DOCSLIB.ORG

Justice As Prevention

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text

Load more

JUSTICE AS PREVENTION Vetting Public Employees in Transitional Societies EDITED BY ALEXANDER MAYER-RIECKH & PABLO DE GREIFF INTERNATIONAL CENTER FOR TRANSITIONAL JUSTICE Advancing Transitional Justice Series JUSTICE AS PREVENTION ADvancinG TRANSITIONAL JUSTICE SERIES JUSTICE AS PREVENTION Vetting Public Employees in Transitional Societies EDITED BY ALEXANDER MAYER-RIECKH AND PABLO DE GREIFF, INTERNATIONAL CENTER FOR TRANSITIONAL JUSTICE SOCIAL SCIENCE RESEARCH COUNCIL • neW YORK • 2007 internationaL CENTER FOR TRANSITIONAL JUSTICE The International Center for Transitional Justice (ICTJ) assists countries pursuing account- ability for past mass atrocity or human rights abuse. The Center works in societies emerging from repressive rule or armed conflict, as well as in established democracies where histori- cal injustices or systemic abuse remain unresolved. In order to promote justice, peace, and reconciliation, government officials and non- governmental advocates are likely to consider a variety of transitional justice approaches including both judicial and nonjudicial responses to human rights crimes. The ICTJ assists in the development of integrated, comprehensive, and localized approaches to transitional justice comprising five key elements: prosecuting perpetrators, documenting and acknowl- edging violations through nonjudicial means such as truth commissions, reforming abusive institutions, providing reparations to victims, and facilitating reconciliation processes. The field of transitional justice is varied and covers a range of disciplines, including law, public policy, forensics, economics, history, psychology, and the arts. The ICTJ works to develop a rich understanding of the field as a whole, and to identify issues that merit more in-depth research and analysis. Collaborating with colleagues in transitional societies and often commissioning outside studies, the Center targets its research to address the complex issues confronting policymakers and activists. Identifying and addressing the most impor- tant gaps in scholarship, it provides the benefit of comparative analysis to its staff and to practitioners worldwide. SOCIAL SCIENCE RESEARCH COUNCIL The Social Science Research Council (SSRC) leads innovation, builds interdisciplinary and international networks, and focuses research on important public issues. Independent and not-for-profit, the SSRC is guided by the belief that justice, prosperity, and democracy all require better understanding of complex social, cultural, economic, and political pro- cesses. The SSRC works with practitioners, policymakers, and academic researchers in all the social sciences, related professions, and the humanities and natural sciences. With part- ners around the world, the Council mobilizes existing knowledge for new problems, links research to practice and policy, strengthens individual and institutional capacities for learn- ing, and enhances public access to information. The SSRC brings necessary knowledge to public action. A new publications initiative, represented here in this co-publication with the ICTJ, complements and enhances the SSRC’s mission to disseminate necessary knowl- edge in innovative ways. © 2007 Social Science Research Council All rights reserved. No part of this book may be reproduced in any form without written permission from the publisher. Published by the Social Science Research Council Printed in the United States of America Distributed by the Chicago Distribution Center Designed by Julie Fry Cover photograph by Carmelo Bongiorno (Photonica/Getty Images) Library of Congress Cataloging-in-Publication Data Justice as prevention : vetting public employees in transitional societies / edited by Alexander Mayer- Rieckh and Pablo de Greiff ; introduction by Roger Duthie. p. cm. isbn-13 978-0-9790772-1-0 (alk. paper) isbn-10 0-9790772-1-4 (alk. paper) 1. Public officers — Dismissal of. 2. Public officers — Discipline. 3. Civil service. 4. Administrative responsibility. 5. Human rights. 6. Crimes against humanity. I. de Greiff, Pablo. II. Mayer-Rieckh, Alexander. k3442.j87 2006 342.068 — dc22 2007010640 CONTENTS 9 CONTRIBUTORS 15 ACKNOWLEDGMENTS 16 INTRODUCTION Roger Duthie PART I: CASE STUDIES 40 CHAPTER 1 Strengthening Democracy: Impugnación Procedures in Argentina Valeria Barbuto 80 CHAPTER 2 The Struggle for Lasting Reform: Vetting Processes in El Salvador Rubén Zamora with David Holiday 120 CHAPTER 3 Swift Gradualism and Variable Outcomes: Vetting in Post-Authoritarian Greece Dimitri A. Sotiropoulos 146 CHAPTER 4 Institutional Transformation and the Choice Against Vetting in South Africa’s Transition Jonathan Klaaren 180 CHAPTER 5 Vetting to Prevent Future Abuses: Reforming the Police, Courts, and Prosecutor’s Offices in