Transition and Justice: Negotiating the Terms of New Beginnings in Africa

Transition and Justice examines a series of cases from across the African continent where peaceful ‘new beginnings’ were declared after periods of violence and where transitional justice institutions helped define justice and the new socio-political order. Offers a new perspective on transition and justice in Africa transcending the institutional limits of transitional justice Covers a wide range of situations, and presents a broad range of sites where past injustices are addressed Examines cases where peaceful ‘new beginnings’ have been declared after periods of violence Addresses fundamental questions about transitions and justice in societies characterized by a high degree of external involvement and internal fragmentation

Transition and Justice: An Introduction

Since the end of the Cold War, political new beginnings have increasingly been linked to questions of transitional justice. The contributions to this collection examine a series of cases from across the African continent where peaceful ‘new beginnings’ have been declared after periods of violence and where transitional justice institutions played a role in defining justice and the new socio-political order. Three issues seem to be crucial to the understanding of transitional justice in the context of wider social debates on justice and political change: the problem of ‘new beginnings’, of finding a foundation for that which explicitly breaks with the past; the discrepancies between lofty promises and the messy realities of transitional justice in action; and the dialectic between logics of the exception and the ordinary, employed to legitimize or resist transitional justice mechanisms. These are the particular focus of this Introduction.

New Law against an Old State: Land Restitution as a Transition to Justice in Post-Apartheid South Africa?

The research on which this text is based has been financially supported by the Berne University Research Foundation (2009–2011) as well as by an Ambizione Research Fellowship of the Swiss National Science Foundation (2012–2014). During my stays in South Africa, the Departments of Anthropology at the University of the Witwatersrand, Johannesburg, and the University of South Africa (UNISA), Pretoria, provided me with welcoming and inspiring research environments. This article benefitted greatly from engaged discussions around its presentation at various occasions, notably our ECAS 2011 panel Transition and Justice: Negotiating the Terms of New Beginnings in Africa, held in Uppsala. I am particularly grateful to my co-convener and co-editor Gerhard Anders as well as Laurens Bakker, Keebet von Benda-Beckmann, Ben Cousins, Julia Eckert, Marion Fresia, Vinodh Jaichand, Steffen Jensen, Tim Kelsall, Hanri Mostert, Johanna Mugler, David O'Kane, Julia Pauli, Mats Utas, Julia Zenker and the anonymous referees of Development and Change for their critical engagements.

Scales of justice in water governance: hydropower controversies in Switzerland

One significant challenge for the operationalization of water justice arises from the many dynamic scales involved. In this paper we explore the scalar dimension of justice in water governance through the insights derived from empirical research on hydropower production in the Swiss Alps and the application of the geographical concept of politics of scale. More specifically, we investigate how different actors frame the justice problem, the scales that they invoke and which actors consequently get included or excluded in their justice assessments. This study shows that there is no ideal scale for justice evaluations; whichever scale is used, some actors and justice claims are included whereas others are excluded. This is particularly true when using Fraser’s trivalent concept of justice, taking into account issues of distribution, recognition and participation where each calls for its own set of scales. Moreover, focusing on the politics of scale framing, our study reveals that the justice claim itself can become a power element. Consequently, to achieve more just water governance, there is not only a need for debate and negotiations about the conceptions and meanings of justice in a specific context, there is also a need for debate about the relevance and implications of divergent scales involved in justice claims.

Die grenzüberschreitende Übertragung von Wissen über Transitional Justice und ihre Akteure in historischer Perspektive

Historische Ansätze sind in der Betrachtung von Transitional Justice rar geblieben. Den weitreichenden Veränderungen, die das Feld im Zuge seiner Ausdehnung zum weltweit dominierenden Reflexions- und Handlungszusammenhang im Umgang mit historischem Unrecht erfahren hat, ist deshalb in aller Regel keine angemessene Beachtung geschenkt worden. Der vorliegende Beitrag widmet sich aus historischer Sicht den Fragen, wie seit den späten 1980er Jahren über die Grenzen nationaler Aufarbeitungsschauplätze hinaus Wissen über Transitional Justice generiert und übertragen worden ist, welche die beteiligten Akteursgruppen waren und welche Auswirkungen der Wandel in den Wissenstransfers und im Verhältnis zwischen den Akteuren auf die Entwicklungen im Feld hatte. Im Mittelpunkt der Analyse steht dabei das Instrument der Wahrheitskommissionen. Historical approaches to the study of transitional justice are rare. In the process of its expansion to the dominating paradigm in dealing with past injustices, the field experienced far reaching changes. Scholarship about transitional justice, however, has hardly taken into account these shifts in appropriate ways. This article examines from a historical point of view how knowledge about transitional justice was generated and transferred across the borders of the national sites of dealing with the past, what were the groups of actors involved and what effects the transformations of the knowledge circulation as well as of the relationship between the actors since the late 1980s had on the development of the field. The focus of the analysis, thereby, is on the instrument of truth commissions.