Framing Transitional Justice Practice: Dealing with the Past in Northern Ireland
Submitting Institution
University of UlsterUnit of Assessment
LawSummary Impact Type
SocietalResearch Subject Area(s)
Studies In Human Society: Other Studies In Human Society
Law and Legal Studies: Law
Summary of the impact
Based on its internationally recognised reframing of transitional justice
(TJ) theory and practice, TJI demonstrates singular influence on the tone,
language, framing and outcomes of key debates, policies and advocacy in
Northern Ireland (NI) since 2003. TJI research has informed political
debate and influenced official recommendations on institutions to address
the legacy of the conflict; shaped the policy positions and enhanced the
capacity of local non- governmental organisations (NGOs); shared in the
production of cultural knowledge in a unique law-led artistic
collaboration; raised public awareness of the intergenerational aspects of
the conflict's legacy; and empowered marginalised individuals. TJI's
critiques of local TJ approaches and our development of the TJ Toolkit
have demonstrable global applicability. The impact has been primarily
regional, with national and international dimensions.
Underpinning research
Research Context
The thirty years of conflict in NI created a deep and divisive legacy
with which NI society continues to grapple daily. The enduring power of
the past to destabilise the present is vividly highlighted by serious
protests and sustained rioting throughout 2013 triggered by decisions to
fly the Union Flag at Belfast City Hall only on designated days and to
place restrictions on contentious Orange Order marches. The violence of
the `Troubles' resulted in 3,636 deaths and 47,571 injured persons. For a
small jurisdiction, the pervasive impact of this high rate of violence was
illustrated in a 2011 Commission for Victims and Survivors survey finding
one in three persons in NI self-identified as conflict survivors. Past
abuses continue to shape how communities in NI interact with one another
and how citizens view state institutions. In particular, law and legal
institutions became sites of contestation, resulting in challenges to
their legitimacy following the Good Friday peace agreement.
The conflict experience and the need to identify imaginative legal and
policy solutions were instrumental to the founding vision of TJI as a
praxis entity. Its core researchers conceived of TJ as a conceptual and
practical framework to address the challenges of a post-conflict society.
TJI's research was designed to create new modalities and frameworks to
engage the legacies of harm in transitional settings. TJI's praxis vision
is influenced by the critical role School of Law and TJI founders played
in shaping legal discourses, civil society and institutional responses to
the conflict before and after the peace agreement. TJI staff (Ní Aoláin,
Campbell, Bell, Rolston, McWilliams) shaped and led truth and
accountability campaigns by collaborating with local NGOs (e.g. Relatives
for Justice, Committee for the Administration of Justice). They researched
and published on victims' experiences, brought cases to the European Court
of Human Rights (ECHR), and made submissions to international human rights
bodies on the UK's treaty obligations. These campaigns led the ECHR from
2001 to find that the UK was obliged to investigate all right to life
violations. In 2002, the UK created a `package of measures' to investigate
conflict-related deaths. TJI's establishment in 2003 married the
individual activism of TJI researchers with their international and
comparative expertise. TJI researchers continue to be deeply involved in
research and activism in NI, shaping and leading conceptualisation of TJ
mechanisms, and legally grounding grassroots activism on dealing with the
past and institutional reform through networks, consultancy, leadership
positions in NGOs and government entities, and policy intervention.
TJI's dealing with the past research has consistently offered critical
analyses, both theoretical and practical, of local TJ measures, which
raise awareness of best practice and highlight potential challenges for
efforts to deal with the past in other transitions. By reframing the TJ
field, TJI scholars opened up a new lens on what constitutes the
transitional `package' in post-conflict societies. Their contributions
included linking multiple past-centred mechanisms as part of holistic TJ
approaches and insisting on the relevance of TJ as a framework to address
the experiences of societies emerging from conflict. TJI's model has been
mainstreamed into the work of international institutions, other academic
frameworks and is the approach taken by leading international NGOs. This
interplay between the local and international is a core element of TJI's
research and illustrates how locally focused research can have an
international impact. TJI research insights profoundly shaped the contours
of the TJ field (with evident international reach) and specifically
applied this knowledge to benefit the NI transition towards sustained
peace and substantive democracy (see Managing Editor, International
Journal of TJ). This case study draws on a sample of three interfaces from
our broader scholarly and policy praxis in NI. They illustrate how
research insights from TJI have shaped the terms of the legal, political
and cultural conversations in the jurisdiction, and been manifested in the
policies and positions adopted by government and civil society groups.
