Democratization Research Articles

Implementation of EU Values in Transitional Democracies: Experience of Ukraine and the Republic of Moldova

This article examines the features of implementing EU values in transitional democracies, with a focus on Ukraine and the Republic of Moldova. It aims to explore the challenges and successes of these countries in adopting European values and democratic principles, as well as to analyse the impact of such implementation on their social and political development. Drawing on existing literature and case studies, the article explores the historical and political experience of Ukraine and the Republic of Moldova on the way to the implementation of EU values, including their transition from Soviet-style governance to democratic systems. The analysis highlights the role of political instability, corruption, judicial reforms, and cultural factors in shaping the implementation of EU values, as well as the importance of civil society and EU engagement in promoting democratic reform. In particular, the article emphasizes the role of mentality in shaping public attitudes towards democracy and the rule of law. In particular, the article emphasizes the role of mentality in shaping public attitudes towards democracy and the rule of law. Overall, the article argues that successful implementation of EU values is crucial for the future of democracy and economic development in Ukraine and the Republic of Moldova. And, that a comprehensive and multi-faceted approach is necessary to overcome the challenges that stand in the way. The Russian–Ukrainian war, which began in February 2022, has become a global challenge and a threat to the entire democratic concept of Europe. Today, it is clear that the military conflict in Ukraine is a fierce confrontation between democratic and traditional values. Accordingly, Ukraine’s victory will be a fundamental determinant in strengthening and developing European values in the region. That is why, realising this, the EU and most democratic countries are trying to support Ukraine in this struggle in every possible way.

The struggle of energy communities to enhance energy justice: insights from 113 German cases

BackgroundEnergy communities provide access to energy services, such as affordable clean energy and energy-efficiency measures. Some of these services are of particular benefit for vulnerable households struggling with high energy prices and low incomes. European energy policy stipulates an enabling framework to support energy communities offering such services to all households, explicitly soliciting the inclusion of vulnerable and low-income groups enhancing energy justice and democracy. With transposition still pending in Germany, the question remains as to what extent vulnerable groups benefit in practice.ResultsBased on the data from an online survey among 113 German energy communities, this paper investigates the extent to which energy communities enhance energy justice and democracy in the German energy transition. We have therefore to ask how energy communities reach out to vulnerable groups and describe the hurdles energy communities face. Even though some energy communities successfully reach vulnerable households, we show that the majority struggle to truely reach out to these groups. In the absence of regulatory support for engaging with vulnerable groups and confronted with a competitive energy market, energy communities are focussing on remaining in business. In this context, it should also be mentioned that some energy communities do not reach out to vulnerable groups to offer beneficial services that are of particular interest for the majority of them.ConclusionBased on these findings, we would like to underline the need for enabling regulations to support energy communities’ contribution to justice and democracy. An ‘enabling framework’ demands a clear taxonomy, which distinguishes different organisational and social energy community characteristics to acknowledge their social welfare-enhancing role and avoid misinterpretations and potential misuse.

Analysis of Islamic Law Accommodation In National Law during the Era of Democratic Transition Government 2001-2004

This paper aims to analyze the position of Islamic law in the national legal system during the democratic transition (2001-2004), which was led by Megawati Sukarnoputri. Although she and the supporting party she led (PDIP) are often associated with secularism (at least considered insensitive to the problems of Muslims), during her reign from 2001 to 2004 several regulations were born that accommodated the interests of Muslims in the form of laws. This study uses a normative research method with primary-based secondary data sources. This study found that of the 126 laws that were legislated during the 2001-2004 transitional government, fourteen of them had intersections with the interests of Muslims which were accommodated in two patterns; first, formalist accommodation where the law strengthened the enactment of Islamic law for Muslims in Indonesia, such as Law No. 18 of 2001 concerning Special Autonomy for the Province of NAD; Law No. 18 of 2003 concerning Advocates, and so on. Second, accommodation in the form of substantive laws that are in line with Maqashid Shari'ah or at least do not contradict Islamic teachings as illustrated in Law No. 20 of 2001 concerning Amendments to Law No. 31 of 1999 concerning Corruption, Law No. 30 of 2002 concerning the Corruption Commission, Law No. 23 of 2002 concerning Child Protection, and others.

