| Description |
1 online resource (248 pages) |
| Series |
Routledge Contemporary South Asia Series |
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Routledge contemporary South Asia series.
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| Contents |
Cover; Half Title; Title Page; Copyright Page; Table of Contents; Preface; Acknowledgements; List of abbreviations; 1. Introduction: examining the justice question in Afghanistan and Nepal; Transitional justice as a discipline: from democratic transitions to the search for justice; Amnesties; Impunity; The realm of transitional justice: definition, scale, and scope; Transitional justice explained; Reconciliation as transitional justice; Locating law in the state; The rule of law and transitional justice: a nexus; Beyond Afghanistan and Nepal: the "local" in transitional justice; Outline |
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Contributions of the study2. The legacy of past initiatives; Confronting history: Afghanistan's past initiatives; "Reconciliation" in the aftermath of the PDPA and the Soviet Union; Contemporary commitments for transitional justice; Accounting for the past: Nepal's commissions; An end to the People's War: Nepal's CPA; The NPRC; COID; The TRC; Conclusion; 3. Ordinary laws; From theory to reality: the challenges of "ordinary" laws; The Afghan legal system; Islamic law in Afghanistan; The ulema in Afghanistan; Afghanistan's customary laws |
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Formal legal code, customary laws and the fiqh: a case of tricky configurationAfghanistan's rule of law post-Bonn; Additional challenges; Nepal: from customary laws to a secular legal code; Traditional dispute resolution; Criminalizing human rights violations: the glaring gaps in the formal legal code; Auxiliary forces: the NP; Technical challenges; Ordinary laws in extraordinary times: a site for mobilization; Conclusion; 4. Through local lenses: the politicization of transitional justice; What's in a name? The search for a term for "transitional justice" in Afghanistan |
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Nepal's accounting for the pastConcerns about the TRC: reflections on Afghanistan and Nepal; Conclusion; 5. A meaning of justice; Contextualizing impunity: examining Afghanistan and Nepal; Ordinary or transitional justice? Afghan and Nepali concepts of justice; Of perpetrators amidst politics: justice as retribution; Justice as marginalization: of might and men; Shadow justice; Achilles' heel: the socioeconomic dimension of justice; Where are the women? The gender dimension of transitional justice; Conclusion; 6. Negotiating narrow spaces: National Human Rights Institutions |
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Enter NHRIs: an overviewThe AIHRC; The Nepal Human Rights Commission; These spaces in between: the dynamics between government and civil society; Multidimensionality of independence and coordination; AIHRC and the GoA; NHRC and the GoN; The commissions and the international community; The AIHRC and the UNAMA; The NHRC and the UN Mission (OHCHR-N); Legitimacy, accountability, and popularity among local actors; The AIHRC and local civil society; The AIHRC, territoriality, and competition; The NHRC and Nepal's civil society; Conclusion: a voice for the voiceless |
| Summary |
Offering a comparative case study of transitional justice processes in Afghanistan and Nepal, this book critically evaluates the way the ""local"" is consulted in post-conflict efforts toward peace and reconciliation. It argues that there is a tendency in transitional justice efforts to contain the discussion of the ""local"" within religious and cultural parameters, thus engaging only with a ""static local, "" as interpreted by certain local stakeholders. Based on data collected through interviews and participant observation carried out in the civil societies of the respective countri |
| Notes |
7. Conclusion: toward a theory of the "local." |
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Print version record |
| Form |
Electronic book
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| ISBN |
9781135982010 |
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1135982015 |
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