What’s Transitional Justice – when it’s at home?

I continue to think about the increasing divisiveness in our societies – and the apparently minimal efforts being made to repair the divisions. Or is this just a mirage – something created by a 24-hour media system which exults in scandals and bad news? Perhaps, under the surface, all is much better than we think. Perhaps the optimists like Stephen Pinker are right after all?

It is, of course, impossible to generalise – the world looks very different from a Chinese point of view. Each country needs its own assessment – ideally from a combination of internal and external sources. The UK, for example, perhaps suffers from a surfeit of such appraisals – of both sorts - starting with the prescient Suicide of a Nation edited by Arthur Koestler in 1963 which attracted Olympian disdain from none less than Philip Hobsbawm

After the Obama years, the USA has had, over the past 5 years, only its negative side portrayed - but two recent books offer the country some ideas for how it might rebuild. They are

- The Upswing – how American came together a century ago and how we can do it again by Robert Putnam (2020) – the country’s best-known sociologist and

       -  A Time to build – how recommitting to our institutions can revive the American dream; Yuval Levin (2020) which builds explicitly on an important but neglected book written in 2009.

For the moment, my interest is focused on Bulgaria and Romania – and how such countries might extricate themselves from the vicious circle of hopelessness into which their citizens seem to be locked.

Political leaders of these countries, of course, would not agree with that description – but any reading of the annual Eurobarometer poll of EU citizens is inevitably drawn to the conclusion that the political institutions of central and south-eastern Europe lack legitimacy and public trust. One of Romania’s foremost political analysts – Dorel Sandor – wrote in 2018 a powerful article in which he confessed that he had given up any hope for the country - with this reliable source giving evidence for the loss of trust in the country.

A recent book - Romania Confronts Its Communist Past: Democracy, Memory, and Moral Justice; by Vladimir Tismaneanu and Marius Stan (2018) – reminds us of what lies behind this. Just over a decade ago – after some 15 years of the country being in denial about its past - a maverick President set up a Commission to investigate the communist era. This is the book in which its chairman recounts the experience and impact of the Commission.

I asked a young Bulgarian friend who is a journalist with an interest in Romanian affairs about what efforts either country had made toward “conciliation” in their divided societies – and was, of course, then made immediately aware of the fragility of the words we use when he asked for an explanation of what I meant by the term. I was aware that it is normally used to reference family and minor commercial disputes but I had forgotten that a new field has arisen – of Transitional Justice – into which academics (both Eastern and Western) have been crowding in the past decade. This includes the field of property restitution, lustrace and memory

And I have the feeling that few Bulgarians or Romanians have been let loose with what I would call “mediating skills” of the sort practised by Adam Kahane of the last post

A Short Reading List on Romania

Key Articles on Romania

2020 Freedom House report on Romania; written by reputable Romanian experts

Romania Redivivus (2017) an excellent summary of the social and economic changes since 1989 

A Guide to Change and change management for Rule of Law practitioners (2015) As it says

Hijacked modernisation - Romanian political culture in the 20th century; Alina Mungiu-Pippidi (2007) The country's finest analyst

Poor Policy-making and how to improve it in states with weak institutions; Sorin Ionitsa (CEU 2006) pity this hasn't been updated

“Fatalistic political cultures” Alina Mungiu-Pippidi 2006 (chapter in Democracy and Political Culture in East Europe in which she argued (a) that it was too easy for people (not least the political elite themselves!) to use the writings of Samuel Huntington to write off countries such as Romania; and (b) that we really did need to look more closely at what various surveys (such as The World Values Survey) showed before jumping to conclusions

Books

Europe's Burden - promoting good governance across. borders" Alina Mungiu-Pippidi (2019) which looks at the nature and impact of European technical assistance on the development of institutional capacity in central europe and "Neighbourhood" countries

Romania Confronts Its Communist Past: Democracy, Memory, and Moral Justice; by Vladimir Tismaneanu and Marius Stan (2018) – both Romanians. The first who left Romania in the 1980s and returned briefly in the early 2000s to chair a Presidential commission into the impact of communism on the country, the second who still works in Romania. The book is a very personal take on how that Presidential Commission fared.  

In Europe’s Shadow – two cold wars and a thirty-year journey through Romania and beyond; Robert Kaplan (2016) - a fascinating book by an American journalist who has had a soft spot for Romania since the beginning of his career. It has an element of the “Common Book” tradition about it with its breadth of reading

The Great Rebirth – lessons from the victory of capitalism over communism ; Anders Aslud and Simeon Djankov (2015) which tells the story from the view point of some of the key actors at the time – with all the strengths and weaknesses that genre involves

Ruling Ideas – how global neoliberalism goes local Cornel Ban (2016) which is a left-wing Romanian critique of how neoliberalism got its grip on countries such as Romania and Spain

A Concise History of Romania; Keith Hitchins (2014) Very readable analysis by the American historian who knows the country’s history best.

