The Influence of the Lustration Processes on the Post- Communist Transitions in Europe
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Transitional Justice and Civil War: Exploring New Pathways, Challenging Old Guideposts Andrew G
Transitional Justice Review Volume 1 | Issue 1 Article 12 January 2013 Transitional Justice and Civil War: Exploring New Pathways, Challenging Old Guideposts Andrew G. Reiter Mount Holyoke College, [email protected] Tricia D. Olsen University of Denver's Daniels College of Business, [email protected] Leigh A. Payne Univeristy of Oxford, [email protected] Follow this and additional works at: https://ir.lib.uwo.ca/tjreview http://dx.doi.org/10.5206/tjr.2012.1.1.6 Recommended Citation Reiter, Andrew G.; Olsen, Tricia D.; and Payne, Leigh A. (2013) "Transitional Justice and Civil War: Exploring New Pathways, Challenging Old Guideposts," Transitional Justice Review: Vol. 1 : Iss. 1 , Article 12. DOI: http://dx.doi.org/10.5206/tjr.2012.1.1.6 Available at: https://ir.lib.uwo.ca/tjreview/vol1/iss1/12 This Article is brought to you for free and open access by Scholarship@Western. It has been accepted for inclusion in Transitional Justice Review by an authorized editor of Scholarship@Western. For more information, please contact [email protected], [email protected]. Reiter et al.: Transitional Justice and Civil War Transitional Justice Review, Vol.1, Iss.1, 2012, 137-169 Transitional Justice and Civil War: Exploring New Pathways, Challenging Old Guideposts1 Andrew G. Reiter, Mount Holyoke College, Department of Politics [email protected] and Tricia D. Olsen, University of Denver’s Daniels College of Business, Department of Business Ethics and Legal Studies [email protected] and Leigh A. Payne, University of Oxford, Departments of Sociology and Latin American Studies [email protected] Abstract Transitional justice has shifted from its primary use in addressing past atrocities of authoritarian regimes to those acts of violence committed during civil wars. -
Three Studies in Conflict in Studies Three
CHILDREN AND FAMILIES The RAND Corporation is a nonprofit institution that helps improve policy and EDUCATION AND THE ARTS decisionmaking through research and analysis. ENERGY AND ENVIRONMENT HEALTH AND HEALTH CARE This electronic document was made available from www.rand.org as a public service INFRASTRUCTURE AND of the RAND Corporation. TRANSPORTATION INTERNATIONAL AFFAIRS LAW AND BUSINESS Skip all front matter: Jump to Page 16 NATIONAL SECURITY POPULATION AND AGING PUBLIC SAFETY Support RAND SCIENCE AND TECHNOLOGY Browse Reports & Bookstore TERRORISM AND Make a charitable contribution HOMELAND SECURITY For More Information Visit RAND at www.rand.org Explore the Pardee RAND Graduate School View document details Limited Electronic Distribution Rights This document and trademark(s) contained herein are protected by law as indicated in a notice appearing later in this work. This electronic representation of RAND intellectual property is provided for non- commercial use only. Unauthorized posting of RAND electronic documents to a non-RAND website is prohibited. RAND electronic documents are protected under copyright law. Permission is required from RAND to reproduce, or reuse in another form, any of our research documents for commercial use. For information on reprint and linking permissions, please see RAND Permissions. This product is part of the Pardee RAND Graduate School (PRGS) dissertation series. PRGS dissertations are produced by graduate fellows of the Pardee RAND Graduate School, the world’s leading producer of Ph.D.’s in policy analysis. The dissertation has been supervised, reviewed, and approved by the graduate fellow’s faculty committee. Three Studies in Conflict Dissertation Three Studies in Conflict Elizabeth Wilke Elizabeth Wilke This product is part of the Pardee RAND Graduate School (PRGS) dissertation series. -
The Politics of Lustration in Eastern Europe a Dissertation
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by University of Minnesota Digital Conservancy Dealing with Communist Legacies: The Politics of Lustration in Eastern Europe A Dissertation SUBMITTED TO THE FACULTY OF UNIVERSITY OF MINNESOTA BY Ryan Moltz IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY Ron Aminzade, Adviser January 2014 © Ryan Moltz 2014 Acknowledgements This dissertation is in part about the path dependency of politics. In that spirit, I have to begin by thanking Professor James R. Bruce, my undergraduate advisor at Hendrix College. Had I not taken his introduction to sociology course in the spring of 2001, I most certainly would not now be writing a doctoral dissertation in that subject. The key to surviving graduate