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Transformative Justice: Remedying Human Rights Violations Beyond Transition


ISBN13: 9780815375623
Published: June 2018
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £135.00



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Transitional justice mechanisms employed in post-conflict and post-authoritarian contexts have largely focused upon individual violations of a narrow set of civil and political rights, as well as the provision of legal and quasi-legal remedies, such as truth commissions, amnesties and prosecutions. In contrast, this book highlights the significance of structural violence in producing and reproducing rights violations.

The book further argues that, in order to remedy structural violations of human rights, there is a need to utilise a different toolkit from that typically employed in transitional justice contexts. The book sets out and applies a definition of transformative justice as expanding upon, and providing an alternative to, transitional justice. Focusing on a comparative study of social movements, nongovernmental organisations and trade unions working on land and housing rights in South Africa, and their network relationships, the book argues that networks of this kind make an important contribution to processes advancing transformative justice. Providing an opportunity for affected communities to articulate their concerns over socioeconomic rights issues, such networks provide a vital means by which existing structures and practices may be contested.

Subjects:
Human Rights and Civil Liberties
Contents:
Table of contents
Lists of tables and figures
Preface
Acknowledgements
List of abbreviations

Introduction
Introduction
Background and context
Transitional justice and transformative justice in South Africa
Land and housing
Advocacy networks
Action taken by networks
Structure, composition, capacity and resources
Positioning of NGOs, trade unions and social movements in South Africa
Aims and objectives of the book
Themes
Focus
Political responsibility
Research design
Case study research
Limits of case study research
The case study in this book
Case selection and purpose
Research strategy
Research tools and methods
Use of sociograms
Scope and contribution of the study
Structure of the book
References

Structural violence, socioeconomic rights and transformative justice
Introduction
Structural violence and shortcomings of transitional justice
Structural violence
Critique of transitional justice
Defining transformative justice
Applying concepts to the case study of South Africa
Relevant actors and relationships for a transformative approach
Conclusion
References

Network relationships, existing ties and opportunities
Introduction
The case study network
Interpreting data on network relationships
Mapping the network diagrammatically
Interrogating assumptions from the literature
Boomerangs and spirals
Framing, expertise and venue shopping
Key findings from mapping the network
What kinds of ties already exist?
The Housing Assembly
The Poor People’s Alliance
Ties between both clusters
What threats to and opportunities for more effective collaboration exist?
Specific characteristics of trade unions
Capacity and resources of social movements and community based organisations
Personalities, politics and organisational governance
Shared rhetorical commitments
Conclusion
References

Threats, limitations and political responsibilities in the network
Introduction
The Housing Assembly and the Poor People’s Alliance
Dividing political arenas
Agenda setting and strategy building
Raising and allocating financial resources
Information
Formalisation of relationships
Transformative justice and political responsibilities of the network
Dividing political arenas
Agenda setting and strategy building
Raising and allocating financial resources
Information
Formalisation of relationships
Conclusion
References

Transformative justice processes, policies and practice
Introduction
The scope for transformative justice policies, practices and processes in South Africa
Lessons for understanding the potential for transformative justice policies and practices
Mapping participation in the case study network
Relationships within the case study network
Evaluating political responsibility of the case study network
Conclusion
Processes of transformative justice
Outcomes and resources
Political responsibility and transformative justice
References

Conclusion
Introduction
The importance of power and of political responsibilities
Lessons for research and practice
Key contributions of the book
What this book does not do
Concluding remarks
References
INDEX