Restorative Justice and Political Forgiveness: A Comparative Study of Truth and Reconciliation Commissions

This research project involves a comparative, cross-national study of truth and reconciliation commissions (TRCs) in countries around the world that have used these extra-judicial institutions to pursue justice and promote national reconciliation during periods of democratic transition or following a civil conflict marked by intense violence and severe human rights abuses. An important objective of truth and reconciliation commissions involves instituting measures to address serious human rights abuses that have occurred as a result of discrimination, ethnocentrism and racism. In recent years, rather than solely utilizing traditional methods of conflict resolution and criminal prosecution, transitional governments have established truth and reconciliation commissions as part of efforts to foster psychological, social and political healing.

The primary objective of this research project is to determine why there has been a proliferation of truth and reconciliation commissions around the world in recent decades, and assess whether the perceived effectiveness of these commissions is real and substantial. In this work, using a multi-method approach that involves quantitative and qualitative analysis, I consider the institutional design and structural composition of truth and reconciliation commissions, as well as the roles that these commissions play in the democratic transformation of nations with a history of civil conflict and human rights violations.

In addition to a focus on institutional design of truth and reconciliation commissions, I use a group identity framework that is grounded in social identity theory to examine the historical background and sociopolitical context in which truth commissions have been adopted in countries around the world. This group identity framework serves as an invaluable lens through which questions related to truth and reconciliation commissions and other transitional justice mechanisms can be explored. I also present a unique theoretical framework, the reconciliatory democratization paradigm, that is especially useful for examining the complex interactions between the various political elements that directly affect the processes of democratic consolidation and reconciliation in countries in which truth and reconciliation commissions have been established. Finally, I tackle the question of whether successor regimes that institute truth and reconciliation commissions can effectively address the human rights violations that occurred in the past, and prevent the recurrence of these abuses.

Les minorités ethniques et l'État québécois : participation et représentations sociales des associations de groupes ethniques minoritaires lors de commissions parlementaires, 1974-2000

Thèse numérisée par la Direction des bibliothèques de l'Université de Montréal.

The European Commission’s public consultation on the review of EU copyright rules: a response by the CREATe centre

This article presents the response of the Centre for Copyright and New Business Models in the Creative Economy (CREATe) to the consultation on reform of the EU copyright regime. Reviews the format of the consultation, notes the common problems in reporting data in such a format, and reproduces the consultation questions to which CREATe responded, together with a summary of its conclusions on topics including: (1) terms of copyright protection; (2) libraries and archives; (3) persons with disabilities; (4) remuneration of authors; (5) user-generated content; (6) respect for rights; and (7) data mining.

Anatomising Irish Rebellion: the Cromwellian Delinquency Commissions, the Books of Discrimination and the 1641 Depositions

The recent digitisation of the 1641 depositions has opened up that large and controversial collection of manuscripts to renewed study. The significance of a substantial section of that archive generated in 1653-4 by the work of the Cromwellian delinquency commissions has hitherto been poorly understood. This article sheds new light on the workings of the commissions and on the ways in which the 'delinquency depositions' that they collected helped to shape the implementation of the Cromwellian and Restoration land settlements in Ireland. It also compares the Irish delinquency proceedings to the approach adopted by the Long Parliament in its dealings with royalists in England in the 1640s. In analysing the actual content of the depositions, the article focuses particular attention on County Wexford. The surviving delinquency depositions enable in-depth exploration of many facets of the 1641 rebellion and its aftermath in that region.