‘Debris’ of Coups D’état: Electoral Democracy, Election Violence, Political Vigilantism, and Elections Securitizations in Africa

Recent warm reception to military takeovers and mongering for coups d’état by citizens in some African nations due primarily to the disillusionment that has accompanied the promise that democracy in a globalized world will lead to prosperity and improve standards of living coupled with the myriad of social, economic, security and political challenges have become of great concerns to scholars, social scientists, advocates, and observers of African democracy. Three decades since the publication of Huntington’s famous work, Democracy’s Third Wave and Prezeworski’s recent book “Crisis in Democracy”, political observers of Africa’s democratic transitions and consolidation are questioning whether recent successful coups and attempts since 2010 in countries such as Mali, Burkina, Faso, Niger, Sudan, Zimbabwe, Equatorial Guinea, Guinea Bissau, Madagascar, Democratic Republic of Congo, Ivory Coast, Central African Republic, Chad, Egypt, Gabon, Sudan amongst others raise serious questions about the future of African democracy. The numerous and successful military takeovers across the continent particularly in the West African sub-region raise a myriad of questions as to the direction of African democratic transition and consolidation. These causing many scholars, political analysts, academics, democratic advocates and experts on military takeovers/coup to begin to analyze whether recent happenings on the continent can be characterized as “debris” of coups d’état in the post-independence-democratic transitional era or a reversal of the Third Wave of democracy on the continent. Building upon earlier analytical work on military coups this paper explores the concept of securitization of elections through the recruitment and prioritized treatment of political vigilante groups into the regular and specialized security agencies) as long terms risks for “debris” of coup d’états by adopting elections as a “minimalist” or “electoralist” definition of democracy.

Long-term relationships between business interests and the state in Mexico

This text presents an overall and long-term vision of the relations between business and the state in Mexico. The analysis aims to explain how business mobilize their interests, what influence they have on public policies that affect the entire society, why and how they have participated in party politics and the expansion of democracy in Mexico. It shows how they started the twentieth century with a legitimacy deficit, expelled from the political scene because of the Revolution (1910–1921), and how they managed to grow and create powerful companies and organizations that allowed them to transnationalize and start the twenty-first century at the top of the power, not only economic, but also political. It examines the political participation of business to face the growing interventionism of the State in the economy during the period of industrialization by import substitution and shows how many business people left their companies to enter partisan politics from the local and regional spheres to the National. Their involvement in public policies that led to privatization, deregulation, and economic openness is also examined. The relations of business interests with the four governments of the twenty-first century is analyzed in a particular way: the two of the PAN (Vicente Fox, 2000–2006 and Felipe Calderón 2006–2012), that of the PRI (Enrique Peña Nieto, 2012–2018) and that of Morena (Andrés Manuel López, 2018…).

Analysis of the Changes and Reasons for the ethnic Chinese Policy of Indonesian Government in the post-Suharto era

After the May 1998 "May riots", Suharto stepped down from power and Habibie was sworn in as president, marking the beginning of the post-Suharto era in Indonesia. During the successive presidencies of Habibie, Wahid, Megawati, Susilo, and Joko Widodo, they each adjusted policies towards the Chinese Indonesians, respecting Chinese customs and safeguarding their political and cultural rights, resulting in an improvement of their status. The Indonesian government's policy adjustments towards the Chinese Indonesians went through a gradual and multi-faceted reform process, reflecting progressive values. Internationally, peace and development, democracy and progress became the trend of the times and Indonesia-China relations rapidly developed. Domestically, the rise of the democratic reform movement, the urgent demand to revitalize the economy, the advocacy of the Chinese Indonesians, and the personal traits of leaders all became significant driving forces behind the adjustment of ethnic Chinese policies.

