Academic literature on the topic 'Reparation Commission'

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Journal articles on the topic "Reparation Commission"

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Meiring, P. G. J. "Reparasie, die onbetaalde rekening van die Waarheids- en Versoeningsproses." Verbum et Ecclesia 21, no. 2 (September 9, 2000): 301–15. http://dx.doi.org/10.4102/ve.v21i2.1260.

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Reparations, the unpaid account of the Truth and Reconciliation ProcessThe author contends that the final question about the contribution of the South African Truth and Reconciliation Commission will not be whether the Human Rights Violations Committee or even the Amnesty Committee were successful in their respective tasks of collecting data, as well as holding numerous victims' and amnesty hearings throughout the country, but concerns the question of reparation to the victims of apartheid. Raising his concern about the fact that government was slow to act upon the TRC’s reparation proposals, he underlines the reasons why proper reparation was of supreme importance to the victims as well as to the nation. After discussing the five categories of reparation proposals, the author suggests a number of areas where the faith communities in the country have a unique and significant contribution to make.
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McElderry, Cathy, and V. Nikki Jones. "Ending Our Silence." Advances in Social Work 21, no. 4 (February 26, 2022): 1246–60. http://dx.doi.org/10.18060/24414.

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The U.S. has never fully addressed the legacy of chattel slavery and institutionalized racism. H.R. 40 – Commission to Study and Develop Reparation Proposals/Processes for African Americans Act presents an opportunity to engage in a national discourse on the topic of federal reparations for the injustices of slavery and the present-day impact. The intent of the bill is to establish a commission to examine remedies for slavery and institutionalized discrimination. Enacting this bill is an important step in acknowledging the fundamental injustices of slavery. Social work, as a profession, has yet to acknowledge a position on this important issue. The historical context of reparations and institutionalized discrimination are presented to initiate a dialogue and call to action among social workers. Social workers are in a unique position to play an integral role in addressing the issues challenging passage of H.R. 40. The advocacy expertise of social workers situates them to support reparations as a policy priority that aligns with the cardinal values of the profession. Through capacity-building, the social work profession can dispel the myths and fears associated with reparations and move H.R. 40 forward.
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Namakula, Catherine S. "Reparations without reparation: A critique of the Germany–Namibia Accord on colonial genocide." African Yearbook on International Humanitarian Law 2021 (2021): 46–66. http://dx.doi.org/10.47348/ayih/2021/a2.

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Reparation is meant for effect: to make amends. The offer of EUR 1,100 million by the Federal Republic of Germany to the Republic of Namibia, in an agreement of June 2021, for the genocide committed during the colonial-era occupation encourages debate about the categorisation and effect of the payment in the fields of human rights and international criminal justice. The genocide was characterised by the loss of the lives of thousands of people among the Nama and Herero of Namibia between 1904 and 1908. In a pioneering analysis, this article reiterates the principles of reparation in international criminal jurisprudence as a yardstick for this significant gesture of remorse. Reparations must meet both procedural and substantive requirements: they must be proportional, appropriate, prompt and adequate, and they must culminate from a process that ensures the meaningful participation of victims and judicious regard for all relevant factors and circumstances. Reparations for the sake of it, without the remedial effect, make a mockery of justice. An agreement for development aid, however generous, cannot meet the standards of reparation for gross human rights violations. It does not oust the jurisdiction of a competent court on the matter and the pre-emptive clause intended to make the financial component in the Germany–Namibia Accord conclusive is unenforceable. This significant discourse must be guided by clearly set standards to avoid replicating the power dynamics which characterised the commission of the crimes that are intended to be addressed. Furthermore, the distinct treatment of victims on the basis of race and colonial history is repugnant and not defensible. A formidable institutional framework is needed for reparations for the trans-Atlantic trade and trafficking in enslaved Africans and colonial crimes, comprising a United Nations independent mechanism and a specialised committee of the African Union, supported by national committees of the respective countries.
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Asare, Abena Ampofoa. "The Ghanaian National Reconciliation Commission: Reparation in a Global Age." Global South 2, no. 2 (October 2008): 31–53. http://dx.doi.org/10.2979/gso.2008.2.2.31.

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Heiskanen, Veijo, and Robert O’Brien. "UN Compensation Commission Panel Sets Precedents on Government Claims." American Journal of International Law 92, no. 2 (April 1998): 339–50. http://dx.doi.org/10.2307/2998046.