Underpinning Research and Key Insights: Dealing with the
past research has been a core project of TJI since its creation and is
motivated by questions such as how should we understand the past, what is
the past's impact on the present, how can we undo the past, and to what
extent can we deliver accountability for past abuses. Exploring the impact
that past harms can have on present and future generations played a key
role in TJI's collaboration with artist Rita Duffy. This project revealed
how the conflict's legacy continues to impact on the lives of marginalised
youth. Engaging with Ní Aoláin and Rolston's research provided the
grounding for Duffy's creativity. For Rolston concern for the
intergenerational effects of violent conflict has been an underpinning
motif evidenced in his book Children of the Revolution. This
research conducted between 2008-11 explores how the children of
paramilitary actors were affected by their parents' actions during the
conflict. This research is methodologically challenging as it gives
primacy to victims' voices in a context where access to individuals may be
fraught and great trust in the researcher is required. This approach
influenced Duffy's own methodology. The need to give gendered voice to
victims has been a central feature of Ní Aoláin & Turner's research,
also drawn upon by Duffy. Ní Aoláin established an extensive body of
research (1995-2013) on the relationships between intimate and conflict
violence and her meticulous comparative research on truth commissions
(with Turner) documents the gender pitfalls in truth recovery and offers
roadmaps on how to avoid them.
Building on the importance of individual experiences, Hamber's work on
psychological and communal trauma reveals how important it is for victims
to be able to contextualise their experience within the broader political
context, and it advocates healing through the integration of legal and
non-legal approaches. Hamber relies on his extensive empirical research in
NI and South Africa (1995-2009). Campbell & Turner's research on truth
commissions was part of a project (2001-8) that applied TJ analysis to NI
before it became mainstream to do so. It led to a series of peer-reviewed
articles e.g. MLR (2003) and HRQ (2005). Key insights of the underpinning
research include analysing how truth commissions can use social science
methodologies to build on individual testimonies to identify patterns of
violence. This demonstrates one way in which truth commissions can help
individuals locate their experiences within the political context.
Rooney's work (2004-13) singularly adapts the critical theory of
intersectionality and applies it to identity and community schisms in
divided and politically violent societies. The underpinning research is
unique in its translation of high-level theorising enmeshed in the
practical realities and experiences of community-level application. Such
methodologies were influential in TJI's collaboration with Duffy and have
been given practical application in Rooney's Transitional Justice
Grassroots Toolkit. By giving scholarly voice to the most
marginalised, TJI research has consistently emphasised that their
inclusion in truth recovery is essential to avoid intergenerational
violence and trauma.
Key Researchers |
Position at time of research |
Dates Joining or Departing |
Campbell, C. |
Professor |
Joined 2000 |
Hamber, B. |
Professor |
Joined 2007 |
Ní Aoláin, F. |
Professor |
Joined 2000 |
Rolston, B. |
Professor |
Joined 2005 |
Rooney, E. |
Senior Lecturer |
Joined 2005 |
Turner, C. |
Research Assistant and Lecturer |
Joined 2004 - departed 2013 |
References to the research
• Campbell, C. & Turner, C., `Utopia and the Doubters: Truth,
Transition and the Law' (2008) 23(3) Legal Studies 374-395, DOI: 10.1111/j.1748-121X.2008.00093
• Rooney, E. & Swaine, A., `The "Long Grass" of Agreements: Promise,
Theory and Practice' (2012) 12(3) International Criminal Law Review
519-48 DOI: 10.1163/157181212X649995
• Rolston, B., Children of the Revolution: The Lives of Sons and
Daughters of Activists in Northern Ireland (Guildhall Press, 2011)
ISBN 978-1906271381
• Ní Aoláin, F. & Turner, C., `Gender, Truth and Transition' (2007)
16(2) UCLA Women's Law Journal 229
Quality of Underpinning Research: Several of the pieces of
underpinning research were published in peer-reviewed journals. Campbell
and Turner's was assisted by a Leverhulme Trust Research Fellowship for
Campbell entitled `Justice in Transition: The Case for Northern Ireland'
(2001) (£16,980). Hamber's research was supported by the collaborative
ESRC grant `Reimagining Women's Security in Societies in Transition'
project (2004-6) (£139,765). Rooney's underpinning research enabled by a
fellowship at Cornell University (2004). The TJI's collaboration with Rita
Duffy was supported by the award of a Leverhulme Trust, Artist in
Residence award (2009-10) (£12,500) enabling unique interdisciplinary
exchange. Renowned commentator Noam Chomsky attests to Rolston's monograph
that, `[t]his sensitive and thoughtful account of [children's] memories in
times of trouble is a powerful call for non-violence and sympathetic
understanding'.
