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The Unhappy Marriage of Victimhood and Citizenship in Transitional Justice Exploring the Potential of Gender- Just Transformative Reparations In

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The Unhappy Marriage of Victimhood and Citizenship in Transitional Justice Exploring the Potential of Gender- Just Transformative Reparations In The unhappy marriage of victimhood and citizenship in transitional justice Exploring the potential of gender- just transformative reparations in Colombia Weber, S.C. Submitted version deposited in Coventry University’s Institutional Repository Original citation: Weber, S.C. (2017) The unhappy marriage of victimhood and citizenship in transitional justice Exploring the potential of gender-just transformative reparations in Colombia . Unpublished PhD Thesis. Coventry: Coventry University Copyright © and Moral Rights are retained by the author. A copy can be downloaded for personal non-commercial research or study, without prior permission or charge. This item cannot be reproduced or quoted extensively from without first obtaining permission in writing from the copyright holder(s). The content must not be changed in any way or sold commercially in any format or medium without the formal permission of the copyright holders. Some materials have been removed from this thesis due to Third Party Copyright. Pages where material has been removed are clearly marked in the electronic version. The unabridged version of the thesis can be viewed at the Lanchester Library, Coventry University. The unhappy marriage of victimhood and citizenship in transitional justice Exploring the potential of gender-just transformative reparations in Colombia By Sanne Carolien Weber Centre for Trust, Peace and Social Relations Coventry University A thesis submitted in partial fulfilment of the University’s requirements for the Degree of Doctor of Philosophy September 2017 Abstract This thesis analyses whether transitional justice (TJ) can contribute to the transformation of structural gendered inequality by exploring the scope and potential of gender-just transformative reparations. It does so by identifying the gaps between survivors’ experiences of gendered TJ and their needs, demands and hopes for the future. This way, it provides insights into how TJ can be improved to better respond to the needs of survivors and contribute to the transformation of gendered and other structural inequalities. Colombia’s Victims’ Law was used as a case study for this research, providing new empirical data to explore the increasingly popular concept of transformative reparations. This data was collected through ethnographic and participatory visual research methods, based on a feminist postmodernist approach to participatory epistemologies and methodologies. Fieldwork took place between August 2015 and April 2016 in two small communities of former internally displaced persons on Colombia’s Caribbean Coast. Semi-structured and photo-elicitation interviews, as well as visual and non-visual focus groups were undertaken with 32 community participants, as well as semi-structured interviews with 15 non-community stakeholders. Participant observation and informal conversations took place with many more community members and stakeholders. This thesis offers new ways of thinking about gendered TJ, critically engaging with several ongoing debates within the field. In terms of the theoretical separation of reparations and development, this thesis argues for the blurring of the lines between them in order to connect reparations to wider goals of social justice, as a prerequisite for including survivors as equal citizens. Building on this, it calls for a shift in the way TJ addresses its beneficiaries, arguing for the adoption of a citizenship approach instead of TJ’s traditional victimhood focus. Finally, it outlines a new way of giving shape to gender-just transformative reparations, taking the building of gendered practices of active citizenship as a guiding principle, in order to enhance survivors’ agency and their ability to take the future in their own hands. i Acknowledgements This thesis would not have been possible without the support of many people. Although I cannot possibly thank all of them individually, a special thank you is in place for some of them. First of all, a very special thank you goes to the women and men in La Pola and La Palizua, who have opened their homes and communities to me. Therefore: Queridos amigas y amigos chiboleros, les agradezco de todo corazón por ofrecerme la oportunidad de vivir con ustedes una partecita de ese largo proceso que es la restitución y reparación. Admiro su lucha diaria porque ese proceso sea exitoso. He aprendido mucho con y de ustedes y espero que mi investigación haya sido de alguna utilidad para ustedes también. Espero encontrarles en otras condiciones la próxima vez que les visite. Agradezco muchísimo su cariño y amistad y recuerdo mucho los momentos vividos juntos! Secondly, I would like to say a big thank you to my supervisors, Michaelina Jakala, EJ Milne and Ros Searle. Thank you for giving me the freedom to discover my own research path, and giving me feedback and support when needed. I have really enjoyed working with you and hope we can keep in touch. A special thank you to my family as well, who have supported me even when I came up with yet another far away destination for my research. Thank you for the much-needed moral support in difficult times, and the nice moments spent in the UK, Colombia and back home. The same goes for some very special friends: to Justina and Miguel for being so welcoming and supportive in Bogotá during my breaks from the field (and for offering me your amazing shower), and to Adriana for the many shared beers and coffees there. In Coventry, thanks and love to Eve for spending many hours sharing food and cocktails, discussing our personal and academic ups and downs, and to Becca for many therapeutic, relaxing and fun hours spent at the gym and elsewhere. I feel very lucky that beyond the academic skills, the PhD has brought me such good friends. Finally, thanks to many friends in Coventry, the Netherlands and beyond, who are always there for me even though I keep failing to comply with my promise of ‘really coming home now’. Your friendship means a lot to me and has helped remind me that the PhD was not the most important thing in my life. ii Table of contents Abstract ............................................................................................................................. i Acknowledgements ......................................................................................................... ii List of images .................................................................................................................. vi Chapter 1. Introduction .................................................................................................. 1 Aims of the research ................................................................................................................ 5 Epistemology, methodology and methods ............................................................................. 7 The research process ............................................................................................................. 13 The structure of the thesis ..................................................................................................... 17 Chapter 2. Transitional justice and the transformation of structural gender inequality ........................................................................................................................ 19 The development of the paradigm of transitional justice .................................................. 19 Critiques of transitional justice ............................................................................................ 23 Victim-centred transitional justice and its critiques ............................................................. 25 Transition or transformation? .............................................................................................. 27 Transformative reparations: bridging transitional and social justice? ................................. 30 Gendered transitional justice and its critiques ................................................................... 32 Essentialising and sexualising women ................................................................................. 32 Men’s gendered experiences of conflict .............................................................................. 37 The dichotomies underpinning transitional justice .............................................................. 40 Gender-just transformative reparations ................................................................................ 41 Conclusion .............................................................................................................................. 44 Chapter 3. Transitional Justice in Colombia: transforming conflict and structural inequalities? .................................................................................................................... 46 Conflict and violence in Colombia ....................................................................................... 46 The conflict’s actors ............................................................................................................. 47 Violence and displacement .................................................................................................. 50 Conflict and peace ................................................................................................................ 53 Gendered transitional justice in Colombia .......................................................................... 54 The Justice and Peace Law: truth, justice and
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