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 (or, depending on the circumstances, non-state actors also), 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". [1]
According to one widely cited definition:
The term used in the Australian context of reconciliation with its Indigenous peoples is truth telling.
As bodies mandated by governments, truth commissions constitute a form of "official truth-seeking". [2] Thus they can provide proof against denialism of state terrorism and other crimes and human rights abuses. Increasingly, supporters assert a "right to the truth" that commissions are well placed to carry forward. Truth commissions are sometimes criticised for allowing crimes to go unpunished, and creating impunity for serious human rights abusers. Their roles and abilities in this respect depend on their mandates, which vary widely. [3]
One of the difficult issues that has arisen over the role of truth commissions in transitional societies, has centered on what should be the relationship between truth commissions and criminal prosecutions. [4] While it is generally assumed that truth and reconciliation commissions could investigate on a larger number of crimes, they are less effective in pursuing criminal punishment. This leads to the idea that truth and reconciliation commissions are effective to heal large societal conflicts, but they should also be matched with criminal trials for the top criminal offenders. [5]
In general, truth commissions issue final reports which seek to provide an authoritative narrative of past events, which sometimes challenges previously dominant versions of the past. Truth commissions emphasizing "historical clarification" include the Historical Clarification Commission in Guatemala with its focus on setting straight the former military government's version of the past, and the Truth and Justice Commission in Mauritius which focused on the legacy of slavery and indentured servitude over a long colonial period. The Commission for Reception, Truth and Reconciliation in East Timor also aimed to tell a new "national narrative" to replace the version of history that had been prevalent under foreign rule.
Within the scope of transitional justice, truth commissions tend to lean towards restorative rather than retributive justice models. This means they often favour efforts to reconcile divided societies in the wake of conflict, or to reconcile societies with their own troubled pasts, over attempts to hold those accused of human rights violations accountable. Less commonly, truth commissions advocate forms of reparative justice, efforts to repair past damage and help victims of conflict or human rights violations to heal. [6] [7] [8] [9] This can take the form of reparations to victims, whether financial or otherwise; official apologies; commemorations or monuments to past human rights violations, or other forms. Reparations have been central, for instance, in Morocco's Equity and Reconciliation Commission.[ citation needed ]
Reconciliation forms a crucial aspect of most commissions. In some cases, peace agreements or the terms of transfers of power prevent court prosecutions and allow impunity for former rulers accused of human rights violations or even crimes against humanity, and truth commissions appear as the major alternative. In other cases, governments see the opportunity to unite divided societies and offer truth and reconciliation commissions as the way to reach that goal. Truth commissions formed part of peace settlements in El Salvador, Congo, Kenya, and others.[ citation needed ]
Commissions often hold public hearings in which victims/survivors can share their stories and sometimes confront their former abusers. These processes sometimes include the hope of forgiveness for past crimes and the hope that society can thereby be healed and made whole again. [10] The public reconciliation process is sometimes praised for offering a path to reconciliation, and sometimes criticised by main stake holders (victim associations, relatives of the disappeared, ex-perpetrators) for promoting impunity and further traumatising victims. [11] [ by whom? ]
On some occasions, truth commissions have been criticized for narrow mandates or lack of implementation after their reports. [3] Examples include Chad's Commission of Inquiry into Crimes and Misappropriations committed by former president Hissene Habre and the Philippines Truth Commission which has been criticized as selective justice. A short-lived Commission of Truth and Reconciliation in Yugoslavia never reported as the country that created it ceased to exist. In others, such as Rwanda, it has been impossible to carry out commission recommendations due to a return to conflict.[ citation needed ]
The first truth commissions did not use the name, but aimed to unearth the truth about human rights violations under military regimes, predominantly in Latin America. Bolivia established a National Commission of Inquiry Into Disappearances in 1982 based on bringing together disparate sectors of society after the end of military rule, but the commission never reported. An earlier and perhaps the first such commission occurred in Uganda in 1974, and was known as the Truth Commission: Commission of Inquiry into the Disappearances of People in Uganda since 25 January 1971.
The first such commission to be effective was Argentina's National Commission on the Disappearance of Persons, created by President of Argentina Raúl Alfonsín on 15 December 1983. It issued the Nunca Más (Never Again) report, which documented human rights violations under the military dictatorship known as the National Reorganization Process. The report was delivered to Alfonsín on 20 September 1984 and opened the door to the Trial of the Juntas, the first major trial held for war crimes since the Nuremberg trials in Germany following World War II and the first to be conducted by a civilian court.
