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Begin New Search Topic Transitional Justice Political Geography South America

1. Positioned for Peacebuilding? The Complex Role of the Catholic Church in the Venezuelan Conflict

Author:
David Smilde and Hugo Pérez Hernáiz
Publication Date:
07-2024
Content Type:
Working Paper
Institution:
Kellogg Institute for International Studies
Abstract:
The Catholic Church would seem to be perfectly positioned to facilitate peace in the Venezuelan conflict. It is the country’s most respected institution, and Pope Francis has been personally interested in peacemaking in the region. Furthermore, there is precedent in the region. In Colombia, since the 1980s, the Catholic Church has played a key role in mobilizing the population for peace, supporting the peace process directly, and through involvement in issues of transitional justice. In this article, we briefly describe the peacebuilding activities of the Colombian Catholic Church, more extensively describe the activities of the Venezuelan Catholic Church, and then compare the two to understand the particular challenges the Venezuelan Church faces. We suggest that while the Venezuelan Church faces a similar political opportunity structure as the Colombian Church, it does so with less mobilizing strength and with a lesser ability to provide a clear ideological alternative to the conflict.
Topic:
Religion, Transitional Justice, Conflict, Catholic Church, and Peacebuilding
Political Geography:
Colombia, South America, Latin America, and Venezuela

2. The Pursuit of Memory and Justice in Bojayá

Author:
Marlon Londoño
Publication Date:
05-2023
Content Type:
Commentary and Analysis
Institution:
The North American Congress on Latin America (NACLA)
Abstract:
Twenty-one years after the Bojayá Massacre destroyed their town, survivors in the community of Bellavista Nueva in northwestern Colombia recount their story on their own terms.
Topic:
Transitional Justice, Conflict, Memory, Justice, and Extrajudicial Killings
Political Geography:
Colombia, South America, and Latin America

3. Civil Society-Led Truth-Seeking Initiatives: Expanding Opportunities for Acknowledgment and Redress

Author:
Eduardo González Cueva, Jill Williams, and Félix Reátegui Carrillo
Publication Date:
04-2022
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
This study reviews civil society-led truth-seeking initiatives in different regions of the world drawing on their experiences, methodologies, and contributions. It identifies lessons learned and best practices and presents practical options for activists considering similar endeavors. The report is inspired by and builds on the work of transitional justice practitioners, including at ICTJ, who deploy wide-ranging modalities to advance truth seeking, including oral history, artwork, theatrical productions, reenactments, museum exhibits, memorials, films, and documentation projects. The right to the truth is a fundamental component of redress for victims of massive human rights violations. Institutional silence, suppression of complaints, and refusal to acknowledge such violations further perpetuates them by protecting and enabling those responsible. In many contexts, government-supported truth commissions are not possible. Moreover, total reliance on state-sanctioned formats can result in one-size-fits-all approaches to truth seeking, devoid of creativity or potential. In the absence of political will, civil society actors have responded to demands for truth by devising and carrying out truth-seeking efforts independently, using a wide array of tools and methods. Civil society-led truth-seeking initiatives provide a practical channel by which communities can respond to demands for redress when the state fails to deliver on its obligations to protect victims’ rights. While truth-seeking initiatives can take many forms, they generally share three main objectives: (1) establish the facts about human rights violations that remain disputed or denied and validate different interpretations and analyses of those facts; (2) protect, acknowledge, and empower victims and survivors; and (3) inform public policy, promote institutional reform, and contribute to social and political transformation. Through an examination of case studies from the United States, Colombia, Scotland, and West Papua, the report highlights common considerations and procedural questions that civil society groups should consider when designing and implementing a truth-seeking mechanism. These considerations can help inspire and guide civil society actors as they lead truth-seeking efforts in the United States and around the world.
Topic:
Reform, Transitional Justice, Youth, Criminal Justice, Memory, Engagement, Reparations, Gender, Atrocity Prevention, and Truth and Reconciliation
Political Geography:
Europe, Asia, Colombia, South America, North America, and United States of America

