Performances of Injustice

Preface

“…The new decentralised structure is, as a matter of fact, still precarious in its practices, which attest to the presence of the central state and the lingering vicissitudes of the provincial era and the country's political history. The latent lack of confidence in the institutions of power and government committees, as well as the persistent distrust of the procedure of popular participation in public hearings, confirm this hypothesis (Lynch 2018). However, it must be noted that-while they are tainted by corruptionfundings earmarked for the counties (i.e.…”

Reparations and the politics of waiting in Kenya

“…Lynch contends that the restorative justice fund was mooted as an alternative to prosecutions, contributing to an overall trend of justice increasingly focusing on reparations at the expense of accountability and retribution. 62 That the President announced this Fund as seemingly separate from the TJRC process, and without including victims of socio-economic rights violations or addressing collective reparations, might be understood as an attempt to marginalise the TJRC processes by rendering reparations as magnanimity rather than a right of victims. 63 President Kenyatta reiterated commitment to the Fund in 2019, but stated that it would be applied 'towards establishing symbols of hope across the country through the construction of heritage sites and community information centers', as part of the Building Bridges Initiative (BBI), which marks a significant departure from earlier promises of individual reparations.…”

“…As discussed above, the shift to a shallow form of restorative justice at the expense of accountability and retribution encourages people 'to present themselves as victims in exchange for assistance […] while a culture of impunity is upheld.' 91 To add to this, prolonged waiting creates a 'relatively stable condition that may lead to a reclassification of a person's status and […] transition into a social role' 92 , for example as an "internally displaced person" or as a "victim". Temporal uncertainty produces compliant and passive subjects who see reparations not as their right but as a matter of goodwill and patronage, patiently waiting for any kind of generalised support under the banner of reconciliation rather than expecting justice for past violations.…”

“…2 Common transitional justice tools include criminal prosecutions, truth seeking mechanisms, reparations, constitutional and institutional reforms, amnesty, lustration and memorialisation. 3 Of these mechanisms, reparations are considered to be most directly and immediately centred on victims and their needs. 4 Recent debatesfor example around the potential and challenges of linking reparations to development, to socioeconomic transformation, and to gender transformation 5 reflect wider critiques about the marginalisation of socio-economic and structural concerns in favour of civil and political rights violations in transitional justice.…”

Understanding bricolage in norm development: South Africa, the International Criminal Court, and the contested politics of transitional justice

“…65 Critics have also argued that the approach has, in some cases, unduly favoured powerful incumbents, failed to secure peace, and/or simply reflected the pursuit of South Africa's national interest at the expense of other objectives. 66 However, we should not ignore the normative content of the ANC's approach, which is enmeshed within the party's liberation movement identity, its understandings of its own transition, and its ambitions for reforming international politics. 67 While it was assuming this leading role in African mediation, South Africa was also investing considerable political capital into provoking wider normative shifts on the continent regarding state sovereignty and responsibility, including helping to build a wide array of institutional mechanisms in the AU that would place greater emphasis on African states taking responsibility for the promotion and protection of human rights.…”