Oledan: Transitional justice lens

Oledan: Transitional justice lens

WHAT does transitional justice mean for the local communities?

Results of the conversations and listening processes conducted by the Initiatives for International Dialogue (IID) shows that the Filipino concept of justice is intimately related to the concept of right. It embraces the concept of equity (often referred by local communities as “kaangayan”).

In Marawi, it is referred to as Kabenar, from the root word, Benar which means truth. In Tausug, justice is referred to as Adil, while Tedurays refer to it as Ke Tanek. For the Maguindanaon’s, the concept of Kebanar or justice is hinged on the Kawagib or katotohanan (truth). For the settlers, the root word of katarungan is tarong, which means straight, upright, appropriate or correct.

Among indigenous peoples, justice is tied to “pagkilala sa karapatan” or respect to human rights, and of upholding it to ensure that the rights of IPs are fully protected.

Justice, for many of the local communities, means doing the right thing, based on the common understanding of what is morally right or wrong (based on their culture), and of the appropriate thing to do - largely defined as something which causes no harm and fully respects the rights of the other.

There is also a common word for rights: karapatan. Its root word - dapat or nararapat in the Tagalog language - has a meaning very close to tarong - which indicates what is right, correct and appropriate to do.

Images associated on the word justice, by most TJ workshop participants, refers to that of a scale or timbangan which indicates the need for balance, fairness, and equity.

Justice was also defined as “pagkilala sa kapwa tao” or recognition of the identity of each one, and of being heard and taken into account.

For Mindanawons, social justice is freely chosen, enforced fairly and equitably. It respects the rights of all individuals. It is fair as it seeks to be measured, and met by duty bearers. It has the element of respect, transparency and of being immediate (thus, the concept of justice delayed, justice denied). It is all about asserting the claim to equity and justice due to them.

These terminologies are highly reflective of praxis and invites decision makers and even advocates, to turn to the narratives of local communities in drafting any response that envisions to consider any transitional justice mechanism that could be workable in the current context.

In most local communities, it is all about their unwavering capacity to collectively work and move forward to regain dignity, claim their right and ensure that duty bearers are able to respond to this with utmost respect to their culture and with the lens of upholding human rights.

Email comments to roledan@gmail.com

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