4. Measuring Results and Monitoring Progress of Transitional Justice Processes

Author:
Mateo Porciuncula
Publication Date:
01-2021
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
Transitional justice processes are complex, politically contested, and not necessarily linear. Because of this, they present unique theoretical and practical challenges for measuring results, which include challenges for gathering data, registering unintended outcomes, reporting progress, providing feedback to interventions, and extracting useful information to establish impact or counterfactuals. Based on a desk research and a series of discussions with practitioners, policymakers, and academics, this report considers the following: The different roles monitoring and evaluation systems can play and the questions they can answer at different stages of a transitional justice process. This report recommends conducting assessments early on to inform design and to build feedback loops into ongoing processes. Key features of transitional justice processes, including their complexity, their political nature, and the difficult contexts where they are usually implemented. Combining qualitative and quantitative methods and designing monitoring and evaluation approaches that allow for capturing rich contextual data and unexpected results. Power dynamics, exclusion, and language, particularly in fragile contexts and when dealing with vulnerable populations. Monitoring and evaluation approaches that are conflict sensitive, victim centered, and participatory. The Sustainable Development Agenda as a framework for measuring results of transitional justice. While a politically legitimate and useful conceptual framework, there is room for improvement as current indicators are not best suited to contexts where a large proportion of the population has experienced human right abuses. Overall, stakeholders in transitional justice should take a “user-centered” approach to measuring progress and results, one that puts the people that a process is meant to serve at the center. In doing so, they can focus on collecting what matters, establishing feedback loops, and learning from and continually improving their interventions.
Topic:
Reform, Transitional Justice, Youth, Criminal Justice, Memory, Institutions, Gender, and Truth and Reconciliation
Political Geography:
Africa, Europe, Middle East, Asia, South America, and North America

5. Transitional Justice and Prevention: Summary Findings from Five Country Case Studies

Author:
Roger Duthie
Publication Date:
06-2021
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
This report summarizes the findings of an ICTJ research project exploring the role that transitional justice can play in preventing both massive and serious violations of human rights as well as violence and violent conflict more broadly. Its conclusions are drawn from case studies of five countries—Colombia, Morocco, Peru, the Philippines, and Sierra Leone—representing a range of complex contexts in which societies are grappling with violent conflicts, repressive governments, or acute inequality. It argues that transitional justice should be an integral element of conflict prevention, peacebuilding, and sustainable development. The report contends that transitional justice can contribute to prevention by: (1) addressing the exclusion and other harms that victims experience due to human rights violations they suffered; (2) addressing the exclusion and related injustices that communities and social groups face as a result of targeted violations and structural marginalization; (3) strengthening the rule of law and making it more inclusive; and (4) catalyzing the reform of institutions and laws that have perpetuated violence and discrimination as a means to exclude marginalized groups. The report also identifies a number of limitations to the preventive impact of transitional justice, including: (1) tensions that can exist between justice and prevention initiatives, especially in the short term; (2) justice processes that may be seen to be insufficiently participatory or even exclusionary themselves; (3) a lack of implementation of measures and reforms that are designed or recommended; and (4) contextual factors such political dynamics, security concerns, and the absence of broader structural change. The report concludes that applying a prevention lens to transitional justice does not fundamentally change how the field is understood, but it does have broad policy implications. First, fostering inclusion should be a primary objective of both the outcomes and the design of transitional justice mechanisms. Second, assessing the preventive role of transitional justice requires a long-term approach to inclusion and reform as these involve changes to social relationships, institutions, and structures. Third, prevention requires a society to confront both the root causes and consequences of injustice, and transitional justice processes can contribute greatly in this regard. However, they alone are not enough.
Topic:
Reform, Transitional Justice, Criminal Justice, Memory, Institutions, Reparations, and Truth and Reconciliation
Political Geography:
Africa, Middle East, Asia, South America, North Africa, North America, Sierra Leone, Morocco, Peru, and Oceania

