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1. Disrupting Cycles of Discontent: Transitional Justice and Prevention in the Philippines

Author:
Robert Francis B. Garcia
Publication Date:
07-2021
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
The end of authoritarianism in the Philippines in 1986 was an important opportunity to pursue transitional justice and effect societal transformation. This report examines how reparations, legal and institutional reforms, and truth telling about historical injustice and marginalization have contributed to prevention. But it also reveals how the limited and delayed nature of these efforts fits within a broader failure of society to address the root causes and legacies of the past. This, in turn, allows the risk of recurrence to persist. The study examines how the Philippines has responded to the repression and corruption under former president Ferdinand Marcos as well as armed conflicts that persist today. Reparations, for example, have contributed to the recognition and inclusion of victims of human rights violations by addressing grievances, providing redress, and increasing awareness of rights. In the Bangsamoro region, a truth commission addressed issues such as land dispossession, marginalization, and discrimination and made concrete recommendations for change. It is reasonable to argue that transitional justice in the Philippines has played a role in preventing the recurrence of the most serious and widespread human rights violations associated with Marcos. But many of its measures were not implemented at the opportune time and were not sufficient to either fully address the legacies of the past or to maximize their contributions to prevention. The lack of accountability for crimes committed under Marcos and the limited accountability in the decades since have perpetuated a culture of impunity. Post-dictatorship reforms have achieved much in way of reestablishing the democratic order but have not removed a corrupt system that can be traced back to colonial times. Limited structural change and economic policy have failed to address inequality. The persistence of rampant human rights violations since 1986 and the country’s recent swing back to authoritarianism are arguably at least partially the result of society’s failure to learn the lessons of the past.
Topic:
Reform, Criminal Justice, Memory, Institutions, Reparations, and Truth and Reconciliation
Political Geography:
Asia, Philippines, and Oceania

2. 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

3. Toxic Institutions in Security Sector Reform: Lesson Learned From the Failure of Building Security Institutions in East Timor

Author:
Sugito Sugito, Tulus Warsito, and Achmad Nurmandi
Publication Date:
07-2020
Content Type:
Journal Article
Journal:
AUSTRAL: Brazilian Journal of Strategy International Relations
Institution:
Postgraduate Program in International Strategic Studies, Universidade Federal do Rio Grande do Sul
Abstract:
Liberal peace strongly believes that security sector reform (SSR) can strengthen the structure of peace and security in post-conflict countries. However, this approach is not always successful in several countries including East Timor. Based on the institutionalism approach, this study found an interesting fact that Falintil's veterans' toxic role in their relations with state security institutions had weakened the function of state security institutions and caused the insecurity of the state and people of East Timor from 2000-2008. These results were obtained through field research using qualitative-quantitative mix method research based on primary data obtained from interviews, surveys, and official documents from the United Nations and the government of East Timor.
Topic:
Security, Reform, Institutions, and Peace
Political Geography:
Asia, Southeast Asia, Timor, Oceania, and East Timor

4. The “Wickedness” of Trashing the Plastics Age: Limitations of Government Policy in the Case of the Philippines

Author:
N. Kunesch and Risa Morimoto
Publication Date:
12-2019
Content Type:
Working Paper
Institution:
School of Oriental and African Studies - University of London
Abstract:
Characteristics of “wicked” problems have been applied to guide policymakers address complex, multi-faceted dimensions of social-environmental challenges, such as climate change and ecosystem management. Waste management exhibits many of these characteristics, however, literature which frames waste as a “wicked” problem is absent. Addressing this gap, this paper explores the extent to which institutional and legislative frameworks reduce waste generation, and highlights various challenges policymakers face when addressing waste management. Building a case around frameworks in the Philippines, this paper first provides a review of current waste management challenges before applying textual analysis to investigate how residual waste is addressed by existing legislation, and through ongoing legislative amendments and creation by the Philippine Congress. This research reveals discourse exists within the narrative of waste management policy. There are those policymakers with preference for greater command and control style policy and those with greater preference for reduced policy interventions. The former supports waste mitigation through encouraging and incentivising behavioural changes, while the latter emphasises increased reliance upon market-based solutions and technological innovation to reduce waste quantities. This paper ascertains debates surrounding waste management policy, such as those ongoing within Philippine congress, demonstrate that waste management can be considered as a “wicked” problem. This paper concludes successful waste management policies should be measured by reduction in waste quantities, waste volumes and the persistence of waste toxicity, in addition to decreased detrimental impacts to human and environmental health. Parameters such as these may guide policymakers navigate the “wickedness” of waste management.
Topic:
Legislation, Public Policy, Institutions, and Waste
Political Geography:
Philippines and Oceania