Building Reparations: Key Factors for Success in Transitional Justice Efforts

Abstract

Amidst the focus on traditional postconflict justice mechanisms, the significance of financial compensation warrants reevaluation. This research investigates the dearth of literature on reparations, seeking to unravel the circumstances that led to successful administrative reparation programs for intrastate human rights violations. Through an analysis of 32 historical cases across 20 countries, this study highlights political motivations and financial stability as key factors shaping reparations' success, using Argentina and Nepal to illustrate how reparations can be implemented across different contexts. Recognizing that political calculations underpin the birth of nearly all implemented programs, a novel categorization system emerges, encompassing three overlapping motivators: legal obligation, protection of power and personal/political gain. Within this framework, understanding these motivators becomes imperative for the establishment of effective policies.