
The Justice Visions podcast is hosted by the Human Rights Centre of Ghent University. The podcast showcases cutting-edge research and practice regarding victim participation in transitional justice.
Jan 30, 2023
In May 2022, Ferdinand ‘Bong Bong’ Marcos, the son of former dictator Ferdinand Marcos won the presidential elections in the Philippines. The vice-presidential elections were won by Sara Duterte, daughter of the former authoritarian president Rodrigo Duterte.
What does the election of the son of a former dictator tell us about the Philippines’ transitional justice process? What to make of the historical revisionism that facilitated this electoral outcome, in light of transitional justice’s concern with truth and memorialization?
The episode highlights that, while many activists and justice actors were initially focusing on the recovering the ill-gotten wealth of the Marcoses, and later on fighting the extra-judicial killings happening as part of Duterte’s violent war-on-drugs, an entire campaign aimed at erasing the violence and crimes perpetrated by the Marcos family from the public discourse was shaping up under the surface.
The interviews underline the impact of this of historical revisionism and the difficulty in combatting it in a context where there was never a widely shared and state-sanctioned historical narrative about the violence and economic crimes perpetrated by the Marcos regime. In the absence of a formal truth commission or institutionalized memorialization efforts, developing a shared understanding of the violence that transpired has been difficult. At the same time, the current campaign of historical revisionism, while commonly being traced to the Marcos family, is mostly being waged on social media platforms in a highly decentralized manner, making it difficult to develop an encompassing strategy to counter it.
Is transitional justice powerless in the face of such a reality, or can innovations and creative approaches adequately respond to this situation and maybe even open up avenues for rethinking truth and memorialization efforts in other transitional justice contexts?
In this episode of Justice Visions, we talk to Ruben Carranza of the International Center for Transitional Justice, and to Chuck Crisanto, of the Philippine Memorial Commission about what to make of this situation if we look at it through the lens of transitional justice.
00:34:14
Dec 21, 2022
The new episode of the Justice Visions podcast is last episode of the miniseries on historical truth-seeking initiatives in the (post-)colonial state. Recently, Europe has experienced a boom of state-led and informal initiatives to address the legacies of the colonial past and its enduring harms in the present. In this episode we zoom out from the particular truth initiatives in European countries, to discuss some of the overarching topics and themes crossing across the episodes of this series.
Our guest is Dr Olivia Umurerwa Rutazibwa, an assistant Professor in Human Rights and Politics at the London School of Economics. We talk about the capacities of historical truth-seeking initiatives to contribute to the decolonisation project, accountability, and ultimately contribute to social change. As Olivia highlights, despite the formal decolonisation processes, “there is a continuity in colonial violence that's embedded in many of our institutions”. The change that we should be aspire for is one that tackles the colonial status quo and dismantles colonial power dynamics.
One of the central questions of our conversation is how historical truth can contribute to the decolonial project? Olivia stresses the need to framing historical truth initiatives within a decolonising strategy or approach. This would mean questioning the points of origin assigned to the history we are transmitting; questions of silencing and desilencing. Who gets to speak and who is systematically silenced? The decolonial approach is very much about the explicit in Olivia’s perspective, “about the extent to which you see your project either contributing to the status quo or actively be against it”.
With the increased use of the transitional justice framework to think about historical injustice, Olivia argues that the question is not whether transitional justice “is the right thing or not”, but rather is about “the meaning that we give to it and how vigilant we are in how the language and the practises of it contribute to the status quo or not”.
00:22:20
Nov 17, 2022
The new episode of the Justice Visions podcast expands on historical truth-seeking initiatives in the (post-)colonial state. In this miniseries co-hosted by postdoctoral research fellow Dr. Cira Pallí-Asperó, we look into formal and informal truth initiatives in European countries dealing with settler and overseas colonial legacies. In this episode, we zoom in on Portugal to discuss decolonisation in a context of explicit glorification of the imperial and colonial past. What kind of initiatives have been taken place? Led by who and for which purpose?
