IS 309 Special Topics Transitional Justice: Confronting the Past, Building the Future Simon Fraser University School for International Studies Spring Term 2012 Thursday 13.30-17.20 (HC 1530) Instructor: Onur Bakiner (obakiner@sfu.ca) Office Hours: Thursdays 11.30-13.20 (HC 7272) Description: The struggle of man against power is the struggle of memory against forgetting, (Milan Kundera s The Book of Laughter and Forgetting) This special topics course explores the possibility of justice, civic repair and reconciliation in societies transitioning from a period of political violence and massive human rights violations. In the last three decades, many societies have made the hard decision to come to terms with past wrongs. Domestic and international human rights trials, amnesty laws, truth commissions, lustration, victim-centered reparations, and commemorative acts have become central to conflict resolution, peace-building and democratization processes. Throughout the course we will question what transitional justice means, how it has emerged as a distinctive field of study and policy-making, and whether or not transitional justice measures have lived up to their promise of truth, justice and reconciliation in post-conflict societies. We will look at transitional justice from multiple perspectives: (i) the sociology of memory; (ii) the politics of democratization and democratic consolidation; (iii) policy implications in a post-conflict context; and (iv) the representation of the struggle for justice in art and literature. The challenge we set for ourselves is to rethink our everyday notions of memory, truth, justice reconciliation, and forgiveness in a critical light. The first part of the course (Week 1-4) engages theoretical debates on the definition, significance and historical evolution of transitional justice. Then we move on to analyzing specific transitional justice measures (Week 5-6) and their application in a variety of contexts (Week 7-8). We then focus our attention to how fiction illustrates the promises, dilemmas and contradictions of coming to terms with the past in the wake of mass atrocities. We read a novel and watch a play adapted into film by Ariel Dorfman, and a novel by J.M. Coetzee (Week 9-10). Then we devote two weeks to student presentations of case studies that have transitional justice at the center. Requirements: The grading will consist of a midterm (20%), a final paper (25%), case study presentations in weeks 11 and 12 (20%), four response papers during the semester (20%) and participation (15%). The midterm will consist of two parts: (i) short-answer questions that test students mastery of the basic terms and academic debates; and (ii) essay questions that allow the students to synthesize the material learned in class. The final 1
paper will be a term paper that will engage critically with the transitional justice literature and practice. Between January 12 and March 15, each student will contribute reading response papers once every two weeks. The participation grade consists of regular attendance and active participation during class. The midterm will be held on February 23, 2012, in class. The final paper will be due during the final exam week. Readings: The readings consist of books, academic articles and policy briefs. All of the readings in the syllabus are required. The books that we will refer to extensively (see below) will be available at the SFU bookstore. I will post as much of the readings as possible online, as well. Books: Coetzee, John Maxwell, Disgrace (Vintage Books, 1999) Dorfman, Ariel, Widows, translated by Stephen Kessler (Seven Stories Press Edition, 2002) Jelin, Elizabeth, State Repression and the Labors of Memory (University of Minnesota Press, 2003) Minow, Martha Between Vengeance and Forgiveness: Facing History after Genocide and Mass Violence. (Boston: Beacon Press, 1998) Quinn, Joanna R. (ed), Reconciliation(s): Transitional Justice in Postconflict Societies. (McGill-Queen's University Press, 2009) Teitel, Ruti G., Transitional Justice. (New York, NY: Oxford University Press, 2000) Roht-Arriaza, Naomi, y Javier Mariezcurrena (eds.), Transitional Justice in the Twenty- First Century: Beyond Truth versus Justice. (Cambridge, Cambridge University Press, 2006) Wilson, Richard A., The Politics of Truth and Reconciliation in South Africa: Legitimizing the Post-Apartheid State. (Cambridge; New York: Cambridge University Press, 2001) Promptness and Excuse Policy: Please make sure to be on time for class. Promptness is an important component of the participation grade, and the instructor reserves the right not to admit students who arrive more than 5 minutes late to class. Students are allowed to take make-up exams only when they have a serious excuse (e.g. illness or death in the family), and when they bring an official document to prove the excuse (e.g. hospital certification). Academic Integrity: 2
