Tag Archives: transitional justice

Sweden faces up to past discrimination against its Roma minority in a new ‘White Book’

by Rhodri C. Williams

One week ago, the Swedish integration minister Erik Ullenhag presided over the long-awaited release of a government “White Book” documenting the country’s treatment of Roma during the 20th century. As appropriate to the aims and nature of this inquiry, the initial publication was a Swedish family affair; while the context of broader European antiziganism – or racism against Roma – is discussed and acknowledged, there has yet to be an official translation of the White Book in English (let alone romani ćhib), although a summary and fact sheet are now available.

Greater accessibility and dissemination will no doubt follow, if for no other reason than to show compliance with Sweden’s EU-mandated integration policy, and respond to specific criticisms of the Advisory Committee for the Council of Europe Framework Convention on National Minorities. However, for the time being, coverage, dissemination and discussion of the White Book have been in Swedish, with the exception of the Local and Swedish Radio. While this has emphasized the extent to which this effort is driven by and aimed at addressing local concerns, it has also resulted in a limited and eclectic international reception to date.

Given my own ongoing research interest in autonomy and minority rights in the Nordic countries, I have been working my way through the White Book and will be writing two posts on it here in TN. The first one, will address the general approach to truth-seeking set out in the White Book, and how it has been received and debated in Sweden. The second will focus more narrowly on the fifth chapter of the White Book, and, in keeping with the concerns of this blog, discuss the historical obstacles to property ownership and secure tenure to housing for Roma in Sweden.

As an outset observation, the White Book is a remarkable document, stating clearly and with an unassuming Swedish sobriety how far the country has come in the integration of its Roma national minority and how far it has yet to go. Its goals are two-fold, namely to provide recognition to the victims of a century of systematic discrimination, and raise awareness among the majority population regarding the severity of these abuses and their enduring effects (12). While the White Book represents a major step toward meeting both goals, some questions remain about both their sufficiency and their relationship with the prospectively oriented Swedish strategy for Roma inclusion.

In fact, the current relevance of the White Book was underscored with near-Hollywood timing by a set of recent scandals involving Roma in Sweden. Continue reading

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Chile and the unfinished business of justice and reparation

by Clara Sandoval

Dr. Clara Sandoval is a qualified lawyer and a Senior Lecturer in the School of Law at Essex University. She is the Director of the Essex Transitional Justice Network and Member of the Human Rights Centre as well as the Advisory Board of the Human Rights Clinic. She specializes on the Inter-American human rights system, transitional justice and reparations.

Forty years have passed since the coup in Chile and we are still waiting for justice and reparation for the majority of Pinochet’s victims. As a result of the dictatorship in Chile, there were more than 200,000 exiles, more than 38,000 survivors of torture (according to the Valech Commission) and roughly 3,000 persons subjected to enforced disappearance or extra judicial killings (according to the Rettig Commission).

Don Leopoldo García Lucero, his wife Elena and their three daughters are some of those victims. He was detained in 1973 in Santiago, passed through various detention centres (among them El Estadio Nacional, Tres Alamos and Chacabuco) where he was subjected to torture (physical and mental) and other cruel, inhuman or degrading treatment. In the summer of 1975 he was expelled from the country by decree. He arrived in the UK with his family as refugees. Since 1973 his life and that of his family has been on hold. He lives in London in social housing with his wife.

Chile has adopted important measures to deal with the legacy of mass atrocities, particularly in the area of reparation and memory, but most of them were for the benefit of the next of kin of those disappeared or killed. Meanwhile, justice (meaning the investigation, prosecution and punishment of the perpetrators of those crimes) and adequate, prompt and full reparation for torture survivors and their next of kin, those in exile and those victims who are both exiles and torture survivors remain an unfinished business.

Chile began its transition to democracy between 1988/90, and thirteen years later, in 2003, the Valech Commission was established to identify the survivor victims of torture, and only in 2004 some reparations were put in place to deal with the harm caused to torture survivors and their next of kin; these were primarily designed to provide redress to those living in Chile and not those in exile like Mr. García Lucero. In contrast, truth-seeking and reparation for victims of disappearances and killings took place just after the return to democracy at the beginning of the 1990s.

