The Impact of transitional justice measures on democratic institution-building

Lead Research Organisation: University of East London
Department Name: Law and Social Sciences

Abstract

Countries emerging from authoritarian rule and/or violent conflict face myriad challenges. Chief among them are demands for accountability for past abuses, and the need to build a new, stable, democratic state. Scholars and practitioners continue to debate which of these take priority, or whether in fact one is a necessary precondition for the other. While some recent scholarship suggests that certain transitional justice measures are positively correlated with an improvement in the state of democracy and human rights in transitional states, other scholarship suggests that some transitional justice measures are not linked to improved records of democracy and human rights. This project will examine the experiences of eight countries: South Korea, Japan, Brazil, Chile, Sierra Leone, Burundi, Hungary, and Germany, in four regions: Asia, Africa, Latin America, and Europe. All have experienced different types of violence and repression and undergone different types of transition, in different regional and international geopolotical circumstances. Using qualitative methods including field research, secondary research, and incorporating insights from quantitative research, this comparative project will develop new insights regarding the impact of transitional justice measures specifically on democratic institution-building. As such, it will contribute to the growing scholarship on the effects of transitional justice and provide insights for policymakers at the local, state, and international level regarding the role of various transitional justice measures.

Planned Impact

The research is designed to have an impact beyond academic researchers, upon both international policymakers involved in promoting democracy and institutional reform and transitional justice measures, and upon domestic policymakers and non-governmental organization activists in the countries of study.

It will do so both by including these actors as participants, as interview subjects and conference/workshop participants included to help review project findings, and by designing specific outputs for those actors.

Among the individuals to be interviewed will be the international policymakers active in designing and funding processes of democratization and transitional justice, including experts within the UK's Foreign and Commonwealth Office (FCO) and Department for International Development (DfID) and the United Nations. Equivalent policymakers will be interviewed by research partners in the Netherlands and Germany. Researchers will also interview national and NGO policymakers in the countries of study.

These same policymakers will be included as participants in several of the meetings to be convened by the collaborating researchers. A meeting with development actors will be held in London, to review the research findings to date with key end users including experts from the Foreign Office and the Department for International Development as well as relevant NGO experts. A meeting will be held in Geneva to launch findings with intergovernmental and nongovernmental organizations. Representatives of relevant experts and governmental and nongovernmental officials will be present at not only these meetings but also in core group meetings held in the Netherlands and the UK.

Finally, the project will develop specific outputs for policymakers, namely policy papers. Drawing upon the scholarly research in the project, the papers will identify key lessons learned and implications for policymakers at national and international levels in easily-accessible formats. These papers will be produced by each partner to the project and disseminated on the project's website. These will also be disseminated in printed and electronic form to the global networks of experts and policymakers developed by the principal investigator and the Dutch partner in the research.

Publications

10 25 50
 
Description A key preliminary finding has been the limited evidence to support many of the claims of the direct effects of mechanisms of transitional justice on democratic institution-building.

However, the project also developed the concept of pathways of impact, allowing us to trace more carefully the evidence of potential effects. We identified several pathways, of which we have found the effects of legitimation and de-legitimation of various institutions, individuals and ideologies of former regimes/combatant or opposition groups, etc, to be the most promising. This approach entails close examination of the processes by which such changes may take place, using process-tracing. It asks, if there are any effects to be found, how might they be seen to work. This is discussed in part in a related article by Sriram in International Studies Review in 2017, and an article under submission to a peer-reviewed journal by Arnould, Herman, and Sriram.
Exploitation Route Our findings to date will be of interest to practitioners seeking to implement transitional justice, democracy promotion, and other programmes, particularly development actors. Conflict advisors at UK Department for International Development have already expressed interest, based on preliminary work, to learn more of our findings as we publish them, as have scholars and policymakers who participated in our closing workshop in November 2015 in Utrecht.

Interest in our work has continued, as explained in the engagement section. This has come particularly from the Belgian Foreign Ministry and the UK Department for International Development, and findings were presented to the United Nations in March 2017. As noted in engagement, lessons have been used in trainings for the UK government by Sriram.
Sectors Government, Democracy and Justice

URL http://www.tjdi.org
 
Description The policy paper and public presentations to date have drawn interest from the UK government in particular. These were of interest to the Department for International Development, which invited Sriram to deliver a training package and training for conflict advisers on mass atrocities, and subsequently the UK government Stabilisation Unit asked her to provide a series of trainings for civil service members on justice and development in conflict-affected societies. The trainings drew directly upon, and credited, the work of the ESRC research project.
First Year Of Impact 2017
Impact Types Policy & public services

