Transition and Justice E-Book

Gerhard Anders

• Herausgeber: John Wiley & Sons
• Kategorie: Bildung
• Serie: Development and Change Special Issues
• Sprache: Englisch

Seitenzahl: 574

Veröffentlichungsjahr: 2014

Beschreibung

Transition and Justice examines a series of cases from across the African continent where peaceful ‘new beginnings’ were declared after periods of violence and where transitional justice institutions helped define justice and the new socio-political order.

• Offers a new perspective on transition and justice in Africa transcending the institutional limits of transitional justice
• Covers a wide range of situations, and presents a broad range of sites where past injustices are addressed 
• Examines cases where peaceful ‘new beginnings’ have been declared after periods of violence
• Addresses fundamental questions about transitions and justice in societies characterized by a high degree of external involvement and internal fragmentation

Leseprobe

Development and Change Book Series

As a journal, Development and Change distinguishes itself by its multidisciplinary approach and its breadth of coverage, publishing articles on a wide spectrum of development issues. Accommodating a deeper analysis and a more concentrated focus, it also publishes regular special issues on selected themes. Development and Change and Wiley Blackwell collaborate to produce these theme issues as a series of books, with the aim of bringing these pertinent resources to a wider audience.

Titles in the series include:

Transition and Justice: Negotiating the Terms of New Beginnings in Africa Edited by Gerhard Anders and Olaf Zenker

Governing Global Land Deals: The Role of the State in the Rush for Land Edited by Wendy Wolford, Saturnino M. Borras, Jr., Ruth Hall, Ian Scoones and Ben White

Seen, Heard and Counted: Rethinking Care in a Development Context Edited by Shahra Razavi

Negotiating Statehood: Dynamics of Power and Domination in Africa Edited by Tobias Hagmann and Didier Péclard

The Politics of Possession: Property, Authority, and Access to Natural Resources Edited by Thomas Sikor and Christian Lund

Gender Myths and Feminist Fables: The Struggle for Interpretive Power in Gender and Development Edited by Andrea Cornwall, Elizabeth Harrison and Ann Whitehead

Twilight Institutions: Public Authority and Local Politics in Africa Edited by Christian Lund

China's Limits to Growth: Greening State and Society Edited by Peter Ho and Eduard B. Vermeer

Catalysing Development? A Debate on Aid Jan Pronk et al.

State Failure, Collapse and Reconstruction Edited by Jennifer Milliken

Forests: Nature, People, Power Edited by Martin Doornbos, Ashwani Saith and Ben White

Gendered Poverty and Well-being Edited by Shahra Razavi

Globalization and Identity Edited by Birgit Meyer and Peter Geschiere

Social Futures, Global Visions Edited by Cynthia Hewitt de Alcantara

Transition and Justice

Negotiating the Terms of New Beginnings in Africa

Edited by

Gerhard Anders and Olaf Zenker

This edition first published 2015 Originally published as Volume 45, Issue 3 of Development and ChangeChapters © 2015 by The Institute of Social Studies Book Compilation © Blackwell Publishing Ltd.

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ISBN 9781118944776 (paperback)

LCCN 2014027078

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Front cover image © Géraldine Bollmann

Contents

Notes on Contributors

Chapter 1: Transition and Justice: An Introduction

Introduction

Approaching Transitional Justice: State of the Art

The Problem of New Beginnings

Lofty Promises and Messy Realities

Between Exceptions and Business as Usual

The Chapters

References

Notes

Chapter 2: Making Good Citizens from Bad Life in Post-Genocide Rwanda

Introduction

Transition and Justice in Rwanda

Refugee Camps as Spaces of Exception

Repatriation as Return to Normality

Capturing the State and the People

Ingando and Itorero: Two Ways to Inclusion

Conclusion

References

Notes

Chapter 3: Performing Repatriation? The Role of Refugee Aid in Shaping New Beginnings in Mauritania

Introduction

Naming Past Injustices: The

Passif Humanitaire

of Mauritania

Making Sense of Past Injustices in Refugee Camps

Returning Home and Claiming Justice: Continuities with the Past

New Beginnings or New Challenges?