Our guest is Dr. Bruno Sena Martins, researcher at the Centre for Social Studies at the University of Coimbra. First and foremost, he stresses, the anti-colonial struggle is not something of the past: “it is a mission for this generation to (…) decolonize the present and to decolonize Europe”. In Portugal, critical consciousness about the colonial past has only recently been shaping up in the public debate with the establishment of different initiatives led by civil society organisations and by minority groups of people of African descent, with a significant role of academia.
Dr. Bruno Sena Martins talks about what kind of openings and opportunities have been created to address the legacies of the Portuguese colonial past; and how civil society organisations have been advocating to redress issues of inequality, recognition, social, racial, and historical justice. “This is a movement where different people, different actors claim that it is important to look at the past in a critical perspective. It is important to acknowledge that the colonial violence is still with us”.
00:21:05
Oct 27, 2022
A new Justice Visions miniseries on historical truth-seeking initiatives in the (post-)colonial state, will look into formal and informal truth initiatives in European countries dealing with settler and overseas colonial legacies. In this miniseries co-hosted by Dr. Cira Pallí-Asperó, we pick up on some of these debates to explore how different actors are engaging in truth-seeking initiatives and what this means for the domain of transitional justice.
In this episode, we talk with Dr. Malin Arvidsson, a commissioner at the Swedish Truth and Reconciliation Commission for Tornedalians, Kvens and Lantalaiset, about a number of state-sanctioned historical truth-seeking initiatives that have taken place in the Scandinavian context. The goal of these commissions was to examine the impact that assimilation policies of the Scandinavian welfare states had on indigenous peoples in those countries.
The colonial past is a corrosive component in the relations between the former colonizing powers and their colonial subjects, particularly over issues of historical responsibility of recognition and redress of colonial injustices. Although the demands to redress historical injustices linked to colonialism are not new; since the Black Lives Matters movement took over the streets in 2020, they have taken a renewed spotlight in the public and political debate.
Within this framework, the transitional justice paradigm is increasingly being used to think about historical injustices, as historical truth-seeking initiatives within the post-colonial context (both formal and informal) are increasingly using the logic and rhetoric of transitional justice; for instance, by systematically referring to its core objectives in their mandates (i.e., truth, accountability, reparation, non-recurrence). But how are these transferred to the post-colonial context? and what are the implications thereof?
As Malin points out, this raises key questions: “(…) if you talk about historical injustices in this long-time perspective, what are even the actors that we are looking at, because for example, the state and the Church of Sweden has an intertwined history.” Awaiting the results of this ongoing process, one of the main contributions foreseen is building a strong archive that is essential for follow up by policy makers, civil society: “what will remain is an archive of interviews, research reports (…) that have been commissioned by the commission that can serve as a basis for further advocacy and claims-making.”
00:21:00
Sep 30, 2022
Reparations are a key mechanism to redress violations of international law. They are mostly conceived within state-like frameworks and related to measures administered by states. Yet, violence has increasingly shifted away from states to non-state actors such as armed groups. In a new Justice Visions podcast episode, we talk with Katharine Fortin (Netherlands Institute of Human Rights) and Luke Moffett (Queen's University) about the need to broaden the conversation about engaging armed groups and encouraging them to remedy the harm they have caused.
Currently, around 60 to 80 million people are living under the control of armed groups. In their practices, armed groups are increasingly taking on public ‘semi-government’ functions, using the law and employing judicial processes. These practices pose new challenges and questions for the International Criminal Court, as Katharine argues: “Is armed group law, law? Are armed group courts, courts?” and if they are, “should the international community be asking armed groups to investigate if a particular violation has taken place?” Yet, within the human rights framework it is still controversial to engage with armed groups. Can we somehow hold them accountable through the mechanisms they employ, and broaden the conversation about how to deal with the violence and harm they cause?
