Crime and Compensation in North Africa : A Social Anthropology Essay

As the 21st century began, Algeria, Morocco, and North Sudan launched some much-publicised “reconciliation” policies, or, in the case of North Sudan, “pacification” policies. Algeria, following its Clemency policy (1995) and Civil Concord Law (1999), held a referendum in 2005 and subsequently implemented the measures of its Charter for Peace and National Reconciliation. This charter is Algeria’s latest policy aimed at settling the accounts of a murderous decade (1990s) between the state and armed Islamic groups. In Morocco, an arbitration committee was set up in 1999, followed by the Equity and Reconciliation Commission in 2004, to turn the page on the “Years of Lead”―a period during the rule of King Hassan II during which state crimes such as torture, imprisonment, and murder were committed. Finally, in Sudan (North Sudan since 2011), peace negotiations were held in 1989 and a peace process has been ongoing since 2005, with an aim to resolve violent conflicts and war crimes that are shaking Darfur and North Kordofan. At the centre of all these reconciliation and pacification mechanisms lies a practice that has been scarcely studied: (monetary) compensation for the crimes committed. Shedding light on this under-studied topic from the North African field, this volume investigates: What meanings can compensation have when it is aimed at repairing crimes? Is it necessary, sufficient, or admissible? How can it be implemented and accepted by the victims themselves and by society? These questions about compensation lead the reader through discussions on the nature of crime, punishment, reparation, reconciliation, and the way these concepts were and are now understood in these three North African countries. As the 21st century began, Algeria, Morocco, and North Sudan launched some much-publicised "reconciliation" policies, or, in the case of North Sudan, "pacification" policies. Algeria, following its Clemency policy (1995) and Civil Concord Law (1999), held a referendum in 2005 and subsequently implemented the measures of its Charter for Peace and National Reconciliation. This charter is Algeria's latest policy aimed at settling the accounts of a murderous decade (1990s) marked by opposition between the state and armed Islamic groups. In Morocco, an arbitration committee was set up in 1999, followed by the Equity and Reconciliation Commission in 2004, to turn the page on the "Years of Lead"--a period during the rule of King Hassan II when state crimes such as torture, imprisonment, and murder were committed. Finally, in Sudan (North Sudan since 2011), peace negotiations were held in 1989 and a peace process has been ongoing since 2005, with an aim to resolve violent conflicts and war crimes that are shaking Darfur and North Kordofan. At the centre of all these reconciliation and pacification mechanisms lies a practice that has been scarcely studied: (monetary) compensation for the crimes committed. Shedding light on this under-studied topic from the North African field, this volume investigates: What meanings can compensation have when it is aimed at repairing crimes? Is it necessary, sufficient, or admissible? How can it be implemented and accepted by the victims themselves and by society? These questions about compensation lead the reader through discussions on the nature of crime, punishment, reparation, reconciliation, and the way these concepts were and are now understood in these three North African countries. Yazid Ben Hounet is a social anthropologist and research fellow at the Centre National de Recherche Scientifique and member of the Laboratoire d'Anthropologie Sociale (CNRS, Collège de France, EHESS). His research concerns the intersection of legal and political anthropology, particularly in Muslim contexts "As the 21st century began, Algeria, Morocco, and North Sudan launched some much-publicised reconciliation policies, or, in the case of North Sudan, pacification policies. Algeria, following its Clemency policy (1995) and Civil Concord Law (1999), held a referendum in 2005 and subsequently implemented the measures of its Charter for Peace and National Reconciliation. This charter is Algerias latest policy aimed at settling the accounts of a murderous decade (1990s) marked by opposition between the state and armed Islamic groups. In Morocco, an arbitration committee was set up in 1999, followed by the Equity and Reconciliation Commission in 2004, to turn the page on the Years of Lead a period during the rule of King Hassan II when state crimes such as torture, imprisonment, and murder were committed. Finally, in Sudan (North Sudan since 2011), peace negotiations were held in 1989 and a peace process has been ongoing since 2005, with an aim to resolve violent conflicts and war crimes that are shaking Darfur and North Kordofan. At the centre of all these reconciliation and pacification mechanisms lies a practice that has been scarcely studied: (monetary) compensation for the crimes committed. Shedding light on this under-studied topic from the North African field, this volume investigates: What meanings can compensation have when it is aimed at repairing crimes? Is it necessary, sufficient, or admissible? How can it be implemented and accepted by the victims themselves and by society? These questions about compensation lead the reader through discussions on the nature of crime, punishment, reparation, reconciliation, and the way these concepts were and are now understood in these three North African countries. Yazid Ben Hounet is a social anthropologist and research fellow at the Centre National de Recherche Scientifique and member of the Laboratoire dAnthropologie Sociale (CNRS, College de France, EHESS). His research concerns the intersection of legal and political anthropology, particularly in Muslim contexts." Foreword Acknowledgments Contents List of Tables 1 Introduction Bibliography 2 What Reconciling Means 2.1 From the Ground up: Returning to a Local Perspective 2.2 On Observation... 2.3 ... and on Comparison Bibliography 3 On Compensation 3.1 Compensation (Blood Money) in Anthropology 3.2 The Invention of “Customary Laws” and Blood Money 3.3 A Law in Evolution or the Evolution of Law? Bibliography 4 Compensation in North Africa 4.1 The Diya 4.2 The Evolution and Adaptation of the Diya Bibliography 5 Punishing Crime 5.1 On the Concept of Crime in Social Anthropology 5.2 Crimes and Punishment 5.3 Perception of Crime: On Intentionality 5.4 On Intentionality in Exceptional Circumstances: Armed Conflict Bibliography 6 Repairing Crime 6.1 Universality and Degrees of Reparation 6.2 Compensation, Reparation, and Morality 6.3 Compensation... and Overlooking Individual Guilt and Responsibility Bibliography 7 States and Mediators: Towards a New Reparation Paradigm 7.1 States and Mediators: Coercive Logics 7.2 A New Paradigm of Reparation? Individuals, Persons, and Trauma 7.3 How Can Trauma Be Compensated? Bibliography 8 Conclusion 8.1 Expanding the Question: Death, forgiveness, and Dignity Bibliography Index