Transitional Justice in Contemporary World

By Kathryn Teeluck

At the beginning of May, I attended a one-week course at York University on refugees and forced migration. One of the topics discussed was transitional justice. This form of justice moves away from our traditional focus on punishing perpetrators of a crime to prioritizing the emotional healing of the victims. It is restorative in nature and assumes a shift from one state to another; from violence to peace. This concept has become more and more significant as the end of civil conflicts worldwide have necessitated that perpetrators and victims find a way to live together once again.

From a Christian perspective, I find the idea of transitional justice compelling. We often equate justice with revenge – “an eye for an eye.” But punishing a criminal has no real benefit for them, the victims, or society as a whole. When we have been wronged, we must look to the example Jesus set for us when, even in the agony of His death, He still asked God to forgive His captors. He demonstrated mercy in His darkest hours. This should inspire us to rise above our own anger and hatred if we are to restore relationships that have been damaged by violence.

There are many modern day examples of transitional justice at work. The Truth and Reconciliation Commission (TRC), which was established to address the injustices suffered by indigenous peoples in residential schools, is one such example. As the TRC reaches its conclusion, we will be able to gauge its effectiveness in paving the way for healing and forgiveness. A crucial aspect of this is allowing the voices of those who suffered to be heard, and acknowledging their pain.

However, this alone is not enough. We as a country must also accept responsibility for our role in their trauma and reach a common narrative of events so that we can begin to heal together. In this way, we will be able to move from a place of blame and resentment to one of peace and harmony.

Transitional justice has a meaningful role to play in achieving CPJ’s vision of public justice. CPJ defines public justice as the political dimension of loving one’s neighbour, caring for creation, and achieving the common good. This involves seeking out and implementing just policies that allow everyone to live in dignity and participate in society. When a person is victimized in some manner, they may lose their sense of dignity and belonging. Partaking in transitional justice allows them to reclaim these by sharing their stories and receiving redress.  As citizens, we are in a unique position to ensure that our government does not take actions or implement policies that will disenfranchise any group, but instead will create a system of equality and fairness.

In all, participating in the course was a rich and enlightening experience that allowed me to learn about contemporary matters related to refugees and migration from a variety of perspectives. As the issues become increasingly complex, understanding its various dynamics will be crucial to designing solutions.

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