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While the public’s attention has recently focused on the United Nations Special Commission on Iraq (UNSCOM) and its weapons inspection activities, the United Nations Compensation Commission (UNCC or Commission), another ad hoc UN body created pursuant to Security Council Resolution 687 in the aftermath of the Persian Gulf war, has been making steady progress in resolving the war reparation claims asserted against Iraq. Nonetheless, the UNCC is under increasing pressure to speed up the claims review process and complete its work expeditiously.
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Wilson, Richard J. "Restoration of Historical Memory and Dignity for Victims of the Armenian Genocide." International Criminal Law Review 14, no. 2 (March 13, 2014): 332–42. http://dx.doi.org/10.1163/15718123-01401003.

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This article argues that United Nations human rights principles and new developments in the Inter-American Commission on Human Rights and the European Court of Human Rights suggest a route to provide effective reparation through restoration of historical memory and dignity for victims of the Armenian Genocide.
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Aiyub Kadir, M. Yakub, and Firmanila Firmanila. "Reparating Women’s Rights Violation Within Aceh Truth and Reconciliation Commission (TRC)." Udayana Journal of Law and Culture 4, no. 1 (January 31, 2020): 21. http://dx.doi.org/10.24843/ujlc.2020.v04.i01.p02.

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The establishment of Aceh TRC is based on the 2005 peace agreement between the Indonesian Government and the Free Aceh Movement (GAM), which then regulated under Act No. 11 year 2006 on Governing of Aceh, and was manifested through the Aceh Qanun No. 17 year 2013 on Aceh TRC. Three years later, the commissioner of Aceh TRC was chosen and inaugurated by Aceh House of Representative on July 2016. This paper investigates Aceh TRC and its progress in fulfilling the rights of women as the victim of Aceh’s conflict, challenges and some recommendation for better implementation of TRC. Using a normative and empirical research, this paper found that Aceh TRC is an institution to uncover the truth of the past human rights violations, to achieve reconciliation and to recommend a comprehensive reparation. Currently (May 2019), Aceh TRC is collecting data to achieve the first goal that is uncovering the truth, while the rights of women as victim in Aceh’s conflict is remain alienated. It is recommended that Aceh TRC should implement the urgent reparations as soon as possible considering the condition of the women’s victim and their rights, and also for the central and provincial government to be supportive in terms of financial and moral support.
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Burton, Mary. "Custodians of Memory: South Africa's Truth and Reconciliation Commission." International Journal of Legal Information 32, no. 2 (2004): 417–25. http://dx.doi.org/10.1017/s0731126500004236.

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South Africa is widely admired for its peaceful transition from a period of discrimination and oppression to a legitimate functioning democracy in which human rights are recognized and protected by the Constitution and the courts. Nevertheless, it is still a country traumatized by its recent past. There is a great need for building and strengthening processes of development, reparation, reconciliation and the healing of painful memories. The country has just celebrated National Heritage Day, and these memorial occasions are important in reminding us all of how far we have come, and the people and events which brought us to this point.
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Karadjova, Mariana. "Property Restitution in Eastern Europe: Domestic and International Human Rights Law Responses." Review of Central and East European Law 29, no. 3 (2004): 325–63. http://dx.doi.org/10.1163/1573035042132932.

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AbstractThis article presents an overview of how those East European countries that are members of the Council of Europe have approached the problems of restitution as a means of reparation for past injustices. In doing so, attention will be paid to: the entitled persons and the extent of restitution; the underlying motivations vis-à-vis the form of reparation (restitution in kind or compensation), and attitudes towards minority groups and foreigners as part of the restitution process. Emphasis will also be given to the role played by international instruments (the ECHR and its future Protocol 12, the International Covenant on Civil and Political Rights, various UN resolutions, etc), as well as by judicial institutions (the European Court of Human Rights, the UN Human Rights Committee) in the evolution of the restitution process in Eastern Europe in general, and regarding such issues as equality between foreigners and nationals as well as minority and religious groups and the elaboration of an international standard of restitution as reparation for abuses of human rights in particular. The bodies of the ECHR have managed to avoid problems related to restitution and reparations for past injustices by arguing that the right of restitution is not guaranteed by art.1 of Protocol 1 to the the ECHR. But the entry into force of a new Protocol 12 to the Convention will likely result in changes being made in this thought process, at least as regards the position of foreigners. If measures denying restitution, owing to the claimant's nationality, were taken after ratifi cation of Protocol 12, the way should be opened in the future to foreigners (in addition to procedures before the UN Human Rights Committee) to more effectively defend their rights relative to such restorative measures: notably, the possibility of seizing the Strasbourg Court with claims relating to justifi cation for "unequal treatment". The right to remedy the injustices committed to the victims of violations of human rights and international humanitarian law has appeared with increasing frequency on the agenda of the UN Commission on Human Rights. Furthermore, in its recent case law, the UN Human Rights Committee has evidenced a concern over several questions relating to the respect of possessions; it has already opted for the proposition that any discrimination on the basis of nationality in restitution legislation can be deemed to be a violation of the International Covenant on Civil and Political Rights. Lastly, after ratifi cation of Protocol 12, we can expect a link to be forged between the vision of the UN Commission on Human Rights and that of the European Court of Human Rights that may—in the future—lead to the elaboration of a common international mechanism regulating restitution as a means for the reparation of abuses of human rights.
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Prabowo, Rian Adhivira, and Kukuh Budi Mulya. "Tawaran Model KKR Indonesia Dalam Penyelesaian Pelanggaran Ham Berat Masa Lalu Dengan Sejumlah Pengalaman Pembanding." JURNAL HUKUM, POLITIK DAN KEKUASAAN 2, no. 1 (December 15, 2022): 54–83. http://dx.doi.org/10.24167/jhpk.v2i1.5648.