These are crucial questions, as the existence of armed groups is part of the reality in many post-conflict societies. Using the example of Northern-Ireland, Luke point to the ongoing existence of armed groups, even 25 years after the peace process. In Northern Ireland about 13.000 people, amounting to one out of a hundred adults are currently members of armed groups. Yet, Luke posits that armed actors could also be approached as potential community leaders and peace-builders, with a view to protecting civilians. “It comes down to how do people act and interact as victims, civil society and armed groups in these situations. Where in transitional justice we are often are looking at post-conflict cases and post-authoritarian governments, in these situations it’s protracted conflict, it’s re-emerging conflicts, fragile societies where there is real insecurity for victims to come out and speak out. How do we better protect and allow people to access some sort of remedy without causing disadvantages for them?”
00:25:43
Aug 30, 2022
The Syrian conflict has underlined some of the weaknesses of the international justice system: the lack of formal justice avenues has left victims of international crimes largely in the cold. Conversely, this stalemate has also led to a transnational justice scene, arising from creative and innovative Syrian and international justice initiatives. This last Syria podcast episode sheds a light on some of the pitfalls and achievements that could inform justice actors in other conflicts.
While local civil society’s efforts to document crimes and collect evidence are remarkable, Mohammad Al Abdallah, director of the Syria Justice and Accountability Centre (SJAC) is pessimistic about their outcome. Mr. Al Abadallah fears that as long as there are no domestic justice processes, accountability would fail to achieve its goals. Nonetheless, he is adamant about the importance of credible, authentic documentation: “to help justice processes in the future to start on the right footing. The second thing is to take any available interim steps and use them to the extent possible.”
Within this context, the work of the International, Impartial and Independent Mechanism to assist in the investigation and prosecution of persons responsible for the most serious crimes under International Law committed in the Syrian Arab Republic since March 2011 (IIIM), is vital. Its head, Catherine Marchi-Uhel, argues that a two-way communication with Syrian civil society actors is key for this UN entity that acts as a repository and conducts structural investigations into crimes. Ms. Marchi-Uhel interprets the mandate of this justice catalyst “as encompassing support to forms of justice broader than criminal justice. And the search for missing persons is an obvious component of that.”
The rich and stimulating conversations we had through this podcast mini-series on justice efforts for Syria remind us that transitional justice concepts and initiatives cannot work without innovation and creativity. Justice Visions and Impunity Watch hope that these conversations will inspire justice actors in other contexts and encourage them to think outside of the so-called “toolbox”.
00:34:59
Jul 14, 2022
Syrian victim and survivor groups have been increasingly active in informal transitional justice processes. They assert their political agency and demonstrate that survivors and victims are the key stakeholders in justice initiatives. This episode zooms in on the origin of victims’ activism and some main break-throughs.
Victims and their families felt that international efforts were almost nonexistent or failed to meet their demands. Christalla Yakinthou, a scholar of transitional justice at Birmingham university, argues that in response to this stalemate, Syrian victims’ groups started to emerge around 2016. “In that dual context of the escalation of violence and the feeling that the international community wasn’t going to do anything, there was this emerging sense of what can we do for ourselves?” The moment was ripe for the establishment of groups that assist victims and propose concrete solutions to their justice needs, such as finding out the fate of the disappeared and the missing.
Within this context, in 2021 five victim groups launched the Truth and Justice Charter, in which they set out their short-term and long-term justice perspectives. Yasmen Almashan, of the Caesar Families Association -one of the Charter groups- explains: “justice paths are usually long. But there are urgent needs and necessities for us as families that must be prioritized. These are an immediate halt to torture, inhuman treatment, and sexual crimes in detention centers and prisons, revealing the fate of the forcibly disappeared, and returning the remains of those killed.”