Bosnia and Herzegovina Alexander Mayer-Rieckh 222 CHAPTER 6 The Politics of the Lustration Law in Poland, 1989 – 2006 Adam Czarnota 260 CHAPTER 7 Lustration as Political Competition: Vetting in Hungary Elizabeth Barrett, Péter Hack, and Ágnes Munkácsi 308 CHAPTER 8 Oppressors and Their Victims: The Czech Lustration Law and the Rule of Law Jiri Priban 348 CHAPTER 9 The Shield, the Sword, and the Party: Vetting the East German Public Sector Christiane Wilke PART II: THEMatic STUDIES 402 CHAPTER 10 Gathering and Managing Information in Vetting Processes Serge Rumin 448 CHAPTER 11 Due Process and Vetting Federico Andreu-Guzmán 482 CHAPTER 12 On Preventing Abuse: Vetting and Other Transitional Reforms Alexander Mayer-Rieckh 522 CHAPTER 13 Vetting and Transitional Justice Pablo de Greiff 546 APPENDIX Vetting Public Employees in Post-Conflict Settings: Operational Guidelines Contributors Federico Andreu-Guzmán is deputy secretary-general of the International Com- mission of Jurists (ICJ) in Geneva. He previously served as legal adviser for the Americas and Asian regions at Amnesty International in London; officer of the Special Unit on Investigation in the UN Human Rights Mission in Rwanda in Kigali; director of the International Office for Human Rights — Action on Colombia in Belgium; deputy secretary-general on Latin America at the Inter- national Federation of Human Rights; and officer of the Special Unit on Inves- tigation in the UN/Organization of American States (OAS) Civilian Mission on Haiti. He has been a consultant for the UN High Commissioner for Human Rights and the Haitian National Commission on Truth and Justice. He teaches human rights at the Academy on Human Rights and Humanitarian Law. His publications include the two-volume Military Jurisdiction and International Law (ICJ, forthcoming). Valeria Barbuto studied anthropology at the University of Buenos Aires (UBA) and holds a master’s degree in cultural studies from the Institute of Advanced Social Sciences at the University of San Martín (UNSAM). She currently works for the Memory and Fight Against Impunity for State Terrorism Program at the Center for Social and Legal Studies [Centro de Estudios Legales y Sociales (CELS)] in Argentina. Among its more important tasks, this program brings criminal cases against those responsible for crimes of the last military dicta- torship; seeks to promote a culture of human rights respect through the pres- ervation of social memory and the provision of reparations to victims; works to declassify archives from the dictatorship period; and develops strategies for establishing democratic institutions. Elizabeth Barrett is based at Oxford University, where she is researching a PhD on political corruption in Central and Eastern Europe (CEE). Her other recent research has focused on the role of informal networks in the privatization process in CEE and on lustration policy in the region. From 1999 to 2001, she was based in Zagreb, Croatia, as correspondent for The Economist and Busi- 9 CONTRIBUTORS ness Central Europe. Prior to that, she was editor of the East Europe Daily Brief at Oxford Analytica. She graduated from Oxford and London universities. Adam Czarnota is professor of law at the University of New South Wales and co-director of the European Law Center at the same university. He is also a senior fellow in the Contemporary Europe Research Center at Melbourne University. He was previously a visiting scholar at the European University Institute, senior lecturer at Maquarie University, a fellow at the Collegium Budapest/Institute for Advanced Study, and a visiting professor in the Bialys- tok Faculty of Law at Warsaw University. He is review editor for Jus et Lex, and teaches legal theory and sociology of law. He is working on a book on legal strategies for dealing with the past. Pablo de Greiff is the director of research at the International Center for Transi- tional Justice in New York. Born in Colombia, he graduated from Yale Univer- sity (BA) and Northwestern University (PhD). Before joining the ICTJ he was associate professor (with tenure) in the Philosophy Department at the State University of New York at Buffalo, where he taught ethics and political theory. He has published articles on transitions to democracy, democratic theory, and the relationship between morality, politics, and law. He is the editor of seven books including Global Justice and Transnational Politics (MIT Press, 2002), and Jürgen Habermas’s The Inclusion of the Other (MIT Press, 1998). During 2000- 2001, he was Laurance S. Rockefeller Fellow at the Center for Human Values, Princeton University, and held a concurrent fellowship from the National Endowment for the Humanities. At the ICTJ, among other projects, he directed a large-scale project on reparations, originally
Recommended publications
  • South·Africa in Transition