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: How a nation contront it’s past is one of the topics on studies of transititonal justice. Since Constitutional Court nullified Indonesian TRC Law 27/2004, reconciliation in Indonesia has entered a status quo. This paper explores possibilities on regulating the future of Indonesian reconciliation law based on three points of departures: (i) the dynamics on regulating reconciliation in Indonesia, (ii) precedents from Constitutional Court’s decisions, and (iii) lesson learned from South Africa and Chile’s TRCs. Using normative legal approach, this paper proposes four reconciliation models: (i) legal policy with amnesy, (ii) legal policy without amnesty, (iii) political policy, and (iv) an alternative model with the formation of Reparation Commission. This paper concludes the last offered model as the least resort for fulfilling victims’ rights on reparation while anticipating future legal/political policy on reconciliation.
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Dissertations / Theses on the topic "Reparation Commission"

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Jähnicke, Burkhard. "Washington und Berlin zwischen den Kriegen : die Mixed Claims Commission in den transatlantischen Beziehungen /." Baden-Baden : Nomos-Verl.-Ges, 2003. http://www.loc.gov/catdir/toc/fy0613/2005361609.html.

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Univ., FB Philos. und Geschichtswiss., Diss. u.d.T.: Jähnicke, Burkhard: Die Geschichte der deutsch-amerikanischen Mixed Claims Commission, 1922 - 1939--Hamburg, 2000.
Literaturverz. S. 310 - 359.
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Issa, Fehima. "Les Commissions Vérité et Réconciliation comme mécanisme de justice transitionnelle : La question de la justice, de la vérité et de la réconciliation dans les sociétés en transition démocratique." Thesis, Paris 11, 2013. http://www.theses.fr/2013PA111012.

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La question de la justice dans les sociétés en transition est systématiquement soulevée après un conflit ou une période répressive ou autoritaire. En effet, les violations flagrantes du droit international des droits de l’homme et les violations graves du droit international humanitaire perpétrées sous les précédents régimes ne sauraient laisser aux institutions politiques nouvelles le choix de l’inaction face au passé. Les commissions vérité et réconciliation constituent un des mécanismes de la justice transitionnelle qui place la victime au cœur de ses préoccupations notamment parce que l’incrimination du bourreau n’est pas le seul objectif de la justice et que, comme le remarquait Hannah Arendt, il faut bien constater qu’il y a « des crimes qu’on ne peut ni punir, ni pardonner ». Parfois présentées comme une solution alternative à la justice pénale, ces commissions ont pour objectif d’établir les méfaits des anciens régimes. Le possible choix entre les commissions vérité et la justice répressive interne ou internationale est écarté dans cette étude qui entend accorder une place importante à la complémentarité des commissions vérité et réconciliation avec les autres mécanismes de la justice transitionnelle, notamment les poursuites judiciaires contre les auteurs des crimes de droit international les plus graves et les réparations pour les victimes. De fait, le but de cette étude n’est pas d’analyser de manière isolée ces commissions mais de constater que les normes internationales et la situation propre à chaque pays en transition limitent les options disponibles du traitement du passé. La recherche est fondée sur la méthode d'étude de cas de plusieurs pays dans une démarche comparative afin d’en tirer des conclusions aboutissant à démontrer la légitimité des commissions vérité et réconciliation en période de transition ainsi que leur fonctionnement
The issue of justice in societies in transition is systematically raised after a conflict, a repressive period or an authoritarian period. Gross violations of international human rights law and grave breaches of international humanitarian law perpetrated under previous regimes cannot let the choice of inaction concerning the past to the new political institutions.Truth and reconciliation commissions constitute one of the mechanisms of transitional justice, which place the victim at the middle of its concerns especially because the criminalization of perpetrators is not the only goal of justice and, as noted by Hannah Arendt, “men are unable to forgive what they cannot punish and are unable to punish what turns out to be unforgivable”. Sometimes presented as an alternative mean to criminal justice, these commissions aim to establish the misdeeds committed by former regimes. The possible choice between truth commissions and international or internal criminal Justice is avoided in this study, which aims to highlight the important role of the complementarity of truth and reconciliation commissions with other transitional justice mechanisms, notably legal prosecutions against the perpetrators of crimes against international law and reparations for victims. In this regard, the aim of this study is not to analyze these commissions in an isolated manner, but to notice that international standards as well as situations in each country restrict the options available for dealing with the past. This research is based on a comparative approach presenting a case study on different countries for demonstrate the legitimacy of truth and reconciliation commissions and their functioning in period of transition
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Masoumi, Khazar. "La responsabilité environnementale des Etats : un régime juridique en émergence." Thesis, Strasbourg, 2017. http://www.theses.fr/2017STRAA001.

