Families of the Missing interrogates the current practice of transitional justice from the viewpoint of the families of those disappeared and missing as a result of conflict and political violence. Studying the needs of families of the missing in two contexts, Nepal and Timor-Leste, the practice of transitional justice is seen to be rooted in discourses that are alien to predominantly poor and rural victims of violence, and that are driven by elites with agendas that diverge from those of the victims. In contrast to the legalist orientation of the global transitional justice project, victims do not see judicial process as a priority. Rather, they urgently seek an answer concerning the fate of the missing, and to retrieve human remains. As important are livelihood issues where families are struggling to cope with the loss of breadwinners and seek support to ensure economic security. Although rights are the product of a discourse that claims to be global and universal, needs are necessarily local and particular, the product of culture and context. And it is from this perspective that this volume seeks both to understand the limitations of transitional justice processes in addressing the priorities of victims, and to provide the basis of an emancipatory victim-centred approach to transitional justice.
Chapter 1 Introduction; Chapter 2: Victim needs and transitional justice; Chapter 3: Nepal and Timor-Leste: The politics of transition; Chapter 4: Needs of families of the Missing in Nepal: Still seeking a process; Chapter 5: Timor-Leste’s transition and the Missing: A victim-centred evaluation; Chapter 6: Addressing the needs of families of the Missing: A critique of current practice in transition; Chapter 7:Beyond prescriptive approaches: contextualising a victim-centred transitional justice; Chapter 8: Towards victim-centred transitional justice; Chapter 9: Appendix: The Missing in Law
The series includes titles which address larger theoretical questions on transitional justice, including the intersection of notions such as justice, truth, accountability, impunity and the construction of transitional justice knowledge. It also contains critical and theoretically informed empirical work on the workings of institutions such as truth commissions, community based reconciliation, victim empowerment, ex-combatant demobilisation, or regional discussions on practical programmes in particular areas. Finally, the series covers the legal aspects of transitional justice; although, avoiding dry, overly technical or dull legal texts, it specialises in a style of legal scholarship that reflects the energy and vitality of this exciting field.
For further details on the series please contact the Series Editor.
Professor of Law and Transitional Justice
School of Law
Queens University Belfast
44 (0) 2890973873