Transition and JusticeNegotiating the Terms of New Beginnings in Africa
Development and Change Special Issues 1. Aufl.
Transition and Justice examines a series of cases from across the African continent where peaceful ‘new beginnings’ were declared after periods of violence and where transitional justice institutions helped define justice and the new socio-political order. Offers a new perspective on transition and justice in Africa transcending the institutional limits of transitional justice Covers a wide range of situations, and presents a broad range of sites where past injustices are addressed Examines cases where peaceful ‘new beginnings’ have been declared after periods of violence Addresses fundamental questions about transitions and justice in societies characterized by a high degree of external involvement and internal fragmentation
Notes on Contributors vii 1 Transition and Justice: An Introduction 1Gerhard Anders and Olaf Zenker 2 Making Good Citizens from Bad Life in Post-Genocide Rwanda 21Simon Turner 3 Performing Repatriation? The Role of Refugee Aid in Shaping New Beginnings in Mauritania 41Marion Fresia 4 Conflicting Logics of Exceptionality: New Beginnings and the Problem of Police Violence in Post-Apartheid South Africa 65Steffen Jensen 5 The 2011 Toilet Wars in South Africa: Justice and Transition between the Exceptional and the Everyday after Apartheid 85Steven Robins 6 New Law against an Old State: Land Restitution as a Transition to Justice in Post-Apartheid South Africa? 113Olaf Zenker 7 Transitional Justice, States of Emergency and Business as Usual in Sierra Leone 135Gerhard Anders 8 ‘When we Walk Out, What was it all About?’: Views on New Beginnings from within the International Criminal Tribunal for Rwanda 153Nigel Eltringham 9 New Start or False Start? The ICC and Electoral Violence in Kenya 175Sabine H¨ohn 10 Justice without Peace? International Justice and Conflict Resolution in Northern Uganda 199Kimberley Armstrong 11 The Violence of Peace: Ethnojustice in Northern Uganda 219Adam Branch Index 241
Gerhard Anders is lecturer at the Centre of African Studies, University of Edinburgh. He has conducted research on the implementation of the good governance agenda, international criminal justice and transitional justice in Africa. He is co-editor of Corruption and the Secret of Law: A Legal Anthropological Perspective (2007) and author of In the Shadow of Good Governance: An Ethnography of Civil Service Reform in Africa (2010). Olaf Zenker is Junior Professor at the Institute of Social and Cultural Anthropology, Freie Universität Berlin. He has done research on Irish language revivalism and ethnicity in Northern Ireland and currently studies the moral modernity of the new South African state in the context of its land restitution process. He is the author of Irish/ness Is All Around Us: Language Revivalism and the Culture of Ethnic Identity in Northern Ireland (2013) and co-editor of The State and the Paradox of Customary Law in Africa (2015).
Since the end of the Cold War, political new beginnings in Africa have increasingly been linked to questions of transitional justice. Since the establishment of the South African truth commission and the international tribunal in Arusha, the continent has been central in debates about how to deal with past injustices and achieve political transition. This book examines a series of cases where peaceful ‘new beginnings’ have been declared after periods of violence and where transitional justice institutions played a role in defining justice and the new socio-political order. Covering Uganda, Rwanda, South Africa, Kenya, Sierra Leone and Mauritania, the book focuses on three issues that are key to understanding ‘new beginnings’: the problem of finding a foundation for that which explicitly breaks with the past; the discrepancies between lofty promises and the chaotic realities of transitional justice in action; and the dialectic between logics of the exception and the ordinary, employed to legitimize or resist transitional justice mechanisms. With contributions from an international array of leading scholars, from South Africa, Europe, USA and Canada, this timely publication is invaluable in understanding the many complex issues associated with transitional justice in Africa.
‘Transition and Justice offers a useful and timely resource on the diversity of transitional justice in Africa, now the central regional focus of eclectic transitional justice initiatives. More than that, the book's strength lies in its interdisciplinary approach to the field more generally. The collection brings a fresh and welcome approach to the field. It identifies three dialectics: 'new beginnings / past', 'lofty ambition / messy reality', and 'exceptional / ordinary' providing a valuable framing of current difficulties with both the theory and practice of transitional justice. It is an excellent book whose appeal goes well beyond those interested in Africa. I strongly recommend it to anyone interested in questions of justice and peacebuilding in and beyond Africa, whatever their discipline.’ — Christine Bell, Professor of Constitutional Law, University of Edinburgh, UK, author of On the Law of Peace: Peace Agreements and Lex Pacificatoria ‘This superb collection of essays on transitional justice in Africa subjects the conventional language of new beginnings after a period of violence in Africa to rigorous scrutiny. The contributions to Transition and Justice: Negotiating the Terms of New Beginnings in Africa demonstrate the value of fine-grained empirical and ethnographic studies of international justice and aid mechanisms, documenting the continuities with the violent past, and highlighting the discrepancy between the elevated ideals of international humanitarian institutions and the actual justice practices on the ground. The volume is required reading for anyone seeking a deeper understanding of the complex interactions between an international transitional justice agenda and local culture and conceptions of justice.’ — Richard Ashby Wilson, Professor of Anthropology and Law, University of Connecticut, USA, author of Writing History in International Criminal Trials
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