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Malgré ce que l’on a pu croire, le régime commun pourrait présenter un grand intérêt pour le droit international de l’environnement sous réserve de la prise en compte de certaines considérations environnementales. Il s’agit d’une part, du déclenchement de la responsabilité et, d’autre part, de la réparation. Si, en raison de certaines insuffisances normatives environnementales, l’engagement de la responsabilité pourrait soulever des difficultés, le fondement du régime commun, à savoir le fait illicite, facilite la prévention des dommages environnementaux. Quant à l’invocation de la responsabilité, une évolution concernant les droits des États agissant pour un intérêt collectif pourrait empêcher que de nombreux espaces et espèces échappent à la sphère de la responsabilité des États. Concernant les modalités de la réparation, l’importance d’une réparation en nature ou par équivalent en nature impose une adaptation à l’appréciation ou à la mise en œuvre de la restitution et de l’indemnisation. En revanche, la présente thèse propose une nouvelle forme de satisfaction : la compensation écologique
Despite some authors’ scepticism, the international environmental law can find certain solutions in the law of state responsibility. However, the success of finding such solutions depends on the introduction of a number of environmental considerations to as conditions of state responsibility, its invocation and reparation. Regarding the first, although the state responsibility, which is based on breach of obligations, may lack normative environmental aspect, its preventive role vis-a-vis the environmental harm should not be underestimated. As to the invocation, the positive law has to acknowledge the right of an injured state acting for the collective interest in order to include spaces and species beyond the state’s sovereignty to the law of state responsibility. Regarding the forms of reparation, restitution and compensation must be adapted taking into consideration the importance of environmental restoration towards baseline conditions. However, satisfaction needs to transform into a multiform and flexible form of reparation. For this purpose the present study suggests the biodiversity offset mechanism as a form of satisfaction
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Hall, Charlotta. "Sanningskommission för Sveriges samer : en studie om förväntningar och andra urfolks erfarenheter på väg mot upprättelse." Thesis, Uppsala universitet, Teologiska institutionen, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-305672.

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In recent years the field of reparations for indigenous peoples has increased remarkably. Past wrongs made by states in the distant past has become more important to highlight, not only because of the memories of historical injustice, but because of how the past impacts the future, and not least, still appears as structures of discrimination remaining from the past.   As an indigenous people the Saami people living in Sweden have experiences of both historical injustices as well as todays struggle with discrimination on different levels. Mostly regarding their right to be a part of decisions concerning them and the right of culture, language, identity, land and nature resources, fundamental for them as a people. In order to change their situation and to search for redress the Saami people in Sweden have announced their need of a truth commission. The Saami people are not the first indigenous people whom search for redress through a truth commission, but is it possible to learn from others?   With this in mind, my study aim to look at practical experiences of truth commissions in Canada and New Zealand and further, examine what the Saami people in Sweden hope to achieve with a truth commission. Thereafter, I weight other indigenous peoples experiences of a truth commission with the Saami peoples expectations to find out what keys need to be considered to increase the outcome of a truth commission. Where theory, practical experience and Saami expectations connects is where the key issues can be found. Given this, my study suggests that five different key issues must be thought through and shall not be underestimated as they may have an effect on the ongoing process as well as on the results and the aftermaths. The key issues that is suggested is as follows: 1) political will, 2) the role and engagement of Civil Society, 3) the Saami´s own involvement 4) the problem of what focus the commission should have, and 5) the awareness of “tough” questions coming up.
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Jardine, Varushka. "The Truth and Reconciliation Commission : success or failure?" Diss., University of Pretoria, 2008. http://hdl.handle.net/2263/23111.