The investigation, prosecution and punishment of torture perpetrators remain a challenge in Chile. Very few cases are being investigated; the punishment of perpetrators is not proportional to the gravity of the crimes, and Chile lacks a specialized system (as it has for disappearances and killings) to investigate torture cases.

Furthermore, in Chile there are various obstacles to justice: the amnesty law remains in place (despite the judgment of the Inter-American Court in Almonacid Arellano v. Chile ruling it was contrary to human rights), and in particular, there is a law that decrees that all information that was collected by the Valech Commission remain secret for 50 years. However, this information is of extreme importance in the investigation of torture cases which occurred during the dictatorship given the difficulties to identify perpetrators without being able to cross-reference information with other persons who were detained in the same places and at the same time.

This is why the litigation against Chile in the case of Don Leopoldo García Lucero, his wife Doña Elena and their three daughters was important to REDRESS and to me as one of its lawyers. Victims, particularly torture survivors who are permanently disabled (like Don Leopoldo) and were unable to move on after what happened to them, and are in exile with their families, are extremely vulnerable people who have a right to justice and reparation, but face multiple barriers to making them a reality.

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Land reform in Colombia: One step forward, two steps back

by Nelson Camilo Sánchez and Ilan Grapel

Nelson Camilo Sánchez is a research coordinator of the Center for the Study of Law, Justice, and Society Dejusticia and associate professor at the Universidad Nacional de Colombia in Bogota. Ilan Grapel is a recent graduate of Emory University School of Law. For the last six months, he has been working with Dejusticia, where he has been researching issues relating to transitional justice in Colombia’s peace process.

Land reform in Colombia, while politically sensitive, is necessary to stabilize the country and end a violent conflict that has plagued Colombians for more than half a century. Colombia’s internal fighting has deprived millions of their land and livelihood. Adopted in June 2011, Colombia’s Victims and Land Restitution Law, also known as Law 1448, is an important advance in providing restitution for those displaced by the conflict.

With this law, the government officially recognized the existence of an internal armed conflict. The Victims Law demonstrates that the government hopes to provide greater rights to the victims of the conflict. However, this legislation needs to overcome many obstacles; foremost among them, the Victims Law needs to find a way to provide reprieve to the large number of victims who may be entitled to compensation under the law.

To date, the government has made progress in realizing restitution claims. However, the law alone cannot cure Colombia of inequality within its population. As the government struggles to return impoverished victims to their lands, the moneyed classes continues to aggregate land and resources that allow them to maintain a lifestyle vastly different from the average Colombian, let alone the landless farmers. This inequality creates a tension that prolongs the hostilities and continues the displacement in the region.

For Colombia to transition into a successful and stable country, the government needs both to improve the Victims Law and address other land distribution problems.

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Bosnia 2013 – a tale of two pictures

by Rhodri C. Williams

As the ‘Arab uprising’ countries are now learning the hard way, building a better future is a process that can often be expected to last just as long as surviving one’s bad past did. It is a bitter pill for local populations to swallow, particularly in countries like Libya where the euphoria of having slipped the grasp of a seemingly immortal psychopath is being ground down by the dispiriting business of overcoming his legacy. Its a lesson that well-meaning international observers seem to have an even harder time digesting, let alone anticipating (despite the fact that we have all been down this road before and should know by now that there are no shortcuts).

