International Journal of Transitional Justice, Jun 18, 2010
... Fujimori set the tone from the first day of the trial, however, tapping into the ongoing pole... more ... Fujimori set the tone from the first day of the trial, however, tapping into the ongoing polemical debate on the past to divert ... 4 Michael Nesbitt, 'Lessons ... A new journal published by Sage calledMedia, War and Conflict provides numerous articles testifying to this observation. ...
In this essay, the author explores a victim focused approach to evaluating the effectiveness of t... more In this essay, the author explores a victim focused approach to evaluating the effectiveness of truth commissions and related transitional justice measures. In particular, she argues that a participatory approach in the design and implementation of post-conflict recovery policy would enhance its effectiveness.
... 2000. Truth, telling, questioning: The Truth and Reconciliation Commission, Antjie Krog&#... more ... 2000. Truth, telling, questioning: The Truth and Reconciliation Commission, Antjie Krog's country of my skull, and literature after apartheid ... testimony becomes more than “simple truth statements” but rather forms a counterdiscourse that contests official accounts (Sanford 200145. ...
In 2011, the United Nations Human Rights Council unanimously approved the Guiding Principles on B... more In 2011, the United Nations Human Rights Council unanimously approved the Guiding Principles on Business and Human Rights (UNGP) proposed by John Ruggie who had been serving as the Special Representative of the U.N. Secretary-General the previous six years. The endorsement of the Ruggie Principles signals an important milestone in the corporate social responsibility movement that has been building momentum since the 1990s. Importantly, the UNGPs present a comprehensive framework to increase the prevention of human rights violations that arise out of business activities while at the same time instituting greater accountability when harm occurs. Specifically, States have a duty to protect human rights while businesses have a duty to respect human rights. In the event that harm occurs, however, victims must have access to a remedy. Significantly, this third pillar gives the framework teeth by assuring a response to human rights violations. This chapter examines the role of remedies in this dynamic framework to offer an initial assessment of where we are two years into the implementation stage of the Ruggie Principles. To provide background, the article begins with a basic overview of the third pillar on remedies, including its history within the development of the Ruggie Principles, its basic content and significance. Additionally, the authors present a conceptual framework for understanding the “system of remedy” envisioned by the UNGPs, as well as clarifying some universal concepts arising out of human rights law that should be used to interpret the UNGPs’ reference to this right. A typology of judicial and non-judicial grievance mechanisms is also provided to demonstrate how the system of remedies works in practice. Finally, the authors explore relevant issues with regard to evaluating the effectiveness of remedies according to international standards.
International Journal of Transitional Justice, Oct 17, 2008
... 27 Social scientists argue that 'conflict entrepreneurs' and 'spoilers' t... more ... 27 Social scientists argue that 'conflict entrepreneurs' and 'spoilers' tap into the frustration of populations whose historic ... international movement recently has begun to influence postconflict recovery and reconstruction schemes in which transitional justice mechanisms generally ...
This advocacy brief was developed by the Center for International Law and Policy at New England L... more This advocacy brief was developed by the Center for International Law and Policy at New England Law Boston to provide talking points on the rights to an adequate and effective remedy and reparations for serious human rights claims that may arise from business activities. The brief was intended to assist civil society during the negotiations of the proposed international treaty on business and human rights.
ABSTRACT The past decade has seen an increased global interest in the rule of law in post-conflic... more ABSTRACT The past decade has seen an increased global interest in the rule of law in post-conflict and transitional societies.1 Economic analysts, human rights activists and security consultants all agree that the rule of law is important, albeit for their own respective causes. In this way, the rule of law enjoys a “sudden elevation as a panacea for the ills of countries in transition from dictatorships or statist economies…”2 The focus on the rule of law in these settings adds to a growing movement since the 1970s in which a handful of countries emerging from dictatorial, repressive and authoritarian regimes resorted to a variety of mechanisms to address systematic and widespread violation of human rights and the breakdown of the rule of law. Their collective experience gave rise to what is now considered the field of “transitional justice.”
This chapter shows how the Inter-American system of human rights protection directly impacted on ... more This chapter shows how the Inter-American system of human rights protection directly impacted on the history of the Peruvian Truth and Reconciliation Commission from before its formation until after the publication of its final report. The argument is that the Peruvian actors-including both survivors/victims and the state-have often relied on the Inter-American system in their lobbying campaigns to promote their particular justice agenda at home, and that they have done so with good effect. This observation holds true despite the turbulent history of Peru with the Inter-American system. The author argues that although the international oversight system has little power to actually impose compliance despite the supposed obligatory nature of the norms it protects, that true compliance relies on local advocates to push forward the justice agenda. That said, the international system exerts a positive role in shaping the rights culture where these activists operate. The relationship between the truth commission and the Inter-American System reflected this ideal of mutual reinforcement although not without some unexpected tensions which the author explores.