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The South African Truth Commission was different to any other commission held in the past. The Commission had to balance the scales between a painful past and a peaceful future. The task in itself was not an easy one, considering the fact that the apartheid years spanned over many decades. It certainly was not an easy task to maintain a balance between blanket amnesty and legal prosecutions. This middle of the road policy leveled much criticism from all sides, ranging form political parties to victims and their families and the general public. However, the policy on amnesty was a crucial aspect in balancing the past with that of the future. Although the TRC had achieved its objectives, it had many shortcomings ranging from its original mandate, its workings right through to the final recommendations. The scope of the Commission was far too wide considering the fact that they had to cover human rights abuses spanning over the years 1960 to 1994. The mandated period for them to complete their task was very limited if one considers the fact that this was a unique Commission and many people had to be trained to carry out tasks especially on lower levels. The Committees established by the Commission did not have clear methods of working and the coordination between them was poor. The methodology followed by the TRC was flawed but we need to take time and consider the enormity of the task at hand. It was not only a transitional phase for the people of South Africa but for the new government as well. The TRC was not a well planned process. However one has to also consider that accountability had to be done as soon as possible or it would have lost its essence. Issues had to be faced as soon as possible. The Commission also received criticism for allowing religion into its doors, mainly Christian theology. However, in some ways, one has to consider the fact that most people who were affected by apartheid were Christian and they found comfort in the practice of the Commission. The National Party had to be accountable and yes, as leaders they should have apologized for what had happened. This should have been a point of issue for the Commission and one of the areas where they had failed to act. Notwithstanding all the negative aspects of the Truth and Reconciliation Commission much positivism brought to the country as a whole, sections of society and to individuals. Nothing short of a miracle can heal a country. The terms of reconciliation, forgiving and healing became acceptable terms to many who were affected by the period of apartheid. South African history was given an opportunity to be recorded. People were given an opportunity to clear their conscious and find peace in truth. For the first time it was possible to see beyond the pain that many had suffered. As a country we would have been much poorer had the truth not been told. I believe it was truly a necessary part of our history. Copyright
Dissertation (MHCS)--University of Pretoria, 2010.
Historical and Heritage Studies
unrestricted
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Freudenreich, Johannes. "Entschädigung zu welchem Preis? : Reparationsprogramme und Transitional Justice." Universität Potsdam, 2009. http://opus.kobv.de/ubp/volltexte/2010/4813/.

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Transitional Justice bezeichnet staatliche Anstrengungen um vergangene Menschenrechtsverletzungen am Ende von Represionen aufzuarbeiten. Reparationszahlungen an die Opfer, die eines der Hauptinstrumente staatlicher Aufarbeitung darstellen können, blieben in der Transitional Justice-Literatur vergleichweise unerforscht. Dieses Buch versucht diese Lücke zu schließen und fragt, warum manche Staaten solche Programme eingeleitet haben, während andere junge Demokratien darauf verzichteten. Dabei setzt sie Reparationszahlungen in den Kontext anderer Transitional Justice-Maßnahmen und greift gleichzeitig zwei Haupterklärungsansätze für gerichtliche Verfahren und Wahrheitskommissionen auf. In diesem Zusammenhang ist die Frage, inwieweit Transitional Justice aus moralischer Überzeugung oder aus taktischem Kalkül der neuen Eliten eingeleitet wurde. In dem die Arbeit diese Frage am Beispiel der Zahlung von Entschädigungsleistungen diskutiert, kann sie auch Aussagen darüber machen, wie valide die bestehenden Erklärungsansätze für Transitional Justice sind. Anhand der südamerikanischen Regimewechsel in den 1980ern wird aufgezeigt, dass Reparationszahlungen oft zur Legitimation von Amnestien verwendet wurden. Wenn Täter und Opfer relativ starkes Drohpotential besaßen, versuchten Regierungen den Opfern durch Entschädigung entgegenzukommen um Amnestien für die Täter bei gleichzeitiger Anerkennung der Taten zu rechtfertigen. Entschädigungszahlungen wurden somit oft aus strategischen Erwägungen geleistet, was man bei der normativen Bewertung dieser Programme berücksichtigen sollte.
Transitional justice refers to approaches that states use to address past human rights violations at the end of violence and repression. Providing reparations to victims, which can be understood as one of the main instruments of Transitional Justice, has so far received relatively little attention in the Transitional Justice literature. This book tries to fill this gap and asks why some states chose to implement reparation programs while others did not. Putting reparations into context this book adapts explanations for the realization of trials and truth commissions and asks whether they also hold for reparations. The main question is, whether state elites chose Transitional Justice mechanisms for moral or tactical reasons. Hence, by analyzing reparations this book can also help us to reappraise the validity of popular explanations for other Transitional Justice mechanisms. Studying the democratic transitions in South America in the 1980ies this book shows that reparations were often paid to justify amnesty decisions for the perpetrators. When perpetrators and victims posed a credible threat for the incumbents, they implemented reparation programs while crimes of the past went unpunished. In most cases reparations were paid due to tactical convenience rather than moral commitment, which should be considered when we evaluate the concept of reparations.
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Berry, Didier Nibogora. "The right to reparations in the context of transitional justice: lessons for Burundi from South Africa, Chile, Peru and Colombia." Thesis, University of the Western Cape, 2011. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_4501_1360923367.