Between Science, Movement, and Democracy: Scientists for Future in the Politics–Society Interface

In the midst of the recent wave of climate activism, a group of scientists formed the initiative Scientists for Future (S4F) to support the Fridays for Future movement and emphasise the scientific evidence their activism is based on. While scientists have participated in policymaking by taking roles as advisers to policymakers in the past, forming a social movement is an unprecedented form of communicating scientific evidence. In this contribution, we assume that the S4F initiative aims to voice dissatisfaction both with prevalent decision-making processes and with the substance of these decisions. Using novel data from a survey conducted among members of this movement in the summer of 2021, we investigated their motivations and perspectives on the role of scientists in democratic processes and their attitudes about a reformist or more radical pathway towards a climate-neutral society and sustainable development. Our analysis shows that the majority of S4F members support democratic reforms rather than fundamental systemic change. Furthermore, most respondents show signs of a conviction that scientific expertise should take a superior role in climate policy rather than make room for wide participatory practices. Overall, the S4F is aimed at the diversification of political arenas to raise the impact of scientific knowledge in environmental and climate policymaking.

President Donald Trump's Abraham Accords initiative: Prospects for Israel, the Arab states, and Palestinians

AbstractFocusing on recent U.S. policy developments toward the Middle East, this commentary examines the potential influence of the Abraham Accords' agreements on politics in the region, the resolution of the Israeli–Palestinian conflict, and the future of Israel as a democratic and Jewish state. It is based on a review of media coverage of the accords. It begins with a brief history of President Donald Trump's earlier Middle East policies involving Jerusalem, the West Bank, and the “Joint Comprehensive Plan of Action” limiting Iran's access to nuclear weapons. I then examine the development of the Abraham Accords under the direction of Jared Kushner. This is followed by an analysis of the potential consequences of the Accords on relations between Israel and the Arab states including Saudi Arabia, on the Israeli–Palestinian conflict, and on the potential policy implications for the Palestinians. I close with a comment on the future sustainability of Israel as a Jewish and democratic political entity.Related ArticlesFriedlander, Melvin A. 1988. “Jimmy Carter's Fascination with the Middle East.” Politics & Policy (formerly, Southeastern Political Review) 16(1): 205–30. https://doi.org/10.1111/j.1747‐1346.1988.tb00251.x.Jouini, Nizar, and Manel Ben Akal. 2022. “Political Consensus, Economic Reforms, and Democratic Transitions in the Middle East: Evidence from Voting on Tunisian Reform Bills.” Politics & Policy 50(4): 851–71. https://doi.org/10.1111/polp.12489.Sarquís, David J. 2012. “Democratization after the Arab Spring: The Case of Egypt's Political Transition.” Politics & Policy 40(5): 871–903. https://doi.org/10.1111/j.1747‐1346.2012.00381.x.

Fossil fuel racism in the United States: How phasing out coal, oil, and gas can protect communities

Fossil fuels — coal, oil, and gas — lie at the heart of the interconnected crises we face, including climate change, racial injustice, and public health. Each stage of the fossil fuel life cycle — extraction, processing, transport, and combustion — generates toxic air and water pollution, as well as greenhouse gas (GHGs) emissions that drive the global climate crisis. Addressing the harmful effects of energy decisions, including unequal risk distribution across various governance levels, supply chains, and political jurisdictions, is a complex task for policymakers and society. A deeper understanding of how harms are embodied within fossil fuel life cycles is needed. This paper provides a narrative review of recent studies within the United States (U.S.) that document both public health harms and disproportionate impacts along the fossil fuel life cycle. In the U.S. the public health hazards from air and water pollution, and risks associated with climate change, fall disproportionately on Black, Brown, Indigenous, and poor communities. “Sacrifice zones” and systemic racism are deeply intertwined within the fossil-fuel based economy. We argue systemic racism subsidizes the fossil fuel industry by enabling it to externalize the costs of pollution and environmental degradation onto communities of color. We position “fossil fuel racism” as a subset of environmental racism and argue that this framing is useful because it shifts analytical and political focus to the systems and structures which are actively protecting and promoting continued production of fossil fuels. We discuss the implications of this body of research for climate policy, and outline how poorly designed “carbon-centric” policies—which focus narrowly on GHGs reduction—could fail to alleviate the racialized disparities or potentially worsen it for some communities. We emphasize the need to move beyond carbon-centric approaches to climate solutions to more integrative approaches to policy design that can improve public health, tackle the global climate crisis, and rectify our legacy of fossil fuel racism. Specifically we call for a managed phase out of fossil fuel production and the enactment of wider programs of social, economic, and democratic reforms via a Green New Deal. Adequately addressing the climate crisis and fossil fuel racism require political and policy solutions that disrupt the power and actions of the fossil fuel industry and their state allies.

