caps2020summer-blog

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Interconnectedness

“Today, all conflicts are and must be a concern of all, since in our globalized world a conflict anywhere can generate conflict everywhere. In times of unprecedented communication, opportunities, interconnectedness and migration, the risks to peace also lie in the inequalities, fanaticism, and marginalization of vulnerable groups, as well as the rejection and ignorance of other cultures, together with their traditions, beliefs and histories.” (UNESCO, 2013, p.2).

“The identified Ubuntu mechanisms of conflict transformation include communal engagement with conflicts and the past, the leadership of respected community members, encouraging remorse and forgiveness, and restorative justice. An emphasis on interconnectedness serves as a reminder of a shared humanity and the social context of conflict, with reconciliation ultimately aiming at healing social relations and fostering harmony.” (Rampke, 2016, p.3).

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Sources:

Rampke, B. (2016). Interconnectedness, Healing & Harmony. University of Tampere. Retrieved from: https://trepo.tuni.fi/bitstream/handle/10024/99311/GRADU-1465883327.pdf?sequence=1&isAllowed=y 

UNESCO. (2013). The Role of Culture in Peace and Reconciliation. UNESCO. Retrieved from: http://www.unesco.org/new/fileadmin/MULTIMEDIA/HQ/CLT/images/PeaceReconciliationENG.pdf

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Recent cases of transitional justice and reconciliation

(By descending order)

1. Morocco, 1990s to present:  This nation undertook a multi-stage political reform process after years of abuses perpetrated by the government. In this process, reconciliation was essential in the public discourse. Also, this process granted amnesty to political prisoners and worked for the return of the forcibly disappeared. Ultimately, this process allowed the creation of an arbitration body in charge to grant reparations to victims and the establishment of the Equity and Reconciliation Commission. “Reconciliation in Morocco at one level has involved a socio-political process, through the creation of a political community based on democratic values. Contributing to this was the acknowledgement of the country’s social and cultural diversity in formal processes. At another level, reconciliation has involved reestablishing trust between citizen and state institutions, further emphasized by civil society activism.” (Seils, 2017, p.12).

2. Tunisia, 2011 to present: This country’s transition focused on addressing the Ben-Ali’s legacies of abuse and corruption, to prevent their recurrence. Therefore, in 2013 the Transnational Justice Law was passed, this law established a Truth and Dignity Commission to examine and report on past abuses. Also, the Specialized Judicial Chambers worked to pursue criminal accountability. In this country, reconciliation is understood in terms of “personal and collective dignity, political recognition and reform, economic justice, equality, social stability, and restoring victims’ rights.” (Seils, 2017, p.13). The Tunisian society believes that accountability should come before reconciliation and the state and citizens’ relationship should be reformed through the judiciary. Seils (2017) state that other beliefs in the society are that “reconciliation will require the recognition of long-term social exclusion and regional inequality through advocacy of civil society and the continued transitional justice process.” (p.13).

3. Syria, 2011 to present: In Syria there has been an extremely challenging context for reconciliation processes, obviously due to the continuous conflict, occurring atrocities, and the fact that the country’s half population is displaced. “Steps should be taken now to ensure the participation of displaced persons and other victims in discussions about return and reconciliation upon a political settlement being reached.” (Seils, 2017, p.14). The priorities for the return process of refugees include security, assurance of basic and universal needs, access to public services, psychosocial support, and family reunification. In Syria, it is more common to apply the term of coexistence rather than reconciliation. Therefore, coexistence refers to re-establishing social ties, something viewed by the society as an obligation. Among refugees, the term dignity is commonly used, which is associated to reconciliation. “Many [refugees] seek tribal justice mechanisms because of mistrust of national and international judicial systems.” (Seils, 2017, p.15).

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Source: Seils, P. (2017). The Place of Reconciliation in Transitional Justice. IJTC Briefing. Retrieved from: https://www.ictj.org/sites/default/files/ICTJ-Briefing-Paper-Reconciliation-TJ-2017.pdf

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The objective of this blog is to present the justice and reconcilation conflict dynamics. In my opinion the element of interconectedness is also important to explain, therefore these two topics will be discussed and portrayed throughout the blog.

Firstly, to better understand reconciliation, it can be described as “a complex set of processes that involve building or rebuilding relationships” (Seils, 2017, p.1), revolving around the repercussion of worldwide human rights violations. Reconciliation occurs at the individual, interpersonal, social, political, and institutional levels. Paul Seils (2017) states that “reconciliation does occur in societies left fractured by conflict or repression, with transitional justice processes capable of contributing to it through their outcomes and processes of discourse and participation.” (p.1). To establish reconciliation processes and their aims, it is essential to know and understand the context of the issue. Furthermore, fragile circumstances emphasize resilience, conflict settings emphasize peaceful coexistence, and great displacement situations emphasize return and reintegration. Seils (2017) concludes that the diverse types of reconciliation “can occur to varying degrees, alone or in combination.” (p.1).

