The Role of Reparations in Transition to Democracy

Jul 6, 2004

Executive Summary

There has been much attention to what Germany, Chile, Argentina, South Africa, and other countries that undergo transitions to democracy have tried to do by way of prosecutions -- but not enough attention to their efforts by way of reparations. Yet from the standpoint of the victims, argues Pablo de Greiff of the International Center for Transitional Justice reparations programs occupy a special place in a transition to democracy. Indeed, they are the most tangible manifestation of the efforts of the state to remedy the harms that these victims have suffered.

Pablo de Greiff's presentation is informed by both theory and practice. While preparing, along with his colleagues at ICTJ, a comprehensive study of reparations cases worldwide, entitled Repairing the Past: Compensation for Human Rights Violations, he was also involved in the design of various reparations programs, and acted as an advisor to the Peruvian Truth and Reconciliation Commission on its reparations recommendations.

He examines what justice in reparations can and should mean when its aim is to repair a large number of cases, as opposed to individual, isolated cases. In this context, he argues, the idea of compensation in proportion to harm raises insurmountable problems. Hence, there is a need to reconceptualize fairness in reparations in terms of how reparations programs serve to promote the goals of recognizing victims, promoting civic trust, and fostering social solidarity.

KEY CONTENTS

  • The meaning of the term "reparations," distinguishing between two spheres of use: international law and massive reparations programs

  • The advantages and disadvantages of the two definitions

  • What constitutes justice in reparations

  • Difficulties in applying full restitution to cases of massive violations

  • Problems of case-by-case application of full restitution to mass violations

  • Justice in mass reparations: a proposal

  • Discussion

You may also like

NOV 21, 2024 Article

A New International Order Is Emerging, We Must Bring Our Principles With Us

On the heels of a new international order, Carnegie Council will continue to champion the vision of peace and cooperation that remains our mission.

NOV 13, 2024 Article

An Ethical Grey Zone: AI Agents in Political Deliberations

As adoption of agentic AI increases, it is critical for researchers and policymakers to agree on ethical principles to inform governance of this emerging technology.

OCT 24, 2024 Article

Artificial Intelligence and Election Integrity in 2024

This final project from the first CEF cohort discusses the effects of AI on election integrity as billions of people go to the polls in 2024.

Non traduit

Ce contenu n'a pas encore été traduit dans votre langue. Vous pouvez demander une traduction en cliquant sur le bouton ci-dessous.

Demande de traduction