References

Notes

Chapter 4: Conflicting Logics of Exceptionality: New Beginnings and the Problem of Police Violence in Post-Apartheid South Africa

Introduction

Two Logics, Different Beginnings

Victimhood and Everyday Police Violence

Conflicting Logics of Exceptionality and Their Divergent Beginnings

References

Notes

Chapter 5: The 2011 Toilet Wars in South Africa: Justice and Transition between the Exceptional and the Everyday after Apartheid

Introduction

Making Human Waste Politically Legible

Sanitation, Shit and the Public Sphere

Human Rights, Human Waste and the Spectacle of the ‘Anti-Dignity Toilet’

The Toilet Wars Go Virtual and Viral

The Social Justice Coalition and its Grassroots Politics of Justice and Transition

Slow Violence, ‘Slow Activism’ and Transitional Social Justice

Concluding Reflections

References

Notes

Chapter 6: New Law against an Old State: Land Restitution as a Transition to Justice in Post-Apartheid South Africa?

Introduction

The Restitution Act Within the Legal Reconstitution of South Africa

The Case of the So-Called ‘Kafferskraal’ Land Claim: A History of Repossession

The Contested Justice of the ‘Kafferskraal’ Land Claim

Conclusion: New Law Against an Old State

References

Statutes

Notes

Chapter 7: Transitional Justice, States of Emergency and Business as Usual in Sierra Leone

Exceptional Measures: ‘Operation Justice’

A New Beginning and Transitional Justice

The State of Emergency and Political Conflicts

Arrested Developments: The Special Court Indictees

Conclusions

References

Notes

Chapter 8: ‘When we Walk Out, What was it all About?’: Views on New Beginnings from within the International Criminal Tribunal for Rwanda

Introduction

Context

The ICTR as ‘New Beginning’

‘Victor's Justice’ and Allegations Against the Rwandan Patriotic Front

Conclusion

References

Notes

Chapter 9: New Start or False Start? The ICC and Electoral Violence in Kenya

Introduction

Post-Electoral Violence in Kenya

A New Beginning for Kenya's Electoral Politics?

A New Beginning for International Responses to Political Violence: Bringing Political Conflict to Court

Trial Imperatives and the Limits of Law's Potential as New Beginning

Conclusion

References

Notes

Chapter 10: Justice without Peace? International Justice and Conflict Resolution in Northern Uganda

Introduction

International Justice

Local Peace

Conclusion

References

Notes

Chapter 11: The Violence of Peace: Ethnojustice in Northern Uganda

Introduction

Transitional Justice in Question: Violence and Political Order

The Turn to Tradition

Transitional Justice in Uganda

Ethnojustice in Theory

Acholi Ethnojustice

Challenging Ethnojustice

References

Notes

Index

End User License Agreement

List of Illustrations

Chapter 5

Figure 1 Protest action in July 2013 in which containers from portable flush toilets are flung upon cars driving along Cape Town's N2 highway with the aim of drawing attention to disparities in sanitation resources in Cape Town.

Figure 2 Open toilet in Makhaza township in Khayelitsha.

Figure 3 Mandisa Feni of Site C, Khayelitsha, sits on a portable toilet on the steps of the provincial legislature. She is one of the many poo protesters who, in June 2013, dragged portable toilet containers of human waste from the informal settlements on the urban margins to the provincial legislature in Cape Town's city centre.

Figure 4 The 2011 toilet election and toilet wars. Reproduced by kind permission. Copyright 2010-2011 Zapiro / www.zapiro.com (all rights reserved).

Figure 5 Both the ANC-run Free State and the DA-run Western Cape provincial governments were embarrassed by media coverage of open toilets in the run-up to the 2011 local government elections. Reproduced by kind permission. Copyright 2010--2011 Zapiro / www.zapiro.com (all rights reserved).