So thats what made the taste of Bosnia’s recent qualification for the World Cup so sweet. After years of stagnant ethnic deadlock, this event seemed like something that in retrospect would be seen as an awakening from a prolonged coma. A pulse had been detected last summer when ordinary citizens finally revolted against a politics of not re-attaching your own nose to spite the other guy’s face, and then had fizzled out as disillusion and ordinary life set back in. Then suddenly, the first stirrings of something big as the Bosnian team crept closer to Brazil, beating Slovakia in September and being rewarded with its unprecedented adoption as ‘our’ team by the staunchly nationalist Glas Srpske.

bosnia_qualifies_for_brazil_world_cup4And then the breakthrough – and talk of a long-overdue ‘national success story‘ – as the ‘Dragons’ swept Lithuania before them and qualified last October. Suddenly, it seemed as if Bosnia would be redefined by pictures like this, an ordinary family celebrating the victory of a highly non-ordinary state. The new Bosnian flag that rumors attributed to an OHR intern with basic photoshop skills – and that wags said looked like the logo on a cereal box – was to flap off to Brazil with all its other more time-honored fellows. The turning of a page at last.

A number of other factors spoke for normalization in Bosnia and perhaps the entire region. Warts and all, the first Bosnian post-war census was completed at around the same time of the qualifying match. Off in Kosovo, a new EULEX head seemed to take a firmer approach to corruption, even as the territory lurched toward shambolic municipal elections that were nevertheless the first ever to be supported by both Pristina and Belgrade. However, it is hard to overstate the horrors that beset the former Yugoslavia during the 1990s, and the extent to which they will continue to compete with the fragile new normality in defining the country’s image.    Continue reading

Reparations for Chile’s exiles: upcoming guest-post on the Inter-American Court decision in García Lucero

by Rhodri C. Williams

Earlier this Fall, I had the pleasure of being invited to lecture at the Essex Transitional Justice Network’s 2013 summer school, which focused on land issues in transitional settings. I also stayed on for a seminar on land and traditions that got me back together with some familiar leading lights on HLP questions and acquainted me with a number of others. The EJTN has been doing some very interesting work at the frontiers of the transitional justice discourse, including research on economic and social rights approaches to TJ, rehabilitation as a form of reparation and, most recently, a book on corporate accountability in transitional settings.

As a human rights practitioner frequently (and rightly) accused of being a frustrated academic, the seminar was a good reminder of how many other people believe that the strain of trying to keep a foot in both camps is more than compensated for by the synergies that can result. One of the more impressive examples I encountered during my stay in Colchester was the work of ETJN Director Clara Sandoval, who is also not only a Senior Lecturer at the University of Essex Law School, but also a frequent practitioner. Recently, as a consultant for Redress, she helped to bring the case of Leopoldo Garcia Lucero v. Chile before the Inter-American Court of Human Rights.

The Garcia Lucero case involves the claim of an 80 year old torture survivor who was held for a year and a half in Chilean prison camps before being expelled in 1975. Since then, Mr. Garcia Lucero has struggled to make a new life in London, one among some 200,000 Chileans forced out by the Pinochet regime. Physically disfigured and permanently disabled, he sought an “effective remedy and full and adequate reparation for what happened to him” before the Inter-American Court.

In the decades since Mr. Garcia Lucero was victimized, the Chilean experience of transitional justice has come to be seen as a model in many respects. However, as Clara Sandoval noted in a BBC interview, efforts to provide reparations to victims of the Pinochet regime have been accompanied by relatively few convictions of perpetrators and largely excluded exiled victims, exacerbating their vulnerability. Meanwhile, with the recent commemoration of the 40th anniversary of the Pinochet coup, painful new revelations such as the failure of the Chilean courts to protect ordinary citizens continue to emerge.

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Chilean judiciary apologizes

In what the BBC has called an ‘unprecedented’ move, the Chilean National Association of Magistrates of the Judiciary has apologized for failing to protect the rights of those persecuted by the Pinochet regime in the 1970s and 80s. Coming just a week shy of the 40th anniversary of the September 11, 1973 coup that brought Pinochet to power, the judicial apology appears to come as part of a broader moment of reflection.

Although the executive branch and security forces clearly had the most to answer for at the time, it seems the judiciary played an entirely passive role:

The magistrates’ association acknowledged that the Chilean judiciary could and should have done much more to safeguard the rights of those persecuted by the dictatorship. It said the judges had ignored the plight of victims who had demanded their intervention.