Ugandan president Yoweri Museveni established the Commission of Inquiry into Violations of Human Rights (CIVHR) in 1986 to investigate human rights abuses under his predecessors Idi Amin and Milton Obote. The commission suffered from under-resourcing and did not deliver its report until 1994. [12] In Chile, shortly after the country's return to democracy, a Truth and Reconciliation Commission was established in April 1990. [13] It was the first to use the name and most truth commissions since then have used a variation on the title. Other early commissions were established in diverse locations including Nepal (1990), El Salvador (1992), Guatemala (1994), and Ireland (1994).
South Africa's truth and reconciliation commission was formed in 1995, in the aftermath of apartheid, as a deal between the former white-minority regime and the African National Congress. Formal hearings began on 16 April 1996.[ citation needed ] The ANC's call for "truth" about the apartheid years combined with the ruling National Party's demand for amnesty for many of the perpetrators of apartheid to create the hybrid "truth and reconciliation" commission led by Bishop Desmond Tutu. During the truth and reconciliation commission, there were three committees and 17 commissioners in total. [14] The three committees created were the Human Rights Violations, Amnesty, and the Rehabilitation and reparation committees. [14]
Approximately 7,000 individuals applied for amnesty, but only 10 percent received it. [15] Those who violated human rights and followed the criteria did receive it. The criteria required individuals to not only fully admit to their crimes, but also to prove that their crimes were politically motivated. [15] Those who supported the hybrid truth commission hoped it would heal the wounds of the past, give dignity to victims, and permit the emergence of a post-apartheid "rainbow nation" led by Nelson Mandela. To further heal the wounds, the commission recommended that there be a "wealth tax", which would punish those who gained from apartheid, but South Africa never followed through. [15] South Africa has not formally inserted any reparation programs. [15] With South Africa being the first to mandate a truth and reconciliation commission, it has become a model for other countries. [15] Commissions have been widespread in the aftermath of conflict as components of peace agreements in Africa since the 1990s.
Following South Africa's truth and reconciliation commission, many more truth commissions have been created and continue to be created. [15] These include repeat commissions in some countries where the first commission was constrained and new governments felt it had not carried out a full accounting for the past. It has become a model for other countries. [15] Commissions have been widespread in the aftermath of conflict as components of peace agreements in Africa since the 1990. For example, Congo and Sierra Leone have used truth commissions. Chile's Commission for Truth and Reconciliation was followed by a Commission on Political Imprisonment and Torture in 2003. Approximately 3,000 people died or went missing during the years of Augusto Pinochet's rule. [16] Pinochet's successor created the first commission in 1990. [16] In Brazil, the National Truth Commission was proposed by the 3rd National Human Rights Program to investigate the crimes of the military dictatorship (1964–1985) and came into force in 2012. [17] [18] The Nepalese Truth Commission was followed by a new commission in 2014; and there have been calls for a new truth commission to supplement the Panama Truth Commission established in 2000.
In Scandinavia, Nordic countries have set up Sámi reconciliation commissions to investigate indigenous injustices. [19]
Germany has held two truth commissions on human rights violations in the former East Germany.
Commissions have also started to operate with targeted mandates related to Indigenous peoples or the aftermath of colonialism.
