Masculinity and Transitional Justice

The latest copy of the International Journal of Transitional Justice is just out and it focuses on gender and transitional justice. The issue was guest edited by Judge Navanethem Pillay of the International Criminal Court and former President of the International Criminal Tribunal for Rwanda. I have an essay published in the journal entitled: 'Masculinity and Transitional Justice: An exploratory essay". If you would like a copy of the article send me an email, or the Table of Contents of the journal to get see all the articles in it.

Tips for riding a Zumanami

There is no doubt Thabo Mbeki was hit by a ‘Zumanami’ at the African National Congress (ANC) conference. He was trounced by Jacob Zuma, who seized the mantle of ANC president. The story is great reading, containing sleaze and power politics. Not since 1994 has so much been written about South Africa. I am not even sure whether I should weigh in on the debate.

But, as I sit staring at my screen, I am inevitably drawn back to the overanalysed story as surely as a jolly smiling fat bloke will always defeat a dull, short and grumpy technocrat when it comes down to a popularity contest (especially at Christmas).

On reflection, the whole affair was poetic (if you were not Mbeki). It was a magnificent demonstration of democracy with the people (well, ANC members) and the underdog winning the day. In an instant, Mbeki crumbled. Suddenly he seemed feeble, nattering on for two hours to a crowd who were not listening but sharpening their voting pencils, ready to make their fateful mark. And, indeed, a mark was made on history.

Zuma, the populist, the come-back kid, and an earthy soldier from the grass roots, has made it to the pinnacle of power (well, almost). He is seemingly destined to be the next South African President. Corruption charges and being acquitted of rape have propelled him forward and added wind to his people-powered sails.

So is this how we like our politicians these days? Fallible but personable? With a weakness for making dodgy friends, but indestructible? Four weddings down and still no funerals? Or is Zuma’s triumph merely a protest vote against the waBenzi – that Mercedes-Benz-driving new elite?

However, unlike fairy tales that end happily ever after, this story still has more pages to burn. Will Zuma shrug off corruption charges? Will Mbeki supporters roll over? And how long until the masses notice that Zuma himself probably has a Merc, if not a fleet? Who knows?

What I do know is that the event received massive international coverage. And, as in South Africa, reviews were mixed. International newspapers such as the New York Times and the UK Financial Times hailed it as a cautious triumph for democracy. The UK Guardian was more sceptical, asking whether South Africa deserved “a better choice than a dubious populist as its leader”.

But what is certain is that South Africa did not collapse with Zuma’s victory as some predicted. Even the rand managed to hold firm. Is this is a sign that politics does not really matter any more and that South Africa is just becoming another boring democracy? Or, as the Financial Times noted, is it because there is no need to worry (if you are a big shot financial investor, that is) because, despite the rhetoric, Zuma “is no radical left winger”.

So the Zumanami has come and gone. On one level, it seems radical. Yet, on another, as the waters subside, I am left feeling the process may be similar to that of a flood. Although a deluge can change everything in its path once the water recedes, people tend to build their houses in the same place. Will that much change?

Any prediction is doomed to failure, it seems. It is like gambling on whether global warming will or will not eventually result in floods sinking New York. Mbeki’s undoing was his remarkable ability to deny the impact of issues such as crime to HIV on ordinary people’s lives. Is a little compassion and affability all that the masses need? I suspect not.

So, JZ, my friend, you had better start waxing your surfboard. It is one thing stirring up a tidal wave, but surfing on the crest for a few years while trying to outwit the anticorruption squad and building several million houses at the same time is another matter.

This article by Brandon Hamber was published on Polity and in the Engineering News on 18 January 2008 as part of the column "Look South". Copyright Brandon Hamber.

Contribute to Conflict Trends

The African Centre for the Constructive Resolution of Disputes (ACCORD) is presently soliciting contributions for Conflict Trends 2008, Issue 1. This General Issue will cover a range of topics related to Africa (conflict, conflict resolution, peace, security and development, politics, specific regional and/or country case-studies/analyses etc). It is a more open-ended Issue and contributors are encouraged to submit articles on any topics of interest.Articles must be 2500-3000 words in length, and the deadline for the submission of the complete article is 15 February 2008.Should you wish to submit an article for publication consideration in this issue please refer to the Guidelines for Contributors on their website.