Les représentations des directions des services éducatifs de commissions scolaires estriennes au regard de la gestion des programmes d'études et du régime pédagogique par les enseignantes et les enseignants de l'ordre primaire dans une perspective interdisciplinaire

Depuis plus de trente ans, le système scolaire québécois a été le berceau de multiples réaménagements majeurs, tant au niveau structurel qu'au niveau pédagogique. Ces changements n'ont pas été sans affecter les divers acteurs du système scolaire, quels qu'ils soient. La présente étude explore une constituante faisant l'objet de peu d'écrits et de recherches au Québec, à savoir la mésostructure éducative québécoise (les commissions scolaires). L'étude en question vise à dégager les représentations que se font les directions des services éducatifs des commissions scolaires estriennes face à la gestion des programmes d'études et du régime pédagogique dans une perspective interdisciplinaire. Le but d'une telle démarche est de situer ces agents éducatifs afin de décrire et de saisir leurs représentations des structures existantes. À la lumière des données recueillies, l'auteure fait ressortir le fait qu'il existe multiples divergences chez les sujets au regard de leur interprétation des programmes d'études et surtout du régime pédagogique. Ces documents se situant au coeur même des pratiques interdisciplinaires, leur interprétation devient le guide des directions des services éducatifs en matière de pratiques pédagogiques préconisées par leurs commissions scolaires respectives, ce qui par conséquent vient directement influencer les pratiques des enseignantes et des enseignants de l'ordre primaire.

Différences sur le plan de la motivation au travail, de la capacité de résilience et du sentiment d’efficacité personnelle en classe et à l’école des enseignants débutants selon leur participation à des programmes d’insertion professionnelle offerts dans leurs commissions scolaires d’attache

Actuellement au Québec, le contexte d’insertion professionnelle en enseignement représente plusieurs défis pour les enseignants débutants, et ce, en raison de multiples causes (p.ex. la précarité et le manque de soutien). Résultat : près de 15 % à 20 % d’entre eux quitteront la profession dans les cinq premières années de leur carrière et cette statistique ne cesse d’augmenter. Pour remédier à la situation, l’une des solutions envisagées est la mise en place de programmes d’insertion professionnelle (PIP) par les commissions scolaires, lesquels offrent différentes mesures de soutien telles que du mentorat, des ateliers de formation et des réseaux d’entraide en ligne. Cela dit, les modalités de mise en place de ces programmes varient grandement d’un milieu à l’autre, et ce, autant en ce qui a trait aux services offerts qu’à l’admission des candidats. De plus, ceux-ci ne sont généralement évalués que de façon informelle par le milieu. On ne sait donc pas si les enseignants débutants qui y participent se distinguent réellement quant à leur persévérance dans le métier, laquelle repose notamment sur leur motivation au travail, leur capacité de résilience et leur sentiment d’efficacité personnelle (SEP) en classe et à l’école (Bandura, 1997, 2007; Bélair & Lebel, 2007; Deci & Ryan, 1985, 2002; Fernet, Sénécal, Guay, Marsh, & Dowson, 2008; Zacharyas & Brunet, 2012). Ce projet de recherche vise d’une part à mesurer les différences sur le plan de ces variables chez les enseignants débutants participant ou non à un PIP. D’autre part, il vise également à mesurer la prédiction de ces variables par les différentes mesures de soutien offertes dans les PIP chez ceux qui y participent pour constater leur contribution respective dans un PIP. Pour ce faire, une étude préexpérimentale a été menée auprès de 86 participants. À l’aide d’un questionnaire, la motivation au travail, la capacité de résilience et le SEP en classe et à l’école ont été mesurés afin de comparer les résultats du groupe d’enseignants participant à un programme à ceux n’y participant pas. Une MANCOVA a d’abord été conduite avec ces variables et trois variables contrôles « avoir pensé quitter » le milieu d’enseignement, « ordre d’enseignement » et « expérience d’enseignement » comme covariables. Des régressions linéaires multivariées ont ensuite été menées à partir des mesures de soutien. Aucun résultat significatif n’a été obtenu quant aux différences entre les participants en fonction de la participation à un PIP ce qui est représentatif des résultats obtenus dans d’autres recherches sur le sujet (Ingersoll & Strong, 2011). Aucun résultat significatif n’a été obtenu concernant la prédiction des variables d’intérêt par les mesures de soutien.

Why fundamentalism?

