Transitional Justice and Development

AND DEVELOPMENT TRANSITIONAL JUSTICE DEVELOPING SOCIETIES EMERGING FROM CONFLICT AND AUTHORITARIANISM are frequently beset by poverty, inequality, weak institutions, broken infrastructure, poor governance, insecurity, and low levels of social capital. The same countries are also often the scene of massive human rights violations which leave in their wake victims who are displaced, marginalized, handicapped, widowed, and orphaned — people who have strong claims to justice. Yet those who work alongside each other to address the interconnected concerns TRANSITIONAL of development and justice do not always work together to provide coherent responses to those concerns. Transitional Justice and Development: Making Connections examines the relationship between two fields that, academically and in practice, have proceeded JUSTICE AND largely isolated from one another. The book is the result of a research project of the International Center for Transitional Justice. DEVELOPMENT “This important and timely collection systematically frames the connections between two areas central to protracted social conflict and its resolution — justice and development. The strength of this groundbreaking study lies in the integrity with which it suggests ways forward while respecting the distinctness of both fields and its willingness to Making Connections acknowledge the limitations of trying to pursue the goals of either transitional justice or development through the mechanisms of the other. It will be a vital tool for policymakers, I E N practitioners, and academics alike.” D T I T ERNA — CHRISTINE BELL, Director of the Transitional Justice Institute and Professor of Public E D International Law, University of Ulster BY T IONAL PABLO PABLO “A cast of highly reputed authors from different fields provide new insights on an important and wrongly neglected issue. Development practitioners and grassroots leaders C D have often bemoaned the irrelevance of transitional justice to their daily struggles for EN E GREIFF & GREIFF E economic and social redress — unequal access to natural resources, the continued impact T ER of past injustices and social exclusion on well-being, and ongoing marginalization as FOR citizens. This book begins to grapple with these important questions. Those interested in this new area could have no better introduction than this fascinating book.” TRANSI ROGER — PETER UVIN, Academic Dean, Henry J. Leir Professor of International Humanitarian Studies, and Director of the Institute for Human Security, The Fletcher School, T IONAL Tufts University DU T HIE PABLO DE GREIFF J is director of research at the ICTJ. Formerly associate professor of , US philosophy at SUNY Buffalo and Laurance S. Rockefeller Fellow at the Center for T Human Values, Princeton University, he is the author of articles on transitional ICE justice, democratic theory, and the relationship between morality, politics, and law. He is the editor of nine books, including The Handbook of Reparations (Oxford, 2006). ROGER DUTHIE is a research associate at the ICTJ. He previously worked as a researcher, writer, and editor at KPMG, the Carnegie Council on Ethics and International EDITED by pablo DE greiff & roger DUThie Affairs, and Oxford University Press. He has published on transitional justice and INTERNATIONAL CENTER FOR TRANSITIONAL JUSTICE development; disarmament, demobilization, and reintegration; and vetting. ISBN: 978-0-9790772-9-6 SOCIAL SCIENCE RESEARCH COUNCIL Advancing Transitional Justice Series NEW YORK WWW.SSRC.ORG TRANSITIONAL JUSTICE AND DEVELOPMENT This volume is the third in the Advancing Transitional Justice Series, a joint project of the International Center for Transitional Justice and the Social Science Research Council. Other volumes include: Alexander Mayer-Rieckh and Pablo de Greiff, eds., Justice as Prevention: Vetting Public Employees in Transitional Societies Ruth Rubio-Marín, ed., What Happened to the Women? Gender and Reparations for Human Rights Violations ADVANCING TRANSITIONAL JUSTICE SERIES TRANSITIONAL JUSTICE AND DEVELOPMENT Making Connections EDITED BY PABLO DE GREIFF AND ROGER DUTHIE, INTERNATIONAL CENTER FOR TRANSITIONAL JUSTICE SOCIAL SCIENCE RESEARCH COUNCIL • NEW YORK • 2009 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 historical injustices or systemic abuse remain unresolved. In order to promote justice, peace, and reconciliation, government officials and nongov- ernmental 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 acknowledging 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 important 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 processes. The SSRC works with practitioners, policymakers, and academic researchers in all the social sciences, related professions, and the humanities and natural sciences. With partners around the world, the Council mobilizes existing knowledge for new problems, links research to practice and policy, strengthens individual and institutional capacities for learning, 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 knowledge in innovative ways. © 2009 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 Editorial production by the International Center for Transitional Justice Designed by Julie Fry Cover photograph by Per-Anders Pettersson (Getty) Library of Congress Cataloging-in-Publication Data Transitional justice and development : making connections / edited by Pablo de Greiff and Roger Duthie. p. cm. isbn 0-9790772-9-6 1. Transitional justice. 2. Economic development — Political aspects. 3. Developing countries — Politics and government. 4. Developing countries — Economic conditions. I. De Greiff, Pablo. II. Duthie, Roger. III. Social Science Research Council (U.S.) jc571.t699 2009 338.0 — dc22 2009018685 Contents 9 CONTRIBUTORS 15 ACKNOWLEDGMENTS 17 INTRODUCTION Roger Duthie 28 CHAPTER 1 Articulating the Links Between Transitional Justice and Development: Justice and Social Integration Pablo de Greiff 76 CHAPTER 2 Roads Less Traveled? Conceptual Pathways (and Stumbling Blocks) for Development and Transitional Justice Marcus Lenzen 110 CHAPTER 3 The Political Economy of the Transition from Authoritarianism Tony Addison 142 CHAPTER 4 Toward Systemic Social Transformation: Truth Commissions and Development Rolando Ames Cobián and Félix Reátegui 170 CHAPTER 5 A Complementary Relationship: Reparations and Development Naomi Roht-Arriaza and Katharine Orlovsky 214 CHAPTER 6 Enhancing Justice and Development Through Justice-Sensitive Security Sector Reform Alexander Mayer-Rieckh and Roger Duthie 250 CHAPTER 7 The Role of Judicial Reform in Development and Transitional Justice Muna B. Ndulo and Roger Duthie 282 CHAPTER 8 Natural Connections: Linking Transitional Justice and Development Through a Focus on Natural Resources Emily E. Harwell and Philippe Le Billon 332 CHAPTER 9 Linking Broad Constellations of Ideas: Transitional Justice, Land Tenure Reform, and Development Chris Huggins Contributors Tony Addison is executive director of the Brooks World Poverty Institute (BWPI) at the University of Manchester, associate director of the Chronic Poverty Research Centre (CPRC), and professor of development studies, University of Manchester. He was previously deputy director of the United Nations Univer- sity’s World Institute for Development Economics Research (UNU-WIDER) in Helsinki. He has also held positions at the University of Warwick, the School of Oriental and African Studies (London University), and the Overseas Development Institute (ODI, London).

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