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Drawing lessons from South Africa, Chile, Peru and Colombia, the study seeks to contribute to the debate around reparations in a society where the likelihood of prosecutions against suspected perpetrators is limited.

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Guematcha, Emmanuel. "Les commissions vérité et les violations droits de l’homme et du droit international humanitaire." Thesis, Paris 10, 2012. http://www.theses.fr/2012PA100202.

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Après la commission de violations des droits de l’homme et du droit international humanitaire et dans le cadre parfois d’une transition ou d’une situation post conflictuelle difficile, les Commissions vérité ont été de plus en plus créées au sein des Etats. Parce qu’elles sont destinées à l’examen de violations de règles établies en droit international, se pose la question de leur rapport avec ce droit. Par leurs spécificités formelles et la flexibilité de leurs règles, leur utilisation du droit international et leur prise en compte des victimes, elles constituent un cadre particulièrement novateur dédié à l’examen des violations des droits de l’homme et du droit international humanitaire. Cependant, instances non judiciaires et eu égard aux évolutions du droit international, elles conduisent à s’interroger sur la responsabilité pour ces violations et des obligations internationales de l’Etat à cet égard, et à exiger la mise en œuvre de la responsabilité pénale pour la commission des violations les plus graves qu’elles ont constatées
In time of transition or in post conflict situations, many truth Commissions have been increasingly created within many States to deal with a past caracterised by many human rights and international humanitarian law violations. Because they are dedicated to investigate violations of established rules of international law, the question emerge on their relationships with international law. Their formal characteristics and their flexibility, their use of international law and the focus and attention they give to the victims of these violations, make them appear to be an innovative mean allowing specific review of violations of human rights and international humanitarian law. However, because there are non-judicial bodies and taking into consideration the developments of international law, they raise questions about responsibility for these violations and international obligations of the State in this regard, and lead to the requirement of prosecution and the implementation of criminal liability for the serious violations they reported
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Faku-Juqula, Nthabiseng Anna. "Fourteen years on : the legacy of giving testimony to the South African Truth and Reconciliation Commission for survivors of human rights violations." Thesis, Brunel University, 2014. http://bura.brunel.ac.uk/handle/2438/8749.

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Objectives : This study focused, unusually, on the experience of people who gave testimony in person to the TRC many years previously. The study’s objectives were firstly to explore the personal, social and political events that participants recounted as motivating them to testify to the South African Truth and Reconciliation Commission (TRC), and secondly to analyse the meanings that participants gave retrospectively, about fourteen years later, to testifying before the TRC. METHOD: 30 participants were recruited, from poor socioeconomic backgrounds, in Gauteng and Western Cape provinces, South Africa. Semi-structured interviews were conducted in participants’ preferred SA languages. Data were analysed using principles of modified grounded theory. Findings: Participants from the two provinces testified through shared hopes for change but differed in the specific political and violent events that they wished to make public. Looking back, many participants expressed disillusionment with the TRC’s effectiveness. Participants were concerned by unfulfilled promises, inadequate reparations and lack of socioeconomic improvement. Memories of horrific abuses were still vivid, and most doubted that the TRC process could result in forgiveness, amnesty, reconciliation and healing. Participants felt unacknowledged, invalidated and inadequately recompensed, symbolically and monetarily. Nonetheless, participants expressed suspended hope, if not for themselves but for the future generations. ‘Misrecognition’ emerged as the overarching theme, an experience of feeling ignored and dismissed, finding promises for material recompense broken, and their contribution to the seemingly successful TRC processes not recognised. Conclusion: The TRC process neglected the abuse of the apartheid period, which has left a legacy. This study has shown that many participants continue to struggle with the legacy of a very unequal society, and further follow-up research is vital to review participants’ long-term needs. Lack of improvement in social and economic conditions has led some people in South Africa to question the effectiveness of the TRC.
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Smith, Rebecca. "'These wounds and scars have not healed ': a critical gender analysis of the Kenyan Truth, Justice and Reconciliation Commission's recommendations for reparations." Master's thesis, University of Cape Town, 2016. http://hdl.handle.net/11427/20608.

