Rethinking transitions : equality and social justice in societies emerging from conflict / edited by Gaby Oré Aguilar and Felipe Gómez Isa.
2011
JC578 .R472 2011 (Map It)
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Details
Title
Rethinking transitions : equality and social justice in societies emerging from conflict / edited by Gaby Oré Aguilar and Felipe Gómez Isa.
Published
Cambridge ; Portland, OR : Intersentia, [2011]
Copyright
©2011
Call Number
JC578 .R472 2011
ISBN
9781780680033
1780680031
1780680031
Description
xiv, 330 pages : illustrations ; 25 cm.
System Control No.
(OCoLC)745332621
Summary
Transitional justice initiatives have long been criticized for an allegedly narrow focus on gross and consistent violations of fundamental civil and political rights and not enough attention to abuse of economic, social and cultural rights. But the problem is not whether but how to apply truth, justice, reparations and institutional reform to fundamental - and often ancestral - inequalities in each transitional society. This volume contributes thoughtful and rigorous research to that fundamental question. It constitutes a challenge to the way transitional justice is executed in our time, but also a tribute to the power of the idea that there are indeed concrete and practical means to realize the idea of justice in societies emerging from conflict.
Note
Transitional justice initiatives have long been criticized for an allegedly narrow focus on gross and consistent violations of fundamental civil and political rights and not enough attention to abuse of economic, social and cultural rights. But the problem is not whether but how to apply truth, justice, reparations and institutional reform to fundamental - and often ancestral - inequalities in each transitional society. This volume contributes thoughtful and rigorous research to that fundamental question. It constitutes a challenge to the way transitional justice is executed in our time, but also a tribute to the power of the idea that there are indeed concrete and practical means to realize the idea of justice in societies emerging from conflict.
Bibliography, etc. Note
Includes bibliographical references.
Record Appears in
Added Author
Table of Contents
Foreword
v
Acknowledgements
vii
Introduction / Felipe Gomez Isa
1
Addressing Horizontal Inequalities in Post-Conflict Reconstruction / Frances Stewart
11
Introduction
11
1.
Groups, horizontal inequalities and conflicts
12
2.
An overview of policies towards reducing His in post-conflict countries
19
3.
Do post-conflict policies include policies towards reducing inequalities?
26
4.
Conclusion
29
A Critique of Rights in Transitional Justice: The African Experience / Makau Mutua
31
Introduction
31
1.
Human rights and the African reality
34
2.
Can human rights recover the African state?
35
3.
Reconceiving transitional justice
38
4.
The limitations of transitional justice concepts
40
5.
As a way of conclusion
45
Gender Equality and Women's Human Rights in Conflict Situations: Evolving Perspectives / Sunila Abeysekera
47
Introduction
47
1.
Issues of inequality: from a gender lens
49
2.
The role of women in conflict: issues of inequality
50
3.
The narrow focus on women in conflict situations; the early years of the 20th century wars
53
4.
Modern wars: from the second half of the 20th century to the present
56
5.
Contemporary framing of the impact of conflict on women
60
6.
Conclusion: moving forward to achieve a substantive equality for women in conflict situations
64
Women in the Sri Lankan Peace Process: Included but Unequal / Kumudini Samuel
67
Introduction: the gendered nature of peacemaking
67
1.
The Sri Lankan peace process
69
2.
Lessons from the peace process
72
2.1.
Stages in a peace process
73
2.2.
Pre-negotiation stage
73
2.3.
Framework/substantive stage
74
3.
Women's engagement with the formal peace process
75
3.1.
Women call for a stronger ceasefire agreement
75
3.2.
Women call for a gender sensitive framework to peacemaking
76
4.
Appointment of the Sub-Committee on gender issues
78
4.1.
Confidence building
79
4.2.
Women or gender
81
4.3.
Division of responsibility and agenda setting
82
4.4.
SGI's terms of reference
83
5.
Conflict and masculinity
86
6.
Analysing the Sub-Committee on gender issues
87
6.1.
Appointment and composition
87
6.2.
Autonomy and compromise
89
6.3.
Marginalisation from mainstream agenda
89
6.4.
Inclusiveness
92
7.
Representation and participation: dilemmas, challenges and lessons learnt
93
7.1.
Engaging with militant women
93
7.2.
Engagement with the State
94
7.3.
Political autonomy
95
7.4.
Engagement with civil society and the politics of coalition building
98
8.
Reclaiming the emancipatory politics of feminism
99
9.
Way forward: negotiating political engagement for social transformation
100
Horizontal Inequalities in Post-Conflict Reconstruction: Guatemala and Nepal / Corinne Caumartin
101
Introduction
101
1.
Guatemala
102
1.1.
Ethnic differences and indigenous issues fuelling conflict
102
1.2.
His concerns in the peace accords
105
1.3.
Limits and achievements in addressing His in post-conflict Guatemala
107
2.
Nepal
114
2.1.
Ethnic differences and indigenous issues fuelling conflict
115
2.2.
His concerns in foreign aid and reconstruction
119
3.
Conclusion
121
Asserting Women's Economic and Social Rights in Transitions / Gaby Ore Aguilar
123
Introduction
123
1.
Socio-economic vulnerability of women in conflict
126
1.1.
Violations of women's social and economic rights
127
1.2.
Reconstruction policies and financing: deficits in gender equality and women's human rights
131
2.
Economic and social rights standards in post-conflict
135
2.1.
The absence of economic and social rights
135
2.2.
Key features of the economic and social rights normative framework
138
2.2.1.
State obligations
139
2.2.2.
Non-discrimination
140
2.2.2.1.
Definitions
141
2.2.2.2.