Figure 6 In June 2010, the South African Human Rights Commission (SAHRC) released a report finding that the open toilets constructed by the DA-run local government in Makhaza informal settlement in Khayelitsha were an affront to the dignity of residents living there. Zapiro's cartoon has Mayor Zille being issued with the HRC finding. Reproduced by kind permission. Copyright 2010--2011 Zapiro / www.zapiro.com (all rights reserved). This ruling was followed by another SAHRC Report, released in July 2014, focusing on the controversial rolling out of portable chemical flush toilets (“porta potties”) in Cape Town's informal settlements. The 2014 SAHRC report found that portable toilets violated the residents' rights to equality, human dignity and privacy, and that the sanitation conditions, services and infrastructure were racially discriminatory against black Africans. The report was the outcome of a SJC social audit and complaint made to the HRC by the SJC about the conditions of portable chemical toilets in Khayelitsha.

Figure 7 A poster produced in 2011 by the Social Justice Coalition (SJC), a social movement working on sanitation issues in the informal settlements of Khayelitisha. It was designed for a toilet queue protest that sought to draw attention to the stark disparities between sanitation resources in affluent and poor parts of the city. The media coverage of the protests and persistent activism ultimately convinced the city government to establish a janitorial system to monitor and maintain toilets in Cape Town's informal settlements.

Figure 8 Portable flush toilet protests in June 2014 in Kosovo informal settlement in Cape Town, where residents destroyed “porta potty” toilets that they claimed violated their human rights and dignity.

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Notes on Contributors

Gerhard Anders is lecturer at the Centre of African Studies, University of Edinburgh. He has conducted research on the implementation of the good governance agenda, international criminal justice and transitional justice in Africa. He is co-editor of Corruption and the Secret of Law: A Legal Anthropological Perspective (Ashgate, 2007) and author of In the Shadow of Good Governance: An Ethnography of Civil Service Reform in Africa (Brill, 2010).

Kimberley Armstrong is based in Arusha, Tanzania. She graduated from McGill University in Canada and is currently working as a Social Research Consultant in the region. Her research interests include transitional justice, post-conflict transition, development, East Africa and research methodology.

Adam Branch is Senior Research Fellow at the Makerere Institute of Social Research in Kampala, Uganda, and Associate Professor of political science at Department of Political Science, San Diego State. His work has focused on political violence and international intervention, leading to the book, Displacing Human Rights: War and Intervention in Northern Uganda (Oxford University Press, 2011), as well as numerous articles and chapters on the ICC, humanitarianism and regional security.

Nigel Eltringham is senior lecturer in Social Anthropology at the University of Sussex, Brighton. He is the author of Accounting for Horror: Post-Genocide Debates in Rwanda (Pluto Press, 2004), editor of Framing Africa: Portrayals of a Continent in Contemporary Mainstream Cinema (Berghahn Books, 2013) and co-editor of Remembering Genocide (Routledge, 2014).

Marion Fresia is Assistant Professor at the Institute of Anthropology, Neuchâtel, Switzerland. Her research interests include humanitarianism, forced migration and the institutional fabric of the refugee regime. She has published Les Mauritaniens réfugiés au Sénégal. Une anthropologie de l'asile et de l'aide humanitaire [Mauritanian Refugees in Senegal: A Critical Anthropology of Asylum and Humanitarian Aid] (L'Harmattan, 2009), and a number of articles on the everyday work of refugee workers.

Sabine Höhn received her PhD in African Studies from the University of Edinburgh in 2010. She is currently a British Academy post-doctoral fellow in the Department of Politics, University of Glasgow.

Steffen Jensen is a senior researcher at DIGNITY-Danish Institute Against Torture in Copenhagen and an associate of the University of the Philippines. He has published on issues of violence, gangs, vigilante groups, human rights, urban and rural politics, as well as on the relationship between security and development in rural and urban South Africa and in the Philippines. He has published Gangs, Politics and Dignity in Cape Town (University of Chicago Press, 2008) along with edited volumes on victimhood, policing, human rights and security.

