Addressing Injustice

                           This post is a summary of two article. The first with the title above was published in June of 2003 at http://www.beyondintractability.org/essay/address-injustice. The second was published in September of 2003 at http://www.beyondintractability.org/essay/compensation

              While it is difficult to give a complete and adequate definition of justice, most observers can recognize clear examples of serious injustice when they arise. Such injustice comes in various forms, wherever the norms of distributive justice, procedural justice, or human rights are violated. There are systemic forms of injustice that may persist in a society. These structures give rise to profound injustices that can be difficult to recognize. In some cases, these unfair conditions are imposed by those in power that sometimes use the state' legal and political systems to violate the political and social rights of subordinate groups. Political injustice involves the violation of individual liberties, including the denial of voting rights, infringements on rights to freedom of speech, and inadequate protection from cruel punishment. Such injustice often stems from unfair procedures, and involves political systems in which some but not others are allowed to have voice and representation in decisions that affect them. Even more serious than the injustices discussed above are war crimes and crimes against humanity. These crimes violate individuals' most basic rights. Many scholars and activists note that in order to truly address injustice, we must strive to understand its underlying causes. Indeed, the roots of injustice stem from deeper and more complex political, social and economic problems. It is only by understanding and ameliorating these roots causes and strengthening civil society that we can truly protect human rights. Addressing political injustice is often a matter of developing institutions of fair governance. Such measures are sometimes a matter of reforming institutions or revising state constitutions. In cases where some groups are excluded from political participation, the state can remedy violations of political rights by promoting political inclusion and empowering subordinate groups. Public decision-making should respond to the will of the citizens. A culture of political involvement and public participation should be fostered. In addition, there are various structural changes that might give groups more social and political power. This is often accomplished through the strengthening of the civil society in conjunction with democratization efforts. In some cases, countries requires outside assistance for election monitoring. Addressing systematic economic injustice is often a matter of reforms that give groups better access to jobs, health care, and education. In many cases, lack of access to basic services stems from inequalities in resource distribution. There are various institutional and economic reforms that might be put in place to raise living standards and boost economic growth. For example, develpment of programs that provide assistance for the poor, pension for the elderly, and education for workers help remedy injustice. Severe violations of basic rights and physical safety are sometimes enacted through government policies or inflicted during the course of warfare. It is commonly recognized that government leaders and soldiers, as well as civilians, must be held accountable for perpetrating such injustices. International law has been enacted to preserve humanity in all ciscumstances. Various international committees are in place to monitor compliance with human rights standards and report any violation. In some cases, human rights violations may form part of national policy. In those cases, government officials should be held accountable for policies of apartheid, forced disappearance, torture or genocide. Punishment is to reinforce the international law and to deny those who have violated rules any unfair advantages. In addition, that punishment deters other would-be offenders from committing similar crimes in the future. Some maintain that the vigilant observance of the international community is necessary to ensure justice. Various NGOs, including Amnesty International and the International Commission of Jurists are devoted to bring injustice to light and pressuring governments to address the injustice. Historically, the U.N. has likewise played a central role in dealing with international justice issues. Restorative justice is concerned with healing wounds of victims and repairing harm done to interpersonal relationships and in the community. It can play a crucial role in responding to severe human rights violations. Huge advances are made when governments tell the truth about past atrocities carried out by the state. It is thought that true healing requires remembering the atrocities committed. Restoration often becomes a matter of restitution or reparations. In cases where clear acts of injustice have taken place, some type of compensation package can help to meet the material and emotional needs of victims and remedy the injustice.

                  There is a growing awareness that addressing injustice is a crucial part of the process of healing and reconciliation. In order to move towards a peaceful future, governments must acknowledge and respond to the wrong and injuries of the past, especially human rights violation. Doing so takes various forms. One way is through compensation programs and reparations for the victims of injustice. Many note that issues of compensation and rehabilitation of victims should be incorporated into plans of reconstruction and economic revitalization. To commit human rights injustice is to violate or suppress people's rights or fundamental freedoms as recognized by international law. Unfortunately, many instances of injustices can be tied to policies condoned or consciously chosen by governments. These state-sponsored human rights violations cause serious damage to the physical and moral integrity of individuals. Although these harms are often irreparable, international and national courts have required states to pay victims compensation for both material and psycholigical injury sustained as a direct result of their policies. This serve both to acknowledge the violation and to sanction the state in question. A society that once tolerated human rights abuses must come to terms with the past, accept responsibility, and try to make amends. Customary international law provides the legal foundation for victims' right to compensation. Various international treaties have recognized that victims of human rights violations have a right to compensation and rehabilitation. And the obligation to compensation for victims of injustice has become part of international law. Compensation serves a variety of important functions. First, it helps victims to manage the material aspect of their loss. Individual financial grants helps to bring economic relief to the victims and allow them to fulfill survival needs. Monetary compensation may also deter the state from future abuses by imposing a financial cost in such misdeeds. However, many note that such reparations are not primarily about money, but rather about making crucial repairs to individuals' psyches, and social and political institutions. Compensation serve to acknowledge wrongdoing, restore victims' dignity, and raise public awareness about the harms victims have suffered. For this reason, reparations for victims and their families are often a psychologically necessary component of the healing process.This can help former victims to come to terms with the traumatic events that have occurred. Indeed, compensation programs are a crucial part of restorative justice and serve as focal points in the healing process. They can help victims move beyond the desire for revenge and make possible to repair relationships that have been damaged by acts of injustice. Reparations also serve to expose victims' grievances and redirect blame towards those who are truly responsible. Lastly, compensation serve to promote and protect human rights. They aim to recognize the harms victims have suffered, correct these abuses, and prevent the reocurrences of such acts. In addition, states must carry out various initiatives to ensure that justice is served and guarantee that abuses will not be repeated. Truth commission and war crime tribunals to investigate human rights violations and expose the truth of what happened are crucial. An accurate record of cases should be included in educational materials. In order to ensure that human rights violations will not reoccur, states must work to provide better access to health care, education and jobs. They must also provide human rights training to military forces and law enforcement officials, protect rights of workers, and strengthen the judiciary. Financial assistance is inadequate to address the psychological and social needs of the individuals involved. In addition to suffering physical injury, victims of human rights violations typically suffer psychological injury and emotional distress. Compensation that simply pay out financial grants are not sufficient to help individuals to overcome this psychological trauma. This is because the amount of distress, injustice, and anger that survivors typically struggle with is immeasurable. It is impossible to compensate for years of abuses. Substantial material assistance can not ameliorate all the pain that victims have suffered.