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Begin New Search Topic Transitional Justice Political Geography Asia

1. Transitional Government in Post-Conflict Yemen

Author:
Rafat Al-Akhali, Osamah Al-Rawhani, and Anthony Biswell
Publication Date:
08-2019
Content Type:
Policy Brief
Institution:
Sana'a Center For Strategic Studies
Abstract:
This policy brief offers recommendations to maximize the effectiveness of governance in post-conflict Yemen – whatever the composition or structure of the government. It presents three case studies on government models previously introduced in Yemen, Tunisia and Lebanon after periods of instability. These case studies offer useful lessons on the challenges, risks and opportunities of forming transitional governments in post-conflict contexts.
Topic:
Conflict Resolution, Economics, Government, Peacekeeping, Transitional Justice, Conflict, Peace, and Transition
Political Geography:
Asia, Yemen, and West Asia

2. Transitional Justice in Taiwan: A Belated Reckoning with the White Terror

Author:
Thomas J. Shattuck
Publication Date:
11-2019
Content Type:
Special Report
Institution:
Foreign Policy Research Institute
Abstract:
From 1949 to the end of the Cold War era, the Kuomintang (KMT)—under the leadership of Chiang Kai-shek and his son Chiang Ching-kuo—ruled the Republic of China (Taiwan) under martial law. The martial law decree gave the government immense power to quash any perceived forms of dissent in society. As a result, the KMT imprisoned, tortured, and executed thousands of people over the course of several decades. Now, President Tsai Ing-wen and the Democratic Progressive Party are investigating the atrocities committed during this era. With the establishment of the Ill-Gotten Party Assets Settlement Committee and the Transitional Justice Commission, the Tsai government hopes to bring historical truth and justice to Taiwan’s society and hold the KMT accountable for its actions during the authoritarian period. Despite good intentions, the progress has been slow due to legal delays, a controversy regarding malintent, and the population’s ambivalence. Nevertheless, Taiwan must deal with its history in order to move forward as a democracy.
Topic:
History, Authoritarianism, Transitional Justice, and Repression
Political Geography:
Taiwan and Asia

3. 'You Can Change the Course of a Country:' Report on the International Gender Symposium

Author:
Sibley Hawkins
Publication Date:
08-2019
Content Type:
Working Paper
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
In February 2019, ICTJ hosted an international symposium on gender and transitional justice in Tunisia that brought together representatives from eight countries where ICTJ has been actively engaged in implementing a gender-focused approach to its programming. This briefing paper presents the lessons learned and key strategies that came out of this conference, as well as recommendations to international organizations, donors, and the media.
Topic:
Gender Issues, Women, Media, and Transitional Justice
Political Geography:
Africa, Middle East, Asia, Sri Lanka, Nepal, Syria, and Tunisia

4. Set the Torturers Free: Transitional Justice and Peace vs Justice Dilemma in Burma/Myanmar

Author:
Michal Lubina
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
Polish Political Science Yearbook
Institution:
Polish Political Science Association (PPSA)
Abstract:
Burma/Myanmar seems to be a perfect ground for transitional justice with both long-failed transitions to democracy that seemed to succeed in 2015 finally and smouldering civil war taking place there since 1948 (since the 1990s limited to Borderlands). Unfortu- nately, the political realities in Burma/Myanmar make it unlikely, if not impossible, for tran- sitional justice to be applicable in Burma/Myanmar. The victorious in 2015 elections demo- cratic opposition party, National League for Democracy (NLD) came to power thanks to the political deal with the former military government and is consequently being forced to co- habitate politically with the army that still holds critical political checks over the government. It made NLD’s leader, Aung San Suu Kyi to conduct moderate domestic policy without trying to charge the generals for their former crimes. In this circumstances, transitional justice is unwanted by mainstream political actors (NLD, the army) and seen as threatening to peace by many in the Myanmar society. This approach firmly places Burma/Myanmar on one side of the ‘peace vs justice’ dilemma. It answers the “torturer problem”, one of the central problems of transitional justice – how to deal with members of the previous regime which violated human rights – in ‘old fashion’ way, by granting them full amnesty. As such Burma/Myanmar case also falsifies an optimistic claim that transitional justice is necessary for political reforms.
Topic:
Torture, Reform, Transitional Justice, and Peace
Political Geography:
Asia, Burma, and Myanmar

5. “Now Is a Time to Lead:” Advancing Transitional Justice Initiatives through Local Governments in Nepal