Steven Robins is a Professor in the Department of Sociology and Social Anthropology at the University of Stellenbosch. He has published on a wide range of topics including the politics of land, ‘development’ and identity in Zimbabwe and South Africa; the Truth and Reconciliation Commission; urban studies; and citizenship and governance. His recent authored and edited books include: From Revolution to Rights in South Africa: Social Movements and Popular Politics (2008); Limits to Liberation After Apartheid: Citizenship, Governance and Culture (2005) and New South African Keywords (2008, with Nick Shepherd).

Simon Turner is associate professor at Global Refugee Studies, Aalborg University, Copenhagen. His research has focused on refugees, humanitarianism, diaspora and conflict in Burundi and Rwanda. He is presently exploring the relationship between the Rwandan state and its diaspora.

Olaf Zenker is Junior Professor at the Institute of Social and Cultural Anthropology, Freie Universität Berlin, Germany. He has done research on Irish language revivalism and ethnicity in Northern Ireland and currently studies the moral modernity of the new South African state in the context of its land restitution process. He is the author of Irish/ness Is All Around Us: Language Revivalism and the Culture of Ethnic Identity in Northern Ireland (Berghahn, 2013) and co-editor of The State and the Paradox of Customary Law in Africa (Ashgate, to be published in 2015).

1Transition and Justice: An Introduction

Gerhard Anders and Olaf Zenker

INTRODUCTION

Since the end of the Cold War, political new beginnings have increasingly been linked to questions of transitional justice. This can also be observed in Africa. Since the establishment of the South African Truth and Reconciliation Commission (TRC) and the International Criminal Tribunal for Rwanda (ICTR) during the mid-1990s, the African continent has loomed large in academic and political debates about how to deal with past injustices and realize political transition. The contributions to this collection examine a series of cases where peaceful ‘new beginnings’ have been declared after periods of violence and where transitional justice institutions played a role in defining justice and the new socio-political order.

In spite of the dramatic growth of transitional justice, there are other sites in countries and regions affected by violence and armed conflicts where ideas about justice, reconciliation, retribution and political participation are being instantiated and contested. Among the sites explored in this edited volume are re-education camps for demobilized combatants, refugee camps and prisons, as well as domestic courts, parliaments and village meetings. In these sites, former combatants and their leaders, politicians, civil society activists, village elders and ordinary people advance their views on how to realize justice or seek to secure a place in the new political system. Such negotiations of the terms of new beginnings in Africa, in which transitional justice measures are only one aspect of — and often challenged by — a multitude of much broader societal attempts at realizing more ‘justice’, constitute the subject matter of this collection. It is aimed at furthering our knowledge about transition and justice, including and transcending the usual transitional justice mechanisms, by presenting fine-grained case studies of sites where claims to justice are advanced and contested.

The focus on Africa in this edited volume is not accidental. Since the establishment of the TRC in South Africa and the ICTR in Arusha, Tanzania, the African continent has turned into a veritable laboratory of transitional justice. The International Criminal Court (ICC), the first permanent international criminal tribunal in history, has focused almost exclusively on Africa. At the time of writing, in March 2014, investigations or trials against accused from eight African countries have been opened at the ICC. This has attracted considerable criticism from various quarters, especially in Africa, where some see the ICC as a thinly veiled instrument of neo-colonialism. The advent of this critique is directly linked to the expansion of transitional justice mechanisms in post-conflict situations in African countries characterized by fragile state institutions, widespread poverty and considerable internal fragmentation due to ethnicity and regionalism. In Sierra Leone, for instance, no less than four transitional justice mechanisms (amnesty, truth commission, international tribunal and domestic criminal trials) co-existed in often uneasy relationships, as Gerhard Anders describes in his chapter. In Uganda, a similar pluralism of transitional justice institutions can be observed, as Adam Branch and Kimberley Armstrong show in their contributions. Uganda and Rwanda are of particular interest as these countries have experienced the most sustained efforts to create alternative transitional justice mechanisms more attuned to local culture and conceptions of justice.