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Dealing lightly with the wounds of my people : a theological ethical critique of the South African Truth and Reconciliation CommissionLephakga, Tshepo 05 1900 (has links)
This study is an attempt to critique the South African Truth and Reconciliation Commission from a theological ethical perspective. The central critique and argument of this study will be that, it is impossible to reconcile the dispossessor and the dispossessed or the oppressor and oppressed in the way the South African TRC did. As such, it will be befitting to start off this study which explores some of the noticeable lessons and challenges emerging from the South African Truth and Reconciliation Commission (hereafter, the TRC) by elucidating that this study is an attempt to contribute to the on-going discussions on reconciliation. It is also vital to mention up front that this study attempts to contribute to the discussion on reconciliation which seeks to remove injustice at the root. It contributes to a discussion of the weeds of alienation and fragmentation, and it stands in contrast to the frequent use of reconciliation merely to reach some political accommodation and not to address the critical questions of justice, equality and dignity (Boesak
& DeYoung 2012). It is also befitting to point out that two central themes – political pietism and Christian quietism – form the backdrop to this study (Boesak & DeYoung 2012). The study contends that reconciliation in South Africa was used merely to reach some political accommodation and did not address the three critical questions of justice, equality and dignity. These arrangements perpetually favour the rich and powerful but deprive the powerless of justice and dignity. Hitherto, this reconciliation is presented as if it does respond to the need for genuine reconciliation and employs a language that sounds like the truth, but it is in fact deceitful – and this we call political pietism. It is also vital to mention that “reconciliation” is a Christian concept, and as such, Christians’ measure matters of reconciliation with the yardstick of the gospel and therefore should know better. However, as it will be shown in this study, when
Christians in South Africa discovered that the TRC was not really promoting reconciliation, they became complicit in a deceitful reconciliation. This may have been for reasons of self-protection, fear or a desire for acceptance by the powers that govern the world. Whichever way one looks at it, they tried to seek to accommodate the situation, to justify it and to refuse to run the risk of challenge and prophetic truth telling. As a result, they denied the demands of the gospel and refused solidarity with the powerless and oppressed. This is called Christian quietism (Boesak & DeYoung 2012:1).
This study in its attempt to critique the South Africa TRC from a theological ethical perspective will point out that, the TRC which was obviously the product of the negotiated settlement needs to be understood against the background of the global struggle of particularly Third-World countries which were resisting authoritarian regimes put in place by the West for the benefit of the West. As such, this study will point out how the West, in their attempt to keep a grip on the Third-World countries – particularly on their resources – had to recommend and promote their notion of democracy. Democracy became the only option for Third-World countries as a result of the fall of the Soviet Union. It must, however, be mentioned that the problem is not democracy but the manifestation thereof under capitalism. This is because the notion of democracy was recommended to Third-World countries when capitalism was becoming global. As such, this presented some contradictions because democracy emphasizes joint interests, equality and common loyalties whilst capitalism is based on self-seeking inequality and conflicting individual and group interest (Terriblanche 2002). This means that a transition to democracy (especially constitutional democracy) means that the former oppressor or dispossessor will hold on to economic power. As such, the sudden interest of both the NP and the corporate sector in South Africa to a transition to democracy needs to be understood against this background. This study will argue and demonstrate how the ANC was outsmarted during the negotiations in that, at the formal negotiations, the ANC won political power whilst the NP/corporate sector in South Africa won economic power. This is mentioned to here to point out that both the elite compromise reached at the formal and informal negotiations and the influence of the Latin-American truth commissions led to the inability or unwillingness of the TRC to uncover the truth about systemic exploitation. As such, this study will argue and demonstrate that, on the one hand, reconciliation was not added to the truth commission for the purpose of confronting the country with the demands of the gospel and, on the other hand, the TRC was set up (from its inception) for failure. / Philosophy, Practical and Systematic Theology / D. Th. (Theological Ethics)
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The methodology by which transitional justice strategies ought to be incorporated into the International Criminal Court frameworkSiang'andu, Twaambo Ellah Mapenzi 01 September 2016 (has links)
This research seeks to establish a methodology by which transitional justice strategies ought to be incorporated within the International Criminal Court (ICC) framework. The study is based on the situation in Uganda as an example of the state that has a situation and cases before the ICC. The aim of the thesis was achieved through the adoption of a combination of theoretical legal research and the non -doctrinal approaches.