    South·Africa in Transition

    POLITICS OF HOPE AND TERROR: South ·Africa in Transition Report on Violence in South Africa by an American Friends Service Committee Study Team November 1992 The American Friends Service Committee's concern over Southern Africa has grown out of over 60 years of relationships since the first visit by a representative of the organization. In 1982 the AFSC Board of Directors approved the release of a full length book, Challenge and Hope, as a statement of its views on South Africa. Since 1977 the AFSC has had a national Southern Africa educational program in its Peace Education Division. AMERICAN FRIENDS SERVICE COMMITTEE 1501 Cherry Street Philadelphia, PA 19102 (215) 241-7000 AFSC REGIONAL OFFICES: Southeastern Region, Atlanta, Georgia 30303, 92 Piedmont Avenue, NE; Middle Atlantic Region, Baltimore, Maryland 21212, 4806 York Road; New England Region, Cambridge, Massachusetts 02140, 2161 Massachusetts Avenue; Great Lakes Region, Chicago, Illinois 60605, 59 E. Van Buren Street, Suite 1400; North Central Region, Des Moines, Iowa 50312, 4211 Grand Avenue; New York Metropolitan Region, New York, New York 10003, 15 Rutherford Place; Pacific Southwest Region, Pasadena, California 91103, 980 N. Fair Oaks Avenue; Pacific Mountain Region, San Francisco, California 94121,2160 Lake Street; Pacific Northwest Region, Seattle, Washington 98105, 814 N.E. 40th Street. CONTENTS II THE AFSC DELEGATION 1 PREFACE III POLITICS OF HOPE AND TERROR: South Africa in Transition 1 THE BASIC VIOLENCE 2 ANALYZING THE VIOLENCE 5 THE HIDDEN HAND 7 RETALIATION 9 POLICE INVESTIGATIONS 11 LESSONS FROM THE BOIPATONG MASSACRE 12 HOMELAND VIOLENCE IN CISKEI AND KWAZULU 13 HOMELAND LEADERS BUTHELEZI AND GQOZO 16 CONCLUSION 19 RECOMMENDATIONS 20 ACRONYMS 21 TEAM INTERVIEWS AND MEETINGS 22 THE AFSC DELEGATION TO SOUTH AFRICA The American Friends Service Committee's Board of Directors approved a proposal in June 1992 for a delegation to visit South Africa to study the escalating violence there.
  • South Africa