These efforts have not gone unnoticed internationally. Riyad Avlar of the Association of Detainees and the Missing in Sednaya Prison upholds that victim groups proved to the international community that victims have the potential to propose and lead initiatives that meet their needs. “The most important issue that we are currently working on as victims’ groups is a mechanism for missing persons in Syria. The mechanism must be international, this is crucial.”
Even if victim groups managed to create their own spaces for activism and impose their participation, they carry a huge burden on their shoulders. Agency comes with a cost, as Hiba al-Hamed of the Coalition of Families of persons Kidnapped by ISIS explains. “It is not easy, remembering every time these sad stories, talking about our beloved ones and mentioning personal details.” Their struggle and the realization that the road is long, weighs heavy. “But our voices at least are heard and nothing is imposed on us,” Hiba argues.
00:34:31
Jun 30, 2022
As a central institution of the Assad’s regime’s system of governance, the prison is aimed at destroying political subjects in Syria. Mass imprisonment has a devastating impact on Syrian society.
Despite its omnipresence, an overview of this gulag or system of prisons spread all over the country, was lacking so far. Determined to fill that gap, researchers Uğur Ümit Üngör and Jaber Baker published The Syrian Gulag, Assad’s Prisons, 1970-2020. They looked among others into the intelligence agencies that operate, according to Uğur, like a vacuum cleaner. “They penetrate into society and extract people from it. Then they process these human beings by subjecting them to violent treatment, to torture and other forms of interrogation, and keep them in these prisons for a while.” As Jaber highlights, this prison system has enormous physical, psychological, social and economic consequences. “There are hundreds of missing persons in the darkness of this gulag and no one knows anything about them. This breaks up families.”
Imprisonment is a national trauma that has left its traces in the cultural domain, generating a huge body of prison narratives. In her research project SYRASP, Anne-Marie McManus relates the functions of these narratives in the domain of among others literature, cinema and visual arts to different verbs: knowing, remembering and feeling; not only as a form of remembrance but also as political contestation. “I think actually one of the major goals of the prison field today is to articulate a new meaning, or a set of meanings around imprisonment and enforced disappearance.”
00:33:01
May 31, 2022
The new episode of the Justice Visions and Impunity Watch mini-series on justice efforts for Syrians deals with truth-seeking and the potential of artistic practices. In the absence of an official truth-seeking mechanism, Syrian NGOs and victim groups are increasingly turning to truth-seeking to address pressing justice needs. We explore the quest for the truth with Sema Nassar, Laila Kiki and Mohammad al-Attar who shed a light on truth-seeking efforts, the role of artistic practices and how arts can offer a parallel process to justice efforts.
Syrian human rights defender Sema Nassar constantly hears the same despairing question: “We want to know what happened. What is the fate of my son or daughter?” Currently, the families of over 100.000 forcibly missing and disappeared in Syria are deprived of that kind of information. Illustrating the case of the Douma Four human rights defenders, Sema insists that revealing the fate of the missing and disappeared is one of the priorities: “Whether they want to pursue accountability or if this truth satisfies them and they can reconcile with it one way or another, or even if they want to find compensation: the first step before anything is knowing the truth.”
Truth-seeking is a difficult endeavour in any case, and even more so in an ongoing conflict that is marked by uncertainty over facts and evidence. In contexts like these, artistic practices can offer more complex understandings of truth. Director of the Syria Campaign Laila Kiki, for example, believes that art and culture can reflect the diverse experiences of the survivors and victims. She gives the example of the Freedom Bus, a bus covered with pictures of missing loved ones that toured Europe, aiming to make their absence visible. It became also a symbol of comfort. “To many Syrians, it became a place for physical gathering in the diaspora, not only for the 100,000 families who have loved ones disappeared in Syria, but also for the movement for justice.”
Playwright Mohammad al-Attar considers arts as a parallel process to justice efforts, that allows to combine documentary with fiction, to start with real references and real protagonists, but to also appeal to the imagination. He believes that in a situation like in Syria, where the tragedy is still ongoing, arts can “create spaces where you can discuss these difficult topics with more ease, with more freedom, with less tension, with less polarization.”
