Martin de Almagro

Abstract:

The European Parliament awarded its prestigious Sakharov Prize in October 2016 to two Iraqi Yazidi women who were held as sex slaves by Islamic State militias. Some months before, the ICC issued its landmark conviction of Jean Pierre Bemba for his responsibility as commander-in-chief for sexual and gender-based violence carried out by his troops in the Central African Republic in May 2016. Both events are evidence of the increasing awareness at the EU, and internationally, of the need to amplify women’s experiences of violence and their claims to justice. In Guatemala, for example, a court recently convicted two former military officers of crimes against humanity for having enslaved, raped and sexually abused 11 indigenous Q’eqchi’ women at the Sepur Zarco military base during the armed conflict in Guatemala.

Topics: Armed Conflict, Gender, Women, Gender-Based Violence, Gender Mainstreaming, International Law, International Criminal Law, International Organizations, Justice, Crimes against Humanity, Transitional Justice, Military Forces & Armed Groups, Militias, Sexual Violence, Rape, Sexual Exploitation and Abuse, Sexual Slavery, Violence Regions: Africa, MENA, Central Africa, Americas, Central America, Asia, Middle East Countries: Central African Republic, Guatemala, Iraq

Year: 2019

Transitional Justice, Gender-Based Violence, and Women's Rights

Citation:

Fanneron, Evelyn, Eunice N. Sahle, and Kari Dahlgren. 2019. "Transitional Justice, Gender-Based Violence, and Women's Rights." In Human Rights in Africa, edited by Evelyn Fanneron, 89-144. New York: Palgrave Macmillan.

Authors: Evelyn Fanneron, Eunice N. Sahle, Kari Dahlgren

Abstract:

In this chapter, Evelyn Fanneron, Eunice N. Sahle, and Kari Dahlgren examine sources of gender-based violence in the context of conflict. Further, they explore the gendered underpinnings of transitional justice drawing on transitional justice mechanisms (TJMs in Rwanda and Sierra Leone). The chapter pays particular attention to these TJMs’ approach to wartime sexual violence in order to assess the ways in which they have begun to account for gendered harms and the ways in which they have not yet achieved gendered justice. To achieve its aims, the chapter draws insights from feminist concerns regarding human rights discourse and TJMs’ approaches to gender-based violence and wartime sexual violence.

Topics: Conflict, Feminisms, Gender, Gender-Based Violence, Justice, Transitional Justice, Rights, Human Rights, Sexual Violence Regions: Africa, Central Africa, East Africa, West Africa Countries: Rwanda, Sierra Leone

Year: 2019

Gender, Resistance and Transnational Memories of Violent Conflicts

Citation:

Stoltz, Pauline. 2020. Gender, Resistance and Transnational Memories of Violent Conflicts. Cham: Palgrave Macmillan.

Author: Pauline Stoltz

Keywords: memory, transitional justice, resistance, gender, transnationalism, conflict

Annotation:

Summary: 
This book investigates the importance of gender and resistance to silences and denials concerning human rights abuses and historical injustices in narratives on transnational memories of three violent conflicts in Indonesia. Transnational memories of violent conflicts travel abroad with politicians, postcolonial migrants and refugees. Starting with the Japanese occupation of Indonesia (1942–1945), the war of independence (1945–1949) and the genocide of 1965, the volume analyses narratives in Dutch and Indonesian novels in relation to social and political narratives (1942–2015). By focusing on gender and resistance from both Indonesian and Dutch, transnational and global perspectives, the author provides new perspectives on memories of the conflicts that are relevant to research on transitional justice and memory politics. (Summary from Palgrave Macmillan)

Topics: Armed Conflict, National Liberation Wars, Occupation, Coloniality/Post-Coloniality, Conflict, Displacement & Migration, Migration, Refugees, Gender, Genocide, Justice, Transitional Justice, Rights, Human Rights, Violence Regions: Asia, Southeast Asia Countries: Indonesia

Year: 2020

Transitional Justice in South Africa and Brazil: Introducing a Gendered Approach to Reconciliation

Citation:

Nelaeva, Galina, and Natalia Sidorova. 2019. "Transitional Justice in South Africa and Brazil: Introducing a Gendered Approach to Reconciliation." BRICS Law Journal 6 (2): 82-107.