    South Africa

    Safrica Page 1 of 42 Recent Reports Support HRW About HRW Site Map May 1995 Vol. 7, No.3 SOUTH AFRICA THREATS TO A NEW DEMOCRACY Continuing Violence in KwaZulu-Natal INTRODUCTION For the last decade South Africa's KwaZulu-Natal region has been troubled by political violence. This conflict escalated during the four years of negotiations for a transition to democratic rule, and reached the status of a virtual civil war in the last months before the national elections of April 1994, significantly disrupting the election process. Although the first year of democratic government in South Africa has led to a decrease in the monthly death toll, the figures remain high enough to threaten the process of national reconstruction. In particular, violence may prevent the establishment of democratic local government structures in KwaZulu-Natal following further elections scheduled to be held on November 1, 1995. The basis of this violence remains the conflict between the African National Congress (ANC), now the leading party in the Government of National Unity, and the Inkatha Freedom Party (IFP), the majority party within the new region of KwaZulu-Natal that replaced the former white province of Natal and the black homeland of KwaZulu. Although the IFP abandoned a boycott of the negotiations process and election campaign in order to participate in the April 1994 poll, following last minute concessions to its position, neither this decision nor the election itself finally resolved the points at issue. While the ANC has argued during the year since the election that the final constitutional arrangements for South Africa should include a relatively centralized government and the introduction of elected government structures at all levels, the IFP has maintained instead that South Africa's regions should form a federal system, and that the colonial tribal government structures should remain in place in the former homelands.
  • Helsinki Watch Committees in the Soviet Republics: Implications For

    Helsinki Watch Committees in the Soviet Republics: Implications For

    FINAL REPORT T O NATIONAL COUNCIL FOR SOVIET AND EAST EUROPEAN RESEARC H TITLE : HELSINKI WATCH COMMITTEES IN THE SOVIET REPUBLICS : IMPLICATIONS FOR THE SOVIET NATIONALITY QUESTIO N AUTHORS : Yaroslav Bilinsky Tönu Parming CONTRACTOR : University of Delawar e PRINCIPAL INVESTIGATORS : Yaroslav Bilinsky, Project Director an d Co-Principal Investigato r Tönu Parming, Co-Principal Investigato r COUNCIL CONTRACT NUMBER : 621- 9 The work leading to this report was supported in whole or in part fro m funds provided by the National Council for Soviet and East European Research . NOTICE OF INTENTION TO APPLY FOR COPYRIGH T This work has been requested for manuscrip t review for publication . It is not to be quote d without express written permission by the authors , who hereby reserve all the rights herein . Th e contractual exception to this is as follows : The [US] Government will have th e right to publish or release Fina l Reports, but only in same forma t in which such Final Reports ar e delivered to it by the Council . Th e Government will not have the righ t to authorize others to publish suc h Final Reports without the consent o f the authors, and the individua l researchers will have the right t o apply for and obtain copyright o n any work products which may b e derived from work funded by th e Council under this Contract . ii EXEC 1 Overall Executive Summary HELSINKI WATCH COMMITTEES IN THE SOVIET REPUBLICS : IMPLICATIONS FOR THE SOVIET NATIONALITY QUESTION by Yaroslav Bilinsky, University of Delawar e d Tönu Parming, University of Marylan August 1, 1975, after more than two years of intensive negotiations, 35 Head s of Governments--President Ford of the United States, Prime Minister Trudeau of Canada , Secretary-General Brezhnev of the USSR, and the Chief Executives of 32 othe r European States--signed the Final Act of the Conference on Security and Cooperatio n in Europe (CSCE) .
  • Appointments to South Africa's Constitutional Court Since 1994