All students taking courses in International Studies are expected to read and understand the University s policies regarding academic integrity. Cheating and plagiarism will not be tolerated under any circumstance! There are clear rules and regulations of the University to punish offenders of academic honesty. It is possible that you may not know the appropriate rules of citation and quotation; in this case please consult me immediately. Please make sure to read the University policies at: http://students.sfu.ca/academicintegrity.html More resources: - SFU Library: Identifying and avoiding plagiarism: http://www.lib.sfu.ca/researchhelp/writing/plagiarism.htm - Understanding and Avoiding Plagiarism: A Self-Directed Tutorial http://www.lib.sfu.ca/researchhelp/tutorials/interactive/plagiarism/tutorial/introduction.ht m Weekly Outline: January 5: What is Transitional Justice? Introduction and The Rule of Law in Transition (pp. 3-26) in Transitional Justice. Introduction in Reconciliation(s). What is Transitional Justice? on the ICTJ Website (http://ictj.org/about/transitionaljustice) Transitional Justice on the UN Rule of Law Website (http://www.unrol.org/article.aspx?article_id=29) January 12: History of Transitional Justice: Coming to Terms with the Past after 1945 and the Third Wave of Democratization Nuremberg, in Gary J. Bass, Stay the Hand of Vengeance: The Politics of War Crimes Tribunals. Princeton University Press, 2000. Arthur, Paige. 2009. How Transitions Reshaped Human Rights: A Conceptual History of Transitional Justice. Human Rights Quarterly 31 (2): 321-354. Zalaquett, José. 1992. Balancing Ethical Imperatives and Political Constraints: The Dilemma of New Democracies Confronting Past Human Rights Violations. Hastings Law Journal, 43: 1425-1438. January 19: History, Memory and Justice Chapters 1-4 in State Repression and the Labors of Memory. Steve J. Stern, From Loose Memory to Emblematic Memory: Knots on the Social Body, in Remembering Pinochet s Chile: On the Eve of London 1998. Duke University Press, 2004. January 26: Conflict Resolution and Transitional Justice Introduction and Vengeance and Forgiveness in Between Vengeance and Forgiveness. 3
Human Rights and Nation-Building in The Politics of Truth and Reconciliation in South Africa. Paul van Zyl, Promoting Transitional Justice in Post-Conflict Societies, in Bryden, Alan and Heiner Hänggi (eds.), Security Governance in Post-Conflict Peacebuilding, (LIT: Munster, 2005). February 2: Human Rights Trials, Amnesty Laws and Lustration Trials in Between Vengeance and Forgiveness Criminal Justice and Historical Justice in Transitional Justice Non-Criminal Sanctions (Part 8) in Transitional Justice: How Emerging Democracies Reckon with Former Regimes, Volume I: General Considerations, ed. Neil Kritz. United States Institute of Peace, 1995. February 9: Truth Commissions, Material and Symbolic Reparations Truth Commissions and Reparations in Between Vengeance and Forgiveness. Chapters 2, 3 and 5 in The Politics of Truth and Reconciliation in South Africa. Reparatory Justice in Transitional Justice. February 23: Transitional Justice in Latin America MIDTERM! Anita Isaacs, Truth and the Challenge of Reconciliation in Guatemala (Chapter 7) in Reconciliation(s). Chapters 3, 4, 5, and 12 in Transitional Justice in the Twenty-First Century. March 1: Transitional Justice in Africa and Asia Chapters 5, 6, 8, 9, 11, and 12 in Reconciliation(s). Chapters 1, 2, 6, 7, 9, 10, 11 in Transitional Justice in the Twenty-First Century. March 8: Transitional Justice and Literature I: Ariel Dorfman, Widows. Engendered Memories in State Repression and the Labors of Memory. Movie: Death and the Maiden. March 15: Transitional Justice and Literature II: John M. Coetzee, Disgrace. Conclusions: Human Rights, Reconciliation and Retribution in The Politics of Truth and Reconciliation in South Africa. March 22: Case Studies I March 29: Case Studies II April 5: Conclusion Toward a Theory of Transitional Justice in Transitional Justice. 4
Transmissions, Legacies, Lessons and Conclusion in State Repression and the Labors of Memory. 5