Exacerbating Pre-Existing Vulnerabilities: an Analysis of the Effects of the COVID-19 Pandemic on Human Trafficking in Sudan.

COVID-19 has caused far-reaching humanitarian challenges. Amongst the emerging impacts of the pandemic is on thedynamics of human trafficking. This paper presents findings from a multi-methods study interrogating the impacts of COVID-19 on human trafficking in Sudan-a critical source, destination, and transit country. The analysis combines a systematic evidence review, semi-structured interviews, and a focus group with survivors, conducted between January and May of 2021. We find key risks have been exacerbated, and simultaneously, critical infrastructure for identifying victims, providing support, and ensuring accountability of perpetrators has been impeded. Centrally, the co-occurrence of the pandemic and the democratic transition undercut the institutional and governance capacity, limiting the anti-trafficking response and exposing already vulnerable groups to increased risks of human trafficking. Findings point to increased vulnerabilities for individuals with one or more of the following identities: migrants, refugees, females, and informal labourers.

The Effect of Corrupt Practices on Electoral Participation, Campaign Activities, and the Performance of the Democratic Transition in Somalia

The aim of this study is to examine the nexus between electoral corruption and political participation, such as voting and campaign activities, and the performance of the democratic transition in Somalia. Corruption has become endemic in political systems and democratic practices, leading to a global crisis. In particular, fraud, meddling, clannishness, and unsuccessful transitions marred Somalia's electoral past, which contributed to a dysfunctional state. This study used a qualitative method to interview 18 people from different professions. The findings of the study shed light on the pervasive corruption that has plagued recent indirect elections. The study observes that candidates have been threatened, election lists have been altered, votes have been purchased, and results have been manipulated, all of which have discouraged voters. The author finds that since clan representatives and traditional elders are compensated, the decision on who to vote for is also affected. The paper argues that much work remains to protect Somalia's fledgling democracy, achieve political participation, implement anti-corruption and accountability measures, and enact election campaign legislation.

Reconceptualizing the military in democratic transitions: comparing Myanmar with its Southeast Asian counterparts

Unless the military is under civilian control, the risk of military intervention and control in politics will continue to linger even after democratization, especially in states with a history of military rule. Indonesia, Myanmar, and Thailand make up the past and present military-led regimes in Southeast Asia, in which the military has played a vital part in shaping the trajectory of each state’s democratization process. Yet why are some militaries able to maintain significant military control despite transitions from military to democratic rule? What explains the Myanmar military’s divergence from its Southeast Asian counterparts? The paper positions the military and the continuation of military control as the center of analysis in understanding civilian control and democratization. It proposes the reconceptualization of the military as an inherently political institution affected by path-dependency, relationalism, and rent-seeking. This framework focuses upon the military’s legitimation of its role in politics, repression/co-optation of competing forces, and establishment of an independent economic base. The paper argues that the form and extent of military control in Myanmar is not only hegemonic, but has also transformed, in the decades of military rule, to become the state itself—a level of military influence unparalleled by its regional counterparts in Indonesia and Thailand.