6. Inclusive Justice: How Women Shape Transitional Justice in Tunisia and Colombia

Author:
Roslyn Warren, Anne Applebaum, Briana Mawby, Holly Fuhrman, Rebecca Turkington, and Mayesha Alam
Publication Date:
08-2017
Content Type:
Special Report
Institution:
Georgetown Institute for Women, Peace and Security (GIWPS)
Abstract:
Most countries relapse into conflict within ten years of making peace. Building long-lasting peace requires recognizing and reconciling the deep-rooted causes of conflict and its impacts. Transitional justice can contribute to sustained peace through a set of processes and mechanisms that facilitate accountability and reconciliation after conflict or political change. Effectively addressing past wrongs to build sustainable peace means addressing the needs of all those involved. Women and men experience conflict differently – due to gender roles and social norms – and to succeed, transitional justice processes need to account for these differences. This study looks at how women shape transitional justice in Tunisia and Colombia – two very different contexts – and suggests why, and how, these cases provide valuable lessons for other nations undergoing political transition. Findings Both cases establish a high standard for women’s inclusion in transitional justice, described in “Inclusive Justice: How Women Shape Transitional Justice in Tunisia and Colombia.” Tunisian and Colombian women participated in official capacities early in each process. Female officials and women’s civil society organizations (CSOs) advocated for and gained formal recognition of specific harms that women faced under dictatorship in Tunisia and during civil war in Colombia. As a result, the definition of victimhood in Tunisia was expanded to include socio-economic harms (such as being barred from educational and employment opportunities); in Colombia, amnesty for the crime of sexual violence – prevalent in the decades-long conflict – was explicitly barred in the final peace agreement. In both cases, women’s leadership spurred inclusive mechanisms through which female victims could participate more fully in the process, and in greater numbers. Inclusive mechanisms can help to ensure lasting peace. The creation of specific structures, such as the Women’s Commission in Tunisia and the Gender Sub-Commission in Colombia, allowed more citizens to participate in the unfolding political transitions. This may both enable states to better address root causes of violence and confer legitimacy on their political agreements. In each case, women’s active and early participation as officials and in civil society helped make innovative and inclusive mechanisms possible.
Topic:
Women, Transitional Justice, Conflict, and Peace
Political Geography:
Colombia, South America, North Africa, and Tunisia

7. Political Crime, Amnesties, and Pardons: Scope and Challenges

Author:
Fernando Travesi and Henry Rivera
Publication Date:
06-2016
Content Type:
Policy Brief
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
In this briefing paper ICTJ addresses one of the crucial points of the peace negotiations between the Government of Colombia and the Revolutionary Armed Forces of Colombia-People’s Army (FARC-EP): the possibility of providing recourse to the broadest amnesty possible and pardons as part of the treatment of the different crimes committed in the framework of more than fifty years of armed conflict. The paper offers some considerations that may contribute to the conceptualization and development of the future amnesty law and, therefore, to the effective implementation of the Special Jurisdiction for Peace. The ICTJ proposes in this document a series of approaches for the legal and normative characterization of the crimes committed in the framework of the armed conflict, in order to establish which crimes could be subject to amnesty or pardon.
Topic:
Armed Forces, Transitional Justice, Criminal Justice, Armed Conflict, and Amnesty
Political Geography:
Colombia and South America