Handbook on Reparations launched

I have been meaning to post this for ages but last year (or maybe the year before), the International Center for Transitional Justice (ICTJ) launched its Handbook on Reparations edited by Pablo de Greiff. The ICTJ press statement "announced its global launch of The Handbook of Reparations, a groundbreaking collection of essays analyzing massive reparations programs for victims of human rights violations published by Oxford University Press. Over the coming month, events in The Hague, Brussels, Geneva, and New York will publicize and celebrate this tremendous accomplishment, reaffirming the Center’s deep commitment to working on reparations programs all over the world as an integral part of its holistic approach to transitional justice. At more than 1000 pages, this comprehensive study is the result of more than three years of intensive international and interdisciplinary research and the collaborative work of 27 authors from 14 countries. Written from a transitional justice perspective, the book employs a unique approach in examining national reparations programs by analyzing the experiences, needs, and impacts on victims". To read my chapter Narrowing the Micro and Macro: A Psychological Perspective on Reparations in Societies in Transition, email me and I will send you a copy. To find out more on the book click here, US or UK.

ICTJ New York Transitional Justice Essentials Course

ICTJ New York Transitional Justice Essentials Course 2008 is now taking appllications. Applications are due no later than January 14, 2008. Decisions on these applications will be communicated by January 25, 2008. The New York City-based Essentials Course is run by International Center for Transitional Justice (ICTJ) in partnership with New York University's School of Law. The course will be held from 25-27 February, 2008 at the beautiful Greentree Estate, an exclusive venue with 400 acres of rolling hills, gardens and woodlands on the outskirts of New York City. The course is intended for mid-career and senior staff of multilateral agencies, governments, NGOs, foundations, and universities who wish to undertake an intensive course on cutting-edge developments in this important and expanding field. For more details click here.

Truth recovery: In principle where do you stand?

Just News: CAJ Newsletter, 3 January 2008

The question of how Northern Ireland deals with its past has become commonplace. This mainstreaming marks a major shift. A few years ago the question itself was off limits. That said, exactly how the society should deal with its past remains unclear. Some still favour “drawing a line” under it.

Last year the Consultative Panel on the Past was set up by the British government to provide a way forward on the dealing with the past. Questions remain whether it is the best vehicle to answer these questions, nonetheless work has begun with most adopting a "wait and see" attitude.

Recently the Panel burst into public view with controversies about whether amnesty should be granted and if the conflicts of the past should be labelled a ‘war’ or not. Although this is a strange place for the discussion to start, it belies wider questions. In terms of amnesty, what compromises will be needed to deal with the past? And for the "war" question, how should the extent of the conflict be acknowledged and whose actions were legitimate?

This is not to say that nothing has been happening on the dealing with the past front. There have been many inquiries; cases before the European Court of Human Rights; and there is the Historical Enquiries Team. At the civil society level, the Healing Through Remembering initiative has made a significant contribution. The project, which has members from all different political perspectives, has presented options for truth recovery, hosted a Day of Reflection, considered methods such as storytelling and provided ideas for a living memorial museum.

Photo by Clay Banks / Unsplash

So Northern Ireland is, at least to a degree, engaged in a process of dealing with the past. The bigger question is whether more is needed and how structured this should be. But this question in itself creates apprehension. Some fear any method of dealing with the past will be a republican Trojan Horse to put the British state in the dock. Others fear no one will “come clean” especially paramilitaries and the two governments. There are also those that fear truth is damaging and will destroy the peace process. The question of whether justice will be done for past violations also remains critical, especially for some victims. Many worry that any method for dealing with the past that is not judicial will extinguish hopes of justice.

Working with Healing Through Remembering over the years, and through my own research, I have heard all these arguments (and others) on countless occasions. What is interesting about them from the international perspective is that they are also the arguments used by other countries when arguing for a structured approach to dealing with the past, especially a truth commission.

I have heard people from Liberia to Peru argue for a truth commission because they fear that if nothing is done one version of the past will dominate history. If all accounts of the past are put on the table, all will come out tarnished, even those who think everything they did was correct. Similarly, if no one wants to “come clean” then an independent body with powers such as search, subpoena and seizure should be put in place to investigate the past. Those who do not cooperate, including the state, should be labelled as such. Some victims also voice the need for alternative mechanisms to courts because courts often fail to deliver justice, especially en masse. And finally, contrary to the view that the truth is damaging, many argue that if the truth about the past does not come out, it will pollute the future.

So where does this leave the larger questions about the past in Northern Ireland? 

For me it highlights how people are better at articulating why the past should be avoided rather that why it should be confronted. What is at the heart of this resistance?

All that can be surmised is that no one is clear whether their view of history and their actions will be vindicated. To this end, one critical question needs to be answered: is truth about past violations a right? Do we think knowing about the past from all sides, including paramilitaries, the two governments, as well as institutions that shaped the past from churches to the media, is important in principle? If so, then surely the next step is not to list all the reasons this will never be possible, but rather to ask how society can ensure truth can be delivered in a way that has political and social backing, independence and integrity.

Reference: Hamber, B. (2008). Truth recovery: In principle where do you stand? Just News: CAJ Newsletter, January, 3.