September 2018 - August 2019
Study Mode Full-time
Application start 20 November 2017
Application end 10 August 2018
Application end (with scholarship) 31 January 2018
Module 1 - The Legal, Ethical and Conceptual Frameworks of Transitional Justice / Module 2 - Human Rights and the Rule of Law in Transitional Contexts / Module 3 - Institutional Reform and the Rule of Law / Module 4 - Transformative Justice, Development and Economic, Social and Cultural Rights / Module 5 - Criminal Justice / Module 6 - Transitional Justice in Practice
How do systematic violations of economic, social and cultural rights (ESCR) contribute to conflicts? Should transitional justice address questions of poverty, systematic inequality and discrimination, or should it be limited to political and civil rights violations, such as enforced disappearances and torture? In what ways does recognition of ESCR contribute to transformative social, economic and cultural development objectives in post-conflict communities and societies? What challenges arise in the implementation of ESCR in transitional justice environments? This course examines the complex relationship between ESCR and transitional justice from a socio-legal perspective, with an emphasis on the implementation and monitoring of ESCR in transitional settings. National and international mechanisms for the protection and promotion of ESCR are presented. The question of rights to land and other natural resources in post-conflict societies is examined through an in-depth analysis of the situation in selected countries.
Transformative justice responds to the needs of both victims and societies, with their complex demands and cleavages. It could thus also be referred to as ‘integral justice’, in that it is integrated or holistic, and inclusive in looking at the interconnected and overlapping needs of society as a whole as well as of individuals with different experiences during conflict and transition. Often, transitional justice approaches only address the legal and political dimensions of justice. They overlook the deeper sources of division in society and the suffering of victims emanating from underlying social, cultural or environmental injustices that remain invisible, unarticulated and unaddressed in most cases. This course thus leads students to re-examine the concept of justice and prepare themselves, whether as scholars, practitioners or policy-makers, for the process of rebuilding peace with justice in diverse contemporary societies in political transition.
This course introduces students to the multiple dilemmas for human rights and democratic governance that arise from cultural and identity claims raised by vulnerable groups in divided societies. Indigenous peoples, linguistic minorities and ethnic communities, among others, typically claim a wide range of group-differentiated rights or accommodations in order to protect their specific cultures, overcome a history of abuse, and attain a higher level of equality vis-à-vis the larger majority. Over the last decade, the discussion on how to accommodate such claims has become prominent in the growing literature on transitional justice and development. Managing diversity surely remains a challenge in all democratic societies; yet, this task is especially acute in divided societies that need to confront a legacy of past injustices, which continue to damage inter-group relations and pose a significant threat to the success of political and social reforms. Finding legitimate institutional responses to such challenges under the real constraints imposed by societal fragility is thus crucial. This course traces the main lines of these debates with a view to identifying different approaches to managing diversity in divided societies and their implications for human rights, democratic governance and political justice.