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Abu-Nimer, Mohammed. Reconciliation, Justice, and Coexistence: Theory & Practice

While researchers and practitioners in general have focused more on the prenegotiation and negotiation phases of response to conflict, less focus has been placed on the postsettlement reconstruction phase. In recent years however, the focus of research and practice has begun to expand to include postconflict conditions and processes. An essential element in this postsettlement phase concerns the parties’ ability to reconcile and reconstruct a new relationship. Much has been written on justice and forgiveness, particularly from theological and philosophical perspectives, yet comparatively little research has been done on ideas and processes of justice, reconciliation, and coexistence. This book, therefore, consists of a number of essays intended to advance the state of knowledge on concepts and practices related to reconciliation, justice, and coexistence. The book is organized into two main parts. The essays in Part I focus on the theoretical framework for reconciliation in peacebuilding. The essays in Part II focus on practices related to reconciliation, justice, and coexistence in areas of conflict; these essays highlight case studies from around the world (e.g., South Africa, Ghana, Northern Ireland, and Cambodia). Contributors represent much of the pioneering work being done by scholars and practitioners in the field of peacebuilding.

Borer, Tristan Anne. Telling the Truths: Truth Telling and Peace Building in Post-Conflict Societies

Confronting the past has become an established norm for countries undergoing transitions from violence to peace, from authoritarianism to democracy, or both. This book draws from two bodies of literature – peacebuilding and transitional justice – to examine whether truth-telling mechanisms can contribute to sustainable peace and, if so, how and under what conditions. The authors approach these questions by examining whether truth telling contributes to the following elements, all of which are deemed to be constitutive of sustainable peace: reconciliation, human rights, gender equity, restorative justice, the rule of law, the mitigation of violence, and the healing of trauma. (publisher’s description).

Bowen, John. The Search for New Sources of Legitimacy in Indonesia after Suharto

After an aborted communist coup in 1965 in Indonesia, General Suharto came to power in 1966-1967. This led to a period of violence and mass human rights violations in Indonesia. Over the decades a certain stability and growth also occurred, but accompanying them were political oppression and corruption. Suharto's rule ended in 1998 after protests and violence against his regime. This has led to more unrest, violence, and human rights violations in Indonesia. As John Bowen comments, Indonesia after Suharto seems plagued by both a massive failure of social order and a severe crisis of political legitimacy. The two are linked for, despite Suharto's slogan of a "New Order," he failed, among other things, to create a legitimate and effective legal system. Against this background, Bowen explores current debates within Indonesia about the legitimacy of various legal and political responses to the crisis. Proposed responses include tribunals to deal with crimes under Suharto, reforms in the justice system, and a devolution of power to local authorities. Bowen pays particular attention to potential tensions between two types of demands: one for a more effective and impartial nation-wide legal system; and the other for greater regional autonomy and recognition of ethnic and religious communities' rights.

Chandler, David. Coming to Terms with the Terror and History of Pol Pot's Cambodia (1975-79).

In this essay I will be dealing with a key institution of Democratic Kampuchea (DK) which encapsulated the terror that suffused the regime and was intimately connected with DK’s triumphalist notions of history. I’’ also discuss the ways in which recent Cambodian history has been imagined and altered by successive regimes. I’ll examine how induced memories, followed by induced amnesia, can play havoc with attempts to assemble and interpret historic data, to say nothing of efforts to achieve reconciliation or closure. These manipulations of history, which form a part of Cambodian political culture, impede the search for justice that continues to elude millions of survivors of the Pol Pot era. (excerpt)

Krishnan, Loganathan. Is Restorative Justice Able To Deal With Land Grievances Of Indigenous Peoples? A Case Of Malaysia