Details of the impact
Three examples were selected to demonstrate our praxis engagement with
diverse users including policymakers, civil society activists, victims,
former combatants and the general public in Northern Ireland. The examples
demonstrate how these local activities can influence international
practice and theorisations of TJ.
Consultative Group on the Past (CGP): The most significant
policy initiative to find a comprehensive solution to dealing with the
past was launched in 2007, when the Secretary of State for NI announced
the establishment of an independent Consultative Group, lead by Lord Eames
and Denis Bradley. The group held consultations in 2008 and issued its
report in 2009. TJI researchers engaged directly with CGP and the report
cites research by several TJI scholars, e.g.
- In a written submission, Campbell & Turner made recommendations
that were adopted in the Group's report: e.g. that investigations by the
Police Ombudsman provided a template for a unit to be established in
Truth Commission; that special mechanisms be developed for identifying
patterns of violations (and thus appropriate remedies); and that the
basis for establishing such mechanisms be under a British-Irish
Agreement, with legislation in both jurisdictions.
- Hamber made a written submission and held direct meetings with CGP
members, in which he articulated precise and useable methods to include
and give recognition to victims. The final emphasis of the CGP on
prioritising the needs and experiences of victims reflects substantially
his scholarly work. As Chair of Healing Through Remembering, the leading
NGO addressing the legacy of the past, Hamber was also instrumental in
shaping the substantive content of its engagement with the CGP as well
as the content of its publications. HTR's Director states that Hamber
had `an invaluable input into the formation of policy and practice' of
the organisation.
The significance of TJI's engagement with this process is acknowledged in
testimonial by the Group's, Co-Chair, Bradley, who notes `the work of the
Transitional Justice Institute was one of the more fertile grounds that
enabled and influenced myself and the other members of the Group. The
research that had been carried out enabled us to enter into and proceed
with greater insight and confidence.' The CGP report continues to shape
the ongoing engagement of NGOs, governmental departments and agencies on
dealing with the past in NI. TJI scholar engagement with the next phase of
`past' policymaking is ongoing in late 2013 with written submissions and
private meetings with the All-Party talks chaired by Haass (Campbell,
Diver, Hamber, Mallinder, Rolston, O'Rourke).
Collaboration with Renowned NI Artist Rita Duffy: TJI has
an established practice of having an artist in residence at the Institute
(e.g. Turner & McLaughlin). TJI's collaboration with Rita Duffy, one
of NI's leading contemporary artists, stretched knowledge transfer and
broader social impact boundaries. It enabled TJI researchers to impact
positively on the artist's work, the young people who took part in the
project, and the Quaker Cottage Belfast, and to find innovative ways of
transmitting our research findings to the general public. TJI researchers
were engaged in all stages of the project from initial project design,
conceptualisation, implementation to dissemination:
- TJI fostered an intensive nine-month dialogue with Duffy on the
experience of children, ex- combatants and women (2009-10) drawing on
published work and work in progress by TJI scholars. This included TJI
scholars visiting and working in Duffy's studio. Duffy's testimonial
confirms that her work was substantially shaped by the publications of
Ní Aoláin, Rooney and Rolston, discussions with the authors, and
participating in TJI seminars. For Duffy this collaboration enabled a
deep connection to academic articulations of harm, informed her thinking
on how art can illuminate difficult social issues and helped to shape
her methodology.
- Duffy held workshops at the Quaker Cottage three evenings per week
with young people from areas that are divided by peace walls. Duffy
sought to give voice to these young persons who live in post-conflict
Belfast by working with them on storytelling and collaborative
self-portraits. Throughout this process, Duffy sought advice and support
from TJI staff. This resulted in Our View. In the book's
foreword, Quaker Cottage youth worker Doherty, explains how this process
gave the young people involved a sense of control over their lives they
had not previously had.
