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2007 - International Studies Association 48th Annual Convention Pages: 17 pages || Words: 6410 words || 
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1. Slye, Ronald. "Apology as a Judicial Process in the South African Amnesty Process" Paper presented at the annual meeting of the International Studies Association 48th Annual Convention, Hilton Chicago, CHICAGO, IL, USA, Feb 28, 2007 <Not Available>. 2019-12-10 <http://citation.allacademic.com/meta/p180755_index.html>
Publication Type: Conference Paper/Unpublished Manuscript
Abstract: What is the role of apology in the context of a process of accountability during a transition? Do apologies lead to reconciliation or sense of justice on the part of survivors of gross violations of human rights? The South African Truth and Reconciliation Commission is the process most often cited to support the link among apologies, justice, and reconciliation. This paper will explore the linkages among these three concepts in a particular part of the South African process, that country?s amnesty process. Many of those who applied for amnesty apologized during their public hearings, often at the prompting of their attorneys. Sometimes amnesty committee members pressured applicants to apologize. Sometimes those apologies, and the other testimony of an applicant, lead a survivor to change from opposing to supporting amnesty for that individual. This paper will analyze the response of victims to apologies offered in the context of the South African amnesty process in order to ascertain whether apologies contributed to a sense of justice or reconciliation. It will be based on a thorough reading of the over 2000 days of hearings of the amnesty process, as well as interviews with applicants, survivors, attorneys, and committee members.

2008 - ISA's 49th ANNUAL CONVENTION, BRIDGING MULTIPLE DIVIDES Pages: 24 pages || Words: 5836 words || 
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2. Reiter, Andrew., Payne, Leigh. and Olsen, Tricia. "Amnesty in the Age of Accountability" Paper presented at the annual meeting of the ISA's 49th ANNUAL CONVENTION, BRIDGING MULTIPLE DIVIDES, Hilton San Francisco, SAN FRANCISCO, CA, USA, Mar 26, 2008 Online <APPLICATION/PDF>. 2019-12-10 <http://citation.allacademic.com/meta/p254205_index.html>
Publication Type: Conference Paper/Unpublished Manuscript
Abstract: Despite the rise of accountability mechanisms throughout the world, amnesty continues to be used as a mechanism to settle accounts with past authoritarian state violence. This paper explores the continued use of amnesty even after the justice cascade. It draws on data from the University of Wisconsin-Madison's Transitional Justice Data Base. Our results suggest that while many countries have turned to a variety of accountability mechanisms (i.e., trials and truth commissions), just as many have continued to use amnesties to deal with past human rights abuses. Our findings suggest, therefore, that scholars may have exaggerated the fading appeal of amnesties as a way to resolve past violence. The paper concludes that countries do not choose between accountability or impunity, but often instead sequence their choices by adopting amnesties in the early years of the transition, followed by prosecutions and/or truth commissions. This research not only contributes to the understanding of the justice cascade, but also advances debates over “maximalist” and “minimalist” approaches and the “peace vs. justice” divide within the transitional justice literature.

2011 - The Law and Society Association Words: 585 words || 
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3. Payne, Leigh., Reiter, Andrew. and Olsen, Tricia. "Amnesty Laws in the Age of Accountability" Paper presented at the annual meeting of the The Law and Society Association, Westin St. Francis Hotel, San Francisco, CA, May 30, 2011 <Not Available>. 2019-12-10 <http://citation.allacademic.com/meta/p496501_index.html>
Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: Have amnesty laws declined in use with the increased international pressure for accountability for past human rights violations? Have they changed in nature, moving from more comprehensive blanket laws to partial laws? Do they reflect the power of international human rights law by excluding crimes against humanity from amnesty provisions? In other words, do recent amnesty laws reflect international human rights norms? If so, what explains this shift? If not, what factors explain the failure of international pressure to reduce impunity?

To answer these questions, this paper relies on the Transitional Justice Data Base (TJDB) project. The TJDB tracks amnesty laws from 1977 to the present in every country of the world. Defying expectations generated by the “Justice Cascade” (Sikkink and Walling) and “Justice Revolution” (Srinam), the TJDB shows that amnesty laws have remained popular despite the increased number of domestic and international trials and increased global pressure for accountability. We presented these findings in our book Transitional Justice in Balance (2010). We recognize, however, that the prevalence of amnesty laws does not necessarily reflect less accountability. Indeed, the TJDB shows that many countries combine amnesties with accountability mechanisms (e.g., trials and truth commissions). Such a combination suggests that amnesty laws do not necessarily preclude the possibility of accountability; while the number of amnesties remains steady, the type of amnesties may have changed. Recent amnesty laws may reflect the international accountability norm by limiting the beneficiaries of amnesty.

This paper follows up on the TJDB findings with new empirical research into amnesty laws. We are currently creating an archive of the 400 amnesty laws identified in the TJDB, reading those laws, and analyzing their coverage. In addition to determining if the laws are partial or blanket, we are also determining which crimes are included and excluded to explore their compliance with international human rights laws. The research also includes the domestic and international challenges to those laws over time and the success in excluding crimes against humanity. We examine both the judicial challenges in domestic and international courts, political challenges from domestic and international governing bodies, and social challenges from international and domestic non-governmental groups. These challenges do not focus solely on reversals or new laws, but also efforts at finding loopholes in existing laws. The research, in short, determines not only what the laws say, but also how the laws have been used in transitional contexts to reduce impunity.