Why Fundamentalism? was an exhibition proposal and critical writing project developed from concept phase through to detailed proposal. It included an edited video document that lay out its core ideas and presented the diverse voices of each collaborator. A number of key themes were engaged around the hot-button (and much misunderstood) concept of Fundamentalism. The proposal included an exhibition layout, developed test imagery, ideas and animations, proposed forms for future works and a process whereby design briefs would lead to subsequent commissions. Two major grant applications were submitted to the Australia Council and Arts Queensland, with the support of State Library of Queensland, the University of Adelaide and numerous others. The project remains at the developed proposal stage awaiting suitable funding----- Critically the show became an active vehicle for drawing and exploring a line of distinction between ideas of ‘what is fundamental’ and ‘fundamentalism’ as it rested in the popular imagination, as well as in political and philosophical debates. It teased out and engaged with a number of key questions that included The Problem of Ungroundedness, A Politics of Finitude, The Post-modern/Pluralist Problem, Silent Fundamentalisms (Voices of Reason and Neo-con Religions), Fundamentalism as a Media Construct, The Pre and Post Cold-war Other, The Pressing Need for Foundations in the West and Islam as Foundationalism (rather than fundamentalism).

Legal Issues Relating to the Notification of Australian Data Breaches

Advances in information and communications technologies during the last two decades have allowed organisations to capture and utilise data on a vast scale, thus heightening the importance of adequate measures for protecting unauthorised disclosure of personal information. In this respect, data breach notification has emerged as an issue of increasing importance throughout the world. It has been the subject of law reform in the United States and in other international jurisdictions. Following the Australian Law Reform Commission’s review of privacy, data breach notification will soon be addressed in Australia. This article provides a review of US and Australian legal initiatives regarding the notification of data breaches. The authors highlight areas of concern based on the extant US literature that require specific consideration in Australia regarding the development of an Australian legal framework for the notification of data breaches.

The failure of Australian legislation on indirect discrimination to detect the systemic racism which prevents Aboriginal people from fully participating in the workforce

Government figures put the current indigenous unemployment rate at around 23%, 3 times the unemployment rate for other Australians. This thesis aims to assess whether Australian indirect discrimination legislation can provide a remedy for one of the causes of indigenous unemployment - the systemic discrimination which can result from the mere operation of established procedures of recruitment and hiring. The impact of those practices on indigenous people is examined in the context of an analysis of anti-discrimination legislation and cases from all Australian jurisdictions from the time of the passing of the Racial Discrimination Act by the Commonwealth in 1975 to the present. The thesis finds a number of reasons why the legislation fails to provide equality of opportunity for indigenous people seeking to enter the workforce. In nearly all jurisdictions it is obscurely drafted, used mainly by educated middle class white women, and provides remedies which tend to be compensatory damages rather than change to recruitment policy. White dominance of the legal process has produced legislative and judicial definitions of "race" and "Aboriginality" which focus on biology rather than cultural difference. In the commissions and tribunals complaints of racial discrimination are often rejected on the grounds of being "vexatious" or "frivolous", not reaching the required standard of proof, or not showing a causal connection between race and the conduct complained of. In all jurisdictions the cornerstone of liability is whether a particular employment term, condition or practice is reasonable. The thesis evaluates the approaches taken by appellate courts, including the High Court, and concludes that there is a trend towards an interpretation of reasonableness which favours employer arguments such as economic rationalism, the maintenance of good industrial relations, managerial prerogative to hire and fire, and the protection of majority rights. The thesis recommends that separate, clearly drafted legislation should be passed to address indigenous disadvantage and that indigenous people should be involved in all stages of the process.