school is a good support system. I was lucky to have that right from the beginning of my time in Minneapolis. I had the best graduate cohort that I could have hoped for: Ryan Alaniz, Amelia Corl, Shannon Golden, Rachelle Hill, Jeanette Husseman, Heather McLaughlin, Jeremy Minyard, Kirsten O’Brien, and Dan Winchester. My friends Jack Lam, jim saliba, and Tim Ortyl made life off campus especially fun. Tim, you are greatly missed. My dissertation would not have taken this form without the influence of my adviser, Ron Aminzade. Ron always pushed my thinking in new directions, urged me to consider evidence in alternative ways, and provided invaluable feedback at every stage of the research process. The work of several other professors has also profoundly shaped this dissertation. In particular, I acknowledge the influence of Liz Boyle, Joachim Savelsberg, Fionnuala Ni Aolain, Kathryn Sikkink, and Robin Stryker. -
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. -
Media in Tajikistan Caused at Least 50,000 Dead, with Tions
CONTENT 2 I. FOREWORD 3 II. HISTORY 3 War 4 Killing of journalists 5 Newspapers closed, media in exile 6 TV stations closed 7 III. LEGISLATION 7 General 8 Overview of the legal base 8 The Constitution 8 Law “On Press and Other Media” 9 Law “On Television and Radio” 10 Regulations on “Order of Licensing in Sphere of Television and Radio” 10 Criminal code (libel) 11 IV. SYSTEM / STRUCTURE OF MEDIA 11 General 11 Self-censored journalism 13 Lack of professionalism 13 Private radios: a new opening? 14 Media structure 14 Statistics 14 Electronic media 14 State Television 15 Private televisions 16 Financing of TV stations 16 Radio 17 Licensing 18 Press 18 State-owned press 18 Private media 19 Akbarali Sattorov’s press group 20 Sharif Hamdamov’s press group 20 Newspapers with political content 21 Economy of the newspapers 23 V. ACTIVITIES OF INTERNATIONAL ORGANIZATIONS FOREWORD 2 .................................................................................................................................................... I. FOREWORD The weakness of the media in the development of a reasonably plu- fact that the political leadership, Tajikistan is due to many different ralistic and free media system. But, which signed and committed itself to reasons, at the same time structural the absence of the functioning of the freedom of speech and freedom of and linked to the general political, judicial system makes it impossible the media, is the same leadership social and economic circumstances at present to have a basis to under- clearly accused to have been, just a in the country: consequences of the stand and, in the absence of juris- few years ago, directly involved in civil war, loss of competent journal- prudence, what, for example, does numerous murders of journalists. -
The Revolutions of 1989 and Their Legacies
1 The Revolutions of 1989 and Their Legacies Vladimir Tismaneanu The revolutions of 1989 were, no matter how one judges their nature, a true world-historical event, in the Hegelian sense: they established a historical cleavage (only to some extent conventional) between the world before and after 89. During that year, what appeared to be an immutable, ostensibly indestructible system collapsed with breath-taking alacrity. And this happened not because of external blows (although external pressure did matter), as in the case of Nazi Germany, but as a consequence of the development of insuperable inner tensions. The Leninist systems were terminally sick, and the disease affected first and foremost their capacity for self-regeneration. After decades of toying with the ideas of intrasystemic reforms (“institutional amphibiousness”, as it were, to use X. L. Ding’s concept, as developed by Archie Brown in his writings on Gorbachev and Gorbachevism), it had become clear that communism did not have the resources for readjustment and that the solution lay not within but outside, and even against, the existing order.1 The importance of these revolutions cannot therefore be overestimated: they represent the triumph of civic dignity and political morality over ideological monism, bureaucratic cynicism and police dictatorship.2 Rooted in an individualistic concept of freedom, programmatically skeptical of all ideological blueprints for social engineering, these revolutions were, at least in their first stage, liberal and non-utopian.3 The fact that 1 See Archie Brown, Seven Years that Changed the World: Perestroika in Perspective (Oxford: Oxford University Press, 2007), pp. 157-189. In this paper I elaborate upon and revisit the main ideas I put them forward in my introduction to Vladimir Tismaneanu, ed., The Revolutions of 1989 (London and New York: Routledge, 1999) as well as in my book Reinventing Politics: Eastern Europe from Stalin to Havel (New York: Free Press, 1992; revised and expanded paperback, with new afterword, Free Press, 1993). -
