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Over the last two decades, civil society has helped catalyse responses to the legacies of violent conflicts and oppressive political regimes in Asia and the Pacific. Civil society has advocated for the establishment of criminal trials and truth commissions, monitored their operations and pushed for take-up of their recommendations. It has also initiated community-based transitional justice responses. Yet, there has been little in-depth examination of the breadth and diversity of these roles. This book addresses this gap by analysing the heterogeneity of civil society transitional justice activity in Asia and the Pacific. Based upon empirically grounded case studies of Timor-Leste, Indonesia, Cambodia, Myanmar, Bougainville, Solomon Islands and Fiji, this book illustrates that civil society actors can have different - and sometimes competing - priorities, resources and approaches to transitional justice. Their work is also underpinned by diverse understandings of 'justice'. By reflecting on the richness of this activity, this book advances contemporary debates about transitional justice and civil society. It will also be a valuable resource for scholars and practitioners working on Asia and the Pacific.
Reconceiving Civil Society and Transitional Justice examines the role of civil society in transitional justice, exploring the forms of civil society that are enabled or disabled by transitional justice processes and the forms of transitional justice activity that are enabled and disabled by civil society actors. Although civil society organisations play an integral role in the pursuit of transitional justice in conflict-affected societies, the literature lacks a comprehensive conceptualisation of the diversity and complexity of these roles. This reflects the degree to which dominant approaches to transitional justice focus on liberal-legal justice strategies and international human rights norms. In this context, civil society organisations are perceived as intermediaries who are thought to advocate for and support formal, liberal transitional justice processes. The contributions to this volume demonstrate that the reality is more complicated; civil society can – and does – play important roles in enabling formal transitional justice processes, but it can also disrupt them. Informed by detailed fieldwork across Asia and the Pacific Islands, the contributions demonstrate that neither transitional justice or civil society should be treated as taken-for-granted concepts. Demonstrating that neither transitional justice or civil society should be treated as taken-for-granted concepts, Reconceiving Civil Society and Transitional Justice will be of great interest to scholars of Security Studies, Asian Studies, Peacebuilding, Asia Pacific, Human Rights, Reconciliation and the Politics of Memory. The chapters were originally published as a special issue of Global Change, Peace & Security.
This is the first book to provide an overview of the processes and practices of transitional justice in the Asia-Pacific region.
At the century's end, societies all over the world are throwing off the yoke of authoritarian rule and beginning to build democracies. At any such time of radical change, the question arises: should a society punish its ancien regime or let bygones be bygones? Transitional Justice takes this question to a new level with an interdisciplinary approach that challenges the very terms of the contemporary debate. Ruti Teitel explores the recurring dilemma of how regimes should respond to evil rule, arguing against the prevailing view favoring punishment, yet contending that the law nevertheless plays a profound role in periods of radical change. Pursuing a comparative and historical approach, she presents a compelling analysis of constitutional, legislative, and administrative responses to injustice following political upheaval. She proposes a new normative conception of justice--one that is highly politicized--offering glimmerings of the rule of law that, in her view, have become symbols of liberal transition. Its challenge to the prevailing assumptions about transitional periods makes this timely and provocative book essential reading for policymakers and scholars of revolution and new democracies.
This book focuses, for the first time ever, on the protection roles of human rights NGOs since the establishment of the United Nations and the adoption of the Universal Declaration of Human Rights. It also looks at how NGOs are responding to future challenges such as artificial Intelligence, robots in armed conflicts, digital threats, and the protection of human rights in outer space. Written by leading NGO human rights practitioners from different parts of the world, it sheds light on the multiple roles of the leading pillar of the global human rights movement, the Non-Governmental Organizations.
This book presents the findings of a major comparative study examining the role played by traditional justice mechanisms in dealing with the legacy of violent conflict in Africa. It focuses on case studies of five countries -- Rwanda, Mozambique, Uganda, Sierra Leone and Burundi - that are used as the basis for outlining conclusions and options for future policy development in the related areas of post-conflict reconstruction, democracy building and development. "Traditional Justice & Reconciliation After Violent Conflict" suggests that in some circumstances traditional mechanisms can effectively complement conventional judicial systems and represent a real potential for promoting justice, reconciliation and a culture of democracy. At the same time it cautions against unrealistic expectations of traditional structures and offers a sober, evidence-based assessment of both the strengths and the weaknesses of traditional conflict management mechanisms within the broader framework of post-conflict social reconstruction efforts. The book is intended to serve both as a general knowledge resource and as a practitioner's guide for national bodies seeking to employ traditional justice mechanisms, as well as external agencies aiming to support such processes.
This book is the first to offer an in-depth analysis of transitional justice as an unfinished agenda in Indonesia’s democracy. Examining the implementation of transitional justice measures in post-authoritarian Indonesia, this book analyses the factors within the democratic transition that either facilitated or hindered the adoption and implementation of transitional justice measures. Furthermore, it contributes key insights from an extensive examination of ‘bottom-up’ approaches to transitional justice in Indonesia: through a range of case studies, civil society-led initiatives to truth-seeking and local reconciliation efforts. Based on extensive archival, legal and media research, as well as interviews with key actors in Indonesia’s democracy and human rights’ institutions, the book provides a significant contribution to current understandings of Indonesia’s democracy. Its analysis of the failure of state-centred transitional justice measures, and the role of civil society, also makes an important addition to comparative transitional justice studies. It will be of considerable interest to scholars and activists in the fields of Transitional Justice and Politics, as well as in Asian Studies.
An analysis of debates and mechanisms of international criminal law in Cambodia, Indonesia, the Philippines, and Myanmar.
Annotation Truth and reconciliation is complex, complicated, and ongoing. Although the operational phases of truth commissions have been well examined, the efforts to establish these commissions and the struggle to put their recommendations into effect are often overlooked. 'Flowers in the Wall' explores the experience of truth and reconciliation in Timor-Leste, Indonesia, and the Solomon Islands. It examines the pre- and post-truth commission phases, providing a diversity of interconnected scholarship.
In recent years, transitional justice has become increasingly international in its scope. Due to ongoing animosities, lack of political will, and the absence of credible governing or judicial institutions, international organizations, donors, and NGOs advocate for transitional justice initiatives like truth commissions or special tribunals - alongside national actors, like civil society and victims groups. This book examines how international assistance affects transitional justice, and where power truly lies in making decisions about justice for victims of massive human rights abuse. The book finds that government donors typically lack strategies for transitional justice, they struggle with information deficits, and they are constrained by short-term approaches that do not give enough attention to what is often a weak and divided civil society sector. All the authors have both practical and scholarly perspectives on transitional justice. Country case studies are provided, including descriptions of the challenges in developing data on transitional justice financing.