Approaches for calculation of holding costs in the context of greenfield residential development

There are increasing indications that the contribution of holding costs and its impact on housing affordability is very significant. Their importance and perceived high level impact can be gauged from considering the unprecedented level of attention policy makers have given them recently. This may be evidenced by the embedding of specific strategies to address burgeoning holding costs (and particularly those cost savings associated with streamlining regulatory assessment) within statutory instruments such as the Queensland Housing Affordability Strategy, and the South East Queensland Regional Plan. However, several key issues require further investigation. Firstly, the computation and methodology behind the calculation of holding costs varies widely. In fact, it is not only variable, but in some instances completely ignored. Secondly, some ambiguity exists in terms of the inclusion of various elements of holding costs and assessment of their relative contribution. Perhaps this may in part be explained by their nature: such costs are not always immediately apparent. They are not as visible as more tangible cost items associated with greenfield development such as regulatory fees, government taxes, acquisition costs, selling fees, commissions and others. Holding costs are also more difficult to evaluate since for the most part they must be ultimately assessed over time in an ever-changing environment based on their strong relationship with opportunity cost which is in turn dependant, inter alia, upon prevailing inflation and / or interest rates. This paper seeks to provide a more detailed investigation of those elements related to holding costs, and in so doing determine the size of their impact specifically on the end user. It extends research in this area clarifying the extent to which holding costs impact housing affordability. Geographical diversity indicated by the considerable variation between various planning instruments and the length of regulatory assessment periods suggests further research should adopt a case study approach in order to test the relevance of theoretical modelling conducted.

Air evacuation in war : the role of RAAF nurses undertaking air evacuation of casualties between 1943-1953

Air transportation of Australian casualties in World War II was initially carried out in air ambulances with an accompanying male medical orderly. By late 1943 with the war effort concentrated in the Pacific, Allied military authorities realised that air transport was needed to move the increasing numbers of casualties over longer distances. The Royal Australian Air Force (RAAF) became responsible for air evacuation of Australian casualties and established a formal medical air evacuation system with trained flight teams early in 1944. Specialised Medical Air Evacuation Transport Units (MAETUs) were established whose sole responsibility was undertaking air evacuations of Australian casualties from the forward operational areas back to definitive medical care. Flight teams consisting of a RAAF nursing sister (registered nurse) and a medical orderly carried out the escort duties. These personnel had been specially trained in Australia for their role. Post-WWII, the RAAF Nursing Service was demobilised with a limited number of nurses being retained for the Interim Air Force. Subsequently, those nurses were offered commissions in the Permanent Air Force. Some of the nurses who remained were air evacuation trained and carried out air evacuations both in Australia and as part of the British Commonwealth Occupation Force in Japan. With the outbreak of the Korean War in June 1950, Australia became responsible for the air evacuation of British Commonwealth casualties from Korea to Japan. With a re-organisation of the Australian forces as part of the British Commonwealth forces, RAAF nurses were posted to undertake air evacuation from Korea and back to Australia from Iwakuni, Japan. By 1952, a specialised casualty staging section was established in Seoul and staffed by RAAF nurses from Iwakuni on a rotation basis. The development of the Australian air evacuation system and the role of the flight nurses are not well documented for the period 1943-1953. The aims of this research are three fold and include documenting the origins and development of the air evacuation system from 1943-1953; analysing and documenting the RAAF nurse’s role and exploring whether any influences or lessons remain valid today. A traditional historical methodology of narrative and then analysis was used to inform the flight nurse’s role within the totality of the social system. Evidence was based on primary data sources mainly held in Defence files, the Australian War Memorial or the National Archives of Australia. Interviews with 12 ex-RAAF nurses from both WWII and the Korean War were conducted to provide information where there were gaps in the primary data and to enable exploration of the flight nurses’ role and their contributions in war of the air evacuation of casualties. Finally, this thesis highlights two lessons that remain valid today. The first is that interoperability of air evacuation systems with other nations is a force multiplier when resources are scarce or limited. Second, the pre-flight assessment of patients was essential and ensured that there were no deaths in-flight.