8. Media and Transitional Justice: A Dream of Symbiosis in a Troubled Relationship

Author:
Refik Hodzic and David Tolbert
Publication Date:
09-2016
Content Type:
Policy Brief
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
One of the least studied, yet highly significant relationships that unfolds in transitional contexts, where efforts are underway to reckon with past abuses, is the nexus between transitional justice measures and the media. Th is paper provides an overview of the main issues that often burden this relationship with mutual mistrust and at times even open conflict. The paper also provides examples of the positive social impacts of media engaging with transitional justice processes, where a degree of complementarity exists. Moreover, it makes a case for the media to constructively engage with such processes in the public interest, of which the media is a natural guardian. The power of media can be instrumentalized toward either virtuous or nefarious ends, and there are myriad examples of media being used to foment violence and dehumanize groups targeted in conflict or various forms of state repression. Media has been used to polarize or inflame underlying identity issues, deepen divides and reinforce the root causes of conflict. Such manipulation of media easily extends into transitional times and may take the form of “us-versus-them” biases that reinforce nationalist myths of victimhood and supremacy. Not all members of society may support efforts to arrive at truth and accountability for past violations, especially members of the former regime or the formerly loyal elites, and media companies owned by political parties, government factions, or powerful business interests “can seize on polarizing myths as a mode of retaining their loyal following, often subverting the possibility of bridge figures emerging.” At the same time, media can also support and promote transitional justice mechanisms by reflecting society’s new values and demands of victims. In a global online debate hosted by the International Center for Transitional Justice (ICTJ), UN Special Adviser for the Prevention of Genocide Adama Dieng asserted, “If media has the power to incite and fuel such heinous crimes as we witnessed in Rwanda and elsewhere, then it is also possible that it can be used as a force for good to promote peaceful coexistence among the population.” Drawing on academic work on the subject and the voices of journalists, transitional justice practitioners, and academics, this paper charts the ways in which the media can impact the success of transitional justice efforts and examines the myriad factors shaping journalists’ approach to reporting on these processes. It then analyzes the distinct ways that media covers or interacts with transitional justice processes during their various stages. Th is sets the stage for a brief analysis of examples of different forms of symbiosis between media and transitional justice processes, which emphasizes the positive impact of special reporting projects dedicated solely to covering these issues. Th e discussion of the complementarity between the two is followed by examples of the destructive impact of politicized and negative media coverage, which has seriously undermined the work of truth commissions or trials in certain countries, diminishing any lasting societal impact they might have. Finally, the paper draws attention to the possible benefits that emerging transitional contexts like Colombia could experience from understanding the significance of this complex relationship and addressing the need for a constructive engagement of media in the transitional justice process from the beginning.
Topic:
Media, Transitional Justice, and Accountability
Political Geography:
Kenya, Africa, Europe, Middle East, Asia, South Africa, Colombia, South America, Balkans, North Africa, Guatemala, and Democratic Republic of Congo

9. Squaring Colombia’s Circle: The Objectives of Punishment and the Pursuit of Peace

Author:
Paul Seils
Publication Date:
06-2015
Content Type:
Policy Brief
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
This paper weighs the possible modes and competing policy objectives of punishing FARC members for serious crimes in the context of Colombia’s ongoing peace negotiations. It argues that punishment has to occur in a way that does not damage one of the underlying objectives of the peace process, transforming the FARC from an insurgent group into a political actor. According to the paper, to meet policy objectives: 1) trials must be public, accessible, transparent, and serious; 2) punishment should include the possibility of offenders meeting with victims so that they can express their suffering; and 3) measures of punishment should include disagreeable consequences, such as financial penalties, asset seizure, temporary exclusion from political office, and community service orders, as well as reformative measures.
Topic:
Armed Forces, Transitional Justice, Criminal Justice, Accountability, and FARC
Political Geography:
Colombia and South America

10. Amérique latine Political Outlook 2013

Author:
Olivier Dabène, Gaspard Estrada, Damien Larrouqué, Nordin Lazreg, Delphine Lecombe, Frédéric Louault, Antoine Maillet, Frédéric Massé, Kevin Parthenay, Eduardo Rios, Darío Rodriguez, and Constantino Urcuyo-Fournier
Publication Date:
12-2013
Content Type:
Special Report
Institution:
Centre d'Etudes et de Recherches Internationales (CERI)
Abstract:
Amérique latine - L’Année politique is a publication by CERI-Sciences Po’s Political Observatory of Latin America and the Caribbean (OPALC). The study extends the work presented on the Observatory’s website (www.sciencespo.fr/opalc) by offering tools for understanding a continent that is in the grip of deep transformations.
Topic:
Foreign Policy, Economics, Foreign Exchange, History, Reform, Transitional Justice, Political Prisoners, and Memory
Political Geography:
China, Brazil, Argentina, Colombia, South America, Uruguay, Latin America, Venezuela, Mexico, Chile, and Guatemala