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Lessons from Transitional Justice Lessons from Transitional Justice

Lessons from Transitional Justice - PowerPoint Presentation

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Lessons from Transitional Justice - PPT Presentation

Professor Patricia Lundy IRELAND Historic Child Abuse InquiriesReviews Ryan 2009 McAleese 2012 Commission of Inquiry Mother amp Baby Homes current HIA Inquiry Report Jan 2017 ID: 575499

amp redress mass survivors redress amp survivors mass truth reparations victims commission analysis baby

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Slide1

Lessons from Transitional Justice

Professor Patricia LundySlide2

IRELAND: Historic Child Abuse

Inquiries/Reviews:

Ryan

(2009), McAleese (2012), Commission of Inquiry Mother & Baby

Homes

(current

);

HIA Inquiry (Report Jan 2017)

Redress:

Industrial

Schools & Magdalene

Laundries; redress recommended N. Ireland.

Remain unresolved issues:

exclusions; illegal adoptions not addressed; revelations mass grave containing remains of up to 800

babies/ infants (Mother & Baby Home, Galway)Slide3

Large scale & systemic abuse

Transitional justice

dominant

international

framework

for redressing mass

harm

T

ransition

from

conflict to peace/ authoritarianism

to

democracy; fragile political arena; constraints

Four pillars; prosecutions, truth-seeking, reparations, reform

Victims/survivors are centre stage; participationSlide4

Victims right to know, ‘truth’ & justice

Give voice, testimony, tell ‘their story’

Silence, secrecy, denial, cover-up

Recognition, vindication, restore

dignity, healing, ‘closure

Acknowledge a contested or denied past/ struggle over memory

WHY TRUTH COMMISSION?

Survivors perspectiveSlide5

Macro

analysis: patterns,

policies

Context,

causes, consequences

Myth

busting, authoritative record, can’t denyMichael Ignatieff, "narrow the range of permissible lies”Not a blue print; must be country specific

WHY TRUTH COMMISSION

?Slide6

TJ Scope & BoundsCanada TRC (State level)

Indian Residential Schools

Redress SettlementSlide7

US Greensboro TRC community level

‘Bottom-up’ TJ

Ku Klux Klan & Union protest clashed –

5 people killed and 10 injuredSlide8

Spain – after Franco regime – ‘pact of silence’

Decades later campaign to excavate mass graves in Spain

Illegal adoptions legacy dark past; unresolved

Next generation seek ‘justice’/ ‘truth’

Won’t go awaySlide9

Reparations are the most victim-centred of all TJ measures. Because they address victims' needs

Redress can be

material

or

symbolic

: compensation, apology, memorial, support services

Key point - decisions on redress are made elsewhereReparations/ RedressSlide10

State’s inaction/ survivors fragmented

The Panel of Experts on Redress: survivor groups,

Amnesty

Int

,

academics, lawyers, experts local/ inter

Survivor-led processProcess - empowermentWhat do survivors want from redress?

Slide11

Wide consultation with survivors

Litigation

deeply

unsatisfactory

Out-of-court-settlement

‘Bottom up’ TJSlide12

Published

3 Reports

1. What survivors want from redress

2. Compensation Framework

3. Cost Analysis

4. Negotiating

Team; ‘equality of arms’5. Caution over-eulogisingSlide13
Slide14

The

point is not merely to understand the world, but to change

it.