    Appointments to South Africa's Constitutional Court Since 1994

    Durham Research Online Deposited in DRO: 15 July 2015 Version of attached le: Accepted Version Peer-review status of attached le: Peer-reviewed Citation for published item: Johnson, Rachel E. (2014) 'Women as a sign of the new? Appointments to the South Africa's Constitutional Court since 1994.', Politics gender., 10 (4). pp. 595-621. Further information on publisher's website: http://dx.doi.org/10.1017/S1743923X14000439 Publisher's copyright statement: c Copyright The Women and Politics Research Section of the American 2014. This paper has been published in a revised form, subsequent to editorial input by Cambridge University Press in 'Politics gender' (10: 4 (2014) 595-621) http://journals.cambridge.org/action/displayJournal?jid=PAG Additional information: Use policy The full-text may be used and/or reproduced, and given to third parties in any format or medium, without prior permission or charge, for personal research or study, educational, or not-for-prot purposes provided that: • a full bibliographic reference is made to the original source • a link is made to the metadata record in DRO • the full-text is not changed in any way The full-text must not be sold in any format or medium without the formal permission of the copyright holders. Please consult the full DRO policy for further details. Durham University Library, Stockton Road, Durham DH1 3LY, United Kingdom Tel : +44 (0)191 334 3042 | Fax : +44 (0)191 334 2971 https://dro.dur.ac.uk Rachel E. Johnson, Politics & Gender, Vol. 10, Issue 4 (2014), pp 595-621. Women as a Sign of the New? Appointments to South Africa’s Constitutional Court since 1994.
  • The Nordic Countries and the European Security and Defence Policy

    The Nordic Countries and the European Security and Defence Policy

    bailes_hb.qxd 21/3/06 2:14 pm Page 1 Alyson J. K. Bailes (United Kingdom) is A special feature of Europe’s Nordic region the Director of SIPRI. She has served in the is that only one of its states has joined both British Diplomatic Service, most recently as the European Union and NATO. Nordic British Ambassador to Finland. She spent countries also share a certain distrust of several periods on detachment outside the B Recent and forthcoming SIPRI books from Oxford University Press A approaches to security that rely too much service, including two academic sabbaticals, A N on force or that may disrupt the logic and I a two-year period with the British Ministry of D SIPRI Yearbook 2005: L liberties of civil society. Impacting on this Defence, and assignments to the European E Armaments, Disarmament and International Security S environment, the EU’s decision in 1999 to S Union and the Western European Union. U THE NORDIC develop its own military capacities for crisis , She has published extensively in international N Budgeting for the Military Sector in Africa: H management—taken together with other journals on politico-military affairs, European D The Processes and Mechanisms of Control E integration and Central European affairs as E ongoing shifts in Western security agendas Edited by Wuyi Omitoogun and Eboe Hutchful R L and in USA–Europe relations—has created well as on Chinese foreign policy. Her most O I COUNTRIES AND U complex challenges for Nordic policy recent SIPRI publication is The European Europe and Iran: Perspectives on Non-proliferation L S Security Strategy: An Evolutionary History, Edited by Shannon N.
  • Lustration Laws in Action: the Motives and Evaluation of Lustration Policy in the Czech Republic and Poland ( 1989-200 1 ) Roman David

    Lustration Laws in Action: the Motives and Evaluation of Lustration Policy in the Czech Republic and Poland ( 1989-200 1 ) Roman David

    Lustration Laws in Action: The Motives and Evaluation of Lustration Policy in the Czech Republic and Poland ( 1989-200 1 ) Roman David Lustration laws, which discharge the influence of old power structures upon entering democracies, are considered the most controversial measure of transitional justice. This article suggests that initial examinations of lustrations have often overlooked the tremendous challenges faced by new democracies. It identifies the motives behind the approval of two distinctive lustration laws in the Czech Republic and Poland, examines their capacity to meet their objectives, and determines the factors that influence their perfor- mance. The comparison of the Czech semi-renibutive model with the Polish semi-reconciliatory model suggests the relative success of the fonner within a few years following its approval. It concludes that a certain lustration model might be significant for democratic consolidation in other transitional coun- tries. The Czech word lustrace and the Polish lustrucju have enlivened the forgotten English term lustration,’ which is derived from the Latin term lus- Roman David is a postdoctoral fellow at the law school of the University of the Witwa- tersrand, Johannesburg, South Africa ([email protected]; [email protected]). The original version of the paper was presented at “Law in Action,” the joint annual meeting of the Law and Society Association and the Research Committee on the Sociology of Law, Budapest, 4-7 July 2001. The author thanks the University for providing support in writing this paper; the Research Support Scheme, Prague (grant no. 1636/245/1998), for financing the fieldwork; Jeny Oniszczuk from the Polish Constitutional Tribunal for relevant legal mate- rials; and Christopher Roederer for his comments on the original version of the paper.
  • Advisory Service on International Humanitarian Law

