Rethinking Transitions

This volume contributes thoughtful and rigorous research to the fundamental question how to apply truth, justice, reparations and institutional reform to fundamental – and often ancestral – inequalities in each transitional society.
Gaby Oré Aguilar, Felipe Gómez Isa
Series on Transitional Justice
book | published | 1st edition
July 2011 | xiv + 330 pp.



ISBN 9781780680033

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ISBN 9781839700743

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“Transitional Justice initiatives have long been criticized for an allegedly narrow focus on gross and consistent violations of fundamental civil and political rights and not enough attention to abuse of economic, social and cultural rights. But the problem is not whether but how to apply truth, justice, reparations and institutional reform to fundamental – and often ancestral – inequalities in each transitional society. This volume contributes thoughtful and rigorous research to that fundamental question. It constitutes a challenge to the way transitional justice is executed in our time, but also a tribute to the power of the idea that there are indeed concrete and practical means to realize the idea of justice in societies emerging from conflict.”
Juan E. Méndez, former President at the International Center for Transitional Justice and UN Special Rapporteur on Torture

“Each country facing a past of human rights violations has its own cultural and political history. Each has to find its own unique path to reconciliation and peace. This interdisciplinary volume demonstrates that yet in all cases, tackling social injustice and inequality is a prerequisite for lasting peace. I highly recommend this book to anyone interested in finding appropriate solutions to the problems facing countries in transition".
Richard J. Goldstone, former Justice of the Constitutional Court of South Africa and former First Chief Prosecutor of the UN International Criminal Tribunals for the former Yugoslavia and Rwanda

“This is an important book. Models of transitional justice thus far have largely failed to reflect the subtleties of gender, diversity and intersecting discrimination that must be made central to the process. This book analyses those failures from the experience of those who have the greatest stake in making the transition work and provides those with responsibility for design and implementation with important approaches as to how improvement can be made.”
Madeleine Rees, Secretary General, Women's International League for Peace and Freedom, former head of the Women's Rights and Gender Unit of the United Nations Office of the High Commissioner for Human Rights (OHCHR) and head of the Field Office of the OHCHR in Bosnia.

About the authors
Felipe Gómez Isa is Professor of Public International Law at the Institute of Human Rights of the University of Deusto (Bilbao), and has worked on a wide range of human rights issues, social justice and indigenous peoples' rights. He has also focused on transitional justice processes in countries such as Guatemala, Colombia or Spain.

Gaby Oré Aguilar is a human rights lawyer with an extensive experience on gender justice and economic and social rights issues. She worked in national and international NGOs and social justice philanthropy organizations in transitional countries in the Andean Region of Latin America. She is currently Program Director with the Center for Economic and Social Rights.

Table of Contents

Table of Contents (p. 0)

Introduction (p. 1)

Gaby Oré Aguilar, Felipe Gómez Isa

Addressing Horizontal Inequalities in Post-Conflict Reconstruction (p. 11)

A Critique of Rights in Transitional Justice: The African Experience (p. 31)

Gender Equality and Women’s Human Rights in Conflict Situations: Evolving Perspectives (p. 47)

Women in the Sri Lankan Peace rocess: Included but Unequal (p. 67)

Horizontal Inequalities in Post-Conflict Reconstruction: Guatemala and Nepal (p. 101)

Asserting Women’s Economic and Social Rights in Transitions (p. 123)

Gaby Oré Aguilar

Exploitation of Natural Resources in Conflict Situations: The Colombian Case (p. 171)

Indigenous Peoples and Peace Agreements: Transforming Relationships or Empty Rhetoric? (p. 207)

Gender in Post-Conflict Reconstruction Processes in Africa (p. 231)

Repairing Historical Injustices: Indigenous Peoples in Post-Conflict Scenarios (p. 265)

Felipe Gómez Isa

Privatising the Use of Force: Accountability and Implications for Local Communities (p. 301)

About the Authors (p. 327)

Open access content

Parts of this book have been made open access. We make chapters open access because they are particularly topical, or provide a useful introduction to the subject. They may be available for a limited time or indefinitely. Some books are entirely and permanently open access.

Table of Contents (p. 0)
About the Authors (p. 327)

About the series:

Series on Transitional Justice

Countries emerging from long periods of authoritarian rule must often confront a legacy of gross human rights abuses perpetrated over many years. During the past two decades, these age-old issues have been termed “problems of transitional justice”, both by academics and policy makers around the world. Given the frequency with which these problems arise, as well as the complexity of the issues involved, it is striking that no book series has taken the issue of transitional justice as its point of focus.

The Series on Transitional Justice offers a platform for high-quality research within the rapidly growing field of transitional justice. This research is, of necessity, inter-disciplinary in nature, drawing from disciplines such as law, political science, history, sociology, criminology, anthropology and psychology, as well as from various specialised fields of study such as human rights, victimology and peace studies. It is furthermore international in outlook, drawing on the knowledge and experience of academics and other specialists in many different regions of the world.

The series is aimed at a variety of audiences who are either working or interested in fields such as crime and justice; human rights; humanitarian law and human security; conflict resolution and peace building. These audiences may include academics, researchers, students, policy makers, practitioners, non-governmental organisations and the media.

Editorial board:
- Prof. Stephan Parmentier (University of Leuven, Belgium)
- Prof. Jeremy Sarkin (NOVA University of Lisbon School of Law, Portugal) and
- Dr. Mina Rauschenbach (Université de Lausanne, Switzerland and University of Leuven, Belgium)

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