Transformative Justice
Remedying Human Rights Violations Beyond Transition
Transitional Justice Series

Transitional justice mechanisms employed in post-conflict and post-authoritarian contexts have largely focused upon individual violations of a narrow set of civil and political rights, as well as the provision of legal and quasi-legal remedies, such as truth commissions, amnesties and prosecutions. In contrast, this book highlights the significance of structural violence in producing and reproducing rights violations. The book further argues that, in order to remedy structural violations of human rights, there is a need to utilise a different toolkit from that typically employed in transitional justice contexts. The book sets out and applies a definition of transformative justice as expanding upon, and providing an alternative to, transitional justice. Focusing on a comparative study of social movements, nongovernmental organisations and trade unions working on land and housing rights in South Africa, and their network relationships, the book argues that networks of this kind make an important contribution to processes advancing transformative justice.

Table of contents

Lists of tables and figures

Preface

Acknowledgements

List of abbreviations

1. Introduction

Introduction

Background and context

Transitional justice and transformative justice in South Africa

Land and housing

Advocacy networks

Action taken by networks

Structure, composition, capacity and resources

Positioning of NGOs, trade unions and social movements in South Africa

Aims and objectives of the book

Themes

Focus

Political responsibility

Research design

Case study research

Limits of case study research

The case study in this book

Case selection and purpose

Research strategy

Research tools and methods

Use of sociograms

Scope and contribution of the study

Structure of the book

2. Structural violence, socioeconomic rights and transformative justice

Introduction

Structural violence and shortcomings of transitional justice

Structural violence

Critique of transitional justice

Defining transformative justice

Applying concepts to the case study of South Africa

Relevant actors and relationships for a transformative approach

Conclusion

3. Network relationships, existing ties and opportunities

Introduction

The case study network

Interpreting data on network relationships

Mapping the network diagrammatically

Interrogating assumptions from the literature

Boomerangs and spirals

Framing, expertise and venue shopping

Key findings from mapping the network

What kinds of ties already exist?

The Housing Assembly

The Poor People’s Alliance

Ties between both clusters

What threats to and opportunities for more effective collaboration exist?

Specific characteristics of trade unions

Capacity and resources of social movements and community based organisations

Personalities, politics and organisational governance

Shared rhetorical commitments

Conclusion

4. Threats, limitations and political responsibilities in the network

Introduction

The Housing Assembly and the Poor People’s Alliance

Dividing political arenas

Agenda setting and strategy building

Raising and allocating financial resources

Information

Formalisation of relationships

Transformative justice and political responsibilities of the network

Dividing political arenas

Agenda setting and strategy building

Raising and allocating financial resources

Information

Formalisation of relationships

Conclusion

5. Transformative justice processes, policies and practice

Introduction

The scope for transformative justice policies, practices and processes in South Africa

Lessons for understanding the potential for transformative justice policies and practices

Mapping participation in the case study network

Relationships within the case study network

Evaluating political responsibility of the case study network

Conclusion

Processes of transformative justice

Outcomes and resources

Political responsibility and transformative justice

6. Conclusion

Introduction

The importance of power and of political responsibilities

Lessons for research and practice

Key contributions of the book

What this book does not do

Concluding remarks

INDEX

Matthew Evans is a Teaching Fellow in Law, Politics and Sociology at the School of Law, Politics and Sociology, University of Sussex, Brighton, UK, and Visiting Researcher in Political Studies at the School of Social Sciences, University of the Witwatersrand, Johannesburg, South Africa.