- The project resulted in an exhibition at the Playhouse in London/Derry
as part of the TJI Summer School (June 2010) which had 35 participants,
and a collective art exhibition at the collaborative Summer School with
Hanna's House (August 2010), which had 100 participants and enabled
knowledge exchange with local and international NGO and policy cohort.
In September 2010, a huge public campaign was launched involving the
displaying the young persons' photographic self-portraits on billboards
in the centre of Belfast bringing attention to a group of young people
as an illustration of how the `past' of the conflict was ever present.
TJI researcher Ní Aoláin worked with the artist to choose and identify
the exhibit images.
Following the formal completion of the project, the relationship with the
artist has been sustained and she has presented seminars at TJI. Duffy
also presented the project at the Ulster Museum and internationally. This
project demonstrates praxis research at its most ambitious, combining
academic knowledge with broader social and artistic media, to reach the
general public to change the way communities `see' the conflict and thus
respond to legal and political initiatives.
Transitional Justice Grassroots Toolkit: TJI worked with
the Bridge of Hope programme of the Ashton Community Trust that supports
conflict victims and is based in one of the most divided and volatile
communities in NI to produce an internationally recognised participatory
model for grassroots TJ, which is now being disseminated by TJI. TJI
engaged in this project at all stages:
- The project began through a series of preliminary conversations
throughout 2010 between TJI scholar Rooney and Bridge of Hope leading to
a TJ Pilot Programme funded by the Community Relations Council. This
built capacity among community activists to engage in debates on dealing
with the past and provided a vehicle for conversations between
leadership groups of ex-prisoners and community activists. It explicitly
built on the TJI `@thecoalface' seminar series
- Rooney designed and delivered a residential programme in March 2011
for former combatants that brought TJI's scholarly inputs on truth,
institutional reform, reparations, reconciliation, and amnesty into
direct engagement with community activists at the coal face of
transitional processes. Participant feedback reports an eagerness on
behalf of all participants to investigate TJ in the local and
international context. In autumn 2011, the programme held a seminar
series to which TJI researchers contributed.
- TJI hosted the final meeting of the Steering Committee in December
2011, at which community activists emphasised the importance of research
and public engagement by TJI researchers.
- Throughout this process, Rooney developed and tested the TJ
Grassroots Toolkit (http://www.thebridgeofhope.org/media/transitional-justice-toolkit-book.pdf),
drawing on her own rich writings and the work of her TJI colleagues (see
project report)
- In 2012, TJI submitted a joint application with Bridge of Hope to the
Victims and Survivors Fund to publish the Toolkit and facilitate its
global dissemination. We are awaiting the decision.
- TJI deployed the Toolkit in its 2012 and 2013 summer schools.
International summer school participants have adopted the Toolkit as a
model to be used in other transitions. Toolkit was successfully used in
USAID training provided by McWilliams to Syrian women leaders (2013).
Ongoing work includes production of a `Training the Trainers' manual, as
well as a Gender Toolkit. The Office of the First Minister and Deputy
First Minister confirm that `[t]he programme was beneficial for good
relations'. Testimonial evidence supports the direct positive influence of
TJ tools on abating community tensions between the communities who
participated in the programme. The participants also asserted that the
Toolkit produced accessible and readily usable knowledge to community
groups and activists working directly with the legacy of the past in daily
life in NI.
Sources to corroborate the impact
-
Report of the Consultative Group on the Past (2009) http://tinyurl.com/nvsfeqr
- Submission to the Consultative Group on the Past (Campbell &
Turner 2008)
- Submission to the Consultative Group on the Past (Hamber 2008)
- Letter from Co-Chair of the Consultative Group on the Past
- Letter & Corroborating Testimonials from Head of Victim Services,
Ashton Community Trust
- Letter from Executive Director, Healing through Remembering
-
Our View (2009) available at http://www.ulsterquakerservice.com/Our-View.pdf
- Letter from the Acting Director, Women's Democracy Network
- Rooney, Transitional Justice Grassroots Engagement Report
(Bridge of Hope, 2012)
- Letter from former TJI Artist in Residence