Transitional Justice

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Throughout the past 50 years there has been an increase in the attention given to transitional justice in the after math of violent conflicts. It is important to note that transitional justice developed not only as a result of state or government action, but also gradually through the growing relevance of civil society organizations. Civil society can be defined as encompassing, amongst other things, trade unions, religious organizations, foundations, political parties, and Non-Governmental Organizations (NGOs). Under the umbrella of civil society, NGOs have become a central part of the transition process that attempts to enable stability and strengthen ties within war torn societies. This synopsis will cover the growing relevance of NGOs …show more content…

At end of the 20th Century, globalization began to change dynamics and include new significant actors such as NGOs and human rights groups. The increase in transitional justice actors developed as a result of limitations of the afore mentioned actors, these include the time constraints of UN missions and state unwillingness to allow the international community to make decisions for them. NGOs are able to address some of these constraints because they are non-political and can include both citizens of the state and international workers to achieve their goals. They typically do not have mandates, allowing them to provide assistance for as long as it is deemed necessary, and their focus is more society and victim based. This is not to say that NGOs should be seen as a replacement of other transitional justice actors, rather it shows the capabilities they have if allowed to work properly and can be a useful tool to work alongside other …show more content…

In Kosovo, the process of post-conflict rebuilding included NGO legal reforms from the very outset and gave these organizations a certain level of independence, this allowed for a relatively successful attempt to assist in development and improving civil society. Afghanistan on the other hand was slow to reform its controlling Taliban era NGO laws and mostly left NGO contributing proposals out of legal processes, resulting in mistrust and refusal of participation from citizens. The current situation in Kosovo is that NGOs continue to contribute to the peace processes due to their initial role in developing law for improving transition, Afghanistan has become the most dangerous place for aid workers to reside and still has not made entirely clear the functions of NGOs. These observations show the impact it can have of how NGOs are established within a state and why their participation in legal processes should not be disregarded. An NGO can either reaffirm transitional justice norms or weaken a civil society from appropriately dealing with transitional justice

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