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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

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Families of the Missing: A Test for Contemporary Approaches to Transitional Justice

ISBN13: 9780415812481
Published: May 2013
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £90.00
Paperback edition , ISBN13 9780415831024

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Addressing the needs of 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.

Human Rights and Civil Liberties
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