    Advisory Service on International Humanitarian Law

    ADVISORY SERVICE ON INTERNATIONAL HUMANITARIAN LAW NATIONAL COMMITTEES AND SIMILAR BODIES ON INTERNATIONAL HUMANITARIAN LAW (25 January 2021) NATIONAL COMMITTEES AND SIMILAR BODIES ON INTERNATIONAL HUMANITARIAN LAW As of 25 January 2021 (total by region) EUROPE CENTRAL ASIA ASIA & PACIFIC THE AMERICAS AFRICA MIDDLE EAST Austria Kazakhstan Australia Argentina Algeria Bahrain Belarus Kyrgyzstan Bangladesh Bolivia Benin Egypt Belgium Tajikistan China (People’s Republic of) Brazil Botswana Iran (Islamic Republic of) Bulgaria Turkmenistan Cook Islands Canada Burkina Faso Iraq Croatia Indonesia Chile Cabo Verde Jordan Cyprus Japan Colombia Comoros Kuwait Czech Republic Kiribati Costa Rica Côte d'Ivoire Lebanon Denmark Malaysia Dominican Republic Eswatini Oman Finland Mongolia1* El Salvador Gambia Palestine France Nepal Ecuador Guinea-Bissau Qatar Georgia New Zealand Guatemala Kenya Saudi Arabia Germany Papua New Guinea Honduras Lesotho Syrian Arab Republic Greece Philippines Mexico Liberia United Arab Emirates Hungary Republic of Korea (the) Nicaragua Libya Yemen Iceland Samoa Panama Madagascar Ireland Sri Lanka Paraguay Malawi Italy (two committees) Vanuatu Peru Mauritius Lithuania Trinidad & Tobago Morocco Netherlands Uruguay Namibia Republic of North Macedonia Venezuela Niger Poland (two committees) Nigeria Republic of Moldova Senegal Romania Seychelles Slovakia Sierra Leone Slovenia South Africa Spain Sudan Sweden (two committees) Togo Switzerland Tunisia Ukraine Uganda United Kingdom Zambia Zimbabwe TOTAL: 30 TOTAL: 4 TOTAL: 17 TOTAL:
  • France 2014 Human Rights Report

    France 2014 Human Rights Report

    FRANCE 2014 HUMAN RIGHTS REPORT EXECUTIVE SUMMARY France is a multi-party constitutional democracy. The president of the republic is elected by popular vote for a five-year term. Voters elected Francois Hollande to that position in 2012. The upper house (Senate) of the bicameral parliament is elected indirectly through an electoral college, while the public elects the lower house (National Assembly) directly. The 2012 presidential and National Assembly elections and the 2014 elections for the Senate were considered free and fair. Authorities generally maintained effective control over the security forces. The most significant human rights problems during the year included an increasing number of anti-Semitic incidents. Anti-Semitic incidents and violence surged during the summer in connection with public protests against Israeli actions in Gaza. Government evictions of Roma from illegal camps, as well as overcrowded and unhygienic prisons, and problems in the judicial system, including lengthy pretrial detention and protracted investigations and trials, continued. Other reported human rights problems included instances of excessive use of force by police, societal violence against women, anti-Muslim incidents, and trafficking in persons. The government took steps to prosecute and punish security forces and other officials who committed abuses. Impunity was not widespread. Note: The country includes 11 overseas administrative divisions covered in this report. Four overseas territories in French Guiana, Guadeloupe, Martinique, and La Reunion have the same political status as the 22 metropolitan regions and 101 departments on the mainland. Five divisions are overseas “collectivities”: French Polynesia, Saint-Barthelemy, Saint-Martin, Saint-Pierre and Miquelon, and Wallis and Futuna.
  • Summary of AG-021 United Nations Department of Political Affairs (1992-Present)

