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A truth commission, also known as a truth and reconciliation commission or truth and justice commission, is an official body tasked with discovering and revealing past wrongdoing by a government, in the hope of resolving conflict left over from the past. Truth commissions are, under various names, occasionally set up by states emerging from periods of internal unrest, civil war, or dictatorship marked by human rights abuses. In both their truth-seeking and reconciling functions, truth commissions have political implications: they "constantly make choices when they define such basic objectives as truth, reconciliation, justice, memory, reparation, and recognition, and decide how these objectives should be met and whose needs should be served".
The Equity and Reconciliation Commission was a Moroccan truth and reconciliation commission active under a two-year mandate from 2004 to 2005 focusing on human rights abuses committed during the Years of Lead mainly under King Hassan II's rule.
Transitional justice is a process which responds to human rights violations through judicial redress, political reforms and cultural healing efforts in a region or country, and other measures in order to prevent the recurrence of human rights abuse. Transitional justice consists of judicial and non-judicial measures implemented in order to redress legacies of human rights abuses. Such mechanisms "include criminal prosecutions, truth commissions, reparations programs, and various kinds of institutional reforms" as well as memorials, apologies, and various art forms. Transitional justice is instituted at a point of political transition classically from war to positive peace, or more broadly from violence and repression to societal stability and it is informed by a society's desire to rebuild social trust, reestablish what is right from what is wrong, repair a fractured justice system, and build a democratic system of governance. Given different contexts and implementation the ability to achieve these outcomes varies. The core value of transitional justice is the very notion of justice—which does not necessarily mean criminal justice. This notion and the political transformation, such as regime change or transition from conflict are thus linked to a more peaceful, certain, and democratic future.
In jurisprudence, reparation is replenishment of a previously inflicted loss by the criminal to the victim. Monetary restitution is a common form of reparation.
The Liberian Truth and Reconciliation Commission (TRC) is a Parliament-enacted organization created in May 2005 under the Transitional Government. The Commission worked throughout the first mandate of Ellen Johnson Sirleaf after she was elected President of Liberia in November 2005. The Liberian TRC came to a conclusion in 2010, filing a final report and recommending relevant actions by national authorities to ensure responsibility and reparations.
Crimes Committed by Totalitarian Regimes are reports and proceedings of the European public hearing organised by the Slovenian Presidency of the Council of the European Union and the European Commission. The Hearing was organised in response to the request made by the Justice and Home Affairs Council of the European Union on 19 April 2007.
Truth-seeking processes allow societies to examine and come to grips with past crimes and atrocities and prevent their future repetition. Truth-seeking often occurs in societies emerging from a period of prolonged conflict or authoritarian rule. The most famous example to date is the South African Truth and Reconciliation Commission, although many other examples also exist. Most commonly these are carried out by official truth and reconciliation commissions as a form of restorative justice, but there are other mechanisms as well.
Reparations are broadly understood as compensation given for an abuse or injury. The colloquial meaning of reparations has changed substantively over the last century. In the early 1900s, reparations were interstate exchanges that were punitive mechanisms determined by treaty and paid by the surrendering side of a conflict, such as the World War I reparations paid by Germany and its allies. Reparations are now understood as not only war damages but also compensation and other measures provided to victims of severe human rights violations by the parties responsible. The right of the victim of an injury to receive reparations and the duty of the part responsible to provide them has been secured by the United Nations.
In Brazil, the National Truth Commission investigated human rights violations of the period of 1946–1988 - in particular by the authoritarian military dictatorship that ruled Brazil from April 1, 1964 to March 15, 1985.
Kenya's Truth, Justice and Reconciliation Commission (TJRC) was established in 2008. Kenya's modern history has been marked not only by liberation struggles but also by ethnic conflicts, semi-despotic regimes, marginalization and political violence, including the 1982 attempted coup d'état, the Shifta War, and the 2007 post-election violence.
Pablo de Greiff is a Colombian academic and human rights activist, who served as the first United Nations Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence. In January 2015 he was also asked to be part of UNIIB, a United Nations mission of Independent Experts to address the situation in Burundi. From 2019 to 2020 he was part of a group of experts advising the UN Human Rights Council on its preventive functions. In April 2022 he was appointed as one of the three commissioners in the Independent Commission of Inquiry on Ukraine established by the UN. Since 2014 he is a Senior Fellow at the Center for Human Rights and Global Justice of the School of Law at New York University, where he directs both the Transitional Justice Program and the Prevention Project.
The United Nations Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence works independently to inform and advise the United Nations Human Rights Council on the promotion of human rights-compliant approaches to transitional justice.
