REPARATIONS: REPARATIONS FOR MASSIVE OR WIDESPREAD HUMAN RIGHTS VIOLATIONS: SORTING OUT CLAIMS FOR REPARATIONS AND THE STRUGGLE FOR SOCIAL JUSTICE Skip over navigation
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Copyright (c) 2003 University of Windsor
Windsor Yearbook of Access to Justice

REPARATIONS: REPARATIONS FOR MASSIVE OR WIDESPREAD HUMAN RIGHTS VIOLATIONS: SORTING OUT CLAIMS FOR REPARATIONS AND THE STRUGGLE FOR SOCIAL JUSTICE

2003

22 Windsor Y.B. Access Just. 85

Author

Lisa Magarrell *

Excerpt

I. INTRODUCTION

This paper explores one small aspect of the larger question of how reparations for past human rights abuses relate to the demand for bringing about change to overcome social inequities, that gap between victims and the rest of society that so often becomes apparent when we examine who the victims of human rights abuses are. As such, it is to some extent an exploration of the intersection of legitimate claims upon the State to redress specific wrongs from the past and to honor human rights -- including social and economic rights -- more fully in the present.

To define and engage the problem, I will draw on my recent experience in Peru, where a Truth and Reconciliation Commission (TRC) was, at the time of the conference, in the process of finalizing recommendations for a comprehensive reparations program, published in their report at the end of August 2003. 1 The International Center for Transitional Justice (ICTJ) through its work on the reparations issue in Peru with human rights organizations, victim groups, and the TRC, has been involved since early on in the program's design process. This process brings into sharp focus the questions raised in this paper and will, one hopes, help us to sort through some of the complexities involved. 2

While a number of challenging issues have arisen in the TRC's process of designing a reparations program for Peru, 3 this paper looks first at whether reparations program design for dealing with massive ...
 
 
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