The World Wide Fund for Nature described indigenous people as the earth's most focal stewards. There are 300 million indigenous people in the world and approximately 100,000 in Malaysia. The term 'Indigenous people' is contentious and guaranteeing their rights is a thorny issue. They live a distinctive lifestyle, a tradition, which involves a vivid history. In today's epoch, they live with a certain amount of expectation from the government of the day. Expectation is deeply embedded in their blood in relation to their rights to land matters. They have a special relationship with their land, imbued with spirituality and sacredness. It forms a footing for social, economic, cultural structure and system. They often perceive it as something irretrievably transmitted to them through birthright. But, the ultra modern humanity has been a major threat to their rights. When land is appropriated it affects their traditional subsistence, land management and medicinal practices. In some instances they were encouraged to dump their nomadic life and progress to modern life. In Malaysia, the governing legislation is the Aboriginal Peoples Act 1954. Its provisions, applicability, effect and operation would be analysed together with the current restorative justice measures as to whether the existing framework are a panacea for land grievances of the indigenous people. An analysis would be made as to type of restorative justice models that may be adopted to deal with their grievances. A study is also carried out as to the viability of international restorative justice measures or system to deal with their grievances. Nevertheless, the perplexing issue is, should restorative justice measures be looked from the eye of the indigenous people or the spectacle of the government. There must be a plea for radical changes in laws and policies protecting aboriginal people. Abstract courtesy of the Centre for Justice and Peace Development, Massey University, http://justpeace.massey.ac.nz.

Lambourne, Wendy. "The pursuit of justice and reconciliation: Responding to genocide in Cambodia and Rwanda."

In this paper Lambourne explores the pursuit of justice and reconciliation in response to situations involving genocide, with particular emphasis on Cambodia and Rwanda. She begins by detailing the development of an international human rights regime following World War II. This regime consists, for example, of declarations and treaties through the United Nations and through regional agreements. Nevertheless, millions have been killed or traumatized by genocide and crimes against humanity. In this context, Lambourne contends that justice and reconciliation are critical in post-conflict peacebuildng. To advance her argument, she discusses the meanings of justice and reconciliation, as well as accountability mechanisms (e.g., international tribunals and truth commissions). She then examines the conflict and post-conflict periods in Cambodia and Rwanda in light of these issues.

Neto, Félix and Mullet, Etienne and Da Conceiçao Pinto, Maria and Neto, Félix. "Intergroup Forgiveness: East Timorese and Angolan Perspectives"

The present study is a survey on intergroup forgiveness conducted among people from East Timor and Angola, most of whom have been personally touched by the various conflicts affecting their countries. Only one of the two aspects of intergroup forgiveness was assessed: granting forgiveness. A sample of 354 East Timorese adults was presented with a questionnaire addressing the meaningfulness of intergroup forgiveness and possible conceptions about granting intergroup forgiveness. Using exploratory factor analysis, an eight-factor model was derived from the participants’ responses. Using confirmatory factor analysis, this model was subsequently tested on a sample of 250 Angolan adults. In both samples, a large majority of participants agreed with the idea that a group of people can forgive another group of people. Furthermore, the model derived from the East Timorese data also fitted the data from the Angolan sample: in both samples, the participants appeared to have articulated conceptions on what could define an intergroup granting of forgiveness. Specifically, a majority of participants agreed with the idea that (a) the aim of this process is reconciliation and that intergroup forgiveness is not strictly conditional on adequate reparation or compensation, and (b) this process must be democratic; in other words, granting forgiveness should be decided by a majority, and only then could forgiveness be granted on behalf of the whole community.

Neto, Félix and Mullet, Etienne and Pinto, Concienção and Mullet, Etienne. Seeking forgiveness in an intergroup context: Angolan, Guinean, Mozambican, and East Timorese perspectives.

Forgiveness is a key concept in many governance and responsive regulation issues. The notion of intergroup forgiveness was examined among people from four countries: Angola, Guinea- Bissau, Mozambique, and East Timor. Nine hundred and eighty-five adults who had suffered from the many conflicts in their areas, either personally or through injuries inflicted on members of their family, agreed to participate in a study that was specifically about seeking intergroup forgiveness. In all four countries, most participants of the study agreed with the ideas that (i) seeking intergroup forgiveness makes sense; (ii) the seeking process must be a popular, democratic, and public process, not a secret elite negotiation; (iii) the process must be initiated and conducted by people in charge politically, not by dissident factions; and (iv) the process is aimed at reconciliation, not at humiliating the group requesting forgiveness. Differences between the four countries were found regarding the extent to which (i) international organizations may be involved in the process; (ii) the demand must include the former perpetrators; and (iii) emotions and material compensation are ingredients in the process.(authors' abstract)

Peacemaking in Indonesia

In 1999, Duane Ruth-Heffelbower took a leave of absence from his graduate faculty position at Fresno Pacific University’s Center for Peacemaking and Conflict Studies to accept an invitation to join the faculty of Duta Wacana Christian University (UKDW) in Yogyakarta, Indonesia under an appointment from the Mennonite Central Committee.