00:36:09
Apr 29, 2022
In this new episode of this mini-series on justice efforts for Syrians by Justice Visions and Impunity Watch, we critically examine criminal accountability efforts. Since the start of the al-Khatib trial in April 2020, the first one involving Syrian state torture, criminal proceedings have dominated the justice debate. Patrick Krocker (ECCHR), Anwar al-Bunni (SCLSR) and Veronica Bellintani (SDLP) shed light on the impact of criminal accountability, the central role of victims and the need to complement criminal proceedings by other efforts.
Syrian lawyer Anwar al-Bunni insists that we cannot overestimate the importance of trials under universal jurisdiction, especially as the conflict is ongoing. “The most important thing is to send a message to the perpetrators that there is no room for impunity in Syria's future, to prevent such crimes from happening in the future and not give perpetrators a sense of security that allows them to commit crimes, whether in Syria or elsewhere.” In this respect, the transnational cooperation between Syrian lawyers, civil society groups and international NGOs was key: it demonstrated that while most avenues are closed and realpolitik reigns, justice is not impossible.
As a lawyer on behalf of the victim plaintiffs at the al-Khatib trial, Patrick Krocker witnessed first-hand how this trial created a momentum for international justice. While the road ahead is long, he is cautiously optimistic: “there are a lot of prosecutors and investigators that have very deep knowledge of the situation in Syria, that have gathered tons of evidence. I think that the genuine motivation that this evidence is there and should be used is going to stay.”
Closely observing the criminal proceedings and the prominent role of victim groups, Veronica Bellintani notes that criminal accountability should not be seen as a superior form of justice, and that victims’ perspectives should be central. “After the al-Khatib trial there was a lot of conversation about which other perpetrators should we look for: high level perpetrators, low-level perpetrators? Should we file more complaints? And I think that the conversation should have been more about: how can we make sure that our next justice efforts, our next litigation proceedings are done together with survivors?”
00:34:06
Mar 29, 2022
In this new mini-series, Justice Visions podcast teams up with Impunity Watch to tell the story of Syrian justice actors’ struggle to unlock the road to justice. Through interviews with practitioners, Brigitte Herremans, Habib Nassar and Mohammed Abdullah will debate justice efforts for Syrians in the domain of accountability, documentation, victim’s activism and truth-seeking.
00:35:40
Feb 21, 2022
Historical commissions are not a new phenomenon. The rise and popularity of the historical commission model took place throughout the nineties and early two-thousands – coinciding with the end of the Cold War – when professional historians took a new interest in engaging with the politics of the past. However, they have been increasingly framed as instances of transitional justice; and this is new. This paradigm shift has been particularly noticeable within consolidated democracies, where post-colonial states are increasingly facing pressures to come to terms with the legacies of their violent pasts.
In this episode, Prof. Tine Destrooper speaks with Dr. Cira Palli-Aspero, postdoctoral research fellow with Justice Visions, and Dr. Alexander Karn, from Colgate University, to explore the link between historical commissions and transitional justice, when these operate in consolidated democracies. We take a conceptual approach to first talk about how these commissions operate and what are their normative objectives; and second, to explore what are the implications of framing these historical commissions in consolidated democracies as instances of transitional justice, and especially the implications for the field of transitional justice.
“…what the historical commissions may help the field of transitional justice to understand is that you do not have sort of hard and fast dates that can be used to cleanly bracket injustice. There needs to be a willingness to think about how the conditions of injustice evolved and what legacies the injustice leaves going forward” – Alexander Karn.