Mandatory and immediate
141
2.2.2.3.
Formal (de jure) and substantive (de facto) discrimination
142
2.2.2.4.
Special temporary measures
142
2.2.2.5.
Obligation to regulate and monitor the conduct of non-state actors
142
2.2.2.6.
Direct and indirect discrimination
143
2.2.2.7.
Systemic discrimination
143
2.2.2.8.
Multiple discrimination
143
2.2.3.
Non-derogation
143
2.2.4.
Minimum core obligations
144
2.2.5.
Obligations in contexts of `severe resources constraints'
145
2.3.
CESCR, concluding observations on conflict and post-conflict countries
146
2.3.1.
Recommendations on countries immersed in conflict
147
2.3.2.
Recommendations on countries in transition
148
3.
ESCR in transitional justice mechanisms
152
3.1.
Prosecutions
153
3.2.
Reparation adjudications
156
3.3.
Truth commissions
163
3.4.
Policy and institutional reform
164
4.
Conclusions and way forward
166
Exploitation of Natural Resources in Conflict Situations: The Colombian Case / Giulia Tamayo
171
Introduction
171
1.
Preliminary considerations
175
1.1.
The impact of conflicts on the environment and ecosystem
177
1.2.
The impact of state policies and natural resource management during conflicts
178
1.2.1.
Gender impact in armed conflicts
179
1.2.2.
The impact of conflict on indigenous peoples
180
1.3.
Resource management policies and national security
182
2.
Responsibilities under international law
183
2.1.
Responsibilities for violations of the right to the environment and natural resources
183
2.2.
Responsibilities of the state and non-state actors for violations of the rights of women and indigenous peoples
185
2.3.
Perspectives on international responsibility for environmental and natural resource protection in contexts of armed conflict
188
3.
Colombia: a prolonged conflict with high human and environmental costs
189
3.1.
Land occupation by paramilitary and armed non-state belligerents
191
3.2.
The linkages between national security policies and the eradication of coca plantations
191
3.3.
Human rights violations and environmental defenders
194
3.3.1.
Impact on women's rights
195
3.3.2.
Impact on indigenous peoples and Afro-descendants
198
3.3.2.1.
Loss of habitat and forced displacement
198
3.3.2.2.
Investments and mega-projects in indigenous lands and Afro-Colombian communities
201
3.4.
Legitimisation of the appropriation of indigenous territories and resources
203
4.
Conclusions and perspectives
204
Indigenous Peoples and Peace Agreements: Transforming Relationships or Empty Rhetoric? / Jeremie Gilbert
207
Introduction
207
1.
The new deal: redefining the state
209
1.1.
The recognition of the indigenous identity
209
1.2.
Negotiating self-determination and autonomy
213
1.3.
Political rights and political participation
217
1.4.
Land rights
218
2.
Empty rhetoric: limitations to the implementation of peace agreements
220
2.1.
The ILO and peace agreements: the case of Mexico and Bangladesh
222
2.2.
The UN and the monitoring of implementation: the case of Guatemala
225
Conclusion and way forward
228
Gender in Post-Conflict Reconstruction Processes in Africa / Itziar Ruiz-Gimenez Arrieta
231
Introduction: incorporating gender in the world of peacebuilding
231
1.
Obstacles to integrating gender equality in peacebuilding
235
1.1.
The implementation of universal prescriptions
236
1.1.1.
The illusion of neutrality in post-conflict intervention
236
1.1.2.
Invisibility of gender in the genesis of violence and in political resistance struggles
238
1.1.3.
The rebuilding of exclusive systems
241
1.1.4.
Identity and diversity in the experience of women
241
1.2.
Barriers to the effective integration of women and gender issues in peace missions
243
1.3.
Obstacles to the effective inclusion of African women in peace processes
247
1.3.1.
Factors endogenous to African countries
250
1.3.2.
Conflicting factors in the `liberal peace complex'
251
1.3.2.1.
Strengthening of armed combatants in peace processes
251
1.3.2.2.
A policy of selective justice and impunity
252
1.3.2.3.
Strengthening warlords and weakening the rule of law
253
1.3.2.4.
Challenges to the inclusion of gender in peace agreements
254
2.
Gender and the `liberal peace complex' at cross purposes
255
2.1.
The security dimension
255
2.2.
The political dimension
257
2.3.
The economic dimension
260
3.
Conclusions and recommendations for an effective implementation of Resolution 1325
262
Repairing Historical Injustices: Indigenous Peoples in Post-Conflict Scenarios / Felipe Gomez Isa
265
Introduction
265
1.
The right to reparation for past abuses
266
1.1.
Reparation as an integral process
272
1.2.
Forms of reparation
273
2.
The progressive recognition of indigenous peoples' right to reparation for historical injustices
278
2.1.
The Durban Process
279
2.2.
The UN Declaration on the rights of indigenous peoples
285
3.
Indigenous peoples in armed conflict contexts: the Colombian case
287
4.
Reparation for historical injustices in post-conflict situations: the Guatemala case
293
5.
Conclusion and way forward
299
Privatising the Use of Force: Accountability and Implications for Local Communities / Jose L. Gomez del Prado
301
Introduction
301
1.
The privatisation of warfare and security in low-intensity and post-conflict contexts
304
2.
Blurring the boundaries of humanitarian work: who are the private military and security companies
308
3.
Victims or perpetrators? Who are the `private security guards'?
312
4.
Impact on the local populations and lack of accountability
315
4.1.
Iraq: humanitarian crisis and insecurity
316
4.2.
Afghanistan: a free-market logic of justice and reconstruction
319
Conclusion and way forward
322
About the Authors
327