Justice and peace after war : conceptual difficulties in the discourses of transition and reform in post-war societies
This paper explains conceptual lapses in the discourses of transition and
reform in post-war societies. Critical, is the fluidity that characterizes notions
of survivor and victim in the context of peace and justice. Transitional
interventions continuously create victims of war in their attempt to create
survivors of war. Although my focus is northern Uganda, I also draw examples
from other parts of the world. I argue that legal inclusiveness, market
inclusivity, and resolved antecedents of conflicts create conditions that
facilitate implementation processes of integration, settlement, and reconstruction
of post-war societies. Creating “survivability” is a collective work
of surviving communities, national, local, and other exogenous entities.
The way reform processes are played out in transitional period stems from
how international agencies, national governments, civil societies, non-governmental
organizations, and local actors deploy human and material resources
towards recovery...
Auteur ou autrice(s) : Ocen, Laury
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Beyond Nuremberg : the historical significance of the post-apartheid transition in South Africa
The end of apartheid has been exceptionalized as an improbable outcome produced by the exceptionality of Nelson Mandela. It is thus said that the violence of Africa’s civil wars results from a culture of impunity among African leaders, and calls for punishment rather than political reform. This essay asserts the core relevance of the South African transition as an exemplar for ending civil wars in the rest of Africa. Whereas Nuremberg shaped the notion of criminal justice, the Convention for a Democratic South Africa (CODESA) calls on us to think of justice as primarily political.
Auteur ou autrice(s) : Mamdani, Mahmood
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Langage : Anglais
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Politics of indigeneity : land restitution in Burundi
Political reform in Burundi has sought to resolve the land question, using the law, itself a product of political violence, as a way to render justice to victims of the past. This paper shows how land ownership becomes central to belonging in the nation-state and how indigeneity and ethnicity are reasserted through land after violence. The paper is divided in three sections: the first traces the history and connections between land tenure, indigeneity, ethnicity, violence and the law. The second section looks at policy on land restitution, while the third frames the debate on land restitution policy in practice.
Auteur ou autrice(s) : Bangerezako, Haydee
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Langage : Anglais
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What is Kenya becoming : dealing with mass violence in the Rift Valley of Kenya
Kenya has become a land of the landless, alongside huge land acquisitions by others, as well as a country where ethnicity is employed not just as a weapon for fighting this social injustice, but also as an instrument for defending the social injustice. National politics have made Kenyans become apprehensive of each other, ‘those whose leaders are in government’ against ‘those whose leaders are in opposition’. The 2010 Constitution of Kenya reflects some of the independence debates of the majority – minority representation, and the question of devolved government. This paper addresses democratization, and the self-awareness of Kenyans as their own people.
Auteur ou autrice(s) : Omaada, Esibo S.
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Langage : Anglais
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Justice and peace after war : conceptual difficulties in the discourses of transition and reform
The way memory of war is constructed in transitional periods stems from how international agencies, national governments, civil societies, non-governmental organizations, and local actors deploy human and material resources in the servicing of peace and justice. A liberalized rule of law can help transition from war to peace. It regulates social behavior of war parties in post conflict communities. The paper argues that legal inclusiveness is capable of creating a rule of law that facilitates implementation processes of integration, settlement, and reconstruction of post-war societies. Creating “survivability” is a collective work of surviving communities, national, local, and other exogenous entities.
Auteur ou autrice(s) : Ocen, Laury Lawrence
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Langage : Anglais
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Kenya's constitution and institutional reforms after political violence 1991-2010
This policy brief looks at what the cyclical political violence,
which characterized Kenya’s transition from one-party and
presidential political contests, has produced: the deaths, the patterns
of violence, the beneficiaries of the violence, ways of seeing Kenyan
politics, political fears, and more importantly the constitutional,
institutional and policy responses to these crises.