Mapping Romania - notes on an unfinished journey; Ronald Young (2014) See section 7.2 at page 31 and all the annexes for the political culture references

Romania and the European Union – how the weak vanquished the strong; Tom Gallagher (2009) great narrative

Theft of a Nation – Romania since Communism; Tom Gallagher (2005) powerful critique

Romania – borderland of Europe; Lucian Boia (2001) Very readable and well translated study by a Romanian historian

RGY posts

Crowds and Power

https://nomadron.blogspot.com/2018/11/plus-ca-changeplus-cest-la-meme-chose.html

When will it ever change? (July 2017)

Can Outsiders ever understand what’s going on in Romania? (Jan 2017)

Impervious Power (Jan 2017)

A Divided Country – dangerous times (Feb 2017)

Are Nations really masters of their fates? (April 2017)
Is it people who change systems - or systems which change people? (July 2017)

Against Binary thinking

I generally don’t like to see it suggested that the world consists of two sorts of people – us and them; insiders and outsiders; left and right. Perhaps it’s my mugwump, “on the fence”, instinct but, if there’s a Third Way, I’ll opt for it. Even better - a matrix choice eg grid-group theory or the 6-7 Belbin Team Roles. We are, after all. complex individuals – if sometimes not as original as we would like to think.

But there are always some exceptions…I’ve always liked McGregor’s Theory X and Theory Y which divides us on the basis of whether we trust others or not.

And I’ve had to recognise that I am very much an “Ideas” – as distinct from “People” – person. I focus more on that WHAT than the HOW – I am particularly weak on the human aspect of issues. That’s not to say that I underestimate the importance of implementation – but my strength – when I was pursuing a political career - was networking and forging alliances with like-minded people rather than trying to persuade the recalcitrant. 

I never enjoyed the “glad-handing” which was such a feature of Lyndon Johnson’s success. Gordon Brown had a similar upbringing to mine – and suffered for his patent inability to suffer fools gladly…So the books on conciliation I have been looking at recently are quite a revelation. The author of Power and Love – a theory and practice of social change (2010) has for several decades led multi-stakeholder groups as they work together on complex, intractable problems eg projects involving siloed organizations in the global food system; the post-1991 South African reconciliation process; warring Israeli and Palestinian factions; and antagonistic Canadian stakeholders wrestling with climate change. 

Originally trained as a physicist, economist, and energy policy expert, Adam Kahane worked for years at Royal Dutch Shell PLC’s renowned group planning department — the part of the company that developed much of the current-day practice of scenario planning.

When people from warring factions come together they bring with them a strange mixture of very human strengths and weaknesses – not just interests but perceptions. Kahane’s book suggests there are two sides to power – the positive “power-to” and the negative “power-over”. And the same for the softer side – which can be almost inviting domination or more assertive.  

His book on “Power and Love” he wrote apparently to counter what he felt was an insufficient emphasis on the “power” aspects in his first book “Solving Tough Problems – an open way of talking, listening and creating new realities” (2004)

This interview has a good exchange about the need to keep the forces of power and what he calls “love” in balance  

KAHANE: I’d say 70 percent of the senior people — in business, government, and the nonprofit world — fall into either the power camp or the love camp. Those in the power camp think that compassion and empathy are soft emotions, that they don’t matter in the working world, and that they should be relegated to the home, family, and romance. They see the weak, degenerative side of love — which certainly exists.

But they fall into a trap. The exercise of power without love becomes reckless, abusive, and ultimately counterproductive and fragile. When businesspeople focus relentlessly on finishing the mission, getting on with the job, at the cost of their connection to employees, communities, or the environment, they lose their long-term legitimacy and viability. When I worked on regional development problems in Houston, I had a number of encounters with Ken Lay, then the CEO of Enron, and I saw first-hand the phenomenon of entrepreneurialism without responsibility. There are many Enrons, practicing power without love and suffering less-dramatic versions of the same fate.

But love without power is equally prevalent — and equally dangerous for people trying to accomplish something. It’s just not as widely understood.

 KAHANE: Nothing happens without the dirty, nitty-gritty recognition that everyone in a complex problem situation is asking, “What’s in it for me?” I’ve made the mistake of overlooking those interests, and therefore getting stuck. At one tough workshop of South African leaders, my co-facilitator Ishmael Mkhabela turned to me and said: “Adam, [these attendees] are not nuns, they are not priests; they have not taken vows not to have interests. People’s interests are not the problem; it is only a problem when those of one overpower those of others.” We see the same issue come up in climate change work, and in any work on social governance; people try to make the conversation nonpartisan. But you’ve got to let everybody bring up their partisan interests openly, and see what you can do once you know what they are. You’re not just looking out for the good of the whole system. You have to attend to the parts as well, because that’s where the power — the ability to get things done — resides. 

A number of people have observed that the worst conflicts about power tend to occur in idealistic organizations, such as those in the fields of healthcare and education. Maybe this is why. Just when you’re getting to the really tough issues, somebody stops everything by proclaiming, “remember the patients” or “remember the children.” That’s not helpful. Nobody had forgotten the patients and the children, but these statements obscure the necessary, difficult work of dealing with particular interests. 

S+B: Why do people find it so difficult to keep both power and love in mind?
KAHANE: Because of deeply held beliefs. As a power person, I tend to hesitate to open myself up because I think if I do, I’ll get hurt. And I know a lot of people in the love camp who say, “Well, I don’t want to assert myself because I think I’ll hurt someone.” 

A fair number of people — maybe 10 to 30 percent of those in a typical company — are skilful at both. Many of the people I admire balance the two imperatives, and all of us can become more conscious of it and consistent at it. ….Organizations also have difficulties maintaining this balance. Aren’t there organizations that, under stress, revert to power or revert to love? Aren’t there societies that do the same?