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Truth commission

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This article is about discovering and revealing past wrongdoings. For other uses, see Truth Commission (disambiguation).
A world map showing all the truth and reconciliation commissions in Museum of Memory and Human Rights, Santiago, Chile.

A truth commission or truth and reconciliation commission is a commission 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. They are, under various names, occasionally set up by states emerging from periods of internal unrest, civil war, or dictatorship. South Africa's Truth and Reconciliation Commission, established by President Nelson Mandela and Desmond Tutu after apartheid, is popularly considered a model of truth commissions.

As government reports, they can provide proof against historical revisionism of state terrorism and other crimes and human rights abuses. 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. Often, there is a public mandate to bring past human rights violators to justice, though in some cases (such as Argentina after 1983 and Chile after 1990), abuses of human rights have gone unpunished under truth commissions due to threats of antidemocratic coups by the powerful parties who endure in the military. In this sense, the militaries in question, having ceded control to a civilian government, insist that the "price" of ending their own military rule must be full impunity for any of their past abuses. In some cases, such as the "Full Stop" law of Argentina that prevented prosecution of officers of the military junta, this impunity has been enshrined in law under the civilian government.

One of the difficult issues that has arisen over the role of truth commissions in transitional societies, has centered around what should be the relationship between truth commissions and criminal prosecutions.[1]

List of truth and reconciliation commissions

Argentina

  • The National Commission for Forced Disappearances (Comisión Nacional sobre la Desaparición de Personas) investigated human rights violations, including 30,000 forced disappearances, committed during the Dirty War. The report produced by the commission included individual cases on 9,000 disappeared persons. However, in most cases, the commission was only able to determine the status of those disappeared, rather than being able to name the victimizers.

Brazil

  • The non-punitive Comissão Nacional da Verdade was approved in late 2011 by the Federal Senate and sanctioned by President Dilma Rousseff. The commission will last for two years and consist of seven members appointed by President Dilma Rousseff. Members of the commission will have access to all government files about the 1946–1988 period and may convene victims or people accused of violations for testimony, although it will not be mandatory for them to attend. After the end of the two years period, the commission will issue a report with its findings. The group will not have, however, the obligation to disclose everything they discover.

Canada

Colombia

  • The National Commission for Reparation and Reconciliation (Comisión Nacional de Reparación y Reconciliación) aims to help victims to recover from the armed conflict.[2]

Chile

  • The National Truth and Reconciliation Commission (Comisión Nacional de Verdad y Reconciliación; "Rettig Report") investigated deaths and disappearances, particularly for political reasons, under Augusto Pinochet's rule. The report was released in 1991.
  • The National Commission on Political Imprisonment and Torture ("Valech Report") also investigated human rights abuses from the reign of Augusto Pinochet. Released in 2004 and 2005, the commission differed from the previous one in that it investigated non-fatal violations of human rights, such as torture, and also covered children whose parents had disappeared or been killed. The report of this commission was used by the government of Chile to give out pensions and other benefits to survivors.

El Salvador

  • Established by the United Nations (instead of the Government of El Salvador), the establishment of the Commission on the Truth for El Salvador(Comisión de la Verdad) (United Nations)[3] was part of Chapultepec Peace Accords to end the Salvadoran Civil War. The commission investigated murders and executions committed during the war, including that of Óscar Romero. However, Romero's murder has to this date not been prosecuted, mostly due to the post-war entrenchment of politicians from the Arena party formerly led by Roberto D'Aubuisson (who led the death squads that assassinated him).

Fiji

Ghana

Guatemala

Kenya

Liberia

Morocco

Panama

Peru

Philippines

Sierra Leone

Solomon Islands

South Africa

South Korea

Sri Lanka

After an 18 month inquiry, the commission submitted its report to the President on 15 November 2011. The report was made public on 16 December 2011, after being tabled in the parliament.[13]

East Timor

Uganda

United States

See also

  • 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 German policy of Vergangenheitsbewältigung is commonly compared to truth and reconciliation
  • transitional justice

References

  1. ^ See Lyal S. Sunga "Ten Principles for Reconciling Truth Commissions and Criminal Prosecutions", in The Legal Regime of the ICC (Brill) (2009) 1075-1108.
  2. ^ [1] Colombian CNRR website
  3. ^ Derechos.org
  4. ^ Ghana.gov
  5. ^ Irinnews.org
  6. ^ Gov.ph
  7. ^ Ager, Maila (June 29, 2010). "Davide named Truth Commission chief". Philippine Daily Inquirer. Retrieved June 29, 2010.
  8. ^ "Solomon Islands moves closer to establishing truth and reconciliation commission". Radio New Zealand International. September 4, 2008. Retrieved November 24, 2011.
  9. ^ "Archbishop Tutu to Visit Solomon Islands", Solomon Times, February 4, 2009
  10. ^ Doj.gov.za
  11. ^ Jinsil.go.kr
  12. ^ English.chosun.com
  13. ^ "President Releases LLRC Report To Parliament, The UN And Public". The Sunday Leader. 18 December 2011. Retrieved 29 December 2011.

Bibliography

Arnaud Martin, La mémoire et le pardon. Les commissions de la vérité et de la réconciliation en Amérique latine, Paris, L'Harmattan, 2009.

Priscilla B. Hayner, Unspeakable Truths: Facing Challenge of Truth Commissions. New York: Routledge, 2001.

External links

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