Alexander Karn is Associate Professor of History and Peace and Conflict Studies at Colgate University (NY, USA). He has worked extensively on the politics of history in contemporary societies, on understanding historical dialogue and justice in transitional regimes and established democracies, and on the role of historical commissions in conflict mediation and reconciliation. He is the author of Amending the Past: Europe’s Holocaust Commissions and the Right to History (University of Wisconsin Press, 2015) and co-editor (with Elazar Barkan) of Taking Wrongs Seriously: Apologies and Reconciliation (Stanford University Press, 2006). Since 2014, he has been a member of the steering committee for the Historical Dialogues, Justice, and Memory Research Network (www.historicaldialogues.org).
00:28:28
Jan 31, 2022
Why should we talk about youth participation in transitional justice? How can we theorize youth contributions to the field of transitional justice? From the anti-apartheid movement in South Africa to the range of student movements in South America, historically, youth have participated in protests for social and political change challenging impunity; addressing legacies of brutal regimes, and advancing an acknowledgment of dignity and respect for rights—all of which can be perceived as bottom-up contributions to transitional justice. However, despite their contributions to transitional justice, youth remain marginalized in literature and policy debates or are given only a limited and predetermined space to engage.
In this episode, we zoom in on this topic in the Democratic Republic of Congo (DRC), where there is ongoing momentum for the possibility of developing a national strategy on transitional justice. This impetus draws from the expressed interest of President Felix Tshisekedi in 2020 to deal with the brutal legacies of past and ongoing Congo conflicts. We explore the concept of 'collective participation,' which is understood as group mobilization in claimed spaces, and how it can help us understand youth participation in transitional justice in the DRC.
Prof Tine Destrooper speaks with Christian Cirhigiri, Ph.D. researcher with Justice Visions, and Henry-Pacifique Mayala, a member of LUCHA, a youth movement created in 2012 in Goma which espouses the transitional justice discourse to demand State accountability for everyday political and socio-economic violations affecting the masses.
“ … Another important challenge is the political leader's perceptions of the country's youth, rather than being considered as partners and collaborators at some points back in the years we were even assimilated to terrorist groups. Several of our comrades were sent to prison for years on zero rational basis.” Henry-Pacifique Mayala.
00:21:01
Dec 16, 2021
What do we mean when we talk about victim-participation? How do we conceptualize the notion of participation in transitional justice so we can study or even evaluate it? In this episode, Justice Visions colleagues Gretel Mejía Bonifazi and Elke Evrard address these theoretical questions and connect them to the struggle of the COCOP community, an Ixil community in the Guatemalan Highlands seeking truth, justice and redress for a state-led massacre during the armed conflict.
First, we outline why an actor-oriented approach is needed to shed light on the participatory ‘trajectories’ of survivors throughout an ‘ecosystem’ of transitional justice spaces and moments. Then, our interviewees Juan Cobo Brito and Juana Santiago Cedillo share reflections from their own participation trajectory, drawing our attention to the importance of exploring participants’ identities and interests, the different spaces they navigate, the temporalities of participation and alternative ways of thinking about impact or outcomes.
Juan Cobo Brito
“… what we have is strength, we have made the effort, we are worthy, our lives, have worth and we are going to demand it. […] Because we have to preserve our memories, our stories.”
Juan is the current Vice-President of the COCOP Victim Committee. He was severely injured during the COCOP massacre and later forced to become part of the Civil Defense Patrols.
Juana Santiago Cedillo
“… that they see our, our conflict, that they see the problems that we face, why did we lose our families? That they recognize it, that is the only thing, the only thing I demand is justice.”
Juana is a survivor of the COCOP massacre, who after many years of living in Guatemala City, returned to Nebaj to actively seek redress for the crimes committed against her and her family.
To learn more about the community and their struggle, you can read the report “COCOP: Crónicas del genocidio” or listen to the moving song “Los mártires de COCOP” which is part of the Songs of Resistance Compilation.
Voice over: Mauro Morales and Ana Paula Oxom
00:27:35
Nov 17, 2021
In this episode we reflect on the Chilean transitional justice process and questions related to time and timing. Firstly, we zoom in on the concept of temporality, which refers to the lived experience of time. Secondly, we take a closer look at the implementation and sequencing of the Chilean transitional justice process and the consequences of this temporal organization for victims of human rights violations.
