Vetting as an Element of Institutional Reform and Transitional Justice

Authors

  • Maja Kovač Institute of Criminological and Sociological Research, Belgrade, Serbia

Keywords:

vetting, institutional reform, transitional justice

Abstract

Reforming institutions in countries emerging from conflict or authoritarian rule contributes to achieving a central objective of an effective and legitimate transitional justice policy: the prevention of recurrence of human rights abuses. Therefore, vetting as an element of institutional reform and transitional justice should be considered as a measure to reform institutions responsible for human rights violations, thus it calls for individual responsibility of those who were involved in the past human rights abuses. As a key measure of institutional reform, vetting, to a great extent, affects the functioning of the institution to be reformed, and thus relates to the other institutional reform processes. I argue in this article that the necessity to approach institutional reform processes holistically and coherently is justified by the convergence and mutual reinforcement of the mechanisms of institutional reform processes. Failing to implement one of the measures may instigate failure to implement another. Accordingly, a coherent and holistic approach to transitional justice mechanisms in post-conflict and/or post-authoritarian settings is of great significance for the achievement of sustainability of transitional justice policy. However, little systematic attention has been paid to the topic of vetting as an institutional reform and transitional justice measure. The main reasons for such a lack of attention and familiarity with the term come from a misconception of the meaning of the process, a lack of its clarity in the literature, and minor efforts taken to distinguish it from massive dismissals or purges. The discussion in this article strives to fill this gap by offering a comprehensive approach to the subject of research.

References

Aucoin, L., & Babbitt, E. (2006). Transitional justice: Assessment survey of conditions in the former Yugoslavia. UNDP Serbia.

De Greiff, P. (2007). Vetting and transitional justice. In A. Mayer-Rieckh & P. de Greiff (Eds.), Justice as prevention: Vetting public employees in transitional societies (pp. 522–544). Social Science Research Council.

Hatschikjan, M. (Ed.). (2005). Manual on lustration: Public access to files of the secret services and public debates of the past in the Western Balkans. Center for Democracy and Reconciliation in Southeast Europe.

Mayer-Rieckh, A. (2007). Vetting to prevent future abuses: Reforming police, courts, and prosecutor’s offices in Bosnia and Herzegovina. In A. Mayer-Rieckh & P. de Greiff (Eds.), Justice as prevention: Vetting public employees in transitional societies (pp. 180–220). Social Science Research Council.

Mayer-Rieckh, A. (2007). On preventing abuse: Vetting and other transitional reforms. In A. Mayer-Rieckh & P. de Greiff (Eds.), Justice as prevention: Vetting public employees in transitional societies (pp. 482–520). Social Science Research Council.

Přibáň, J. (2007). Oppressors and their victims: The Czech lustration law and the rule of law. In A. Mayer-Rieckh & P. de Greiff (Eds.), Justice as prevention: Vetting public employees in transitional societies (pp. 308–347). Social Science Research Council.

Office of the United Nations High Commissioner for Human Rights. (2006). Rule-of-law tools for post-conflict states: Vetting: An operational framework. United Nations.

UN Security Council. (2004). The rule of law and transitional justice in conflict and post-conflict societies: Report of the Secretary-General (S/2004/616). United Nations.

International Center for Transitional Justice. (n.d.). Serbia and Montenegro: Selected developments in transitional justice. http://www.ictj.org

Zakon o odgovornosti za kršenje ljudskih prava. (2003). Službeni glasnik Republike Srbije, br. 58/03 i 61/03.

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Published

2007-12-10

How to Cite

Kovač, M. (2007). Vetting as an Element of Institutional Reform and Transitional Justice. Zbornik Instituta Za kriminološka I sociološka istraživanja, 26(1–2), 53–75. Retrieved from https://zbornik-iksi.rs/index.php/home/article/view/80

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