Transitional justice, Transitional justice, human rights, and - - PowerPoint PPT Presentation

Transitional justice, Transitional justice, human rights, and human rights, and state state-

• building in

building in fragile states fragile states

Paul Paul Gready Gready, Centre for Applied , Centre for Applied Human Rights, University of York Human Rights, University of York

Overview Overview

• Definitions

Definitions

• Challenges

Challenges

• Possible solutions

Possible solutions

Fragile states Fragile states

• Problem: weak capacity and/or lack of political

Problem: weak capacity and/or lack of political will to provide basic state functions will to provide basic state functions

• With regard to poverty reduction these functions

With regard to poverty reduction these functions include: include: eg eg: security, basic service delivery, : security, basic service delivery, human rights protections, mobilizing revenue human rights protections, mobilizing revenue… …

• Goal: strong institutions and robust state

Goal: strong institutions and robust state-

• civil

civil society relations society relations

Human rights (1) Human rights (1)

• Rights as rules

Rights as rules

• Rights as structures and institutions

Rights as structures and institutions

• Rights as relationships

Rights as relationships

• Rights as process

Rights as process

Human rights (2) Human rights (2)

• A

A mode of analysis mode of analysis, and a , and a set of set of interventions interventions

• Of relevance to transitional justice which

Of relevance to transitional justice which seeks to document and redress the past seeks to document and redress the past

Transitional justice Transitional justice

• Aim: to reckon with the legacy of

Aim: to reckon with the legacy of widespread or systemic widespread or systemic HRs HRs abuses as a abuses as a country moves from conflict/oppression country moves from conflict/oppression towards peace/democracy towards peace/democracy

• Truth and justice measures

Truth and justice measures

• ‘

‘Holistic Holistic’ ’ definitions definitions

Challenges (1) Challenges (1)

• Peace agreements

Peace agreements

• Liberal peace

Liberal peace

Challenges (2) Challenges (2)

• Disjunctive democracies

Disjunctive democracies

• Patterns of continuity and change

Patterns of continuity and change

• Transitions as conflict generating

Transitions as conflict generating

Challenges (3) Challenges (3)

• Civil society

Civil society-

• state relations in flux

state relations in flux

• The human rights practitioner

The human rights practitioner

• Negotiating roles and spheres of influence

Negotiating roles and spheres of influence

• Intrusive, externally led interventions

Intrusive, externally led interventions

Solutions? Solutions?

• Legitimacy

Legitimacy

• Institution

Institution-

• building

building

• Indivisibility (CP

Indivisibility (CP-

• ES rights; past and

ES rights; past and present) present)

• Sequencing and prioritization

Sequencing and prioritization

• Revisiting participation

Revisiting participation

Legitimacy Legitimacy

• Justice

Justice

• Acknowledgement

Acknowledgement

• The listening state

The listening state

Institution Institution-

• building

building

• The contribution of trials

The contribution of trials

• The contribution of truth commissions

The contribution of truth commissions

• The contribution of hybrid institutions

The contribution of hybrid institutions

Indivisibility Indivisibility

• Economic

Economic-

• social

social-

• cultural and civil

cultural and civil-

• political rights

political rights

• Past and present

Past and present

Sequencing and Sequencing and prioritisation prioritisation

• How should interventions be prioritised so

How should interventions be prioritised so that they are sequenced rather than that they are sequenced rather than permanently traded off against one permanently traded off against one another? another?

• Difficult choices remain; momentum

Difficult choices remain; momentum… …

Revisiting participation Revisiting participation

• The poverty of traditional approaches to

The poverty of traditional approaches to participation participation

• Experiencing rights is key to claiming rights

Experiencing rights is key to claiming rights

• Lessons for participation and

Lessons for participation and institutionalizing the voices of the poorest institutionalizing the voices of the poorest and marginalized? and marginalized?

Conclusions Conclusions

• Short term legitimacy gains need to be

Short term legitimacy gains need to be linked more coherently to institution linked more coherently to institution building building

• Operationalising

Operationalising indivisibility alongside indivisibility alongside sequencing and prioritisation sequencing and prioritisation

• State building needs

State building needs HRs HRs as rules, as rules, institutions/ structures, relationships and institutions/ structures, relationships and processes processes

• TJ and

TJ and HRs HRs can contribute more to can contribute more to structural change; but they will need help! structural change; but they will need help!