    Summary of AG-021 United Nations Department of Political Affairs (1992-Present)

    Summary of AG-021 United Nations Department of Political Affairs (1992-present) Title United Nations Department of Political Affairs (1992-present) Active Dates 1914-2009 Administrative History The Secretary-General, in a February 1992 note (A/46/882) announced a number of changes related to the restructuring of the United Nations Secretariat, with effect from 1 March 1992. He stated that the changes in the departments and top echelon of the Secretariat were intended to consolidate and streamline the Organization's activities into well-defined functional categories. The main aspects of the restructuring included the establishment of the Department of Political Affairs headed by two Under-Secretaries-General (USGs) with clearly defined geographical responsibilities and functions. The new Department of Political Affairs incorporates the activities of the former Office for Political and General Assembly Affairs and Secretariat Services; Office for Research and the Collection of Information; Department of Political and Security Council Affairs; Department for Special Political Questions, Regional Cooperation, Decolonization and Trusteeship; and the Department of Disarmament Affairs. The Under-Secretaries-General for 1992 was James O.C. Jonah and Vladimir F. Petrovsky, and for 1993 was Marrack Goulding and James O. C. Jonah. The Under-Secretary-General for 1994-1996 was Marrack I. Goulding, followed by Kieran Prendergast (1997-2005), Ibrahim Gambari (2005-2006), and B. Lynn Pascoe (2007-present). Disarmament Affairs was under the mandate of DPA for the span of 1992-1997. Office of Disarmament Affairs (1992-1993) - The Office of Disarmament Affairs was a part of the Department of Political Affairs from 1992 until 1993, and then was renamed the Centre for Disarmament Affairs.
  • UC Berkeley UC Berkeley Electronic Theses and Dissertations

    UC Berkeley UC Berkeley Electronic Theses and Dissertations

    UC Berkeley UC Berkeley Electronic Theses and Dissertations Title Protest or Politics? Varieties of Teacher Representation in Latin America Permalink https://escholarship.org/uc/item/4rc371rp Author Chambers-Ju, Christopher Publication Date 2017 Peer reviewed|Thesis/dissertation eScholarship.org Powered by the California Digital Library University of California Protest or Politics? Varieties of Teacher Representation in Latin America By Christopher Chambers-Ju A dissertation submitted in partial satisfaction of the requirements for the degree of Doctor of Philosophy in Political Science in the Graduate Division of the University of California, Berkeley Committee in charge: Professor Jonah Levy, Co-Chair Professor Ruth Berins Collier, Co-Chair Professor David Collier Professor Laura Stoker Professor Kim Voss Summer 2017 Abstract Protest or Politics? Varieties of Teacher Representation in Latin America by Christopher Chambers-Ju Doctor of Philosophy in Political Science University of California, Berkeley Professor Jonah Levy, Co-Chair Professor Ruth Berins Collier, Co-Chair Scholars of Latin American politics have made contrasting predictions about the prospects for contemporary group-based interest representation. Some argue that democratization creates an opportunity for societal groups to intensify their participation in politics. The expansion of political rights, alongside free and fair elections, creates space for all major groups to take part in politics, crucially those excluded under authoritarian rule. Other scholars, by contrast, maintain that neoliberal economic reforms fragment and demobilize major groups. Changes in the economic model, they suggest, have severe consequences for labor organizations, which now have a limited political repertoire. My research challenges both of these claims, showing how the consequences of democracy and neoliberalism, rather than being uniform, have been uneven.
  • Wojciech Roszkowski Post-Communist Lustration in Poland: a Political and Moral Dilemma Congress of the Societas Ethica, Warsaw 22 August 2009 Draft Not to Be Quoted

