The book investigates the use of bottom-up, community based healing and peacebuilding approaches, focusing on their strengths and suggesting how they can be enhanced. The main contribution of the book is an ethnographic investigation of how post-conflict communities in parts of Southern Africa use their local resources to forge a future after mass violence. The way in which Namibia’s Herero and Zimbabwe’s Ndebele dealt with their respective genocides is a major contribution of the book. The focus of the book is on two Southern African countries that never experienced institutionalized transitional justice as dispensed in post-apartheid South Africa via the famed Truth and Reconciliation Commission. We answer the question: how have communities healed and reconciled after the end of protracted violence and gross human rights abuses in Zimbabwe and Namibia? We depart from statetist, top-down, one-size fits all approaches to transitional justice and investigate bottom-up approaches.

Reconciliation, Transitional and Indigenous Justice presents fifteen reflections upon justice twenty years after the Truth and Reconciliation Commission of South Africa introduced a new paradigm for political reconciliation in settler and post-colonial societies. The volume considers processes of political reconciliation, appraising the results of South Africa's Commission, of the recently concluded Truth and Reconciliation Commission of Canada and of the on-going process of the Waitangi Tribunal of Aotearoa New Zealand. Contributors discuss the separate politics of Indigenous resurgence, linguistic justice, environmental justice and law. Further contributors present a theoretical symposium focused on The Conceptual Foundations of Transitional Justice, authored by Colleen Murphy, who provides a response to their comments. Indigenous and non-Indigenous voices from four regions of the world are represented in this critical assessment of the prospects for political reconciliation, for transitional justice and for alternative, nascent conceptions of just politics. Radically challenging assumptions concerning sovereignty and just process in the current context of settler-colonial states, Reconciliation, Transitional and Indigenous Justice will be of great interest to scholars of Ethics, Indigenous Studies, Transitional Justice and International Relations more broadly. With the addition of one chapter from The Round Table, the chapters in this book were originally published as a special issue in the Journal of Global Ethics.

This volume is an attempt to provide this intersectional and reflexive space. The thinking behind the book began in Lamu in mid-2010. It was a time when growing community resistance emerged towards the Kenyan government's plan to build a second seaport under a trans-frontier infrastructural project known as the Lamu Port- South Sudan-Ethiopia Transport Corridor (LAPSSET). The editors agreed that a book that draws community activists, academics, researchers and policy makers into a discussion of the predicament of indigenous rights and development against the backdrop of the Endorois case was timely and needed. Assembled here are the original contributions of some of the leading contemporary thinkers in the area of indigenous and human rights in Africa. The book is an interdisciplinary effort with the single purpose of thinking through indigenous rights after the Endorois case but it is not a singular laudatory remark on indigenous life in Africa. The discussion begins by framing indigenous rights and claims to indigeneity as found in the Endorois decision and its related socio-political history. Subsequent chapters provide deeper contextual analysis by evaluating the tense relationship between indigenous peoples and the post-colonial nation-state. Overall, the book makes a peering and provocative contribution to the relational interests between state policies and the developmental intersections of indigeneity, indigenous rights, gender advocacy, environmental conservation, chronic trauma and transitional justice.

This volume offers the first dedicated scholarly comparison of Colombia and South Africa in relation to the intersecting ideas of transitional justice, distributive justice, and transformative constitutionalism.

Transitional Justice is a range of processes made by policies and measures that allow dealing with the evil past after a protracted civil war or dictatorship regime. It aims at accountability, putting an end to impunity and restoring relationships by reconciliation and in rendering Justice to the victims of mass violations of human rights. Justice in a post-conflict state is a baffling issue. It quests to know the truth about what happened, whose truth is it, and who is benefiting from it? In this course, we will focus on these 8 points: the origin of Transitional Justice, the success or the Failure of Truth Commissions, Indigenous Justice, Reconciliation, Reparative and Restorative Justice, Amnesty, international and national courts. We look at Indigenous Justice in Africa such as Kpaa Mende, Magamba spirit, Ubushingantahe and Gacaca. From the South African truth commission to the Gacaca jurisdictions, we will try to understand how the transitional justice mechanisms are shaped by circumstances. As this course is designed for Burundian students, particular attention will be paid to the establishment of the transitional justice in that country.

The Era of Transitional Justice explores a broad set of issues raised by political transition and transitional justice through the prism of the South African TRC. South Africa constitutes a powerful case study of the enduring structural legacies of a troubled past, and of both the potential and limitations of transitional justice and human rights as agents of transformation in the contemporary era. South Africa‘s story has wider relevance because it helped to launch constitutional human rights and transitional justice as global discourses; as such, its own legacy is to some extent writ large in post-authoritarian and post-conflict contexts across the world. Based on a decade of research, and in an analysis that is both comparative and interdisciplinary, Paul Gready maintains that transitional justice needs to do more to address structural violence and in particular poverty, inequality and social and criminal violence as these have emerged as stubborn legacies from an oppressive or war-torn past in many parts of the world. Organised around four central themes new keyword conceptualisation (truth, justice, reconciliation); re-imagining human rights; engaging with the past and present; remaking the public sphere it is an argument that will be of considerable relevance to those interested in the law and politics of transitional societies.

Failed attempts in Africa to develop, democratise and instil virtues of a just state and society which promote benevolent leadership and advance political and economic rights and freedoms call for a ‘new’ imagination. By exploring a wide range of issues concerning justice, human rights and leadership, this book makes two major contributions to the extant literature in each of these areas. Firstly, as a project in decoloniality, it constitutes an ‘epistemic break’ from mainstream logics and approaches to understanding state, society and development in Africa, presenting an approach that is filtered through a Euro-American lens that reifies the hegemony of a particular spatio-temporality. In other words, it emphasises the importance of situatedness by thinking from rather than about or with Africa. And secondly, it addresses a fundamental shortcoming in decolonial thought, which is often criticised for rejecting western paradigms of thought without providing viable alternatives. The issues covered include state failure in Africa, the geopolitics of US and NATO military interventions on the continent, individual states’ responses to international law, indigenous moral political leadership, authentic inclusion of marginalised voices in development practice, an endogenous approach to environmental ethics, and a spiritualist reflection on the need for Africa to chart her own course to political, social and economic redemption. By searching for alternative paths to justice, human rights and leadership, this book represents an effort to actualise the core vision of the African Renaissance to find ‘African solutions for African problems’.