New York based Families For Freedom is among a handful of organizations that directly organize deportees and their families. Analyzing the organization’s resignification of criminalized men of color as caregivers, I argue that current deportation policies and practices reorganize care work and kinship while tying gender and sexuality to national belonging. These policies and practices severely compromise the ability of migrant communities to socially reproduce themselves. Furthermore, the convergence of criminalization and immigration enforcement renders the kinship ties of deportable men (...) illegible, and justifies their separation from their loved ones. Since FFF publicly supports men with criminal convictions, it reveals that its members become targets of deportation precisely because they do not and cannot conform to heteronormative prescriptions. (shrink)

Stories told about violence, trauma, and loss inform knowledge of post-conflict societies. Stories have a context which is part of the story-teller’s life narrative. Reasons for silences are varied. This article affirms the importance of telling and listening to stories and notes the significance of silences within transitional justice’s narratives. It does this in three ways. First, it outlines a critical narrative theory of transitional justice which confirms the importance of narrative agency in telling or withholding stories. Relatedly, it affirms (...) the importance of story-telling as a way to explain differentiated gender requirements within transitional justice processes. Second, it examines gendered differences in the ways that women are silenced by shame, choose silence to retain self-respect, use silence as a strategy of survival, or an agential act. Third, it argues that compassionate listening requires gender-sensitive responses that recognize the narrator’s sense of self and needs. (shrink)

This paper will explore the 1948 Universal Declaration of Human Rights as an exemplar of political mythmaking, a genre of narrative designed to channel and thereby to quell social anxiety and to orient select groups toward desirable beliefs and practices. One of the Declaration’s most fundamental and forceful elements is its enshrinement of the “inherent dignity” of each member of the human family. Drawing upon contemporary theorizations of mythmaking and sacralization, this article will elucidate the manner in which inherent dignity (...) functions as the central item of sacredness within what we might call the “secular morality” of universal human rights. (shrink)

This article offers an account of settler witnessing of residential school survivor testimony that avoids the politics of recognition and the pitfalls of colonial empathy. It knits together the concepts of bearing witness, Indigenous storytelling, and affective reckoning. Following the work of Kelly Oliver, it argues that witnessing involves a reaching beyond ourselves and responsiveness to the agency and self-determination of the other. Given the cultural genocide of residential schools, responsiveness to the other require openness to and nurturing of Indigenous (...) ways of knowing and being. In order to illustrate the complexities and challenges of settler witnessing, the author reflects on her experiences in attending six of the TRC’s national events and, in particular, what she has learned from Frederick “Fredda” Paul, Passamaquoddy Elder, healer, storyteller, and residential school survivor. The article analyzes (1) aesthetics and emotions in the staging of TRC events and (2) making meaning over time and the temporality of transitional justice. (shrink)

This paper foregrounds how women’s public testimony as part of a formal transitional justice initiative is shaped by the particular context in which a commission operate, including the political and security environment. While the literature has engaged with the gendered predicaments of truth commissions after peace agreements and during transitions away from non-democratic rule, the function of such initiatives in more authoritarian and in immediate post-war contexts is generally overlooked. I examine women’s testimonies from Sri Lanka’s Lessons Learned and Reconciliation (...) Commission, and contend that pervasive militarization and insecurity, and the conduct of the Commission, influenced the stories that came forth. Women’s testimonies in the war-torn areas primarily represent pleas for information about missing family members and reflect important silences about the women’s own experiences of abuse, including ongoing post-war insecurities. The analysis raises questions about what may be expected from transitional justice efforts in difficult post-war contexts. (shrink)

Engages and extends the feminist philosopher Lorraine Code's groundbreaking work on epistemology and ethics.

Elizabeth Anker y Bernardette Meyler, profesoras de literatura y de derecho respectivamente, involucradas ambas en los últimos años con el movimiento “derecho y literatura”, editan en 2017 New Directions in Law and Literature.

It is argued that the stories of the survivors of the Srebrenica massacre in 1995 have been neglected by the memorial culture of Bosnia and by the various national reports that investigated how the massacre could have taken place. The author argues that a satisfactory history of the genocide has to include the voices of the survivors, in this case, the women. These are stories of trauma that are hard to listen to. She compares listening to them to the difficulty (...) historians experience in listening to the stories of other genocides like the Shoah/Holocaust, they are stories based on silence about what cannot be told. The argument relies on the oral history literature on listening to trauma as personal and subjective accounts of survival. They are not straightforward referential narratives. One narrative, the narrative of Sabaheta who lost her child and husband, is central to the piece. She is one of the women interviewed by the author. The interview expresses sorrow about loss and rage about the international community; these stories are interwoven. The narrative also describes through the eyes of the victim what she felt happened. The author is Dutch, so is part of the one nation – more than any other – that is accused of “doing nothing.” It was the Dutch army that was supposed to protect the civilian population of Srebrenica. The government of The Netherlands has halted any negotiation on financial support for the research as “the project does not help to overcome trauma.” She argues that giving a voice to the victim is a necessary step toward closure. (shrink)

Works of human rights literature help to ground the formal rights system in an informal rights ethos. Writers have developed four major modes of human rights literature as follows: protest, testimony, lament, and laughter. Through interpretations of poetry in Carolyn Forché’s anthology, Against Forgetting, and novels from Rwanda, the US, and Bosnia, I focus on the mode of lament, the literature of mourning. Lament is a social and ritualized form, the purposes of which are congruent with the aims of transitional (...) justice institutions. Both laments and truth commissions employ grieving narratives to help survivors of human rights trauma bequeath to the ghosts of the past the justice of a monument while renewing the survivors’ capacity for rebuilding civil society in the future. Human rights scholars need a broader, extrajuridical meaning for “transitional justice” if we hope to capture its power. (shrink)