Seils (2017) continues discussing that transnational justice and reconciliation can interact close together. The author states: “Reconciliation as an outcome is only one of the potential objectives of transitional justice, and its relevance depends on each context.” (p.9). Additionally, in different circumstances transnational justice processes can contribute to vertical and horizontal reconciliation, in the way that justice succeeds in recognizing victims, restores trust in the states and citizens, and prevents future violations. Furthermore, the processes of reconciliation “embrace consultation, media relations, gender sensitivity, political alignment, and broad civil society engagement.” (p.10). There can exist a negative connotation for reconciliation if it is promoted by actors as “the only possible outcome”, meaning it would serve as a substitute for accountability and recognition, or even if being used as a synonym for criminal justice.

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Source: Seils, P. (2017). The Place of Reconciliation in Transitional Justice. IJTC Briefing. Retrieved from: https://www.ictj.org/sites/default/files/ICTJ-Briefing-Paper-Reconciliation-TJ-2017.pdf

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Winning painting in IJR's (Institute for Justice and Reconciliation) Youth Reconciliation Arts competition of 2012. Title: "Our Colourful Nation" by Bertus van Schoor.

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Source: https://www.facebook.com/InstituteforJusticeandReconciliation/photos/winning-painting-in-ijrs-youth-reconciliation-arts-competition-of-2012-our-colou/10151402186521339/

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Equity, Integrity and Unity frame inaugural Reconciliation Action Plan. Artist: Yunggorendi Mande (Flinders University Bedford Park); features in the artwork of the Innovate Reconciliation Action Plan. 

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Source: https://news.flinders.edu.au/blog/2020/06/01/equity-integrity-and-unity-frame-inaugural-reconciliation-action-plan/

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Reconciliation Week series - painted by Waka Waka artist Jasmin Roberts for 2016's NAIDOC theme "Songlines: The Living Narrative of Our Nation”.  Title: "Will You?" "Will take my hand? Will you help me find truth? Will you help me seek justice? Will you please, please, please take my hand?"

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Source:  https://www.commongrace.org.au/about_the_reconciliation_week_artwork

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Pardon, punishment, and amnesia: three African post-conflict methods (2004) Written by Lyn S. Graybill.

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Graybill’s work presents three approaches to achieve justice and reconciliation through several processes. “'Pardon', 'punishment' and 'amnesia' are the different routes followed by South Africa, Rwanda and Mozambique in the aftermath of apartheid, genocide and civil war, respectively.” (p.1117).

Graybill explains the Christian basis for reconciliation which supports that reconciliation can be ideally obtained through the perpetrators’ repentance of their sins, therefore their victims would offer them forgiveness. For the Archbishop Desmond Tutu, this approach was the most important goal in the commission’s (The Truth and Reconciliation Commission in South Africa) work. This process leads to reconciliation between individuals and, the ultimate goal, nations. In the most simple words, this view portrays pardon over punishment.

Later on, Graybill addresses the traditional African notion of ubuntu, serving as a base to the guidelines for a truth commission. It is important to note that ubuntu “connotes humaneness, caring and community. It conveys the view that an environment of right relationships is one in which people are able to recognise that their humanity is inextricably bound up in others' humanity.” (p.1118). The Archbishop Tutu establishes that in ubuntu provides a justification for promoting reconciliation over justice, meaning that this approach prioritizes restorative over retributive justice.

On the other side, Graybill discusses the pursuing of justice. In this approach, Rwandans demanded punishment through the International Criminal Tribunal of Rwanda, in the matter of previous genocide acts perpetrated by the former regime. “Rwanda exemplifies […]: the pursuit of justice without reconciliation.” (p.1121).

Graybill, under the title of disillusionment with justice, also discusses that there was a practical need to resurrect a restorative justice approach in Rwanda, called gacaca. Later on, the author explains that gacaca had been revived in order to provide an indigenous form of conflict resolution. “The primary goal was to restore social order through the reintegration of the offender back into the community.” (p.1123), this way, traditional gacaca focused more on restoring harmony by reintegration than on punishment to the source of disorder.

Graybill covers another approach called African medicine and reintegration. He states that in Mozambique, the perspective was to cure violence like it would be any illness. The traditional curandeiros (healers) worked to defuse the cultures of violence present from the war. The traditional practitioners worked in purification ceremonies revolving around both perpetrators and victims of violence.

At last, the author concludes that “in all [the] cases, the emphasis is on reintegrating the perpetrator back into the community, and this goal seems best served by methods other than trials.” (p.1128).

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Source:  Graybill, L.S. (2004). Pardon, Punishment, and Amnesia: Three African Post-Conflict Methods. Third World Quarterly, Vol. 25, No. 6 (2004), pp.1117-1130. Retrieved from: http://www.jstor.org/stable/3993754