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Peacebuilding and Transitional Justice in Sub-Saharan Africa’s Post-Conflict Societies: The Role of Traditional Forms of Justice in Post-Civil War Sierra Leone.

Dupuis, Pauline LU (2018) SOLM02 20181
Department of Sociology of Law
Abstract
The prevalence of violent conflicts over the last few decades has left numerous countries in the need of thorough rebuilding; from Afghanistan to Cambodia, Sri Lanka, Guatemala, Somalia or Rwanda. In order to assist in the recovery of these post-conflict societies, various peacebuilding strategies and transitional justice mechanisms have been implemented by a range of different actors. However, most approaches have so far failed to perform adequately due to the overwhelming tendency of using top-down, Western approaches; especially in Sub-Saharan Africa. A growing emphasis has therefore been put on including traditional forms of justice within the peacebuilding and transitional justice mechanisms applied within post-conflict societies.... (More)
The prevalence of violent conflicts over the last few decades has left numerous countries in the need of thorough rebuilding; from Afghanistan to Cambodia, Sri Lanka, Guatemala, Somalia or Rwanda. In order to assist in the recovery of these post-conflict societies, various peacebuilding strategies and transitional justice mechanisms have been implemented by a range of different actors. However, most approaches have so far failed to perform adequately due to the overwhelming tendency of using top-down, Western approaches; especially in Sub-Saharan Africa. A growing emphasis has therefore been put on including traditional forms of justice within the peacebuilding and transitional justice mechanisms applied within post-conflict societies. This has been the case in post-civil war Sierra Leone, where attempts were made to integrate traditional approaches. This thesis aimed to explore the role of traditional forms of justice within peacebuilding processes and transitional justice mechanisms in Sub-Saharan Africa’s post-conflict societies. Departing from a socio-legal perspective, a Critical Discourse Analysis based on Norman Fairclough’s three-dimensional model was carried out within the context of a single case study about Sierra Leone’s transitional justice mechanisms: the Special Court for Sierra Leone, the Truth and Reconciliation Commission and Fambul Tok. This was combined with the use of postcolonial theories of law and legal pluralism. The thesis concluded that while traditional forms of justice have the potential to successfully contribute to peacebuilding processes and transitional justice mechanisms, Western approaches still heavily dominate and undermine the use of traditional approaches while the presence of strong postcolonial dynamics, power imbalances and the lack of recognition of legal pluralism lead to more issues. (Less)
Please use this url to cite or link to this publication:
author
Dupuis, Pauline LU
supervisor
organization
course
SOLM02 20181
year
type
H2 - Master's Degree (Two Years)
subject
keywords
Peacebuilding, Transitional Justice, Traditional Justice, Post-Conflict, Sub-Saharan Africa, Sierra Leone, Special Court for Sierra Leone, Truth and Reconciliation Commission, Fambul Tok, Postcolonial Theories of Law, Legal Pluralism, Critical Discourse Analysis
language
English
id
8959156
date added to LUP
2018-11-19 09:27:13
date last changed
2018-11-19 09:27:13
@misc{8959156,
  abstract     = {{The prevalence of violent conflicts over the last few decades has left numerous countries in the need of thorough rebuilding; from Afghanistan to Cambodia, Sri Lanka, Guatemala, Somalia or Rwanda. In order to assist in the recovery of these post-conflict societies, various peacebuilding strategies and transitional justice mechanisms have been implemented by a range of different actors. However, most approaches have so far failed to perform adequately due to the overwhelming tendency of using top-down, Western approaches; especially in Sub-Saharan Africa. A growing emphasis has therefore been put on including traditional forms of justice within the peacebuilding and transitional justice mechanisms applied within post-conflict societies. This has been the case in post-civil war Sierra Leone, where attempts were made to integrate traditional approaches. This thesis aimed to explore the role of traditional forms of justice within peacebuilding processes and transitional justice mechanisms in Sub-Saharan Africa’s post-conflict societies. Departing from a socio-legal perspective, a Critical Discourse Analysis based on Norman Fairclough’s three-dimensional model was carried out within the context of a single case study about Sierra Leone’s transitional justice mechanisms: the Special Court for Sierra Leone, the Truth and Reconciliation Commission and Fambul Tok. This was combined with the use of postcolonial theories of law and legal pluralism. The thesis concluded that while traditional forms of justice have the potential to successfully contribute to peacebuilding processes and transitional justice mechanisms, Western approaches still heavily dominate and undermine the use of traditional approaches while the presence of strong postcolonial dynamics, power imbalances and the lack of recognition of legal pluralism lead to more issues.}},
  author       = {{Dupuis, Pauline}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{Peacebuilding and Transitional Justice in Sub-Saharan Africa’s Post-Conflict Societies: The Role of Traditional Forms of Justice in Post-Civil War Sierra Leone.}},
  year         = {{2018}},
}