 
Description In January 2018, Professor Sriram presented the issues and findings of the project to justice and governance practitioners in Sri Lanka, hosted by the South Asian Legal Resource Centre
Geographic Reach Asia 
Policy Influence Type Implementation circular/rapid advice/letter to e.g. Ministry of Health
 
Description Professor Sriram presented and discussed policy paper on the effects of transitional justice to DfID conflict adviser, who also requested to receive further outcomes.
Geographic Reach Multiple continents/international 
Policy Influence Type Implementation circular/rapid advice/letter to e.g. Ministry of Health
 
Description Professor Sriram was asked to and did deliver a training pack for UK Department for International Development on mass atrocities.
Geographic Reach Multiple continents/international 
Policy Influence Type Influenced training of practitioners or researchers
URL http://www.gov.uk/dfid-research-outputs/mass-atrocities-gsdrc-professional-development-reading-pack-...
 
Description Professor Sriram was asked to be a trainer for civil servants in the UK government about to be seconded internationally on justice and security in conflict-affected countries in 2017-2018
Geographic Reach Multiple continents/international 
Policy Influence Type Influenced training of practitioners or researchers
 
Description Research Fellow Valérie Arnould has discussed the TJDI project in contacts with the Deputy-Director for Human Rights at the Belgian Ministry of Foreign Affairs and the EU Human Rights Officer working on transitional justice. Both expressed interest in receiving the research outputs from the project (policy papers and journal articles). Following on from these discussions, Valérie Arnould was asked to give a presentation on the project's findings at a seminar on transitional justice organized by the Belgian Ministry of Foreign Affairs at its permanent representation at the United Nations in New York on 17 March 2017.
Geographic Reach Multiple continents/international 
Policy Influence Type Implementation circular/rapid advice/letter to e.g. Ministry of Health
 
Description TJDI Research Fellow Valérie Arnould was invited by the Leuven Institute for Criminology to give a lecture on 'Transitional Justice Impact on Democracy in Latin America and Africa' at the annual International Intensive Course on Political Crimes and Transitional Justice. This course, co-organised with the University of Tilburg and University of Tuebingen, will take place from 25 April to 1 May 2017.
Geographic Reach Europe 
Policy Influence Type Implementation circular/rapid advice/letter to e.g. Ministry of Health
 
Description The Friedrich Naumann Foundation for Freedom, a German private foundation working to promote rule of law and democracy, invited TJDI Research Fellow Valérie Arnould in November 2016 to come and present findings of the TJDI study to a delegation of African officials for who the foundation was organizing a knowledge exchange trip in Brussels. The FNS was particularly interested in learning about the comparative lessons that could be drawn from the TJDI study on transitional justice experiences in Europe and Africa.
Geographic Reach Europe 
Policy Influence Type Influenced training of practitioners or researchers
 
Description African Studies Association, UK 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Other academic audiences (collaborators, peers etc.)
Results and Impact Valerie Arnould led a panel and presented a paper at the ASAUK annual meeting in September 2014. Her work reached all those who joined her panel as well as the entire conference through the publication of the abstract in the conference proceedings.

Presentation led to a paper for publication.
Year(s) Of Engagement Activity 2007,2014
URL http://tjdi.org/news-and-events/
 
Description BBC World News TV Appearance on the publication of the Brazilian Truth commission Report 
Form Of Engagement Activity A press release, press conference or response to a media enquiry/interview
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Media (as a channel to the public)
Results and Impact This was a joint interview hosted by the BBC, with myself and a Brazilian expert. It can be found at: http://www.tjdi.org/news-and-events/news/tjdis-chandra-sriram-discusses-brazilian-truth-commission-report-bbc-world-news/

This drew upon research and observations from TJDI research in Brazil.
Year(s) Of Engagement Activity 2014
URL http://www.tjdi.org/news-and-events/news/tjdis-chandra-sriram-discusses-brazilian-truth-commission-r...
 
Description Cambridge University, Lauterpacht Centre for International Law, Presentation on the TJDI project 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach Regional
Primary Audience Schools
Results and Impact About 60 students and faculty members attended this presentation, which sparked lively debate and request for followup discussion, particularly surrounding methodology.
Year(s) Of Engagement Activity 2015
 
Description Closing conference of the TJDI Project, University of Utrecht 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Schools
Results and Impact NWO-funded partner University of Utrecht hosted the closing conference and workshop of the project. The open conference included scholars, practitioners, and members of the public. The closed workshop on the second day included scholars and practitioners. Each day involved lively debate surrounding core concepts and findings.
Year(s) Of Engagement Activity 2015
URL http://www.tjdi.org/event/challenging-conventional-wisdom-assessing-impact-transitional-justice-mech...
 
