uL stration and eV tting in post-communist Albania inter-linked
with civic trust in governmental institutions
conditions of justice, but our intuitions do not well account for its effect upon victims’ reparatory
rights, as well as for the state’s obligation to pay compensation-consequences that once again
underscore core features that distinguish corrective justice in the abstract from reparatory
justice in transitional circumstances. The salient features is the role of the state in past evil
and this legacy’s ongoing consequences for the possibility of repair. In these circumstances,
time’s role is paradoxical. The passage of time can facilitate the establishing of the fact of past
wrongs, as there is a greater political distance from the predecessor regime and broader access
to the archives of the state. Moreover, the greater the documentation, the greater the likelihood
of compensation, though the passage of time also arguments the likelihood of death”21.
Lustration and vetting inter-linked with civic trust
TJ measures, Lustration and vetting as such, are link with the level of trust in governmental
institutions. Anja Mihr agues “increasing the level of accountability, transparency and participation
through TJ measures can lead to more trust in a political regime”22. UNDP Guidlines suggest
that “not only should a vetting process, therefore, include a public information mechanism but
the design of the process itself should be informed by broad consultations with civil society, in
particular with victim groups and other reform-minded constituencies. Opportunities should be
provided to victims of abuses and civil society organizations to provide background information
about public employees and candidates, as part of the data collection process on which to base
vetting decisions.”23 Including the public in the process of lustration and vetting can lead in
more civic trust.
Lavinia Stan emphasize that lustration in particular is linked to building trust in the government,
and the society at large. “The new democracy demonstrates commitment to hold perpetrators
accountable for past crimes by administrative justice measures. In the process, public institutions
are cleansed of old elites, and new individuals with the skills required for the job and commitment
to the new democracy and its human rights standards can assume those positions. Trust is key
to a stable democracy, which needs its citizens to believe that the new regime works for them,
not just for a narrow privileged elite unconcerned with the public good…by removing old elites,
lustration and vetting improve governmental performance and make state machinery more
accountable to the people, thus indirectly supporting democratization. They do so by breaking
the culture of impunity fostered under authoritarianism, dismantling informal networks that
keep the state a prisoner of old elite, removing the possibility that those elites are blackmailed
for their past, and preventing future abuses of power by tainted officials. In short, lustration and
vetting are said to help improve the functionality and efficiency of the state apparatus, and make
it responsive to citizens’ demand”.24
Lavinia Stan define lustration and vetting as a set of parliamentarian laws, that meant to evaluate
the integrity of individuals’ collaborators of former repressive regimes about their “suitability
for continued or prospective public employment’25 but both lustration and vetting “seek to reestablish civic trust and re-legitimize public institutions” and can lead to institutional reform
through ‘the purification of state institutions from within and without’26.
Andreu-Guzmán affirms that, besides effectiveness of the rule of law, the strengthening,
construction, or reconstruction of the state that guarantees human rights, lustration and vetting
21. Teitel, Ruti G. ‘Transitional Justice’ Oxford University Press 2000
22. Anja Mihr Policy Brief No.3 Center of Governance through Human Rights, , August 2017 pg.5 : https://www.governance-platform.
org/wp-content/uploads/2017/08/CoGtHR_policy-brief_no3_TransitionalJustice_August2017.pdf
23. “Vetting public employees in post-conflict settings” Operational Guidelines, UNDP, Publication II, New York 2006
24. Stan,Lavinia ‘Lustration and vetting’ in Simic Olivera (ed.) Indroduction to Transitional justice’, Routledge 2017
25. Stan,Lavinia ‘Lustration and vetting’ in Simic Olivera (ed.) Indroduction to Transitional justice’, Routledge 2017
26. Stan,Lavinia ‘Lustration and vetting’ in Simic Olivera (ed.) Indroduction to Transitional justice’, Routledge 2017
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