From Political Unknown to an Unwanted Incumbent: Comparing Media Coverage of the 2020 and 2016 U.S. Presidential Election Within Nondemocratic Media

In a time of declining support for democracy and intensifying rivalry between democracies and autocracies, understanding how nondemocratic nations portray U.S. elections is vital. And yet, despite the enormous attention U.S. presidential elections attract around the world, the manner in which international media makes sense of U.S. campaigns remains unclear, with only a limited number of comparative studies conducted and even fewer looking at non-Western, nondemocratic nations. Furthermore, current comparative frameworks remain biased toward Western conceptualizations of media and their role in democratic countries, with nondemocratic or transitional democracies used to support theoretical models developed elsewhere. Thus, this study offers strategic media narratives as an alternative means to understand transnational similarities and differences in election reporting emerging from four non-Western, nondemocratic nations by comparing their coverage of the 2020 and 2016 U.S. presidential campaigns. Results show substantial shifts in the nature of coverage, albeit with some similarities between campaigns. Trump remained negatively discussed in both elections, but with reporting in 2020 associating his leadership character to his policies. Whereas Clinton was negatively covered in 2016, Biden was neutrally discussed in 2020 with focus on his character and policies drawn in contrast to Trump. Both political parties were negatively covered, with Chinese, Russian, and Iranian narratives associating Republicans and Democrats as pursing confrontational relations with each nation. Most importantly, discussions of U.S. democracy were substantially more frequent and negative in 2020 compared to 2016. Taken together, the study contributes theoretically and empirically to the study of comparative election research by theorizing the role of narratives in international campaign coverage, addressing the gap in research into nondemocratic media reporting of international elections, and provides one of the few cross-time comparisons enabling insight into the drivers of how and why coverage of U.S. elections change.

Democratic Transition of Nepal-2006: A Theoretical Sociological Analysis

Democracy approximates a politically equal situation to all human subjects. People’s voice for democracy and increasing number of countries adopting a democratic regime indicate democracy’s endorsement of the notion ‘people as sovereign’. Often said, each People’s Movement is inclined to one’s right to freedom, equality and justice. Thus, democracy is deliberately inserted into any of the contemporary debates ranging from a peaceful deal to any social movement and war, be it the external type of Independence Movement, or the internal type of social, cultural, economic and political riots, protest movements or great revolutions including the French Revolution and others. The late-twentieth and early twenty-first century witnessed communist regimes’ gradual greet to democracy, and a situation occurred as if democracy was an undisputed form of regime. In 2006, a collective campaign of people throughout the country came to the street making alliance with the civil society organizations, previously underground Maoist party and other mainstream political parties to protest the royal takeover and bring democracy back into practice. The movement was culminated with bringing a huge transition – Nepal’s Democratic Transition-2006 – which this paper attempts to theorize. By giving special reference to the Game Theory of Daron Acemoglu and James A. Robinson, this paper verifies the role of micro and macro components as equally and strategically active for enabling the democratic transition of a nation.

Remembering Wiji Thukul, Indonesia's Murdered Poet-activist

ABSTRACT Modern Indonesia has been shaped by human rights abuses, with the military regime of Major-General Suharto (1966 −1998) standing at the fulcrum of this history. Over twenty-five years since its fall, survivors and their families continue to struggle with this legacy. This paper focuses on the case of Wiji Thukul, a disappeared poet-activist whose life and work continue to inspire progressive Indonesians decades after he played an important role in the movement that helped topple Suharto’s dictatorship. It translates for a non-Indonesian audience his life, which was characterised by a creative practice that gave voice to working-class people like himself. It asserts that remembering Thukul has helped energise and galvanise efforts to advance Indonesia’s conflicted and fragile democratic project. In doing this, it also charts how, in the first two decades of the millennium, he came to be an underground icon of activism and public discourse on unresolved human rights abuses and democratic reform, notably through the ‘refusing to forget’ movement. This has been significant in resistance to the return of authoritarianism. Beyond this, it examines how his memory has been translated for a new generation that never experienced the regime and argues for his significance in an international context.

