Victims, Violence and Voice: Transitional Justice, Oral History and Dealing with the Past

Transitional justice is concerned with the legal and social processes established to deal with the legacy of violence in post-conflict and post-authoritarian contexts. These processes are essentially “creatures of law” – they are established by statute, their work is molded and shaped by lawyers, and their outcomes are benchmarked against what is or is not acceptable in domestic and international law. Concerns have mounted in recent years about the dominance of legalism within the field and the instrumentalization of those most directly affected by past violence. A commonly prescribed – but as yet largely empirically untested – corrective is that transitional justice theory and practice must become more open to interdisciplinary insights and perspectives. The interview – in different guises, contexts and settings – is at the heart of most transitional justice processes. As a historian now working in a School of Law I reflect in this article on the theoretical and practical intersections between law, history, and the interview. Drawing on more than 200 interviews concerning the Northern Ireland conflict and six other international case studies I concentrate in particular on interview-based initiatives that purport to be “victim-centered”. Having identified three interrelated risks - the manipulation of victim voice by vested interests, the affording of authority to particular voices, and the reification or “freezing” of identity - and having related these to the constraints of legal mechanisms and a wider failure to manage victims’ expectations, I argue that a greater familiarity with oral history theory and praxis can usefully illuminate the tensions between legal and historical approaches to engaging voice, and ultimately offer guidance to the shared challenge of victim-centered transitional justice.

Reconsidering Partisan Memorial Landscapes in un-brotherly and disunited times

Cultural landscapes are the product of innumerable changes wrought by generations in order to meet their aspirations, vanities, ambitions and weaknesses (Sudjic 2006: p.326). The inescapable nature of architecture makes it the ideal vehicle for those in power to manifest their authority, taste and will in the landscape by the buildings and monuments they construct and conserve and also the historical events and myths they commemorate and disseminate.
In the 1960s, many Yugoslav landscapes were altered by the construction of abstract Partisan spomenik (monuments) which dominated the skylines of former battle sites. This paper will discuss the how the collapse of Socialist ‘regime of memory’ and Yugoslavia has left these landscapes as legacies of a lost world of yesterday. It will consider how changing values are reflected by physical landscape changes and also by how and which critical events are commemorated.

In pursuit of regulatory compliance: a study of planning enforcement structures in Northern Ireland

As devolution expands across the UK, Northern Ireland (NI) is witnessing the development of new architecture to devolve planning powers. With serious criticism targeted at the legislative provisions for enforcement, this investigation endeavours to assess the robustness of the planning framework through a synergy of theory, law and practice. The paper demonstrates the value of theory in not only supplying a lens that allows both legislative frameworks and praxis to be deconstructed, but also in enabling the identification and scrutiny of underlying problems that pervade the system.

Practicing peace: Psychological roots of transforming conflicts

The practice of sustainable peace is a process that must be initiated, nourished and revised. The
“social energies” of conflict transformation – truth, mercy, justice, peace – offer a useful model to describe the transformative power of this practice. These social energies can be conceptualized as a combination of norms or values, on the one hand, and actions directed toward social reconstruction, on the other. As such, the social energies of conflict transformation are both the guideposts and the engine in the journey of practicing sustainable peace. This article begins by
linking psychological constructs of narrative/voice, empathy/altruism, individual/collective guilt, and security/fear with the social energies, highlighting the interdependence of processes and shifting the focus away from pathology toward an emphasis on harmony. An empirical application of how the four social energies contribute to the mobilization, maintenance and adaptations in on-going peace processes in post-war Guatemala is then presented. By analyzing the interaction among diverse actors and goals in the decade and a half since the signing of the 1996 Peace Accords, current theory is extended in two ways: a) differentiation between elite and grassroots initiatives, and b) specification and evaluation the impact of various efforts on episodic and structural violence. We conclude that although national and local processes have
had limited success, more integrated practices of truth, mercy, justice and peace are necessary if Guatemala is to make sustainable peace a reality. The findings from this case study have policy and practical implications for other countries facing protracted, violent conflict.

Building partnerships in social work education: Towards achieving collaborative advantage for employers and universities

Summary: Better partnership working between employers and academic institutions has recently been identified as one of the key developments needed to improve social work education and practice in the UK (Social Work Reform Board, 2010). However, the praxis of collaborative working in social work education remains under-researched and it is unclear what factors are significant in promoting effective partnership. This article contributes to this debate by reporting research that examined the experience of social work academics working with employers to deliver qualifying level social work education in Northern Ireland.

Findings: This analysis explores key factors in the dynamics of the collaborative process and identifies both congruence and discord in academic and employer perspectives. The findings highlight the collaborative advantage accruing from partnership working, which include the benefits of a centrally coordinated system for the management and delivery of practice learning. However, the results also indicate that engaging in partnership working is a complex process that can create conflict and tensions, and that it is important to ground collaborations in realistic expectations of what can be achieved.

Application: This article identifies opportunities for achieving collaborative advantage and the challenges. It identifies lessons learned about the value of partnership working in social work education and ways to increase its efficacy.

Gender Equality Acts - Federal and States (Germany):a practical commentary

This book provides a systematic introduction in the German gender equality acts for public services, and also a section per section commentary for each individual act. It analyses the legal base, limits and scope of the so called women's quota, gender mainstreaming in public employment and public policy, provisions to allow conciliation of paid work and work in families and the position of women's equality officers. It compares and analyses 16 state acts and the federal equality act. The introductory chapter, written by Dagmar Schiek, also provides an analysis of the EU level and constitutional frame for this legislation. The combination of a systematic introduction and a section by section commentary ensures that this valuable handbook can be used by trained lawyers as well as by social scientists, taking into account the fact that many equality officers are not trained lawyers.