Author:
Elena Naughton and Kelen Meregali
Publication Date:
07-2018
Content Type:
Working Paper
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
Recently, Nepal implemented some significant long-awaited changes to its structure of government that present new opportunities for addressing the justice needs of conflict victims. On September 20, 2015, a new Constitution came into effect, replacing the interim Constitution promulgated in 2007, soon after the conflict ended. That constitution introduced a new federal structure of government that, among other things, vests local governments with 22 powers and areas of responsibility over which they have broad authority. Many of these powers can be exercised to establish policies and programs at the local level for fulfilling victims’ rights to truth, justice, reparation, and acknowledgment for the human rights abuses victims suffered during the war. Although local initiatives are not a complete substitute for a coherent national policy, these powers offer great potential for implementing measures to address promptly and directly a full spectrum of victims’ reparative needs, from the symbolic to the material. They encompass food, housing, employment and job creation, medical care, education, legal services, help obtaining official documentation, memorialization initiatives and other forms of public recognition, awareness-raising activities, and measures aimed at preventing the recurrence of human rights abuses. Many of these measures would fulfill fundamental rights guaranteed under the Constitution to all Nepal’s citizens, and additional rights secured there for vulnerable populations (such as the elderly, disabled, single women, those marginalized or indigent, and children). If designed to be reparative in nature, they could also fulfill victims’ rights to an effective remedy, including the right to “adequate, effective and prompt reparation,” as articulated by the UN General Assembly in its Basic Principles and Guidelines on the Right to Remedy and Reparation for Victims of Gross Violations of Human Rights Law and Serious Violations of International Humanitarian Law (UN Basic Guidelines). This report aims to help local governments, victims’ groups, and other stakeholders to understand the scope and potential inherent in these powers and to identify what local governments and others can do to design and implement initiatives that support victims of conflict and that fulfill this potential. To this end, this report looks closely at the provisions of the 2015 Constitution and the Local Government Operationalization Act 2074 BS (2017 AD). It also considers the essential role local governments can play in crafting and coordinating responses alongside national-level institutions that are advancing transitional justice processes, such as the Truth and Reconciliation Commission (TRC), the Commission on Investigation of Enforced Disappearance of Persons (CIEDP), and the National Human Rights Commission (NHRC). Additional consideration is given to the provisions of the Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act (the TRC Act), 2071 (2014), and the requirements established therein for local government cooperation and engagement with ongoing transitional justice mechanisms. With offices within or near victim communities, local governments in Nepal are well situated to tailor initiatives to address victims’ particular needs. Coming as they do from out of the communities they serve, most local officials, including many who are victims themselves, are familiar with realities on the ground and nuances in the economy and in community practices that may affect whether a policy will benefit or might unintentionally harm victims, or could even exacerbate tensions within families or between neighbors. Many local officials speak and read the local languages and dialects victims speak and read. Also, many are privy to crucial differences among survivors’ experiences of war, as well as their current life situations. With access to information about existing services and knowledge of what is required to get things done locally, local governments offer real potential advantages for understanding and effectively responding to victims’ needs and for building the kinds of relationships needed to help bridge divides not only between and among victim populations, but also between victims and nonvictim communities in Nepal. With five-year terms in office (and eligibility for an additional term), local officials at each of the different levels of local government (e.g., municipal, village, and ward) should be able to plan and undertake not only short-term or targeted projects that respond to victims’ urgent needs but also long-term, subsistence-based projects that can provide victims with the benefits they need to create a more stable life for years to come. Many of these initiatives can begin while national policymakers in Kathmandu continue working on a comprehensive approach to transitional justice. National and local dimensions of transitional justice are not mutually exclusive; there is no reason local efforts cannot be designed in a way that meet victims’ needs for redress, in particular for the most vulnerable populations, while still meeting other government obligations, including those at the central and provincial levels. In fact, local governments working effectively now might relieve some of the pressures on the central government, by meeting victims most acute needs and collecting data and testing policies that could be implemented later at the national level. To do so, all levels of government across the federal structure will need to coordinate, communicate, and abide by the essential elements of good governance, including preventing corruption. Victim initiatives must be designed in such a way as to “do no harm” and to ensure that victims are treated fairly and with respect and dignity. As Nepal has learned from its experience implementing the Interim Relief Program (IRP)—which was hampered by significant shortfalls in design and implementation (including insufficient funding, a lack of coordination among key stakeholders, the exclusion of some categories of victims and the unequal treatment of others, and the politicization of application processes and eligibility determinations)—it is essential to consult with victims, to be sensitive to their needs and vulnerabilities, to acknowledge the violations they experienced, and to monitor and evaluate implementation to prevent discrimination. In all decisions and procedures, the safety, well-being, and dignity of victims must be considered and given priority. The victims will be paying attention. As one victim forcefully made the point, “We raise our voices. We do not give up. And we will not sit by in silence…I say to the government—listen to our voices, consider our demands. The challenges local governments will inevitably face are innumerable. At each stage of the process, local governments will confront significant hurdles as they exercise their powers to design, plan, and eventually implement programs benefiting their constituents, including Nepal’s many conflict victims. This report highlights some of these major challenges based on feedback obtained during consultations conducted in preparation of this report in some of the districts where conflict victims live. Immediate steps should be taken to monitor, address, and mitigate the following challenges
Topic:
Government, Governance, Transitional Justice, and Local
Political Geography:
Asia and Nepal