The term used in Australia is "truth telling", and calls for a truth-telling commission about past injustices have been made over a long period into the 21st century. The Council for Aboriginal Reconciliation discussed the topic in a 2000 report which followed a nine-year process of community consultation about how Aboriginal and Torres Strait Islander and non-Indigenous Australians could move forward together. The Referendum Council, which was established to consult with Aboriginal and Torres Strait Islander peoples about their views on constitutional recognition, highlighted the importance of truth-telling in its 2017 final report. [20]
The Joint Select Committee on Constitutional Recognition relating to Aboriginal and Torres Strait Islander Peoples was appointed in March 2018, and presented its final report on 29 November 2018. [21] [22] There were four recommendations in the report. Recommendation 3 was: "The Committee recommends that the Australian Government support the process of truth-telling. This could include the involvement of local organisations and communities, libraries, historical societies and Aboriginal and Torres Strait Islander associations. Some national coordination may be required, not to determine outcomes but to provide incentive and vision. These projects should include both Aboriginal and Torres Strait Islander peoples and descendants of local settlers". [23]
In October 2018 a symposium was held by the Healing Foundation and Reconciliation Australia to share knowledge about the importance of truth telling, examine what truths need to be told in Australia, look at different truth-telling practices that might be applicable to Australia, and work on some guiding principles for future truth-telling processes. The symposium was attended by 60 experts, leaders and key stakeholders in the field. [24]
In July 2019, Minister for Indigenous Australians Wyatt gave an address to the National Press Club, in which he spoke of the theme of NAIDOC Week 2019: "Voice. Treaty. Truth.". With regard to truth-telling, he said he would "work on approaches to work on how we progress towards truth-telling". [25] [26] [27]
In July 2020, the Victorian Government became the first government in Australia to commit to the creation of a truth and justice commission, to "formally recognise historical wrongs and ongoing injustices". The Yoorrook Justice Commission aims to establish an official public record of the experience of Aboriginal Victorians since the start of British colonisation in Victoria. [28] Its findings will include recommendations for reform and redress, and will inform Victoria's treaty negotiations. [29] In September 2023 Yoorrook proposed 46 recommendations to improve the child protection and criminal justice systems in Victoria, including raising the age of criminal responsibility from 10 to 14 years of age. [30]
Canada's Truth and Reconciliation Commission focused on the legacies of Canadian Indian residential schools and Indigenous-settler relations. Canada had sanctioned a program that allowed the kidnapping of native children in order to assimilate them. The commission was established in 2006 as part of the settlement of a class-action lawsuit in which nearly 4,600 residential school survivors had sued the federal government. [31] In June 2015, the Canadian Truth and Reconciliation Commission released a summary report of its findings, concluding that the school system amounted to cultural genocide. [32] Estimates of the number of Indigenous children who died while attending these schools range from 3,200 to over 30,000. [33] [34] [35]
In 2018, the Norwegian parliament commissioned The Norwegian Truth and Reconciliation Commission to lay the foundation for recognition of the experiences of the Sámi.
Sweden has faced criticism for its Swedification policies, which began in the 1800s and lasted until the 1970s. [36] In 2020, Sweden funded the establishment of an independent truth commission to examine and document past abuse of the Sámi by the Swedish. [37]
The Stolen Generations were the children of Australian Aboriginal and Torres Strait Islander descent who were removed from their families by the Australian federal and state government agencies and church missions, under acts of their respective parliaments. The removals of those referred to as "half-caste" children were conducted in the period between approximately 1905 and 1967, although in some places mixed-race children were still being taken into the 1970s.
The Truth and Reconciliation Commission (TRC) was a court-like restorative justice body assembled in South Africa in 1996 after the end of apartheid. Authorised by Nelson Mandela and chaired by Desmond Tutu, the commission invited witnesses who were identified as victims of gross human rights violations to give statements about their experiences, and selected some for public hearings. Perpetrators of violence could also give testimony and request amnesty from both civil and criminal prosecution.
Reconciliation Australia is a non-government, not-for-profit foundation established in January 2001 to promote a continuing national focus for reconciliation between Indigenous and non-Indigenous Australians. It was established by the Council for Aboriginal Reconciliation, which was established to create a framework for furthering a government policy of reconciliation in Australia.
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.
Bringing Them Home is the 1997 Australian Report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families. The report marked a pivotal moment in the controversy that has come to be known as the Stolen Generations.
The Redfern Park Speech, also known as the Redfern speech or Redfern address, was made on 10 December 1992 by the then Australian Prime Minister, Paul Keating, at Redfern Park, which is in Redfern, New South Wales, an inner city suburb of Sydney. The speech dealt with the challenges faced by Indigenous Australians, both Aboriginal Australian and Torres Strait Islander peoples. It is still remembered as one of the most powerful speeches in Australian history, both for its rhetorical eloquence and for its ground-breaking admission of the negative impact of white settlement in Australia on its Indigenous peoples, culture and society, in the first acknowledgement by the Australian Government of the dispossession of its First Peoples. It has been described as "a defining moment in the nation's reconciliation with its Aboriginal and Torres Strait Islander people".
An amnesty law is any legislative, constitutional or executive arrangement that retroactively exempts a select group of people, usually military leaders and government leaders, from criminal liability for the crimes that they committed. More specifically, in the 'age of accountability', amnesty laws have come to be considered as granting impunity for the violation of human rights, including institutional measures that preclude the prosecution for such crimes and reprieve those crimes already convicted, avoiding any form of accountability.
