1 Transformative Justice – A Concept Note Paul Gready, Jelke Boesten, Gordon Crawford, & Polly Wilding October 2010 This concept note was developed as a discussion paper to think about the meaning and potential of transformative justice. The paper formed the starting point of several workshops and conferences discussing transformative justice from a range of perspectives, and relative to a range of themes and issues. Comments and suggestions are welcome and should be addressed to Paul Gready. Introduction Over the past 20 years, there has been a proliferation of ‘transitional justice’ mechanisms (primarily, criminal tribunals and truth commissions) that have promised accountability for perpetrators and redress for victims. Most of these mechanisms have focused on the level of the state and on state- related institutions in countries of the Global South, often supported by intergovernmental organisations. Yet, the performance and impact of such mechanisms has been at best ambiguous and at times disappointing. Furthermore, these interventions have been critiqued for treating the symptoms rather than the causes of conflict. This suggests the need for a new research agenda, one that offers a concept of justice that is more ‘transformative’ than ‘transitional’, i.e. that seeks to change pre-conflict structures in ways that are more inclusive, less unequal and more fair. This research agenda also provides an alternative approach to dealing with state fragility, conflict and security. Transformative justice is not a completely new concept, including within the transitional justice arena (Lambourne 2009, UN Women 2010), but it remains inadequately theorised and has not been sufficiently translated into policy and practice. This concept note seeks to define transformative justice, and what an associated research and practitioner agenda might look like. It contains three sections. The first outlines the origins and motives of the move from transitional to transformative justice. The second details five impediments to structural transformation which if not addressed have the potential to re-ignite conflict, and spread insecurity over national borders: (1) poverty and inequality; (2) resource exploitation and environmental degradation; (3) high levels of political, social, and/or criminal violence; (4) fragile states and institutions; and (5) the continued marginalisation of sections of the population, notably women and children. A final section discusses two process dimensions of transformative justice: globalisation, and the role of non-governmental actors. Origins of Transformative Justice (and Some Words of Caution) This section addresses both the reasons why a more transformative approach is needed (structural and every day violences) and some entry-points within existing transitional justice thinking (‘holistic approaches’). Structural and ‘everyday’ violence(s) Structural violence is the systematic violence of social institutions that oppress certain social groups, condemning them to abject poverty and the marginalisation that accompanies severe inequality. Farmer refers to these indirect forms of violence as “the social machinery of oppression” (2004:307).