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. -
Brookings Doha Center - Stanford University Project on Arab Transitions
CENTER ON DEMOCRACY, DEVELOPMENT & THE RULE OF LAW STANFORD UNIVERSITY BROOKINGS DOHA CENTER - STANFORD UNIVERSITY PROJECT ON ARAB TRANSITIONS PAPER SERIES Number 4, March 2014 PERSONNEL CHANGE OR PERSONAL CHANGE? RETHINKING LIBYA’S POLITICAL ISOLATION LAW ROMAN DAVID AND HOUDA MZIOUDET PROGRAM ON ARAB REFORM AND DEMOCRACY, CDDRL B ROOKINGS The Brookings Institution is a private non-profit organization. Its mission is to conduct high- quality, independent research and, based on that research, to provide innovative, practical recommendations for policymakers and the public. The conclusions and recommendations of any Brookings publication are solely those of its author(s) and do not reflect the views of the Institution, its management, or its scholars. Copyright © 2014 THE BROOKINGS INSTITUTION 1775 Massachusetts Avenue, N.W. Washington, D.C. 20036 U.S.A. www.brookings.edu BROOKINGS DOHA CENTER Saha 43, Building 63, West Bay, Doha, Qatar www.brookings.edu/doha T A B LE OF C ON T EN T S I. Executive Summary ...........................................................................................................1 II. Introduction ......................................................................................................................3 III. The Political Isolation Law and its Alternatives ...............................................................4 IV. Assessing the PIL and its Reconciliatory Alternatives ....................................................7 Establishment of a Trustworthy Government ..........................................................,..7 -
State Memory Politics in Georgia After 1991 and Similarities with the Other Post -Soviet Countries
State Memory Politics in Georgia after 1991 and Similarities with the Other Post -Soviet Countries Megi Kartsivadze Analyst of Archives, Soviet and Memory Studies Direction Institute for Development of Freedom of Information Legal Dimension Lustration . Latvia – Lustration started in 1994 based on the 5000 documents left by the KGB. The persons connected to the secret security services of the Soviet Union and the members of Latvian Communist Party were banned from participating in parliamentary and local elections. Estonia – No documents were left by KGB, so the lustration was mainly voluntaristic. Former high officials of the Soviet Union and the former employees at security services had to report to the state. 1153 people reported and by 2005, 250 names of those individuals, who refused to confess their collaboration with the Soviet intelligence services, were published. Lithuania – In 1998, “Law on the registration, recognition, reporting, and protection of identified persons who secretly collaborated with the former special services of the USSR” was adopted. Around 1500 individuals have reported to the state. Legal Dimension Lustration in Georgia . Due to the political tensions and the fire in the KGB building during the Tbilisi Civil War which destroyed 210 000 archival files, the adoption of the Lustration law in Georgia had been postponed until 2011 when the Parliament of Georgian finally adopted the Freedom Charter. Freedom Charter encompasses three main directions: 1. Anti-terrorist activities 2. Lustration 3. Prohibition of the -
Lustration and Consolidation of Democracy and the Rule of Law in Central and Eastern Europe Series of Political Science Research Centre Forum Book 5
Lustration and Consolidation of Democracy and the Rule of Law in Central and Eastern Europe Series of Political Science Research Centre Forum Book 5 Series Editors: Erna Matanović Anđelko Milardović Davor Pauković Davorka Vidović Publisher: © Political Science Research Centre Zagreb, 2007 ISBN 978-953-7022-18-1 CIP record is available in an electronic catalog of National and University Library numbered XXXXXX LUSTRATION AND CONSOLIDATION OF DEMOCRACY AND THE RULE OF LAW IN CENTRAL AND EASTERN EUROPE Editors: Vladimira Dvořáková Anđelko Milardović This volume was published with the financial support of the Konrad-Adenauer-Stiftung www.cpi.hr Zagreb, 2007 Contents Preface ............................................................................................... 7 Stefanie Ricarda Roos Introduction .................................................................................... 11 Vladimíra Dvořáková I. Theoretical and conceptual approach 1. Lustration and Access to the Files of the Secret Police in Central Europe ..................................................................... 19 Gábor Halmai 2. (In)surpassable Barriers to Lustration: quis custodiet ipsos custodes? ......................................................................... 47 Alan Uzelac 3. In Search of a Theoretical Model of Transitional Justice ....... 65 Raluca Ursachi 4. Elites in the Waves of Democratization and the Lustration .... 85 Anđelko Milardović 5. Church: Between Lustration and the Crisis of Lustration .... 111 Ivan Markešić 6. Dilemmas of Transitional -