This research establishes that the primary responsibility to prosecute persons suspected of violating international law lies with the states. The importance of the concept of individual criminal responsibility, the idea that every person suspected of committing the most serious offences must be held accountable regardless of status. The principle of individual criminal responsibility is further developed with the creation of the ICC.
This research clarifies that there are limitations in terms of what prosecutions can achieve during transitional periods; further, that trials in the ICC and national courts can be undertaken together with proceedings of the Truth and Reconciliation Commissions or indigenous mechasims. Such an approach will allow for confines of prosecutions to be addressed.
Despite the existence of principles and institutional framework that are intended to ensure individuals are held accountable for the most serious offences of international concern, the majority of individuals are not held accountable. In order for the ICC to operate effectively it would need to seek to go beyond deterrence and retribution. This would require post – conflict states to devise transitional arrangements that compel with the ICC structure.
Thus the research recommends that it would be better for judicial and non- judicial measures to be adopted in states that have cases before the ICC. Particularly Uganda must adopt the mato oput method formally as a tool to address the past human rights abuses in Uganda. All persons regardless of whether they have been granted amnesty or not must be held accountable under the mato oput measures. This implies all persons with exception to those that the ICC has issued the warrants of arrest against. / Public, Constitutional and International Law / LL. D.
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[en] BRAZILIAN NATIONAL TRUTH COMMISSION: THE LAST CHAPTER OF THE TRANSITIONAL JUSTICE IN BRAZIL? / [fr] COMMISSION NATIONALE DE LA VÉRITÉ: LE DERNIER CHAPITRE DE LA JUSTICE TRANSITIONNELLE AU BRÉSIL? / [pt] COMISSÃO NACIONAL DA VERDADE: O ÚLTIMO CAPÍTULO DA JUSTIÇA DE TRANSIÇÃO NO BRASIL?AMANDA CATALDO DE S T DOS SANTOS 28 May 2018 (has links)
[pt] A presente dissertação tem como objeto inicial refletir sobre a Comissão
Nacional da Verdade (CNV) à luz da normativa e da experiência internacional,
analisando o contexto de sua instituição, a elaboração de seu marco legal, suas
interações com atores estatais e não estatais, e os principais avanços e desafios
enfrentados durante seu funcionamento. Com base no relatório final da CNV, serão
identificados os pontos centrais desenvolvidos pela Comissão em termos de justiça
e verdade, evidenciando como suas conclusões e recomendações afastam-se do
discurso oficial do Estado brasileiro. Finalmente, será verificado em que medida o
relatório final da CNV poderá oferecer aportes para o caso Vladimir Herzog, a ser
julgado pela Corte Interamericana de Direitos Humanos / [en] The initial purpose of this dissertation is to reflect on the National Truth
Commission (CNV) in the light of international normative and experience,
analyzing the context of its institution, its legal framework, its interactions with
state and non-state actors, and the main advances and challenges faced during its
operation. Based on the CNV s final report, will be identified the central points
developed by the Commission in terms of justice and truth, highlighting how its
conclusions and recommendations deviate from the official discourse of the
Brazilian State. Finally, it will be verified to what extent the CNV final report may
offer contributions to the Vladimir Herzog case, to be judged by the Inter-American
Court of Human Rights. / [fr] L objectif initial de cette thèse est de réfléchir sur la Commission Nationale
de la Vérité (CNV), à la lumière du droit et de l expérience internationale, en
analysant le contexte de l institution, le cadre juridique, les interactions avec les
acteurs étatiques et non étatiques, ainsi que les progrès et défis principaux, auxquels
elle est confrontée au cours de son fonctionnement. Sur la base du rapport final de
la CNV seront identifiés les points centraux développés par la Commission en
termes de justice et de vérité, soulignant comment ses conclusions et
recommandations s écartent du discours officiel de l Etat brésilien. Enfin, il sera
vérifié dans quelle mesure le rapport final de la CNV peut offrir des contributions
à l affaire Vladimir Herzog, qui doit être jugé par la Cour Interaméricaine des Droits
de L homme.