Philpott, Daniel. The Politics of Past Evil: Religion, Reconciliation, and the Dilemmas of Transitional Justice

What unfolds in the following pages, then, is a conversation about how theology and politics are related in the theory and practice of reconciliation, situated in the context of transitional states. What place does reconciliation have in the politics of transition? What are the warrants for it? Four theorists, two theologians and two philosophers draw explicitly from theological perspectives in answering these questions. The answers are fresh angles in today’s debate. Our conversation, though, also recognizes that reconciliation’s credibility as an approach to politics depends not only on a theoretical foundation but also on an account of its place in the tug and haul of actual political transition. Two political scientists and a historian, all sympathetic to the theological perspectives, then chart the path of reconciliation, sometimes torturous, sometimes propitious, in South Africa, Northern Ireland, Argentina, and Germany. The divide between the two sorts of inquiry is not neat. The theorists are cognizant of contemporary political transitions; the empirically oriented scholars are theoretically conscious. Explicating theological warrants, mapping the texture of actual political transitions, echoing debates within these transitions, our conversation addresses a wide variety of interlocutors, both scholarly and generalist, both with and without theological commitments. (excerpt)

Ruth-Heffelbower, Duane. Indonesia: Restorative Justice for Healing a Divided Society

The modern Restorative Justice (RJ) movement began in North America as an approach to crime, and in New Zealand as an approach to child welfare issues. Both were based on the communal experience familiar to villagers worldwide. Societies which cannot afford to lock up those who violate societal norms have traditionally used restorative methods to return people to productive life in the community. Over the past 20 years or so certain principles of restorative justice have been recognized. These principles have been applied to criminal behavior, child welfare, school discipline, personnel management, and other areas of human interaction. In this paper the author explores the use of these principles for healing a large and deeply divided society, the country of Indonesia. The paper uses theory developed through years of practical application, and examines current efforts to apply the principles to various aspects of Indonesia's crises.

Stahn, Carsten. Accommodating Individual Criminal Responsibility and National Reconciliation: The UN Truth Commission for East Timor

In both the distant past and the near past, the population of East Timor has suffered severe human rights violation. Carsten Stahn sketches the history of those violations at the outset of this paper. The most recent episode occurred in the latter quarter of the twentieth century following Indonesiaxe2x80x99s invasion and occupation of East Timor, especially following a 1999 UN-organized referendum on independence from Indonesia. In 2001 the United Nations Transitional Administration in East Timor (UNTAET) established the Commission for Reception, Truth and Reconciliation (CRTR). The aim was to promote national reconciliation and healing. As Stahn explains, the creation of CRTR fit with the increasing use and refinement of such mechanisms for dealing with past injustices and assisting with transitional nation-building. In this context, Stahn examines the general features of the CRTR and the East Timorese justice and reconciliation model.

von Benda-Beckmann, Keebet. Law, Violence and Peace Making on the Island of Ambon

The island of Ambon is in Molucca province in Indonesia. In January 1999 a fight occurred between a Christian taxi driver and a Muslim youth or youths. While similar fights were not uncommon, they usually cooled down soon. This one did not; rather the fight led to wider conflict. Thus began a long period of intense ethnic-religious fighting and rioting that became a virtual civil war, with much destruction of property and loss of life across Ambon and a set of neighboring islands. Many have attempted to establish peace and a measure of reconciliation. These include religious leaders (both Christian and Moslem), local leaders, influential intellectuals, and high politicians. None have succeeded as of yet. In this context, Keebet von Benda-Beckmann surveys the peace-making process. Admittedly this is speculative, as peace has not been established. Yet von Benda-Beckmann aims in this chapter to contribute to understanding the causes of the conflict and the strengths and challenges of the ongoing peace process in Ambon.