Colombia has been in the throes of civil unrest for over half a century. Between 1964 and now, 3 million persons have been displaced and about 220,000 have died, 4 out of 5 deaths were non-combatant civilians. Between left and right-winged armed forces, paramilitary and/or guerrilla, and an often corrupt government, it has been difficult for Colombia to set up any kind of truth or reconciliation commission. That is why the first on the scene, so to speak, were representatives of the UN. The Office of the United Nations High Commissioner for Human Rights has been present in Colombia since 1997. Since 2006 though, there has been another international movement turning its attention to Colombia; namely the International Center for Transitional Justice (ICTJ). The works of both of these institutions have led to a few semi-official national committees to oversee truth seeking missions in the hopes of eventually achieving reparation. In 2012, the Colombian government and the Revolutionary Armed Forces of Colombia (FARC) began their fourth attempt to negotiate an end to the fighting. Peace talks between the Colombian government of Juan Manuel Santos and the FARC, the main guerrilla force in the country, are currently underway in Havana, Cuba. The main issues are land redistribution, integration of the FARC into the political arena and an end to the powerful cocaine cartels. Though past attempts at peace talks have failed, negotiators in Havana, Cuba have gotten significantly further than ever before. Experts agree that it is not unreasonable to expect an accord by the end of 2014. In the words of President Santos: "Only in a Colombia without fear and with truth can we begin to turn the page."
The Sierra Leone's Truth and Reconciliation Commission was a truth commission created as part of the Lomé Peace Accord, which ended the 11-year civil war conflict in Sierra Leone in July 1999.
The National Reconciliation Commission was established in January 2002 by the Parliament of Ghana. The goal of the commission was to establish an "accurate, complete and historical record of violations and abuses of human rights inflicted on persons by public institutions and holders of public office during periods of unconstitutional government." The Commission was formed after a new democratic party won the elections in 2000. The Commission covered human rights violations in Ghana from 1957 to 1993. It looked into government abuses and military coups staged by former president Jerry Rawlings. The members of the Commission worked until the end of 2004.
The guarantees of non-repetition is a component of reparations as stipulated in the United Nations Office of the United Nations High Commissioner for Human Rights resolution proclaiming the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law. Guarantees of non-repetition are post-conflict measures taken to ensure that systemic human rights abuses do not recur.
Peru's Truth and Reconciliation Commission was a truth and reconciliation commission established by President Alejandro Toledo to investigate the human rights abuses committed during the internal conflict in Peru between 1980s and 1990s. The TRC was a response to the violent internal conflict between 1980 and 2000 during the administration of Presidents Fernando Belaúnde (1980–1985), Alan García (1985–1990), and Alberto Fujimori (1990–2000). The commission's mandate was to provide a record of human rights and international humanitarian law violations committed in Peru between May 1980 and November 2000, as well as recommend mechanisms to promote and strengthen human rights. The TRC reported on the estimated 70 000 deaths, assassinations, torture, disappearances, displacement, employment of terrorist methods and other human rights violations executed by the State, Shining Path, and the Túpac Amaru Revolutionary Movement. The report concluded that there is both institutional and individual accountability, as well as identifying racial and cultural factors that became a catalyst for conflict.
UN General Assembly Resolution 60/147, the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, is a United Nations Resolution about the rights of victims of international crimes. It was adopted by the General Assembly on 16 December 2005 in its 60th session. According to the preamble, the purpose of the Resolution is to assist victims and their representatives to remedial relief and to guide and encourage States in the implementation of public policies on reparations.
Right to truth is the right, in the case of grave violations of human rights, for the victims and their families or societies to have access to the truth of what happened. The right to truth is closely related to, but distinct from, the state obligation to investigate and prosecute serious state violations of human rights. Right to truth is a form of victims' rights; it is especially relevant to transitional justice in dealing with past abuses of human rights. In 2006, Yasmin Naqvi concluded that the right to truth "stands somewhere on the threshold of a legal norm and a narrative device ... somewhere above a good argument and somewhere below a clear legal rule".
References
- ↑ "Memorialization". Merriam-Webster Dictionary (Online ed.). 21 July 2023.
- ↑ "Memorialisation" . Oxford English Dictionary (Online ed.). Oxford University Press.(Subscription or participating institution membership required.)
- ↑ "Truth and Memory". International Center for Transitional Justice (ICTJ). 25 February 2011.
- ↑ Brett, Sebastian; Bickford, Louis; Ševčenko, Liz; Rios, Marcela (2007). Memorialization and Democracy: State Policy and Civic Action (PDF) (Report). International Center for Transitional Justice (ICTJ).
- ↑ Buckley-Zistel, S. / Schäfer, S. (eds.) (2014). Memorials in Times of Transition. Antwerp: Intersentia. ISBN 9781780682112.
{{cite book}}:|last=has generic name (help)CS1 maint: multiple names: authors list (link) - ↑ General Assembly of the United Nations (21 March 2006). Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, Adopted and proclaimed by General Assembly resolution 60/147 of 16 December 2005 (Report). Office of the High Commissioner for Human Rights.
- ↑ Hopwood, Julian (February 2011). We Can't Be Sure Who Killed Us: Memory and Memorialization in Post-conflict Northern Uganda (PDF) (Report). International Center for Transitional Justice (ICTJ).
- ↑ "Sobre el Museo". Museo de la Memoria y los Derechos Humanos (in Spanish). 20 April 2012. Retrieved 9 February 2015.
- ↑ Barsalou, Judy; Baxter, Victoria (1 January 2007). The Urge to Remember: The Role of Memorials in Social Reconstruction and Transitional Justice (PDF). United States Institute of Peace (Report). Stabilization and Reconstruction.
- ↑ Guy Beiner, Forgetful Remembrance: Social Forgetting and Vernacular Historiography of a Rebellion in Ulster (Oxford University Press, 2018), pp. 356-443.