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Post-election violence and governance in Kenya : the rise and fall of the Truth, Justice, and Reconciliation Commission (TJRC) / ケニアにおける選挙後の暴力と統治:真実正義和解委員会(TJRC)の興亡 / ケニア ニオケル センキョゴ ノ ボウリョク ト トウチ : シンジツ セイギ ワカイ イインカイ TJRC ノ コウボウ室仁 多日帝, David Muroni 19 September 2020 (has links)
この論文は、ケニアの選挙後の暴力の年表に焦点を当てています。それがどのように始まり、頂点に達し、減少、そして再発を探ります。ケニアで2008年に創設された真実、正義、和解委員会は、独立後35年間の過去の人権不正と不正行為を文書化に行なった。複数の要因が組み合わされ、複数政党の大統領選挙で暴力を引き起こします。政府が問題の一部であるため、委員会による良心的な最終報告書と勧告は保留中です。 / This thesis focuses on the chronology of post-election violence in Kenya. It explores how it started, peaked, faded, and returned. The Truth, Justice, and Reconciliation Commission created in 2008 in Kenya documents 35 years of past human rights injustices and malpractices from independence in 1963. Multiple factors combine and trigger violence in multiparty presidential elections. The conscientious final reports and recommendations by the Commission remain in limbo as the government is part of the problem. Unequally shared land resources and a grave presidential contest cause post-election violence. Empowering the Supreme Court is a necessity for fair justice. / 博士(グローバル社会研究) / Doctor of Philosophy in Global Society Studies / 同志社大学 / Doshisha University
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Framing the Victim: Gender, Representation and Recognition in Post-Conflict PeruHealy, Lynn Marie January 2015 (has links)
No description available.
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[en] NATIONAL COMMISSION OF TRUTH, ART AND PUBLIC INTERVENTION / [pt] COMISSÃO NACIONAL DA VERDADE, ARTE E INTERVENÇÃO PÚBLICAALINE JOBIM E SOUZA 10 July 2018 (has links)
[pt] A dissertação Comissão Nacional da Verdade, Arte e Intervenção Pública pretende estabelecer um diálogo entre design / comunicação visual, arte política e história do período ditatorial no Brasil, tendo como base empírica o Relatório da CNV (especificamente o Volume III: Mortos e Desaparecidos Políticos). A partir da análise do Relatório da Comissão Nacional da Verdade, criamos oficinas de estratégias de comunicação visual no âmbito da intervenção no espaço público, com a participação de jovens na faixa etária de 18 a 22 anos. Nessa pesquisa de campo, a metodologia desenvolvida propõe-se a provocar um debate ético e estético com o público alvo. O processo criativo desenvolvido com os alunos de graduação em design da disciplina de Linguagem e Comunicação Visual II, ministrada pela professora Simone Formiga - 2017.1 - PUC-Rio, proporcionou a construção de narrativas imagéticas sobre questões morais relativas às gravíssimas violações de direitos humanos deflagradas pelo regime ditatorial e expostas no Relatório. Ou seja, a partir dos conteúdos discursivos gerados nesta disciplina, desenvolvemos narrativas visuais ocupando o espaço público, com a finalidade de provocar questionamentos e reflexões na população acerca das vítimas do período do regime militar brasileiro. / [en] The dissertation National Commission of Truth, Art and Public Intervention intends to establish a dialogue between design - visual language -, political art and history of the dictatorial period in Brazil, with empirical basis on the CNV Report (specifically Volume III: Political Dead and Disappeared). Analyzing the work of the National Commission of Truth, we created workshops on visual communication strategies in the framework of artistic intervention in public space, with the participation of a group aged from 18 to 22 years. In the field research, the methodology developed aims to provoke an ethical and aesthetic debate with the target audience. The creative process developed with the undergraduate design students at Language and Visual Communication II discipline, given by Professor Simone Formiga - 2017.1 - PUC-Rio, provided the construction of imaginative narratives on moral issues about the severe violations of human rights triggered by the dictatorial period and exposed in the documents of the National Commission of Truth. So, from the discursive contents generated in this discipline, we developed visual narratives occupying the public space, with the purpose of provoking questions and reflections about the victims of the Brazilian military coup.
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