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Negotiating the Future: the Media's Role In Negotiating the Future: The Media’s Role in Transitional Justice Maria Mejer Rae Submitted in total fulfilment of the requirements of Doctor of Philosophy December 2016 School of Social and Political Sciences Faculty of Arts University of Melbourne 1 Abstract: Transitional justice has become a global norm and practice yet some advocates continue to use the media alongside law to pursue justice for state crimes. This thesis examines why they do so and what this can tell us about the current limits of transitional justice and possible ways forward. My thesis undertakes a comparative case study analysis of Sri Lanka, Argentina and Australia to address these questions. In taking an empirical bottom-up approach, it draws primarily on interviews with 21 advocates centrally involved with legal claims against the state, about their perceptions, beliefs and experiences of the relationship between the media and transitional justice, alongside an analysis of key texts. The thesis finds that these ‘justice advocates’ turn to the media as a parallel justice forum that at times intersects with law to provide a public space for accountability and truth-telling. It shows how the media is used alongside law to make justice claims heard in the public sphere and to put pressure on the state to enact political and social reform. The media is also used as a tool to influence public opinion, mobilize action and apply pressure on international legal and political institutions to respond to human rights violations. However, the media’s complicity in or indifference to state crimes can place limits on its capacity to play a formal role in transitional justice. In drawing on Habermas’ public sphere conceptual framework, this thesis concludes that the media’s role in transitional justice can be conceived as an accountability mechanism that communicates opinion between civil society and the state. In light of this, it argues that transitional justice projects may consider providing an official democratic forum so citizens can participate in discussing, debating and negotiating what the future looks like in a post-conflict society. This space of public deliberation could be an official platform for justice advocates to make claims and be heard. In doing so, this space encompasses a grassroots approach that encourages citizens to participate in negotiations about the future of a post-conflict society. Subsequently, transitional justice projects may facilitate a more deliberative process for public opinion to be formed about how society wants the state to respond to human rights violations. 2 This is to certify that i. the thesis comprises only my original work towards the PhD except where indicated in the Preface, ii. due acknowledgment has been made in the text to all other material used, iii. the thesis is less than 100,000 words in length, exclusive of tables, maps, bibliographies and appendices. Maria Rae 3 Acknowledgments First and foremost, my deepest thanks go to those who spoke so openly to me about their fight for justice and who were incredibly generous with their time, knowledge and hospitality. Their courage and tenacity is inspiring and has been a constant motivation for this thesis – it would never have been written without their contribution. I hope in some small way it helps in letting the world know what happened in their homeland. The guidance, wisdom, and encouragement from my supervisors Jennifer Balint and Julie Evans were a strong source of support. The opportunities they offered me helped launch my academic career and I am very grateful to them for thinking beyond my candidature. Sally Young’s mentorship not only developed and improved the thesis but also expanded my thinking more broadly about media and politics. Raymond Orr’s valuable feedback kept me challenged and amused. I also appreciate the constructive and thoughtful feedback from the two examiners. I could not ask for better fellow PhD students in Or Avi-Guy, Evelyn Bergman, Danu Mirayagalla and Tamas Wells who were always willing to give advice, share small wins and debrief. Most of all, I am glad this thesis introduced me to Alma Begicevic who has become such a dear friend and ally throughout this journey together. Thank you to my family and friends who have been so understanding and kind during the ups and downs of the research process. In particular, Abbas Valadkhani was on hand with his special blend of coffee and Rocky Balboa quotes whenever my spirits flagged. Finally, this thesis is dedicated to my mother who first taught me about justice – I wish she were still here to share this achievement. 4 Contents Chapter 1: Introduction ...................................................................................................... 7 Chapter 2: Transitional Justice and The Media ........................................................ 15 2.1 The Aims and Scope of Transitional Justice ..................................................................15 2.3 The Expansion of Transitional Justice .............................................................................22 2.4 Taking a Bottom-Up Approach to Transitional Justice ..............................................25 2.5 The Media, Conflict and Transitional Justice ................................................................27 2.6 The Media’s Role as a Public Forum in Liberal Democracies ...................................31 2.7 A Parallel Justice Forum: Media and Legal Processes ................................................35 2.8 Conclusion ...............................................................................................................................39 Chapter 3: Methodology .................................................................................................. 41 3.1 Conceptual framework ........................................................................................................41 3.2 Case studies .............................................................................................................................44 3.3 Sourcing participants ...........................................................................................................46 The Case of Sri Lanka ......................................................................................................................... 46 The Case of Argentina ......................................................................................................................... 49 The Case of Australia .......................................................................................................................... 50 3.4 Semi-structured interviews .................................................................................................51 3.5 Data analysis ...........................................................................................................................55 3.6 Content Analysis ....................................................................................................................57 3.7 Ethical issues ..........................................................................................................................59 3.8 Conclusion ...............................................................................................................................61 Chapter 4: The Limits of Trials and Truth-Telling ................................................... 62 4.1 Pursuing Judicial Accountability: The Case of Argentina..........................................63 Breaking The Junta’s Veil of Silence: Mothers Search for the Truth .................................. 65 The Critical Role of Law in Making Truth-Telling Official ................................................... 69 Challenging Amnesty Laws: Advocating for Trial and Punishment .................................... 71 4.1 Pursuing Protection Against Harm: The Case of Sri Lanka ......................................74 A Victors’ Justice: Pursuing Prosecutions in International Jurisdictions ............................ 76 The Strengths and Limitations of Law for Truth-Telling ......................................................... 78 Protection Against Future Harm and the Importance of No Impunity ................................. 82 The Limits on Getting a ‘Good’ Legal Judgment ....................................................................... 85 4.3 Pursuing Indigenous Rights and Recognition: The Case of Australia .....................90 The Barriers to Recognition of Genocide and Reclaiming Land ........................................... 92 Challenging the Barriers of the British Colonial Legal System ............................................. 96 The Strengths and Limits of Using Law to Let the World Know What Happened ......... 99 4.4 Conclusion ............................................................................................................................ 101 Chapter 5: The Expanded Demands of Transitional Justice ................................ 103 5.1 Pursuing Economic Equality and Participatory Democracy in Argentina .......... 104 Reframing Past Memories to Pursue Social Justice ................................................................. 106 The Relationship Between Impunity and Social Injustice ..................................................... 108 Fighting for Deliberative Democracy and a Just Future ......................................................... 109 5.2 Pursuing Rights to a Homeland and Self-Determination in Sri Lanka ...............
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