Legislative Debates and Transitional Justice in the Western Balkans

National parliaments play an important role in the public discourse on the contentious past and in implementing transitional justice through legislative activity. Rather than fostering meaningful discussions about transitional justice, which are critical for deliberation of policy, the parliaments in the Western Balkans (WB) have often modelled and legitimized polarizing discourses. Members of Parliament (MPs) commonly use parliaments for nationalist grandstanding that relies on ethno-centric discourse. This has impacted transitional justice laws, often resulting in laws that provide inadequate redress for past wrongs. Consequently, rifts between communities – both within countries and across borders – have deepened. At the same time, victims on all sides remain dissatisfied, feeling exploited by politicians. Moreover, efforts by liberal civil society and its human-rights-oriented discourse are marginalized and suppressed. Nonetheless, respectful and empathetic dialogue about transitional justice between former antagonists in the WB is possible. Sustained support from external actors, such as the European Union, during democratization and peacebuilding is crucial for fostering a deliberative culture in parliaments and supporting constructive exchanges in the regions’ civil society.