Democratic transition and party polarization: A fuzzy regression discontinuity design approach

How does democratic transition affect party polarization? While previous literature on party politics in post-transition environments describes a fragmented political system marked by multi-partism and the rise of weakly institutionalized parties, party polarization in young democracies is underexplored. We argue that democratic transition reduces party polarization by introducing a new set of parties which have not consolidated their issue positions yet. The ambiguity of party positions makes ideological attributes less salient and renders a less polarized party politics. To assess the impact of the party polarization in young democracies, we employ a fuzzy regression discontinuity design (RDD). We use the Manifesto Project data on right-left positions of parties from 58 countries to measure party polarization and the Varieties of Democracy (V-DEM) data on regime transition to identify democratic transitions. Our findings suggest that party polarization on right-left issue position decreases on average, following the democratic transition.

Du sang et des larmes par Mohamed Condé

Reviewed by: Du sang et des larmes par Mohamed Condé Deborah Gaensbauer CondÉ, Mohamed. Du sang et des larmes. L'Harmattan, 2022. ISBN 978-2-14-027691-0. Pp. 162. This highly political story of a young boy, Sima, who survives acute childhood leukemia to become a contested leader of a Guinean opposition party, reflects the complexity of the author's syncretic Muslim and Malinke background and his broad involvement as an educator, journalist, and government official in Guinea's turbulent politics. Condé's revised edition of his first published novel augments the meticulous cultural, political, and topographical details that contextualize a very broad spectrum of events and relationships, further enhancing its distinct pedagogical value. The first of the novel's three sections, focalized principally through the perceptions of the seven-year-old Sima's father, Madu, depicts with moving attunement to parental anguish the crucial role of tradition and community in Guinean society. Vacillating between revolt and resignation and ambivalent recourse to spiritualism and herbal remedies as well as mainstream medical practices, Madu struggles for roughly a year to obtain a visa permitting Sima's hospitalization in Paris. Emphasis on the obstacles to Madu's quest posed by bureaucracy in Conakry and distrustful French immigration policies serves to introduce the numerous analyses and critiques of clandestine migration that figure as a primary binding theme in the novel. Intensifying critiques of post-independence Guinea in the second and third sections increasingly inflect the story with a didactic political emphasis. Recovered from leukemia in the second section, thanks to extraordinary familial devotion and combined interventions of traditional African healers and French oncologists, Sima becomes immersed in a community of Guinean expatriates in Paris. Condé relays their dissident conversations at length, mobilizing what is a recurrent and sometimes artistically artificial device to incorporate analyses and background material that would otherwise fall outside the immediate development of the narrative. In the most significant change made to the 2022 edition, Condé eliminates this kind of dramatic tension-breaking elaboration to powerful effect at the end of the novel. Sima, having somewhat naively risked accepting the post of Guinean prime minister, is assassinated just as he believes he is about to succeed in imposing democratic reforms. "La soif du pouvoir de l'homme est plus cruelle que le cancer" (159). This reaction from a witness concludes both editions but with significantly different contextualization. In the first edition, a moralizing commentary on Guinean politics prefaces the remark, clearly distinguishing corrupt government officials from the visionary Sima. In the revised version, the comment is not elaborated. Couched in a fraught ambiguity, it becomes interpretable as a warning generalizable to all political ambitions. The novel's multiple exhortations to young Guineans to resist migration and draw strength from what Condé represents as a uniquely African sense of community are thus complicated by a stark acknowledgement of risks inherent in [End Page 228] fighting for life-sustaining conditions in present-day Guinea. (Between the two versions, Condé was abruptly dismissed from his position as Secretary General of the Ministry of Information and Communication.) Written from a perspective as critical of contemporary Guinea as it is of Western cultural and economic hegemony, Du sang et des larmes is a politically courageous and disturbing portrayal of the fragility of democracy. [End Page 229] Deborah Gaensbauer Regis University (CO), emerita Copyright © 2023 American Association of Teachers of French

