Search Results

You are looking at 1 - 10 of 14 items for :

  • All content x
Clear All
Restricted access

Rianna Oelofsen

Commission (TRC) as an example of an Afro-communitarian understanding of justice. Next I discuss an objection, articulated by Mahmood Mamdani, that reconciliation as understood in the TRC is in fact a denial of justice. Mamdani’s alternative account of

Restricted access

Patrick Lenta

The following paper is a discussion of justice as a sign in transition, a sign whose meanings in post-apartheid South Africa must be legitimated by appeal to conditions radically different from those that prevailed under apartheid. I wish to explore the nature of the transformation of justice from the context of apartheid to emergent postapartheid conditions and to do so by focusing on the Truth and Reconciliation Commission (the TRC) as an example of what can be called ‘transitional justice’. A common view of the TRC is that its rules for the implementation of amnesty and other related matters should be evaluated in the light of ‘ideal types’ of justice. The TRC must fall short of such ideal types, since its offer of qualified amnesty to perpetrators of gross human rights violations in exchange for complete honesty about such violations will be understood as an exigency which dispenses with a crucial feature of justice, namely retribution.

Restricted access

Kevin Hopkins and Christopher Roederer

In trying to come to grips with what is involved in righting the wrongs of apartheid, we begin by pointing out unique challenges posed by societies in transition. It is our position that the pursuit of justice is not the same in transitional contexts as it is in stable democracies. As we shall see, the transitional domain throws up several non-standard obstacles in the way of fulfilling the imperatives of justice. After this introduction to justice in transitions we will look more closely at the relationship between justice and law in the context of political transformation generally, and the specific relationship between justice and international human rights law in this transformative process. Thereafter we will address the pursuit of justice in respect of both apartheid’s perpetrators as well as its victims—the discussion will, however, be limited to the liability of those who fall outside the scope of the Truth and Reconciliation Commission’s (TRC) mandate. In that regard, we will deal with violations of rights not specifically covered by the TRC: odious apartheid debt owed to international legal entities; other debt incurred by the apartheid state to private money-lending institutions; the violation of international labour standards in the apartheid state; and the unjust enrichment of foreign corporations at the expense of black South Africans.

Free access

“Like Alice, I was Brave”

The Girl in the Text in Olemaun’s Residential School Narratives

Roxanne Harde

(and, therefore, an agent of decolonization), and it seems no accident that they were published during the years that Canada’s Truth and Reconciliation Commission (TRC) convened. The picturebooks were published after the chapter books; the first of them

Restricted access

Mino-Mnaamodzawin

Achieving Indigenous Environmental Justice in Canada

Deborah McGregor

frameworks) requires reconciliation beyond the human dimension to include “relationships with the Earth and all living beings” ( TRC 2015: 122 ). As Indigenous legal traditions begin to receive greater attention in Canada and elsewhere, these traditions may

Restricted access

Adopting a Resistance Lens

An Exploration of Power and Legitimacy in Transitional Justice

Julie Bernath and Sandra Rubli

Burundi, the Arusha Peace and Reconciliation Agreement signed in 2000 foresees a Truth and Reconciliation Commission (TRC) as well as an International Judicial Commission of Inquiry to be followed by an international criminal tribunal investigating acts of

Restricted access

Perspectives from the Ground

Colonial Bureaucratic Violence, Identity, and Transitional Justice in Canada

Jaymelee J. Kim

for further monetary compensation, funding for the Aboriginal Healing Foundation, and the national Truth and Reconciliation Commission (TRC). Furthermore, the TRC oversaw national events, reported findings, and established a national research center

Free access

Dustin William Louie

multifaceted systemic issues oppressing Indigenous women. Truth and reconciliation with non-Indigenous Canadians is imperative to shift and remedy the sexualized perspective of Indigenous femininity ( TRC 2015 ). Moreover, potential johns and predators who

Restricted access

Laughter in the Ghetto

Cabarets from a Concentration Camp

Lisa Peschel

Holocaust and the Churches, Hearing the Voices: Teaching the Holocaust to Future Generations, http://www.holocaust-trc.org/humor-in-the-holocaust (accessed 27 September 2015); Chaya Ostrower, It Kept Us Alive: Humour in the Holocaust (Jerusalem: Yad

Restricted access

Contradictions of Solidarity

Whiteness, Settler Coloniality, and the Mainstream Environmental Movement

Joe Curnow and Anjali Helferty

racialized relations of power, which call on people from dominant groups to work alongside those in marginalized groups to redress violence and dispossession. Post Truth and Reconciliation Commission ( TRC 2015 ), we can see how the politics of reconciliation