Abstract
In his book, Grassroots Activism and the Evolution of Transitional Justice: The Families of the Disappeared, Iosif Kovras sets out to interrogate what he describes in the introductory chapter as ‘a set of empirical and theoretical puzzles’ (p. 3). These puzzles are in part inspired by a consideration of the differing trajectories of responses to enforced disappearance in the four case studies he examines: Chile, Cyprus, Lebanon and South Africa. In the introduction to this book, a number of gaps in the existing literature are highlighted, which Kovras aims to address. These include consideration of the timing of Transitional Justice efforts, a ‘simplistic approach’ (p. 5) to the study of victims’ groups and methodological limitations in both qualitative and quantitative work that limit the scope of our current understanding of the complexities of addressing the effects of conflict.
In Part I of his book, Kovras describes his mixed methods approach. For those, like myself, whose research is distinctly qualitative, the reading of Chapter 2, in which Kovras details his methodology, may take us slightly out of our comfort zone. However, Kovras’s argument – that the complex phenomena of Transitional Justice contexts can be better understood by using databases – is persuasive. He contends that the use of databases facilitates a refinement of theory, by enabling identification and exploration of gaps. The value of combining large data sets to explore macro-scale patterns with micro-scale examinations of specific case studies is eloquently argued, and indeed, the book itself is testament to the value of such an approach. The methodological approach, and Kovras’s explanation of it, is in my view one of the key contributions made by this book to the existing literature on disappearances, and to the Transitional Justice literature more broadly.
Part II contributes a historical account of how the institutions and norms of Transitional Justice have been shaped by the mobilization of families of the disappeared. Chapter 3 almost inevitably brings us to Argentina, and the mobilization of the Madres and the Abuelas of the Plaza de Mayo. Throughout the book, Kovras highlights key challenges or lessons from each context analysed. This is a valuable addition to the book, as it brings to the fore how specific local challenges can shape or impede efforts to recover the ‘disappeared’, reinforcing Kovras’s argument that large-scale quantitative analyses alone are insufficient in unpicking transitional challenges. The Argentinian experience demonstrates how developments in transitional contexts are not uniformly linear – they stop and start, at times move forward, and at others appear to move backwards. Chapter 4 explores the ‘forensic cascade’ of ‘technologies of truth’ (p. 84). This consideration of the emergence and development of using forensic sciences to locate and identify the disappeared, and of the influence of forensics on Transitional Justice, provides a timely insight into an area of increasing interest for those who study disappearances. Situated within Kovras’s book, the examination of the role forensic science plays paves the way for an exploration of responses to disappearance that engages with the interaction between mobilization efforts, political context and forensics. Consideration of this relationship is much needed, as it is upon successful interaction between these three elements that recovery of the remains of the ‘disappeared’ often depends. Chapter 5 examines what Kovras describes as ‘the “missing” tale of human rights’ – the efforts of families in utilizing the law to challenge amnesty laws, and ultimately in influencing the development of legal protections against disappearances. This ‘tale’ has arguably not been completely ‘missing’ to date, particularly with regard to the international impact of mobilization against disappearances in Argentina (see e.g. Ott, 2011; Tayler, 2001). However, it is certainly an under-researched area worthy of detailed attention, and an important element to consider in understanding the links between local experiences and global trends.
In Part III, case studies of four jurisdictions add detail, complexity and nuance to the broader brush, ‘large-n’ content of Parts I and II. The in-depth examinations of the response to the disappearances that were perpetrated in Lebanon, Cyprus, South Africa and Chile are a fascinating contribution to the existing literature. Lebanon presents us with an example of the impact of fragmentation between families on mobilization efforts – problems only compounded by amnesty, the lack of a truth recovery process and the absence of an independent judiciary. The Cyprus experience exemplifies how mobilization by families alone is not enough: Institutional silence and a lack of political opportunities can impede progress. In South Africa, a limited legal definition, a polarization of victim identities as either heroes or victims of state terror and the publicity of the Truth and Reconciliation Commission are proposed as obstacles to the location of the disappeared. The chapter on the Chilean case details a mobilization effort by families of the disappeared that predates the more documented Argentinian experience. The challenges of the necessary interplay between mobilization efforts, politics and forensics are well-articulated in relation to this context, and a fundamental reality of the search for the ‘disappeared’ emphasized: that the provision of information on burial site locations is essential to progress. Chapter 10 concludes the book with ‘five lessons for Transitional Justice’ (p. 233). The first describes a ‘boomerang effect’ of disappearances. Although often perpetrated to avoid accountability, disappearances can become a site of mobilization for families who seek to end denial and render perpetrators accountable. The second lesson emphasizes the essential role for ‘technologies of truth’ as part of ‘the forensic cascade’ (p. 235). The third argues for an expansion of the temporal and conceptual limits of Transitional Justice. Kovras’s fourth lesson is that there is a link between the nature of the violence that resulted in disappearances and the type of truth recovery mechanism established. In the fifth lesson, the moral and legal tensions facing transitional societies are highlighted.
In his book, Kovras sets out to ‘sketch a more dynamic picture of truth recovery for the missing’ (p. 5), and he succeeds in this task. The number and range of interviews carried out for this book is impressive, and the data collected contribute to a detailed and measured analysis of the issues explored. This book goes some way towards addressing certain gaps in the existing literature, through – for example – exploring the role of timing in efforts to locate the ‘disappeared’, developing a more complex understanding of victims’ groups and their mobilization efforts, and providing a contribution to the Transitional Justice scholarship that focuses on a specific element of Transitional Justice that is neither trials, truth commissions, nor reparations programmes. As is almost inevitable in dealing with an issue of such scale, this work also brings to light areas that require further exploration – such as the issue of definition (both in terms of what is a ‘disappearance’ and who ‘counts’ as a disappeared person in any particular context), the challenges of navigating a path between amnesty as impunity and the requirement for some level of immunity in exchange for the provision of information, and the construction of images of the ‘ideal victim’ (p. 82) as a mobilization strategy.
To enter one point of criticism – for me, the title of the book sells it a little short. It is on the one hand both tempting and right to foreground the families of the disappeared as without them, the fate of those disappeared would often remain unknown. And, as Kovras contends himself (p. 6), without the mobilization of the families, ‘a number of key transitional justice norms or mechanisms would not have been available’. But, in my view, the value of this book goes beyond its analysis of grassroots activism. One of its core strengths is as an investigation of the interaction between family mobilization efforts, the political context, and forensic developments, the importance of these elements coming together, and the challenges faced by those seeking the remains of their loved ones when they do not.
To conclude, Kovras’s book is a timely, rich and engaging contribution to the academic literature on ‘disappearances’. It is a welcome addition to a body of work that is often single-context or single discipline, or purely qualitative. This book will appeal to sociolegal scholars, political scientists, Transitional Justice researchers and anyone interested in disappearances, mobilization or truth recovery.