Authors: Galina Nelaeva, Natalia Sidorova

Abstract:

The concept of transitional justice has been associated with the periods of political change when a country emerges from a war or turmoil and attempts to address the wrongdoings of the past. Among various instruments of transitional justice, truth commissions stand out as an example of a non-judicial form of addressing the crimes of the past. While their setup and operation can be criticized on different grounds, including excessive politization of hearings and the virtual impossibility of meaningfully assessing their impact, it has been widely acknowledged in the literature that the Truth and Reconciliation Commission in South Africa can be regarded as a success story due to its relatively strong mandate and widespread coverage and resonance it had in South African society. We would like to compare this commission from the 1990s with a more recent example, the Brazilian National Truth Commission, so as to be able to address the question of incorporation of gendered aspects in transitional justice (including examination of sexual violence cases, representation of women in truth-telling bodies, etc.), since gender often remains an overlooked and silenced aspect in such initiatives. Gendered narratives of transitional justice often do not fit into the wider narratives of post-war reconciliation. A more general question addressed in this research is whether the lack of formal procedure in truth commissions facilitates or hinders examination of sexual crimes in transitional settings.

Keywords: transitional justice, truth commissions, post-conflict resolution, gender-based violence, reconciliation

Topics: Gender, Justice, Transitional Justice, TRCs, Post-Conflict, Sexual Violence Regions: Africa, Southern Africa, Americas, South America Countries: Brazil, South Africa

Year: 2019

Gender-Aware and Place-Based Transitional Justice in Guatemala: Altering the Opportunity Structures for Post-Conflict Women's Mobilization

Citation:

Destrooper, Tine, and Stephan Parmentier. 2018. "Gender-Aware and Place-Based Transitional Justice in Guatemala: Altering the Opportunity Structures for Post-Conflict Women's Mobilization." Social & Legal Studies 27 (3): 323-44.

Authors: Tine Destrooper, Stephan Parmentier

Abstract:

Place-based approaches to transitional justice, which foreground victim participation, have become increasingly popular in the last decade. The assumption is that these approaches enhance legitimacy, increase the local relevance of interventions, and empower victims. However, the causal mechanisms by which this alleged empowerment takes place, are not usually studied in great detail. This article examines whether altering the opportunity structures of (germinal) civil society organizations is one of the ways by which this empowering effect might take hold. The authors argue that in Guatemala, the transitional justice process, and in particular the truth commission, did indeed significantly alter the opportunity structures of grassroots indigenous women’s groups, most notably by providing these groups with support to develop their own agenda and with access to ‘elite allies’. Yet the fieldwork performed hitherto would also advise against treating localized and participatory approaches to transitional justice as a panacea, for even if a genuine bottom-up approach is promising, the ongoing institutionalization of the field of transitional justice makes adequate implementation of such an approach difficult; and especially in cases where victims face intersectional discrimination positive effects may be slow to materialize.

Keywords: civil society, Guatemala, localization, place-based interventions, 'transitional justice', women's movements

Topics: Civil Society, Gender, Women, Justice, Transitional Justice, TRCs Regions: Americas, Central America Countries: Guatemala

Year: 2018

Gendering Tunisia's Transition: Transformative Gender Justice Outcomes in Times of Transitional Justice Turmoil?

Citation:

Ketelaars, Elise. 2018. "Gendering Tunisia's Transition: Transformative Gender Justice Outcomes in Times of Transitional Justice Turmoil?" The International Journal of Transitional Justice 12 (3): 407-26.

Author: Elise Ketelaars

Abstract:

In the summer of 2017 Tunisia achieved some notable victories in the field of women’s rights, while at the same time it witnessed the further backtracking of its already fragile transitional justice process. Though various analyses in local and international media have touched upon the current regime’s use of gender-friendly policies to cover up its otherwise illiberal agenda, few have considered what the consequences of these developments are for the advancement of gender justice in Tunisia. This article looks into this question, focusing specifically on the transformative potential of the activities of Tunisia’s Truth and Dignity Commission. It uses these insights to feed into the feminist academic debate on ‘transformative justice.’ The Tunisian case study shows that reliance on technical innovations within traditional transitional justice mechanisms does not necessarily guarantee the pursuance of transformative justice outcomes which cross political divides.

Topics: Feminisms, Gender, Governance, Justice, Transitional Justice, TRCs, Rights, Women's Rights Regions: Africa, MENA, North Africa Countries: Tunisia

Year: 2018

The Emerging LGBTI Rights Challenge to Transitional Justice in Latin America

Citation:

Bueno-Hansen, Pascha. 2018. "The Emerging LGBTI Rights Challenge to Transitional Justice in Latin America." The International Journal of Transitional Justice 12 (1): 126-45.

Author: Pascha Bueno-Hansen

Abstract:

Latin American truth commissions have recently expanded their purview to include cases of violence against gender and sexual minorities as human rights violations worthy of investigation. This article proposes that grappling with this emerging LGBTI (lesbian, gay, bisexual, transgender and intersex) rights challenge requires a queer, intersectional and decolonial analytical lens that underscores the relevance of global LGBTI politics, and critiques transitional justice foundational assumptions regarding temporality and binary logics. In practical terms, this analytical lens enacts a double move by unearthing the deeply tangled and life-extinguishing roots of impunity surrounding violence against gender and sexual minorities while advocating for the realization of LGBTI people’s full citizenship.