Indigenous Australians are people with familial heritage from, and/or recognised membership of, the various ethnic groups living within the territory of present day Australia prior to British colonisation. They consist of two distinct groups, which includes many ethnic groups: the Aboriginal Australians of the mainland and many islands, including Tasmania, and the Torres Strait Islanders of the seas between Queensland and Papua New Guinea, located in Melanesia.
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.
Mabo Day is a commemorative day that occurs annually on 3 June. It is an official holiday in the Torres Shire, and occurs during National Reconciliation Week in Australia.
Thomas Edwin Calma, is an Aboriginal Australian human rights and social justice campaigner, and 2023 senior Australian of the Year. He was the sixth chancellor of the University of Canberra (2014-2023), after two years as deputy chancellor. Calma was the second Aboriginal or Torres Strait Islander person to hold the position of chancellor of any Australian university.
The Closing the Gap framework is a strategy by the Commonwealth and state and territory governments of Australia that aims to reduce disparity between Aboriginal and Torres Strait Islander peoples and non-Indigenous Australians on key health, education and economic opportunity targets. The strategy was launched in 2008 in response to the Close the Gap social justice movement, and revised in 2020 with additional targets and a refreshed strategy.
The Commission of Inquiry to Locate the Persons Disappeared during the Panchayat Period (1990–1991) is a truth commission established in Nepal in 1990 after the end of the autocratic Panchayat Regime by the first post-Panchayat Prime Minister Krishna Prasad Bhattharai. The commission was set up to examine allegations of human rights violations and inquire about enforced disappearances during the Panchayat system from 1961 to 1990. A report was officially submitted to the government in 1991, but it was made public only in 1994. The commission identified 35 persons disappeared on about one hundred studied cases. However, no alleged perpetrators were judged.
The Uluru Statement from the Heart is a 2017 petition to the people of Australia, written and endorsed by the Australian Aboriginal and Torres Strait Islander leaders selected as delegates to the First Nations National Constitutional Convention. The document calls for substantive constitutional change and structural reform through the creation of two new institutions; a constitutionally protected First Nations Voice and a Makarrata Commission, to oversee agreement-making and truth-telling between governments and First Nations. Such reforms should be implemented, it is argued, both in recognition of the continuing sovereignty of Indigenous peoples and to address structural power differences that has led to severe disparities between Indigenous and non-Indigenous Australians. These reforms can be summarised as Voice, Treaty and Truth.
Close the Gap (CTG) is a social justice campaign focused on Indigenous Australians' health, in which peak Aboriginal and Torres Strait Islander and non-Indigenous health bodies, NGOs and human rights organisations work together to achieve health equality in Australia. The Campaign was launched in April 2007. National Close the Gap Day (NCTGD) has been held annually since 2009.
Reconciliation in Australia is a process which officially began in 1991, focused on the improvement of relations between the Aboriginal and Torres Strait Islander peoples of Australia and the rest of the population. The Council for Aboriginal Reconciliation (CAR), created by the government for a term of ten years, laid the foundations for the process, and created the peak body for implementation of reconciliation as a government policy, Reconciliation Australia, in 2001.
Constitutional recognition of Indigenous Australians refers to various proposals for changes to the Australian Constitution to recognise Indigenous Australians in the document. Various proposals have been suggested to symbolically recognise the special place Indigenous Australians have as the first peoples of Australia, along with substantial changes, such as prohibitions on racial discrimination, the protection of languages and the addition of new institutions. In 2017, the Uluru Statement from the Heart was released by Indigenous leaders, which called for the establishment of an Indigenous Voice to Parliament as their preferred form of recognition. When submitted to a national referendum in 2023 by the Albanese government, the proposal was heavily defeated.
Australian Indigenous advisory bodies are Aboriginal and Torres Strait Islander advisory bodies established or proposed to be established by the Commonwealth and state and territory governments. Calls for such bodies, especially for a Commonwealth level Voice to Parliament, became prominent following the release of the Uluru Statement from the Heart, however similar bodies of various levels of independence have existed since the official end of assimilationist policies in the 1970s and the promotion of self-determination and reconciliation. Such bodies generally advise governments on policies and programmes that affect Indigenous Australians, and represent Indigenous interests in public debate. Other advisory bodies have been established in the context of state treaty process, to advise governments and Indigenous groups to prepare for upcoming negotiations.
The Joint Select Committee on Constitutional Recognition relating to Aboriginal and Torres Strait Islander Peoples was appointed by a resolution of appointment in March 2018.Complete report
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In order to redress the legacy of residential schools and advance the process of Canadian reconciliation, the Truth and Reconciliation Commission makes the following calls to action.