    Wojciech Roszkowski Post-Communist Lustration in Poland: a Political and Moral Dilemma Congress of the Societas Ethica, Warsaw 22 August 2009 Draft Not to Be Quoted

    Wojciech Roszkowski Post-Communist Lustration in Poland: a Political and Moral Dilemma Congress of the Societas Ethica, Warsaw 22 August 2009 Draft not to be quoted 1. Introduction Quite recently a well-known Polish writer stated that the major dividing line in the Polish society runs across the attitude towards lustration. Some Poles, he said, have been secret security agents or collaborators or, for some reasons, defend this cooperation, others have not and want to make things clear1. Even if this statement is a bit exaggerated, it shows how heated the debates on lustration in Poland are. Secret services in democratic countries are a different story than security services in totalitarian states. Timothy Garton Ash even calls this comparison “absurd”2. A democratic state is, by definition, a common good of its citizens. Some of them are professionals dealing with the protection of state in police, armed forces and special services, all of them being subordinated to civilian, constitutional organs of the state. Other citizens are recruited by these services extremely rarely and not without their consent. In totalitarian states secret services are the backbone of despotic power of the ruling party and serve not the security of a country but the security of the ruling elites. Therefore they should rather be given the name of security services. They tend to bring under their control all aspects of political, social, economic, and cultural life of the subjects of the totalitarian state, becoming, along with uniformed police and armed forces, a pillar of state coercion. Apart from propaganda, which is to make people believe in the ideological goals of the totalitarian state, terror is the main vehicle of power, aiming at discouraging people from any thoughts and deeds contrary to the said goals and even from any activity independent of the party-state.
  • One Hundred Years of the Kwazulu-Natal Bench by LB Broster SC, a Coutsoudis and AJ Boulle, Kwazulu-Natal Bar

    One Hundred Years of the Kwazulu-Natal Bench by LB Broster SC, a Coutsoudis and AJ Boulle, Kwazulu-Natal Bar

    SA JUDICIARY100 YEARS OLD Juta, Kotzé and rule from 1949-1959), and Munnik CJ (from 1981-1992). Hlophe Menzies who were CJ, the first black JP of the division, is perhaps the best-known of either judges of the the current group of Judges President in the country. Amongst court or members of other things, he was responsible for the controversial decision in the families of judges of dispute between the Pharmaceutical Society of South Africa, New the court. Clicks South Africa (Pty) Ltd and the Minister of Health (New Clicks Perhaps the most South Africa (Pty) Ltd v Tshabalala-Msimang and Another NNO; well-known advocate Pharmaceutical Society of South Africa and Others v Tshabalala- ever to practise in Msimang and Another NNO 2005 (2) SA 530 (C)). the Cape was Harry The CPD also made important contributions to the development Snitcher QC, who also of the new constitutional law in cases such as the Grootboom deci- acted for appellants sion that enforced the right to housing (Government of the Republic Judge President John Hlophe, in the Harris decision, and Cape High Court of South Africa and Others v Grootboom and Others 2001 (1) SA 46 many another similar cause (CC)) and the Metrorail decision which enforced the right to life (Rail celebre. Commuters Action Group and Others v Transnet Ltd t/a Metrorail Of the Judges President of the court, several stand out purely and Others 2005 (2) SA 359 (CC)). because of the long duration of their tenure. These were Van Zyl CJ In this way the division has contributed to a process of constitu- (who took the court through the difficult years of the aftermath of tional development - from Slave Lodge to beacon of Good Hope.