TY - JOUR
T1 - Recognition, transformation and collective restitution
T2 - Justice for afro-descendant communities in post-conflict Colombia
AU - Zhang, Manny
N1 - Publisher Copyright:
© koninklijke brill nv, leiden, 2018.
PY - 2018
Y1 - 2018
N2 - In recent times, the question of whether transitional justice can and should ameliorate structural inequalities has been taken up with increased interest by scholars and policy makers. This has led to more 'transformative' understandings of transitional justice, which seek to inter alia broaden its conception of justice to include both restorative and redistributive agendas. The Colombian restitution program explicitly adopts a transformative concept of reparations and thus provides an opportunity to consider how a broader conception of justice could be translated into practice through transitional justice mechanisms. While recognising that both restorative and distributive justice can contribute to the reparative needs of victims, this article argues that a transformative approach does not adequately consider the genuine tensions between these dimensions. In addition to this theoretical obstacle, the difficulties of implementation suggest that it creates unrealistic expectations of what reparations can accomplish in practice.
AB - In recent times, the question of whether transitional justice can and should ameliorate structural inequalities has been taken up with increased interest by scholars and policy makers. This has led to more 'transformative' understandings of transitional justice, which seek to inter alia broaden its conception of justice to include both restorative and redistributive agendas. The Colombian restitution program explicitly adopts a transformative concept of reparations and thus provides an opportunity to consider how a broader conception of justice could be translated into practice through transitional justice mechanisms. While recognising that both restorative and distributive justice can contribute to the reparative needs of victims, this article argues that a transformative approach does not adequately consider the genuine tensions between these dimensions. In addition to this theoretical obstacle, the difficulties of implementation suggest that it creates unrealistic expectations of what reparations can accomplish in practice.
KW - Afro-descendant communities
KW - Colombia
KW - Distributive justice
KW - Reparations
KW - Transitional justice
UR - http://www.scopus.com/inward/record.url?scp=85049165394&partnerID=8YFLogxK
U2 - 10.1163/22131035-00701006
DO - 10.1163/22131035-00701006
M3 - Article
SN - 2213-1027
VL - 7
SP - 103
EP - 130
JO - International Human Rights Law Review
JF - International Human Rights Law Review
IS - 1
ER -