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This dissertation provides a critical gender analysis of the Kenyan Truth, Justice and Reconciliation Commission's (TJRC) recommendations for reparations. While 'gender' describes the form of analysis undertaken, this dissertation is focused on how gender has interacted with other factors to influence women and girls' experiences of violence and harm during the TJRC's post-independence mandate period (1963 to early 2008) and whether or not the TJRC's proposed reparations program offers gender-sensitive remedies. Therefore, the main question this dissertation seeks to determine is: to what extent does the TJRC's Reparations Framework a) address the types of violence and harm commonly experienced by women, b) encourage their participation in developing the framework, c) promote a change to female victims and survivors' lived realities and d) address the root causes of this violence? This question is explored through an examination of primary and secondary sources such as empirical research on violence against women in Kenya, academic theory on gender-sensitive reparations programs, reports and literature produced by civil society institutions and the TJRC's Final Report. The dissertation's analysis draws on normative theory regarding reparations from scholars such as de Greiff (2006) and Hamber (2009) among others. The civil society document, The Nairobi Declaration (2007) and the literature on gender sensitive reparations, specifically that of Rubio-Marin (2009), Manjoo (2010), Duggan and Jacobson (2009), Durbach and Chappell (2014) act as guideposts for this analysis. This literature establishes the basic elements of any gender-sensitive reparations framework, namely: participation, rehabilitation and transformation. Overall, the TJRC was dedicated to understanding women's experiences of human rights violations and recommending remedy to women acutely impacted by violence. However, due to limited funds, controversies over the suitability of its Chairman, Bethuel Kiplagat, a poor relationship with civil society and oversights of its own, the Commission faced difficulty in securing meaningful participation of women in the development of its recommendations for reparations. However, notwithstanding a few oversights, it is argued that the content of the TJRC's recommendations for reparations are gender sensitive. Given the gravity of violence and the massive numbers of victims in need of redress, the recommendations for reparations separate victims in terms of violations endured and their level of vulnerability. Overall, this eligibility criterion is responsive to the types of violence and harm commonly endured by women. The TJRC's proposed reparations include elements of acknowledgement, rehabilitation, prevention and transformation. With the Commission's recommendations to provide medical and psychosocial vouchers, pensions as well as collective reparations in the form of official acknowledgment, institutional reforms and gender violence recovery centers, the reparations program has the potential to impact both the lived experiences of victims and survivors as well as in a small way, subvert Kenya's deeply entrenched gender hierarchy. With a combination of individual and collective reparations, the TJRC's recommendations for reparations, if implemented, could play a role in combating the micro and macro impact of gendered violence in Kenyan society.
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Books on the topic "Reparation Commission"

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Zifcak, Spencer. Restorative justice in East Timor: An evaluation of the community reconciliation process of the Commission for Reception, Truth and Reconciliation (CAVR). [Dili, Timor Leste]: USAID, 2007.

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South Africa. Truth and Reconciliation Commission. Truth and Reconciliation Commission of South Africa report. [Cape Town]: Truth and Reconciliation Commission, 1999.

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South Africa. Truth and Reconciliation Commission. Truth and Reconciliation Commission of South Africa report. Cape Town: The Commission, 1998.

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Commission, Virginia State Crime. Report of the Virginia State Crime Commission: Studies of business premises liability and urban violence to the Governor and the General Assembly of Virginia. Richmond: Commonwealth of Virginia, 1993.

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Commission, Virginia State Crime. Victims and witnesses of crime: Report of the Virginia State Crime Commission to the Governor and the General Assembly of Virginia. Richmond: Commonwealth of Virginia, 1989.

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Commission, Virginia State Crime. Victims and witnesses of crime: Report of the Virginia State Crime Commission to the Governor and the General Assembly of Virginia. Richmond: Commonwealth of Virginia, 1988.

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Commission, Virginia State Crime. Report of the Virginia State Crime Commission on victims and witnesses of crime to the Governor and the General Assembly of Virginia. Richmond: Commonwealth of Virginia, 1990.

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Commission, Scottish Law. Report on prescription and limitation of actions (latent damage and other related issues): Report submitted under section 3(1)(e) of the Law Commission Act 1965. Edinburgh: H.M.S.O., 1989.

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Lawrence, Ruth A. Breastfeeding, a guide for the medical profession. 2nd ed. St. Louis: Mosby, 1985.

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The quest for an elusive justice: A report on observation of the Truth, Justice and Reconcilliation Commission process. Nairobi: Constitution & Reform Education Consortium-CRECO, 2012.

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Book chapters on the topic "Reparation Commission"

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Sujatmoko, Andrey, and Wildani Angkasari. "The Aceh Truth and Reconciliation Commission Roles in Victims Reparations." In Proceedings of the 3rd Borobudur International Symposium on Humanities and Social Science 2021 (BIS-HSS 2021), 709–15. Paris: Atlantis Press SARL, 2023. http://dx.doi.org/10.2991/978-2-494069-49-7_118.

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Maier, Charles S. "The Politics of Reparation." In Recasting Bourgeois Europe. Princeton University Press, 2015. http://dx.doi.org/10.23943/princeton/9780691169798.003.0005.

