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10 - Transitional Justice, Federalism, and the Accommodation of Minority Nationalism

Published online by Cambridge University Press:  01 March 2011

Paige Arthur
Affiliation:
International Center for Transitional Justice
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Summary

The dramatic growth of the field of transitional justice (TJ) since the late 1980s is connected to the idea that TJ can serve as an instrument to consolidate democratic transitions. This instrumental justification is not the only rationale for adopting TJ. One can make a plausible normative argument that there are moral duties to expose the truth about gross human rights violations, to prosecute their perpetrators, and to compensate their victims, even if such programs have little or no effect on the larger processes of democratic transition. But the international popularity of TJ is undoubtedly connected to the idea that it also may contribute to democratization, which has increasingly become an accepted goal of international organizations.

There are many ways in which TJ has been said to help consolidate democracy, but one familiar claim is that in societies that have been scarred by ethnic animosity or religious intolerance, TJ can help reshape identities and, in particular, to weaken those aspects of people's identities that were the source of violence and conflict and to replace them with a strengthened sense of shared identity related to common membership in the national political community. For example, the ethnic identities of “Hutu” and “Tutsi” had become interpreted in Rwanda as inherently antagonistic and monolithic, and hence were capable of being mobilized for acts of genocide.

Type
Chapter
Information
Identities in Transition
Challenges for Transitional Justice in Divided Societies
, pp. 303 - 333
Publisher: Cambridge University Press
Print publication year: 2010

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References

Gagnon, Alain and Tully, James, eds., Multinational Democracies (Cambridge: Cambridge University Press, 2001)CrossRef
Greer, Scott, Nationalism and Self-Government: The Politics of Autonomy in Scotland and Catalonia (Albany, NY: SUNY Press, 2007)Google Scholar
Guibernau, Monserrat, Nations Without States: Political Communities in a Global Age (Cambridge: Polity Press, 1999)Google Scholar
Harty, Siobhan and Murphy, Michael, In Defense of Multinational Citizenship (Vancouver: UBC Press, 2005)Google Scholar
Norman, Wayne, Negotiating Nationalism: Nation-Building, Federalism and Secession in the Multinational States (Oxford: Oxford University Press, 2006)CrossRefGoogle Scholar
Requejo, Ferran, Multinational Federalism and Value Pluralism: The Spanish Case (London: Routledge, 2005)CrossRefGoogle Scholar
Tierney, Stephen, Constitutional Law and National Pluralism (Oxford: Oxford University Press, 2004)Google Scholar

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