Social reconciliation or social implosion 20 oct 2011

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National ReconciliationTransitional Justice

Rights and Accountabilityin Sri Lanka

Lionel Bopage

20 October 2011

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National Reconciliation, Transitional Justice, Rights and Accountability in Sri Lanka

1. Transitional justice• Women• Reconcilaition

2. Process of reconciliation

3. The United Nations role

4. Situation in Sri Lanka• Human Rights• Accountability

5. Conclusion

Outline

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Transitional JusticeSchools of thought

• Legalist- international law is central

• Realist- leave choice with the state in the interests of democracy and stability

• Strategic legalist- trials not mandatory- social objectives beyond individual punishment

• Political realist- formalised justice destabilising, undemocratic and impediment to peace- only a bargaining chip to barter for a better settlement

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Transitional Justice

State obligations under international law

• establish the fate of victims

• identify perpetrators

• provide compensation to victims

• take affirmative measures to prevent non-repetition, and

• prosecute and punish those found guilty

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Transitional Justice

Women• Violence continues despite transition• Opportunity for empowerment• But a moment of retrenchment

Reconciliation• transitional justice:

- promotes reconciliation and psychological healing- Fosters respect for human rights and the rule of law and- helps establish conditions for a peaceful and democratically

governed country

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Process of reconciliation

Negative peace• Absence of tension

Positive peace• Presence of justice

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Process of reconciliation

Confession and Apology

Commitment and Absolution

The ultimate goal of reconciliation is attainment of durable peace, with respect for the human rights of everyone in that society. The interactive keys for success of reconciliation through the commission process are the willingness of all parties to speak the truth, the willingness of the survivors to forgive and the willingness of the commission members to balance reconciliation with justice.

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The United Nations

Resolution 61/17.2 of the UN General Assemblyresolved that:reconciliation processes are particularly necessary and urgent in countries and regions of the world, which have suffered, or are suffering, situations of conflict that have affected and divided societies in their various internal, national and international facets.

It also affirmed that:dialogue among opponents from positions of respect and tolerance is an essential element of peace and reconciliation … [and] that truth and justice are indispensable elements for the attainment of reconciliation and lasting peace.

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Situation in Sri Lanka

1. War crimes

2. Delivery of Justice, equity and fairness

3. Violence and the LLRC

4. Human rights

5. Accountability

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Situation in Sri Lanka

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Conclusion

1. Lowest ebb of relationships

2. Absolution, reconciliation and amnesty

3. A united Sri Lanka

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Thank you!


Social reconciliation or social implosion 20 oct 2011

Leadership & Management

Transcript of Social reconciliation or social implosion 20 oct 2011