Chilean courts rejected about 5,000 cases seeking help on locating missing loved ones abducted or killed by the authorities. Critics say their usual response was they had no information about their fate.

Such a judicial apology raises an interesting set of issues. Apologies are often seen as sensitive because even as symbolic acts, they can have material consequences. There is a fine line between taking moral responsibility for atrocities and taking legal responsibility for them and compensation claims are usually quick to follow.

For instance, the recent admission by the Farc in Colombia that it shared responsibility for the suffering that has resulted from its prolonged insurgency is seen as a prelude to wrangling over its liability to compensate victims in the ongoing peace negotiations with the Government.

However, apologies are usually issued by the executive or perhaps the legislative branch, with the consequences likely to be handled through the courts or administrative reparations programs. When a Court admits liability for violations in the form of systematic failure to provide remedies, what are the consequences of that? Its hard to imagine that the relatives of the disappeared turned away twenty years ago would be permitted to go back to those courts now in order to sue them.

It is also interesting to query whether this could lead to a trend. I suspect TN readers can think of other courts that may have failed to take the high road in the past or are neglecting to do so now. Any nominations for the next few judiciaries that should be getting in line for some sackcloth and ashes?

 

Reconciliation, or getting over losing to win in the Balkans

by Rhodri C. Williams

For several years now, I have provided periodic technical advice to a European Union funded program to aid refugees and displaced persons in Serbia. Although the deck has been stacked pretty heavily against the program’s clients and the rest of the world’s attention long since wandered from their plight, it means a lot to me to be able to continue participating in picking up the pieces from the conflicts that shocked me into political consciousness back in the distant 1990s.

My most recent trip came last week, for a training in Belgrade. Much on the way to Serbia was bracingly familiar, beginning with the blithe surliness of the nicotine-raspy JAT stewardesses who make you eight again and dealing with the cafeteria ladies as they slap a canned sandwich down on your bobbling tray. Belgrade itself was indecently unchanged, with its steady throng of cheerful and careworn pedestrians wandering amidst canyons of faded glory. Of all the Eastern European places I return to, Belgrade seems to change the least, not resisting so much as ignoring the tsunami of Benetton gentrification that rages all around it.

This is not to say that the politics haven’t changed. In many respects, its been a banner year for the West Balkans. As Besar Likmeta recently pointed out in Foreign Policy, the accession of Croatia to the EU on July 1 capped a sequence of breakthroughs ranging from the belated election of a true reform candidate in Albania to the political galvanization of Bosnia and most notably, the power-sharing agreement arrived at between Belgrade and Pristina. At first glance, the only parties that seem bitterly divided or incapable of applying the rule of law at all these days are within the Tribunal that was meant to fix all that (on which, see Eric Gordy’s latest ruthlessness here).

However, an atmosphere of palpable unease remains over issues like the delicate détente over Kosovo. The lawyers I met with last week exemplify the paradoxical nature of post-Yugoslav normalization. On one hand, there they are, Serb lawyers representing Serb clients in Serbian, working the Kosovo courts every day. The first time I went to Kosovo in early 2000, the idea was unimaginable (‘suicidal’ would not be out of place) and its realization gives some hope for a viable multi-ethnic future.

On the other hand, the lawyers had a laundry list of shenanigans, underhand, bureaucratic and worse. In many senses, the uprooted and impoverished clients they represent are the most easily dispensable part of a veritable mountain of irregularities and grievances accumulated during a decade of international administration. Property claims remain a significant issue, but must be viewed alongside unresolved disappearances, highly contested privatizations, potentially massive liability to the former employees of state firms and other pending calamities.

That said, the lack of trust remains striking. After dinner one evening, the conversation revolved around plots. Is this a blocking maneuver meant to distract us from that or wedge us out of there? There was some ironic laughter but an undertone of real worry. For Serbs living and working in Kosovo, a sort of elemental uncertainty that long since evaporated from more settled former war zones like Bosnia still clings.

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