Our two guests, Noemí Baeza and Haydee Oberreuter, talk about the return of memories during the social protest movement that erupted in Chile in 2019, the timing of the Chilean truth commissions and the imposition of a law that was established with the second truth commission (The “Valech Commission” in 2003), imposing effectively 50 years of silence. A law that, according to Haydee Oberreuter, victims’ never asked for and severely limited access to truth and justice.
Highlighting the experiences of Haydee and Noemí, both survivors of political detention and torture, the episode demonstrates unfulfilled promises of the Chilean transition and the daily consequences of overlooking the needs of victim/survivors.
Haydee Oberreuter
“the imposition of 50 years of silence. 50 years of silence that prevented our testimonies from being known by the courts.”
“And the courts work at the speed of a turtle, that thinks and thinks what it is going to do. It is delaying and thereby facilitating the installation of impunity at a rate that is convenient exclusively to the violators of human rights.”
Noemí Baeza worked as a teacher and social worker and is a survivor of political detention and torture. She returned to Chile in 1984 after 10 years of exile in the Netherlands.
Haydee Oberreuter is one of the leaders of the Comando Unitario de Ex Prisioneros Políticos y Familiares and spokesperson of the NGO Derechos en Común. She is a survivor of political detention and torture.
Voice over: Gretel Mejía Bonifazi
Audio fragment protests: Daniela Zubicueta
00:28:11
Oct 29, 2021
"There was this tsunami of truths"
- Antjie Krog
In 1995, South Africa installed a Truth and Reconciliation commission to address the legacy of Apartheid. The commission has received a lot of criticism, for its failure to provide reparations, its amnesty policy, and several other reasons. Yet, it has also been an important factor in shaping how we think about past injustice, as well as shaping how we think about truth.
In this episode we talk with Antjie Krog, a South African journalist, writer and poet whose writings often reflect on elements related to truth and redress for victims. Her seminal work of literary non-fiction Country of My Skull addressed the Truth and Reconciliation commission's hearings.
In her nuanced reflections, she acknowledges the failings of this Commission, and truth commissions more generally, but also states that "I can't imagine the country without it. Even those who cut themselves off from what is happening there, it has reached them in a way".
We talk with her about how the work of the truth and reconciliation commission has sometimes been complemented with narrative and literary efforts to engage with the concept of truth and justice, and examine where the two can meet. "I do not think literature can do the work that a truth commission did. Literature can look afterwards, and literature should work before."
00:31:33
Sep 24, 2021
When the Syrian uprising started in 2011, justice and accountability were key demands of the protest movement. Civil society activists and international stakeholders embraced the transitional justice paradigm to accompany the hoped-for transition. However, the Assad regime’s policies of annihilation crushed the uprising and led to a civil war, with an increasing number of perpetrators of crimes. While states failed to provide a meaningful response, Syrian and international stakeholders continue to pursue justice in a situation where impunity seems the norm.
In this episode, Brigitte Herremans makes the case for opening the ‘justice imagination’, stretching the boundaries of what is imaginable in terms of justice. She sheds a light on how justice actors try to overcome the justice impasse, notably with regard to the crimes of forcible disappearances and kidnappings. Brigitte also shares insights from an article she co-authored with Tine Destrooper, exploring the concepts of invisibilization and erasure of experiences of Syrian victims. To demonstrate how these crimes are foregrounded concretely, Brigitte spoke to Maryam al-Hallak and Yasmin Fedda.
Maryam is a founding member of the Caesar Families Association, gathering families who identified missing relatives through a collection of photographs known as the Caesar Files. Her son Ayham was forcibly disappeared and killed by the regime, and she never retrieved his body. Yasmin Fedda is a Palestinian-Syrian filmmaker who lectures at Queen Mary University of London. She directed the documentary Ayouni, chronicling the story of media activist Bassel Safadi and Italian priest Paolo, who are respectively disappeared and executed by the regime and kidnapped by ISIS. Maryam and Yasmin share some of the complexities of this quest and highlight the importance of making sure these crimes are not forgotten.