Amnesty in Brazil: Recompense after Repression, 1895–2010

After 15 years of dictatorship, the Brazilian military leaders issued Law No. 6683, an amnesty law that started a slow process of democratic transition in the country. The law granted an official pardon to individuals accused of political crimes and to those who had their political rights suspended between September 1961 and August 1979. Ann Schneider's Amnesty in Brazil: Recompense after Repression, 1895–2010 examines this amnesty law, contextualizing it as part of a long history of amnesty laws in Brazil. Schneider shows that to understand how Law No. 6683 was interpreted and contested after the 1980s, we need to study the history of how Brazilian politicians, lawyers, writers, and other members of civil society developed a tradition of demanding and creating amnesty policies to resolve conflicts and crises since the First Republic—in 1891, when the first amnesty decree was issued. She demonstrates that throughout the twentieth century amnesty became an “institution to secure rights” in Brazil (p. 24).Schneider shows that the Brazilian state resorted to amnesty laws since the First Republic as a political solution to reconcile civil and human rights violations and that the first one, enacted by President Prudente de Morais, set a precedent for the use of amnesty in Brazil. Throughout the twentieth century, politicians and activists deployed the arguments that jurist Rui Barbosa first drafted in 1895 as a key part to settling civil and political conflicts. Amnesty became a government tool to both secure peace and turn toward new political regimes in Brazil.One of the book's main contributions is to illustrate that while amnesty laws and decrees of the post-1979 era in various countries often granted amnesty to the perpetrators of human rights violations, shielding them from accountability, in Brazil they also provided mechanisms for possible restitution to victims. Chapter 8 shows that because perpetrators were amnestied, the families of disappeared members of the Araguaia guerrilla movement never got justice. One example that the author discusses is the case of Major Curió, accused of the aggravated kidnapping of five guerrillas who were last seen in 1974. The judge assigned to his case rejected the complaint against him, suggesting that it would not be in the public's interest to rule against the amnesty law. Nonetheless, Schneider shows that while the law worked for state agents, it also benefited victims of the dictatorship. In 2001, for example, the Brazilian state created an amnesty commission that formally acknowledged state repression and offered monetary restitution and an official apology to the victims of the 1964–85 dictatorship. With this, amnesty in Brazil became associated not only with the pardoning of crimes and accusations but also with reparation and compensation. Schneider examines how amnesty laws in the late twentieth and early twentieth-first centuries came to incorporate the civil justice principle that quem causa dano repara (the one who harms must repair).In addition to discussing the amnesty laws, this book examines the crises and conflicts that led to their creation—over public health, racial relations, and class difference. One of the many valuable aspects of Schneider's analysis is the focus on the perspectives of victims—such as João Cândido, a Black sailor who rebelled against the navy's punitive methods, and Victória Grabois, whose husband, father, and brother, members of the Araguaia movement, disappeared during the 1970s. Schneider differentiates the anistiados (amnestied) from the anistiandos (those in the process of seeking amnesty). One important consequence of highlighting this difference is to show that the history of amnesty is ongoing. Those who got amnesty only considered themselves amnestied after they received reparations for the violence that the state subjected them to. Those who did not continued fighting for restitutions.While claiming amnesty became associated with restitution in Brazil, Schneider understands the limits of this legal framework. She disagrees with the idea that amnesty was triumphal or that it ended in the recognition and restitution of all rights in Brazil. Yet her argument that these laws and decrees represented an important legal basis for how people framed their access to rights is still valid and important. She provides a careful examination on the multiple groups who participated in the processes leading to the creation and application of amnesty laws. Even though amnesty did not benefit all groups who claimed to have a right to it, the groups who demanded amnesty influenced a tradition in which these laws were created and used this legal framework to their advantage. Schneider's analysis, therefore, provides a novel perspective for understanding how different groups in Brazil negotiated their rights in the public sphere.Lastly, Schneider's writing is accessible, and her narrative style is easy to follow. All students interested in human rights and transitional justice across disciplines will benefit from reading this well-researched and carefully organized book.

