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

Transitional justice, Transitional justice, human rights, and human rights, and state- -building in building in state fragile states fragile states Paul Gready Gready, Centre for Applied , Centre for Applied Paul 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: eg eg: security, basic service delivery, : security, basic service delivery, include: 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 , and a set of mode of analysis , and a 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 HRs HRs abuses as a abuses as a widespread or systemic 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- -building building Institution � 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 prioritisation prioritisation Sequencing and � 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!