00:30:15
Jul 08, 2021
The German recognition of the genocide in Namibia
In June, Germany officially recognized the genocide against the Herero and Nama people of 1904-1908, acknowledging the responsibility of the German colonial authorities in Namibia and offering a reparation of 1,1 billion euros. Nama and Herero people were deliberately targeted under German colonization, resulting in tens of thousands of deaths (estimates go as far as 80% of the Herero and Nama minorities), confiscation of land and livestock, and inhumane treatment.
In this episode, we talk with Professor Reinhart Kößler and Mrs. Ida Hoffmann to understand what triggered the German recognition of the genocide, how it has been received by various actors concerned, and whether and how these questions are relevant for the expanding field of transitional justice. While the UN officially recognized this genocide already back in 1985, Germany only lately started using this language. As Professor Kößler argues, "the German official language really skirted around that word genocide for a very long time when it came to Namibia and the German past as a colonial power in general. They even went to great length to avoid talking about genocide."
Justice is still a long way ahead, insists Mrs. Hoffmann. "This is not justice because all of the sudden, the two governments are talking now today. The majority of the Nama people are not there, the traditional leaders. The Herero traditional leaders are not there. With whom they are talking? There is no way where our government can just together with the German government come in and decide on how much will be paid. Acknowledgment is what we want, the round table with that acknowledgment."
00:27:14
Jun 08, 2021
Transitional justice's role in addressing Belgium’s colonial past
Belgium is the first country to establish a parliamentary commission dealing with its overseas colonial past in the Democratic Republic of Congo, Burundi, and Rwanda. The commission was established in July 2020. This happened after the public outcry about George Floyd’s murder, the surge of the Black Lives Matter movement, huge anti-racism protests, and a growing debate about Belgium’s colonial heritage, illustrated by the contestation over statues of King Leopold II, who was responsible for widespread atrocities committed under his rule.
The mission of this “special commission” is to shed a light on all aspects of Belgium’s colonial past. To this end, it appointed ten experts and four civil society representatives to write a report that was supposed to be released months ago, but which has not been made public to date. Civil society organisations have welcomed the commission as an opportunity to confront Belgium's colonial past and to address contemporary injustices. Yet, many of them are also critical about the process, and particularly about the limited consultation regarding how this process should be designed, the selection of the experts, and the overall lack of transparency.
Our interviewee in this episode, Dr. Liliane Umubyeyi, research coordinator at Avocats Sans Frontières, elaborates on the shortcomings of the commission:
"Theoretically, it's ambitious and it’s something that could be replicated in other countries. But at this point it's empty. So we have to see something concrete.”
While she is cautious about too technical or theoretical an approach, she confirms that the paradigm of transitional justice is potentially an apt one in the Belgian experience:
“A commission like this offers an opportunity that, for example, criminal trials wouldn't offer in terms of understanding the different lines of responsibility in historical injustices of going beyond individual responsibility in terms of bringing or finding proofs.”
00:21:14
May 07, 2021
In this episode, we put a spotlight on the Democratic Republic of Congo where a truth and reconciliation commission (TRC) was established in 2003, in an attempt to bring an end to hostilities and pave the way to democratization. However, the TRC was short-lived, leaving victims of mass atrocities with fewer avenues for the right to truth. Recently, the government of President Felix Tshisekedi has shown willingness to support the installment of a new TRC and to set up a reparations fund for victims of mass atrocities. Marit de Haan and Christian Cirhigiri speak with Gentil Kasongo, researcher at Impunity Watch in the Great Lakes Region of Africa, who shares what this new momentum for truth-seeking means for the overall field of TJ in the DRC and for the participation of victims of mass atrocities.
00:24:00