The conceptualisation, sensitivity and measurement of holding costs and other selected elements impacting housing affordability (Literature review and research methodology for confirmation of PhD candidature)

It is widely held that strong relationships exist between housing, economic status, and well being. This is exemplified by widespread housing stock surpluses in many countries which threaten to destabilise numerous aspects related to individuals and community. However, the position of housing demand and supply is not consistent. The Australian position provides a distinct contrast whereby seemingly inexorable housing demand generally remains a critical issue affecting the socio-economic landscape. Underpinned by high levels of immigration, and further buoyed by sustained historically low interest rates, increasing income levels, and increased government assistance for first home buyers, this strong housing demand ensures elements related to housing affordability continue to gain prominence. A significant, but less visible factor impacting housing affordability – particularly new housing development – relates to holding costs. These costs are in many ways “hidden” and cannot always be easily identified. Although it is only one contributor, the nature and extent of its impact requires elucidation. In its simplest form, it commences with a calculation of the interest or opportunity cost of land holding. However, there is significantly more complexity for major new developments - particularly greenfield property development. Preliminary analysis conducted by the author suggests that even small shifts in primary factors impacting holding costs can appreciably affect housing affordability – and notably, to a greater extent than commonly held. Even so, their importance and perceived high level impact can be gauged from the unprecedented level of attention policy makers have given them over recent years. This may be evidenced by the embedding of specific strategies to address burgeoning holding costs (and particularly those cost savings associated with streamlining regulatory assessment) within statutory instruments such as the Queensland Housing Affordability Strategy, and the South East Queensland Regional Plan. However, several key issues require investigation. Firstly, the computation and methodology behind the calculation of holding costs varies widely. In fact, it is not only variable, but in some instances completely ignored. Secondly, some ambiguity exists in terms of the inclusion of various elements of holding costs, thereby affecting the assessment of their relative contribution. Perhaps this may in part be explained by their nature: such costs are not always immediately apparent. Some forms of holding costs are not as visible as the more tangible cost items associated with greenfield development such as regulatory fees, government taxes, acquisition costs, selling fees, commissions and others. Holding costs are also more difficult to evaluate since for the most part they must be ultimately assessed over time in an ever-changing environment, based on their strong relationship with opportunity cost which is in turn dependant, inter alia, upon prevailing inflation and / or interest rates. By extending research in the general area of housing affordability, this thesis seeks to provide a more detailed investigation of those elements related to holding costs, and in so doing determine the size of their impact specifically on the end user. This will involve the development of soundly based economic and econometric models which seek to clarify the componentry impacts of holding costs. Ultimately, there are significant policy implications in relation to the framework used in Australian jurisdictions that promote, retain, or otherwise maximise, the opportunities for affordable housing.

Preliminary modelling outcomes : calculation of holding costs in greenfield residential development

Many of the costs associated with greenfield residential development are apparent and tangible. For example, regulatory fees, government taxes, acquisition costs, selling fees, commissions and others are all relatively easily identified since they represent actual costs incurred at a given point in time. However, identification of holding costs are not always immediately evident since by contrast they characteristically lack visibility. One reason for this is that, for the most part, they are typically assessed over time in an ever-changing environment. In addition, wide variations exist in development pipeline components: they are typically represented from anywhere between a two and over sixteen years time period - even if located within the same geographical region. Determination of the starting and end points, with regards holding cost computation, can also prove problematic. Furthermore, the choice between application of prevailing inflation, or interest rates, or a combination of both over time, adds further complexity. Although research is emerging in these areas, a review of the literature reveals attempts to identify holding cost components are limited. Their quantification (in terms of relative weight or proportionate cost to a development project) is even less apparent; in fact, the computation and methodology behind the calculation of holding costs varies widely and in some instances completely ignored. In addition, it may be demonstrated that ambiguities exists in terms of the inclusion of various elements of holding costs and assessment of their relative contribution. Yet their impact on housing affordability is widely acknowledged to be profound, with their quantification potentially maximising the opportunities for delivering affordable housing. This paper seeks to build on earlier investigations into those elements related to holding costs, providing theoretical modelling of the size of their impact - specifically on the end user. At this point the research is reliant upon quantitative data sets, however additional qualitative analysis (not included here) will be relevant to account for certain variations between expectations and actual outcomes achieved by developers. Although this research stops short of cross-referencing with a regional or international comparison study, an improved understanding of the relationship between holding costs, regulatory charges, and housing affordability results.