Topics: Citizenship, Coloniality/Post-Coloniality, Gender, Justice, Impunity, Transitional Justice, TRCs, LGBTQ, Rights, Human Rights, Sexuality, Violence Regions: Americas, Central America, South America

Year: 2018

New Critical Spaces in Transitional Justice: Gender, Art, and Memory

Citation:

Kurze, Arnaud, and Christopher K. Lamont. 2019. New Critical Spaces in Transitional Justice: Gender, Art, and Memory. Bloomington: Indiana University Press.

Authors: Arnaud Kurze, Christopher K. Lamont

Annotation:

Summary:
Since the 1980s, transitional justice mechanisms have been increasingly applied to account for mass atrocities and grave human rights violations throughout the world. Over time, post-conflict justice practices have expanded across continents and state borders and have fueled the creation of new ideas that go beyond traditional notions of amnesty, retribution, and reconciliation. Gathering work from contributors in international law, political science, sociology, and history, New Critical Spaces in Transitional Justice addresses issues of space and time in transitional justice studies. It explains new trends in responses to post-conflict and post-authoritarian nations and offers original empirical research to help define the field for the future.
 
Contents
 
Preface / Ruti Teitel
 
Acknowledgments
 
Introduction: Reconceptualizing Transitional Justice: Exploring the Nexus between Agency and Spatiality
 
Part I: Art, Activism, and Politics: Redefining Space in Transitional Justice
 
1 Borrowing Achilles's Armor: The Political Afterlife of Former Transitional Justice Mechanisms
 
2 The Site and Sights of Transitional Justice: Art at the Constitutional Court in Johannesburg
 
3 Youth Activism, Art, and Transitional Justice: Emerging Spaces of Memory after the Jasmine Revolution
 
Part II: Civil Society, Gender, and Transitions: Emerging Spaces and Victimhood
 
4 Gendered Postconflict Justice: Male Survivors of Sexual Violence in Northern Uganda
 
5 Claiming Space: Advocacy for Gender Justice in Cambodia
 
6 The Question of Gender Inclusiveness of Bottom-Up Strategies in Bosnia and Herzegovina
 
Part III: Spatiality, Temporality, and the State
 
7 Libya in Transition: Spaces for Justice after Gaddafi
 
8 Navigating the Narrow Spaces for Transitional Justice in Iraq
 
9 Accountability in Syria: What Are the Options?
 
10 Dignity for the Defeated: Recognizing the "Other" in Post-Yugoslav Commemorative Practices
 
Conclusion: Practicing Critical Transitional Justice and the Road Ahead
 
Bibliography
 
Index

Topics: Age, Youth, Civil Society, Gender, International Law, Justice, Transitional Justice, Post-Conflict, Rights, Human Rights, Sexual Violence, SV against men

Year: 2019

The Colombian Transitional Process: Comparative Perspectives on Violence against Indigenous Women

Citation:

Acosta, Monica, Angela Castaneda, Daniela Garcia, Fallon Hernandez, Dunen Muelas, and Angela Santamaria. 2018. "The Colombian Transitional Process: Comparative Perspectives on Violence against Indigenous Women." International Journal of Transitional Justice 12 (1): 108-25.

Authors: Monica Acosta, Angela Castaneda, Daniela Garcia, Fallon Hernandez, Dunen Muelas, Angela Santamaria

Abstract:

Colombia has a comprehensive system of truth, justice and reparation stemming from its history with the justice and peace process and its most recent peace agreement. Although indigenous women are the most affected before, during and after conflict, their participation is marginalized within this political context. This article discusses how Colombian transitional justice can be reconfigured when indigenous women's practices and knowledge travel 'from the margins' to the center. We seek to demonstrate how these practices legitimize gender and other types of violence in the name of tradition and also how indigenous women's experiences go beyond the gendered perspective of violence as a 'weapon of war.' Working within the context of the peace process, we gathered data through learning and teaching techniques with indigenous women in three indigenous contexts (Sierra, Pan-Amazon region and Chocó). Our focus is on the interaction between local transitional justice practices and the violence against indigenous women, their resistance practices and the peacebuilding agendas used to implement transitional justice in Colombia.

Keywords: Colombia, indigenous women, intersectionality, transitional justice 'from below'

Topics: Gender, Women, Gender-Based Violence, Indigenous Knowledge Systems, Intersectionality, Justice, Reparations, Transitional Justice, Peacebuilding, Peace Processes, Violence Regions: Americas, South America Countries: Colombia

Year: 2018

Pages

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