“Lustration in the Case-Law of the Constitutional Courts of Czechoslovakia and the Czech Republic”
Strasbourg, 19 November 2015 CDL-PI(2015)024 Engl. only EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW (VENICE COMMISSION) in co-operation with THE INSTITUTE OF INTERNATIONAL RELATIONS PRAGUE – IIR funded by a voluntary contribution from the Government of Azerbaijan for the Venice Commission’s activities CONFERENCE ON “PAST AND PRESENT-DAY LUSTRATION: SIMILARITIES, DIFFERENCES, APPLICABLE STANDARDS” Hosted by the Ministry of Foreign Affairs of the Czech Republic ČERNÍN PALACE Prague, Czech Republic, 7 September 2015 (8h30 – 16h00) REPORT “LUSTRATION IN THE CASE-LAW OF THE CONSTITUTIONAL COURTS OF CZECHOSLOVAKIA AND THE CZECH REPUBLIC” by Ms Katerina SIMAČKOVA (Judge at the Constitutional Court of the Czech Republic, Substitute Member) This document will not be distributed at the meeting. Please bring this copy. www.venice.coe.int - 2 - The contribution deals with the Czech legal experience with lustration. It begins with a short introduction to the Czechoslovak and Czech constitutional case-law concerning the dealing with the communist past. The main part of the article focuses on two fundamental decisions of the Constitutional Court of the Czech and Slovak Federal Republic (“Czechoslovak Constitutional Court”) and the Constitutional Court of the Czech Republic (“Czech Constitutional Court”), so called judgements Lustration I and Lustration II. After outlining the context of the cases before the Constitutional Courts (the Lustration Acts) a detailed delineation of the two decisions follows. The contribution finishes with a brief description of the current state of affairs regarding lustration in the Czech Republic, pointing out also several interesting observations from the Czech lustration practice. 1. Dealing with the communist past in the case-law of the Constitutional Court of the Czech and Slovak Federal Republic and the Constitutional Court of the Czech Republic There are three main decision-making lines in the case-law of Czechoslovak and Czech constitutional courts regarding the dealing with the communist past. -
How to Capture a Nation: the Evolution and Implications of Ukrainian Corruption By
How to Capture a Nation: The Evolution and Implications of Ukrainian Corruption by Shawn Shinder An honors thesis submitted in partial fulfillment of the requirements for the degree of Bachelor of Science Undergraduate College Leonard N. Stern School of Business New York University May 2020 Professor Marti G. Subrahmanyam Professor Emerita Barbara G. Katz Faculty Adviser Thesis Adviser Abstract This paper studies the processes by which corruption spread throughout Ukraine, and the economic implications of this corruption. First, I utilize qualitative research to demonstrate the relationship between networks of informal exchange and corruption. Second, I determine how societal attitudes and tendencies augment the spread of corruption’s speed and scope. Third, I show how Ukraine’s political system has accelerated, rather than hindered, the normalization and proliferation of corruption. Finally, I test for the effects corruption has had on key macroeconomic indicators such as economic output, inflation, and productive inputs. The key methodology behind the research is ordinary least squares (OLS) regression, bivariate plots, qualitative analysis, and basic statistical methods. JEL classification: D73 Keywords: Ukraine, Corruption, Social networks, Inflation Disclaimer This thesis was researched and written concurrently for another course, also in partial fulfillment of my degree. As such, some portions may overlap with “BPE Senior Paper: Capturing a Nation,” submitted 23 December 2019. Acknowledgements I want to especially thank my father, Alexander Shinder. Although he was not able to see the finished product, he spent many beleaguered hours helping me break through the writer’s block and guide my ideas in the right direction. In Jewish custom, the father is obligated to teach his son to swim, which many rabbis interpret as teaching independence.