Auteur ou autrice(s) : Akech, Akoko
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Langage : Anglais
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Beyond Nuremberg : learning from the post-apartheid transition in South Africa
The contemporary human rights movement holds up Nuremberg as a
template with which to define responsibility for mass violence. The lesson of
Nuremberg is two-fold: one, responsibility for mass violence is criminal and
must be ascribed to individual agents; above all, this responsibility is said to
be ethical, not political. Two, criminal justice is the only politically viable and
morally acceptable response to mass violence. Turned into the founding moment
of the new human rights movement, Nuremberg is today the model for
the International Criminal Court (ICC) and is held as the fitting anti-dote to
every incident of mass violence....
Auteur ou autrice(s) : Mamdani, Mahmood
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Langage : Anglais
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Politics of indigeneity : land restitution in Burundi
The validity of a title deed, or whether a property owner purchased in good faith, has recently been questioned and rejected by the land commission, a body under the auspices of the office of the presidency. In 2015 for over two weeks, both residents ‘abasangwa’ and repatriates ‘abahungutse’, stood together to oppose the Burundi land commission: the Commission Nationale Terres et autres Biens (CNTB, National Commission of land and other Assets), who are revisiting land restitution cases it had previously settled. This policy brief provides an overview of the 2006 land restitution policy, and its major consequences in post-conflict Burundi.
Auteur ou autrice(s) : Bangerezako, Haydee
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MISR review, v. 1, issue 1
This paper studies the challenges of land restitution in Burundi
after phases of violence. The paper traces land relations from the
precolonial to the colonial and postindependence periods. With sovereignty
shifting from body to territory in the colonial period, bodies that
had been marked as indigenous (indicating those who first cleared the
land) were newly marked as ethnic. In the postindependence state, politics
and ethnicity, as products of continued racialized, centralized despotism,
were expressed in law as well as in violence. Violence in 1972 led
to the exile of part of the population and the gaining of land for another
part, with the state facilitating this process. With the return of the population
after this and the subsequent 1993 violence, and the formation
of a new government (the product of the Arusha peace talks in 2003),
a new land commission, the National Commission of Land and Other
Assets, sought to resolve property disputes between abahungutse (repatriates)
and abasangwa (residents). In its first mandate in 2006–11, the land
commission advocated for the sharing of property. With the same but
more hardline government in 2011, the properties were to be given to
the former refugees because, it argued, the residents had enjoyed the
“illegally” obtained property for a long period of time. This paper shows
how land rights are tied to citizenship and indigeneity. In theory, the
land commission seeks reconciliation in which everyone is regarded as
a survivor, but in practice it marks out victims and perpetrators...
Auteur ou autrice(s) : Akech, Akoko, Bangerezako, Haydee, Omaada Esibo, Simon, Mamdani, Mahmood, Ocen, Laury L.
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Kitu kichafu sana : Daniel Arap Moi and the dirty business of dismembering Kenya’s body politic
Kenya’s return to multi-party politics in 1991 has been defined by campaigns
for democracy and human rights, the intensification of politicization of
ethnic difference or ethnicization of political differences, intense political
competition state power, cyclical political violence, mass murder, rape, destruction,
displacement and land dispossessions. Moreover, Kenya’s general
elections, except the 2002 and 2013, have been characterized by waves of political
violence of varying regional intensity. The Rift Valley, however, more
than any other location, including the Coast Province, has experienced the
most frequent and intense forms of the elections related violence...
Auteur ou autrice(s) : Akech, Akoko
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What is Kenya becoming : dealing with mass violence in the Rift Valley of Kenya
This policy brief is divided into three parts: research findings, policy analysis, and recommendations. Daily political and social processes determine what Kenya and Kenyans are becoming. The place where this becoming started was with colonial conquest and the resistance to conquest. The government needs to build institutions that nurture the direct participation in governance of the country by grass roots Kenyans, as well as by addressing the land question in order to reduce biases that reify ethnic identities and violence.
Auteur ou autrice(s) : Omaada, Esibo S.
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Langage : Anglais
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