Grassroots Activism And The Evolution Of Transitional Justice

Using a new global database of enforced disappearances, this book demonstrates how victims' groups have themselves shaped transitional justice policies.

Although relatively new as a distinct field of study, transitional justice has become rapidly established as a vital field of enquiry. From vaguely exotic origins on the outer edges of political science, the study of 'justice' in times of transition has emerged as a central concern of scholarship and practical policy-making. A process of institutionalisation has confirmed this importance. The ICTY, the ICTR, the ICC, hybrid tribunals in Sierra Leone and East Timor and 'local' processes such as the Iraqi Higher Tribunal (IHT) have energised international law and international criminal justice scholarship. The South African TRC was for a time lauded as the model for dealing with the past and remains one of the most researched institutions in the world. It is one of approximately two dozen such institutions established in different transitional contexts over the past twenty years to assist conflicted societies to come to terms with a violent past. At the national level, international donors contribute huge sums of money to 'Rule of Law' programmes designed to transform national justice systems. This collection seeks to offer something quite different to the mainstream of scholarship in this area, emphasising the need for bespoke solutions to different transitions rather than 'off the shelf' models. The collection is designed to offer a space for diversity, prompted by a series of perspectives "from below" of societies beset by past violent conflict which have sought to effect their transition to justice. In doing so the contributors have also sought to enrich discussion about the role of human rights in transition, the continuing usefulness of perspectives from above, and the still contested meanings of "transition".

In Santiago's urban shantytowns, a searing history of poverty and Chilean state violence have prompted grassroots resistance movements among the poor and working class from the 1940s to the present. Underscoring this complex continuity, Alison J. Bruey offers a compelling history of the struggle for social justice and democracy during the Pinochet dictatorship and its aftermath. As Bruey shows, crucial to the popular movement built in the 1970s were the activism of both men and women and the coalition forged by liberation-theology Catholics and Marxist-Left militants. These alliances made possible the mass protests of the 1980s that paved the way for Chile's return to democracy, but the changes fell short of many activists' hopes. Their grassroots demands for human rights encompassed not just an end to state terror but an embrace of economic opportunity and participatory democracy for all. Deeply grounded by both extensive oral history interviews and archival research, Bread, Justice, and Liberty offers innovative contributions to scholarship on Chilean history, social movements, popular protest and democratization, neoliberal economics, and the Cold War in Latin America.

This book investigates why some societies defer transitional justice issues after successful democratic consolidation. Despite democratisation, the exhumation of mass graves containing the victims from the violence in Cyprus (1963-1974) and the Spanish civil war (1936-1939) was delayed until the early 2000s, when both countries suddenly decided to revisit the past. Although this contradicts the actions of other countries such as South Africa, Bosnia, and Guatemala where truth recovery for disappeared/missing persons was a central element of the transition to peace and democracy, Cyprus and Spain are not alone: this is an increasing trend among countries trying to come to terms with past violence. Truth Recovery and Transitional Justice considers the case studies of Spain and Cyprus and explores three interrelated issues. First, the book examines which factors can explain prolonged silence on the issue of missing persons in transitional settings. It then goes on to explore the transformation of victims’ groups from opponents of truth recovery to vocal pro-reconciliation pressure groups, and examines the circumstances in which it is better to tie victims’ rights to an overall political settlement. Finally, the author goes on to compare Spain and Cyprus with Greece- a country that remains resistant to post-transitional justice norms. This book will be of interest to students of transitional justice, human rights, peace and conflict studies and security studies in general.

This book addresses the issue of the timing of transitional justice policies in countries that had negotiated transitions from authoritarianism to democracy. Why are transitional justice measures often being implemented decades after the events they refer to? More specifically, what combination of factors leads to the implementation of transitional justice policies at certain moments in time? And, what explains countries’ different choices and trajectories? To address these questions, this book pursues a comparative analysis of three cases: comparing a case of ‘robust’ implementation of transitional justice measures (Uruguay), a case where only victim-centered measures were approved (Spain), and a case that sits in between these two (Brazil). Through an in-depth empirical analysis of these specific country-cases, and focusing on seven different transitional justice initiatives, the book identifies the determinants behind delayed transitional justice policies and explains why such policies are more robust in some settings than in others. In doing so, it provides a holistic account of post-transitional justice outcomes, offering more general conclusions and insights about the study of the drivers of transitional justice. This book will appeal to scholars and students of transitional justice in politics, law, and sociology, as well as to policymakers involved in the implementation and administration of transitional justice measures.

This book employs a transitional justice lens to address the ‘disappearances’ that occurred during the Northern Ireland conflict – or ‘Troubles’ – and the post-conflict response to these ‘disappearances.’ Despite an extensive literature around ‘dealing with the past’ in Northern Ireland, as well as a substantial body of scholarship on ‘disappearances’ in other national contexts, there has been little scholarly scrutiny of ‘disappearances’ in post-conflict Northern Ireland. Although the Good Friday Agreement brought relative peace to Northern Ireland, no provision was made for the establishment of some form of overarching truth and reconciliation commission aimed at comprehensively addressing the legacy of violence. Nevertheless, a mechanism to recover the remains of the ‘disappeared’ – the Independent Commission for the Location of Victims’ Remains (ICLVR) – was established, and has in fact proven to be quite effective. As a result, the reactions of key constituencies to the ‘disappearances’ can be used as a prism through which to comprehensively explore issues of relevance to transitional justice scholars and practitioners. Pursuing an interdisciplinary approach, and based on extensive empirical research, this book provides a multifaceted exploration of the responses of these constituencies to the practice of ‘disappearing.’ It engages with transitional justice themes including silence, memory, truth, acknowledgement, and apology. Key issues examined include the mobilisation efforts of families of the ‘disappeared,’ efforts by a (former) non-state armed group to address its legacy of violence, the utility of a limited immunity mechanism to incentivise information provision, and the interplay between silence and memory in the shaping of a collective, societal understanding of the ‘disappeared.’

Transitional justice and diaspora studies are interdisciplinary and expanding fields of study. Finding the right combination of mechanisms to forward transitional justice in post-conflict societies is an ongoing challenge for states and affected populations. Diasporas, as non-state actors with increased agency in homelands, host-lands, and other global locations, engage with their past from a distance, but their actions are little understood. Diaspora Mobilizations for Transitional Justice develops a novel framework to demonstrate how diasporas connect with local actors in transitional justice processes through a variety of mechanisms and their underlying analytical rationales—emotional, cognitive, symbolic/value-based, strategic, and networks-based. Mechanisms featured here are: thin sympathetic response and chosen trauma, fear and hope, contact and framing, cooperation and coalition-building, brokerage, patronage, and connective action, among others. The contributors discuss the role of diasporas in truth commissions, memorialization, recognition of genocides and other human rights atrocities, as well as their abilities to affect transitional justice from afar by holding particular attitudes, or upon return temporarily or for good. This book sheds light on how diasporas’ contextual embeddedness shapes their mobilization strategies, and features empirical evidence from Europe, United States and Canada, as well as from conflict and postconflict polities in the Balkans, Middle East, Eurasia and Latin America. It was originally published as a special issue of Ethnic and Racial Studies.

This Research Agenda maps thought-provoking research trends for the next generation of interdisciplinary human rights scholars in this particularly troubled time. It charts the historic trajectory of scholarship on the international rights regime, looking ahead to emerging areas of inquiry and suggesting alternative methods and perspectives for studying the pursuit of human dignity.