Analyzing the Legal Implications of the Open Proportional System in Indonesian Legislative Elections: A Focus on Political Liberalization and Corruption

The study focuses on discussing the problem of legal implementing an open proportional election system in legislative elections in Indonesia, its role and influence on the emergence of political anomalies within the parliament, in this case political liberalization and corruption. The study question is about the dynamics of implementing an open proportional system in the context of elections and how the legislative elections are correlated with the practice of political liberalization and corruption in Indonesia. This study is qualitative research conducted using a library approach. As a result, elections with an open proportional system contain several weaknesses and deficiencies that have the potential to give rise to corrupt practices within the board, both at the regional central level. The potential for the emergence of corrupt practices in open proportional system elections is caused by two things; First, open proportional electoral systems tend to be liberal and capitalist. Competition for leadership tends to focus on pragmatic areas that are centered on money and power relations, no longer in productive areas such as ideas, thoughts, ideas. Second, because of these liberalization and capitalization practices, political costs and expenses soared beyond rational and reasonable limits. In the end, uncontrolled political costs become a financial burden later that they must pay off and return.Studi fokus membahas problem implikasi hukum sistem proporsional terbuka dalam pemilu legislatif di Indonesia, peran dan pengaruhnya terhadap munculnya anomali politik di kalangan dewan, dalam hal ini adalah liberalisasi politik dan korupsi. Pertanyaan kajian adalah dinamika penerapan sistem proporsional terbuka dalam konteks Pemilu serta bagaimana korelasi dalam pemilu legislatif dengan praktik liberalisasi politik dan korupsi di Indonesia. Studi ini merupakan penelitian kualitatif yang dilakukan dengan pendekatan kepustakaan. Hasilnya, gelaran pemilu dengan sistem proporsional terbuka memuat sejumlah kelemahan dan kekurangan yang berpotensi besar menimbulkan praktik korupsi di kalangan dewan, baik di tingkat pusat daerah. Potensi munculnya praktik korupsi dalam pemilu sistem proporsional terbuka disebabkan oleh dua hal; pertama, sistem pemilu proporsional terbuka cenderung liberal dan kapitalis. Kompetisi kepemimpinan cenderung berkutat di wilayah-wilayah prgamatis yang berpusat pada uang dan relasi kekuasaan, bukan lagi ada di wilayah-wilayah produktif semisal ide, pemikiran, gagasan. Kedua, akibat dari praktik liberalisasi dan kapitalisasi tersebut, ongkos dan biaya politik melambung tinggi melebihi batas rasional dan kewajaran. Pada akhirnya, biaya politik tidak terkontrol menjadi beban finansial di kemudian hari yang harus mereka lunasi dan kembalikan.

State and society: information competence

Notion of informational competence of civil servants and legal basis for its development. We should emphasize that the issue of informational competence of civil servants gains its significance within democratic and administrative reforms and rapid general changes in social life which distinctly characterize modern Russian society. Some scientists directly point out that it is the state personnel policy focusing on high qualification of the staff that enables to cope with problems of public management professionally. It should be noted that recently in Russia the issue of informational competence of civil servants is not being deeply researched in scientific politics and law, besides this problem is rarely concerned in scientific publications. This paper focuses on the issue which has been considered quite seldom in recent scientific publications. The issue regards informational competence of civil servants as the most essential factor of full realization of information rights and freedoms of Russian citizens, optimization of administrative procedures, and focus on national interests in the information field. In this paper we introduce the interpretation of the concept «informational competence of civil servants», characterize current condition of civil service in Russia as the foundation for its development, and analyze basic problems of inadequate degree of informational competence of civil servants.