truth commission

Introduction

 an official body established to investigate a series of human rights violations, war crimes (war crime), or other serious abuses that took place over many years. Truth commissions aim to identify the causes and consequences of abuses, which may have been committed by repressive regimes or by armed groups. They conclude with a final report, including recommendations for reform to prevent such abuses from being repeated.

Origins

      The first well-known truth commission, known as the National Commission on the Disappeared, was established in Argentina in 1983. Others were soon established in Africa, Asia, and elsewhere in Latin America. It was not until the mid-1990s, however, that the term truth commission came to be used as a description of a general type of commission—an official inquiry looking at a pattern of events over time.

      More than 35 truth commissions have operated since the mid-1970s in all regions of the world. Among those best known is the Truth and Reconciliation Commission of South Africa (South Africa) (TRC), founded in 1995. Led by Archbishop Desmond Tutu (Tutu, Desmond), it investigated human rights violations committed by all sides during the era of apartheid. Other noteworthy and effective truth commissions were created in Guatemala (Commission for Historical Clarification; report presented 1999), Peru (Truth and Reconciliation Commission; report presented 2003), and East Timor (the Timor-Leste Commission for Reception, Truth, and Reconciliation; report presented 2005).

 The South African commission was nonetheless distinguished as the only truth commission of its era that possessed the power to grant amnesty, including amnesty for serious crimes, in exchange for truth. This arrangement covered crimes such as killing and severe ill treatment, including torture, but only if the crime was shown to be politically motivated and only after the perpetrator provided a full disclosure of relevant facts—a process that included responses to direct questions from victims.

Operation

      Because the events that lead to the formation of a truth commission are always unique, each commission must reflect the realities of its particular environment. Typically, a truth commission operates for a maximum of two to three years. To achieve its mandated objectives, the commission may employ hundreds of staff members as researchers, investigators, and statement takers to help collect extensive detailed information from thousands of victims and witnesses. Truth commissions may also hold select public hearings. Some are granted subpoena powers or an explicit right to gain access to government documents. Others must rely on voluntary cooperation, not only from high-level officials but also from direct perpetrators, often in return for a guarantee of confidentiality.

      Truth commissions do not have the power to prosecute wrongdoers, but they may recommend that prosecutions take place. To this end, some have shared their archives with prosecuting authorities. Some have also chosen to name publicly those persons they conclude to be responsible for specific violations. In this respect, the interplay between nonjudicial truth seeking and prosecutions (whether by national, hybrid, or international courts) must be considered carefully.

      Public hearings are one of the more compelling components of truth commissions. Because such proceedings are often broadcast live on television and radio in the country in which they are held, they bring significant attention to domestic human rights issues, and they hold the potential for transmitting those concerns around the world. The public hearings conducted by South Africa's TRC led other commissions, such as the Sierra Leone Truth and Reconciliation Commission, to include public hearings in their work.

Truth commissions and transitional justice

 Truth commissions in a wide range of countries, including Argentina, Chile, El Salvador, Ghana, Morocco, and Sierra Leone, have been important exercises in each of their national contexts. Truth commissions represent one aspect of what has come to be called transitional justice, which applies a range of judicial and nonjudicial policies intended to build accountability and foster reconciliation after periods of massive atrocity or abusive rule. In many countries, a policy for settling crimes of the past that is based solely on criminal prosecutions may leave many perpetrators untouched, many victims unheard, and important societal needs unmet. Countries often do not have the capacity to prosecute thousands of accused persons. In such cases, approaches based on the notion of transitional justice are more likely to satisfy the wide range of needs and demands that emerge as a society attempts to come to terms with the legacy of a brutal past.

Additional Reading

Historical works examining South Africa are Alex Boraine, A Country Unmasked (2000); and Richard A. Wilson, The Politics of Truth and Reconciliation in South Africa: Legitimizing the Post-Apartheid State (2001). A comprehensive view of truth commissions is Priscilla B. Hayner, Unspeakable Truths: Facing the Challenge of Truth Commissions (2002). A comparative review of several truth commissions is provided in Naomi Roht-Arriaza and Javier Mariezcurrena (eds.), Transitional Justice in the Twenty-First Century: Beyond Truth Versus Justice (2006). Practical challenges and operational guidelines are outlined in United Nations Office of the High Commissioner for Human Rights, Rule-of-Law Tools for Post-Conflict States: Truth Commissions (2006).Priscilla B. Hayner

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