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This chapter examines the politics of reparation in France, Germany, and Italy. The reparation issue was not settled at the Paris Peace Conference. Woodrow Wilson resisted the most extensive demands of the European allies, but recompense for civilian damages, which he sanctioned, was bound to be enormous. Furthermore, Britain won the principle that separation allowances and pensions for veterans or dependents must also be shouldered by Germany. To forestall divisive arguments, it was agreed that a Reparations Commission would determine the total damages and levy a final bill by May 1, 1921. The chapter discusses issues relating to reparation, taxes, and the German heavy industry. It also considers how with French Prime Minister Aristide Briand and German Chancellor Joseph Wirth sought support on the basis of a reformist or moderate position and found themselves stalemated, suggesting that both men were hostage to each other's moderation on reparations.
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"The Anglo-Argentine Commission." In Victim Reparation under the Ius Post Bellum, 146–56. Cambridge University Press, 2019. http://dx.doi.org/10.1017/9781108559171.006.

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Payne, Cymie R. "Jus Post Bellum and the Evolution of Reparations." In Just Peace After Conflict, 114–29. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198823285.003.0007.

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This chapter argues that reparations should be seen as instrumental for peacebuilding. In contemporary practices, they are no longer solely mediated through the state or confined to claims by individuals against states. Experiences of UN claims mechanisms and international criminal tribunals show that duties may also arise in the relationship between individuals. The chapter examines reparation practices, especially from the ICC, critically engaging with the source of compensation funds, as well as with the ultimate goal of reparations: building a just and sustainable peace. With this assessment, including lessons learned from the UN Compensation Commission, the chapter aims to reframe reparations as a critical element for peacebuilding.
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Günnewig, Elisabeth. "The Duty to Pay Reparations for the Violation of the Prohibition of the Use of Force in International Relations and the Jus Post Bellum." In Necessity and Proportionality in International Peace and Security Law, 439–74. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780197537374.003.0015.

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This chapter critically assesses the usefulness of a jus post bellum as a freshly discussed third pillar of international peace and security law with regard to a state’s duty to pay reparations for an unlawful resort to force. Based on the analysis of the relevant practice—starting from the Versailles reparations regime after the First World War and ending with the work of the Eritrea-Ethiopia Claims Commission at the beginning of the twenty-first century—this chapter identifies a systemic gap in the current legal framework governing the aggressor state’s reparations obligation. While the principle of full reparation is one of the fundamental premises to the law of state responsibility and firmly enshrined in customary international law, there is a recurring practice in the aftermath of armed conflicts to consider the severity of the aggressor state’s wrongdoing and its economic capacity in determining the adequate reparations sum. The chapter concludes that this practice, which reflects the unique peacebuilding function of reparations in a post bellum society, can be best addressed by developing and applying a jus post bellum principle of proportionality to the aggressor state’s reparations obligation.
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Crawford, James, and Simon Olleson. "14. The Character and Forms of International Responsibility." In International Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198791836.003.0014.

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This chapter begins with an overview of the different forms of responsibility/liability in international law, and then focuses on the general character of State responsibility. The law of State responsibility deals with three general questions: (1) has there been a breach by a State of an international obligation; (2) what are the consequences of the breach in terms of cessation and reparation; and (3) who may seek reparation or otherwise respond to the breach as such, and in what ways? As to the first question, the chapter discusses the constituent elements of attribution and breach, as well as the possible justifications or excuses that may preclude responsibility. The second question concerns the various secondary obligations that arise upon the commission of an internationally wrongful act by a State, and in particular the forms of reparation. The third question concerns issues of invocation of responsibility, including the taking of countermeasures.
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"ChileReport of the Chilean National Commission on Truth and Reconciliation * Part IVChapter 1Proposals for Reparation." In The Handbook of Reparations, edited by Pablo de Greiff, 732–59. Oxford University Press, 2006. http://dx.doi.org/10.1093/0199291926/003.0023.

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"Reparation to individuals for gross violations of international human rights law and serious violations of international humanitarian law." In Report of the International Law Commission, 358–69. United Nations, 2021. http://dx.doi.org/10.18356/9789210057318c013.

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Brophy, Alfred L. "11 The Tulsa Race Riot Commission, Apology, and Reparation: Understanding the Functions and Limitations of a Historical Truth Commission." In Taking Wrongs Seriously, 234–58. Stanford University Press, 2006. http://dx.doi.org/10.1515/9780804767804-013.

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Halpérin, Jean-Louis. "Chapter 8 Article 231 of the Versailles Treaty and Reparations: The Reparation Commission as a Place for Dispute Settlement?" In Peace Through Law, 193–204. Nomos Verlagsgesellschaft mbH & Co. KG, 2019. http://dx.doi.org/10.5771/9783845299167-193.

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