Description Human rights and conflict, Seminar, United Nations University, Tokyo 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Policymakers/politicians
Results and Impact The presentation, with a mixture of UN employees based in Tokyo working on various aspects of human rights, and students preparing for similar work by interning at UN agencies, generated active discussion in seminar and followup emails. The seminar shared the first policy paper from the project, which sparked particular questions.

After the talk, emails from participants asking for more details about the project.
Year(s) Of Engagement Activity
 
Description Justice as peace? Seminar for the Foundation for the Development of International Law in Asia, Seoul 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? Yes
Geographic Reach International
Primary Audience Other academic audiences (collaborators, peers etc.)
Results and Impact The discussion, which included participants from relevant academic communities in South Korea and Japan, as well as one representative from a German funding body, sparked discussion, and further interest in the project. There have been followup emails with requests for further information and documents.

Requests for further information.
Year(s) Of Engagement Activity
 
Description Justiça Transitória e Construção de Instituições Democráticas: uma investigação de trajetória 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? Yes
Geographic Reach International
Primary Audience Schools
Results and Impact A lecture given by TJDI Principal Investigator Chandra Lekha Sriram at the Fundação Casa Rui Barbosa in Rio de Janeiro, presenting the methodological outline of the research project. http://www.casaruibarbosa.gov.br/interna.php?ID_S=9&ID_M=2632

http://www.casaruibarbosa.gov.br/interna.php?ID_S=9&ID_M=2632
Year(s) Of Engagement Activity 2013
URL http://www.casaruibarbosa.gov.br/interna.php?ID_S=9&ID_M=2632
 
Description Korean Political Science Association, presentation on transitional justice and the East Asian Peace 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Schools
Results and Impact This was an invited presentation to the Korean Political Science Association annual conference, based on a board member having seen my earlier presentations during research in Seoul. We had a lively discussion with strong Korean perspectives on the concept of transitional justice both challenging, and listening to, the approaches of the project.
Year(s) Of Engagement Activity 2015
 
Description Presentation on TJDI project, University of Oxford, Oxford Transitional Justice Research 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach Regional
Primary Audience Schools
Results and Impact About 40 students, faculty members, and NGO practitioners attended this talk, sparking followup requests to present the research elsewhere and engage in future publications.
Year(s) Of Engagement Activity 2015
URL http://otjr.crim.ox.ac.uk/index.php/events/seminar/472-does-transitional-justice-affect-democratic-i...
 
Description Transitional justice and democratic institution-building 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Other academic audiences (collaborators, peers etc.)
Results and Impact Invited lecture given by Professor Sriram at the Latin American Society of International Law, Foz do Iguacu, 23 August 2013

We were able to share our project with a wider group of local researchers in the field.
Year(s) Of Engagement Activity 2013
URL http://www.casaruibarbosa.gov.br/interna.php?ID_S=9&ID_M=2632
 
Description University lecture, Uppsala University, Department of Peace and Conflict Studies 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Schools
Results and Impact Presented a talk followed by discussion on the TJDI project, with a specific focus on our methodology, and development of pathways of impact. About 30 faculty members, undergraduate and postgraduate students attended this session at the University of Uppsala, Sweden.
Year(s) Of Engagement Activity 2015
URL http://www.tjdi.org/event/chandra-sriram-presents-preliminary-findings-tjdi-project-department-peace...
 
Description University of Bristol, Global Insecurities Seminar, presentation on project methodology and developments 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach Regional
Primary Audience Media (as a channel to the public)
Results and Impact About 20 students and faculty members attended this presentation, resulting in a lively discussion about methodology and the relationship of the work to security sector reform. The editor of a journal extended an invitation to submit an article from the project for review.
Year(s) Of Engagement Activity 2015
 
Description University of Stockholm, Stockholm Center for International Law and Justice, presentation on the TJDI project 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Schools
Results and Impact About 15 faculty members and students attended this presentation, which generated a useful debate regarding various legal issues, as well as followup communications from several participants.
Year(s) Of Engagement Activity 2015
 
Description University of Uppsala and National University of Singapore conference on the East Asian Peace 
Form Of Engagement Activity Participation in an activity, workshop or similar
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Schools
Results and Impact About 50 scholars, practitioners and students attended a session at the conference in Singapore, in which I discussed transitional justice in South Korea and Japan in the context of debates about regional peace. My participation resulted from interest following my presentation on the TJDI project in Uppsala. As with the presentation in the Korean Political Science Association conference, there was a lively debate about the applicability of the concept of transitional justice in the region.
Year(s) Of Engagement Activity 2015