Certain factors might explain the shift in amnesty laws. The international normative framework is more difficult to analyze as a causal variable since it covers the entire period under observation. It might be a more persuasive explanation, however, if we were to eliminate other causal variables such as economic capacity to hold trials, time since the transition, armed conflict and the threat of spoilers, and the degree of complicity and level of violence. We might also strengthen the international norms argument if we find that certain variables explain the shift (e.g., trading partnerships, international aid, membership in international organization, ratification of international human rights laws, and the presence of international governmental or non-governmental organizations).

In short, the paper will not only examine the shift in the nature of amnesty laws, but will also attempt to explain that shift. The end result is an effort to confirm the assumptions about the end of impunity in the world and the rise of an age of accountability

2011 - American Studies Association Annual Meeting Words: 505 words || 
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4. Zarate, Salvador. "Lunar Braceros and Reagan’s “Star Wars”: Bracero Reparations in the Lunar Shadow of Mexican Amnesty" Paper presented at the annual meeting of the American Studies Association Annual Meeting, Hilton Baltimore, Baltimore, MD, Oct 20, 2011 <Not Available>. 2019-12-10 <http://citation.allacademic.com/meta/p509788_index.html>
Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: During WWII, male Mexican laborers, termed braceros, were contracted by U.S. agribusiness with the help of Mexican and U.S. governments. By working together, both nations deducted a percentage of the bracero’s pay as incentive for the laborer’s re“patriation.” To this day, many braceros have not had access to these monies. Currently there are many local, regional and national bracero advocacy groups within both nations that are fighting for access to these lost wages. Yet, if we flash forward to the year 2125 A.D. a new program has taken hold, that of the Lunar Bracero. Rosaura Sanchez’s novel Lunar Braceros provides, what I am calling, a Mexica-futurity optic, which allows for the articulation of bracero reparations dialogue through imagination and possibility.

Although there has recently been significant intellectual labor on bracero laborers and reparations, there exists a void in discussing how bracero reparation discourse is framed within transnational patriarchal and exclusionary state mechanisms that employ Reagan era language of U.S. armed self preservation and exclusion. In particular, the struggle for bracero reparations is ironically often articulated within the language of Reagan era Mexican amnesty, and therefore, patriarchy and border enforcement. Bracero reparations is problematically a transnational issue tied to discourses on legitimization through proper legal documentation and the success stories of male head of household immigrants. I argue that immigrant success stories deployed for Mexican bracero reparations must be examined in relation to Reagan’s 1986 Immigration Reform and Control Act (IRCA) as it stood in the shadow of his 1983 speech on the national urgency for “Star Wars.”

In 1986, three years after Reagan’s famous “Star Wars” speech, IRCA made it possible to give amnesty to previous Mexican agricultural workers who had continuously lived and worked in the United States prior to January 1, 1982. Most importantly, IRCA made it so that a new regime of documentation created further avenues for excluding female Mexican migrants, and continued managing those bodies coded as male and masculine. Currently bracero reparations discourse is paradoxically enmeshed within a framework of a contradictory and impossible citizenship. Especially because these mechanisms of exclusion and inclusion are derived from the performance of masculinity within the Bracero Program’s contracting process. Bracero Reparations discourse works within a framework that discursively and materially demands a further erasure of non-masculine, queer, and female Mexican laborers and migrants. This results in exclusion from the construction of deserving citizenship and from access to U.S. and Mexican space and resources.

Yet, what if we consider the notion of a mexica-futurity? How can a new analytic based on possibility and new socio-spatial formulations rearticulate bracero reparations? By engaging Rosaura Sanchez’s novel Lunar Braceros and Gilbert Gonzalez and Vivian Price’s Harvest of Loneliness, this paper contends with and complicates the male dominant narration of the bracero story and the remembrance of the Bracero Program as an engraved moment in male history. This paper has the hope of producing a new critical reparations dialogue that looks to engage with various constituencies instead of a blind valorizing of a male-masculine Mexican laborer and migrant.

2012 - Northeastern Political Science Association Pages: unavailable || Words: 18003 words || 
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5. Reger, Alexander. "Gerald Ford and the Vietnam Amnesty Debate" Paper presented at the annual meeting of the Northeastern Political Science Association, Omni Parker House, Boston, MA, Nov 15, 2012 Online <APPLICATION/PDF>. 2019-12-10 <http://citation.allacademic.com/meta/p602584_index.html>
Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: This paper analyzes the language of the Vietnam amnesty debate from 1970 through 1974, focusing on Gerald Ford’s grant of conditional amnesty to Selective Service violators. Although intended to heal the nation from the scars of Vietnam, the program was marked by failure. Only a small percentage of violators opted in, and many rejected it on principle. Furthermore, Ford’s announcement of amnesty angered groups on both side of the debate. Analyses of the Ford presidency often marginalize the importance of Vietnam amnesty in an effort to stress the significance of Ford’s pardon of Richard Nixon. Treating amnesty as an independent issue reveals the nuanced ways in which it differs from the Nixon pardon and contributes to Ford’s legacy.

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