International Journal of Transitional Justice, Jun 18, 2010
... Fujimori set the tone from the first day of the trial, however, tapping into the ongoing pole... more ... Fujimori set the tone from the first day of the trial, however, tapping into the ongoing polemical debate on the past to divert ... 4 Michael Nesbitt, 'Lessons ... A new journal published by Sage calledMedia, War and Conflict provides numerous articles testifying to this observation. ...
In this essay, the author explores a victim focused approach to evaluating the effectiveness of t... more In this essay, the author explores a victim focused approach to evaluating the effectiveness of truth commissions and related transitional justice measures. In particular, she argues that a participatory approach in the design and implementation of post-conflict recovery policy would enhance its effectiveness.
... 2000. Truth, telling, questioning: The Truth and Reconciliation Commission, Antjie Krog&#... more ... 2000. Truth, telling, questioning: The Truth and Reconciliation Commission, Antjie Krog's country of my skull, and literature after apartheid ... testimony becomes more than “simple truth statements” but rather forms a counterdiscourse that contests official accounts (Sanford 200145. ...
In 2011, the United Nations Human Rights Council unanimously approved the Guiding Principles on B... more In 2011, the United Nations Human Rights Council unanimously approved the Guiding Principles on Business and Human Rights (UNGP) proposed by John Ruggie who had been serving as the Special Representative of the U.N. Secretary-General the previous six years. The endorsement of the Ruggie Principles signals an important milestone in the corporate social responsibility movement that has been building momentum since the 1990s. Importantly, the UNGPs present a comprehensive framework to increase the prevention of human rights violations that arise out of business activities while at the same time instituting greater accountability when harm occurs. Specifically, States have a duty to protect human rights while businesses have a duty to respect human rights. In the event that harm occurs, however, victims must have access to a remedy. Significantly, this third pillar gives the framework teeth by assuring a response to human rights violations. This chapter examines the role of remedies in this dynamic framework to offer an initial assessment of where we are two years into the implementation stage of the Ruggie Principles. To provide background, the article begins with a basic overview of the third pillar on remedies, including its history within the development of the Ruggie Principles, its basic content and significance. Additionally, the authors present a conceptual framework for understanding the “system of remedy” envisioned by the UNGPs, as well as clarifying some universal concepts arising out of human rights law that should be used to interpret the UNGPs’ reference to this right. A typology of judicial and non-judicial grievance mechanisms is also provided to demonstrate how the system of remedies works in practice. Finally, the authors explore relevant issues with regard to evaluating the effectiveness of remedies according to international standards.
International Journal of Transitional Justice, Oct 17, 2008
... 27 Social scientists argue that 'conflict entrepreneurs' and 'spoilers' t... more ... 27 Social scientists argue that 'conflict entrepreneurs' and 'spoilers' tap into the frustration of populations whose historic ... international movement recently has begun to influence postconflict recovery and reconstruction schemes in which transitional justice mechanisms generally ...
This advocacy brief was developed by the Center for International Law and Policy at New England L... more This advocacy brief was developed by the Center for International Law and Policy at New England Law Boston to provide talking points on the rights to an adequate and effective remedy and reparations for serious human rights claims that may arise from business activities. The brief was intended to assist civil society during the negotiations of the proposed international treaty on business and human rights.
ABSTRACT The past decade has seen an increased global interest in the rule of law in post-conflic... more ABSTRACT The past decade has seen an increased global interest in the rule of law in post-conflict and transitional societies.1 Economic analysts, human rights activists and security consultants all agree that the rule of law is important, albeit for their own respective causes. In this way, the rule of law enjoys a “sudden elevation as a panacea for the ills of countries in transition from dictatorships or statist economies…”2 The focus on the rule of law in these settings adds to a growing movement since the 1970s in which a handful of countries emerging from dictatorial, repressive and authoritarian regimes resorted to a variety of mechanisms to address systematic and widespread violation of human rights and the breakdown of the rule of law. Their collective experience gave rise to what is now considered the field of “transitional justice.”
This chapter shows how the Inter-American system of human rights protection directly impacted on ... more This chapter shows how the Inter-American system of human rights protection directly impacted on the history of the Peruvian Truth and Reconciliation Commission from before its formation until after the publication of its final report. The argument is that the Peruvian actors-including both survivors/victims and the state-have often relied on the Inter-American system in their lobbying campaigns to promote their particular justice agenda at home, and that they have done so with good effect. This observation holds true despite the turbulent history of Peru with the Inter-American system. The author argues that although the international oversight system has little power to actually impose compliance despite the supposed obligatory nature of the norms it protects, that true compliance relies on local advocates to push forward the justice agenda. That said, the international system exerts a positive role in shaping the rights culture where these activists operate. The relationship between the truth commission and the Inter-American System reflected this ideal of mutual reinforcement although not without some unexpected tensions which the author explores.
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