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Fifteen Truth Commissions--1974 to 1994: A Comparative Study
... In cases of massive human rights violations, the prosecution and punishment of individual perpetrators by criminal trials are selective and symbolic, and therefore play a relatively limited role in uncovering the overall patterns of human rights violations (Hayner, 1994). An alternative to traditional retributive measures of transitional justice, truth commissions originated in Latin America in the 1980-90s as a response to the need to establish a full and fair account of what had happened during the era of military dictatorships, especially "enforced disappearances". ...
... An alternative to traditional retributive measures of transitional justice, truth commissions originated in Latin America in the 1980-90s as a response to the need to establish a full and fair account of what had happened during the era of military dictatorships, especially "enforced disappearances". Truth commissions are typically temporary, authoritative bodies set up to investigate patterns of past human rights abuses (Hayner, 1994). They also go beyond their mission of revealing the truth and serve an important symbolic purpose of acknowledging the truth (Hayner, 1994). ...
... Truth commissions are typically temporary, authoritative bodies set up to investigate patterns of past human rights abuses (Hayner, 1994). They also go beyond their mission of revealing the truth and serve an important symbolic purpose of acknowledging the truth (Hayner, 1994). Their proponents have argued that truth commissions can facilitate societal healing, bring about closure, pave a way to reconciliation in the process of uncovering and acknowledging "the truth" (David, 2017;Gibson, 2002Gibson, , 2004a. ...
Transitional justice refers to a variety of measures that aim to address large-scale or systematic human rights violations in societies emerging from repression or mass violence. This chapter reviews the interdisciplinary literature on transitional justice with a particular focus on empirical studies attempting to uncover its effects on individuals affected by violence and repression, including victims, perpetrators, and communities at large. We first consider retributive and restorative justice as two distinct notions of justice that are of primary concern in the aftermath of mass atrocities, and then zoom in on the psychological implications of major transitional justice measures. These measures include criminal trials, truth commissions, material and symbolic reparations, as well as grassroot and hybrid measures. In addition, we discuss the case of impunity, or the absence of transitional justice. Our review highlights the advantages and limitations of different transitional justice measures in promoting human rights, peace, and reconciliation, and identifies directions for future research.
... TJ mechanisms such as prosecutions can offer victims the opportunity of access to more information about the past as well as the chance to speak about their experiences in a public forum and thus become active participants in the justice process. The reparative power of truth-telling has been highlighted by various scholars (Goldstone, 1996;Hayner, 1994;Lawry-White, 2015). Indeed, two of the most acknowledged dimensions of trials, but also of other TJ mechanisms and memory initiatives, are their investigative function and their visibility and impact in the public sphere. ...
Transitional justice criminal trials and memory policies have been a major step forward in strengthening accountability for human rights violations, while providing recognition and reparation to victims of state crimes and institutionalizing the demand for non-recurrence in Argentina. However, in recent years they have become the focus of serious attacks. The rise of far-right forces, which came to power with the figure of Javier Milei at the end of 2023, has led to the institutionalization of negationist discourses and an increase in the shrinking of spaces for human rights actors along with a reversal of the politics of justice and memory, including the persecution and stigmatization of victims and human rights organizations. The use of defamatory publicity campaigns, one-sided accusations and, above all, the withholding of funding for human rights policies and institutions are seriously hampering the progress of judicial proceedings and other reparation measures. In this context, this article illustrates how, once negationist discourses are institutionalized, legitimized and disseminated in the public sphere, they tend to be translated into concrete consequences that undermine the functioning and scope of transitional justice and memory actors and spaces. In Argentina, the government’s anti-transitional justice stance has materialized in specific official measures aimed at undermining four key dimensions of transitional justice functioning and objectives: obstructing investigations, limiting access to information, reducing the public impact of transitional justice and weakening the activism and participation of human rights and victims’ organizations.
... Truth commissions are typically established during periods of political change within a nation. They serve the purpose of showcasing a departure from previous instances of human rights violations, fostering unity among the populace, and bolstering governmental authority (Hayner, 1994). ...
This study articulates how Hannah Arendt’s conceptualisation of forgiveness, reconciliation and promise contribute to our understanding of the dynamics of forgiveness in post-conflict African contexts. Against widespread belief that Western theory or thought is not relevant to understanding African idiosyncrasies, let alone post-conflict Africa, this study contends that Hannah Arendt’s theorising on promise and forgiveness is relevant to explaining conflict resolution and transitional justice mechanisms in post-conflict Africa because of her emphasis that the imperative forgiveness should be based on respect, consistent and continuous rather than “confined to one single deed from which we could never recover” or “love” and the truth commission mirrors Arendtian’s conditions. Specifically, the study looks at the power of forgiveness in Arendt’s work as integral to the South Africa and Rwandan Truth and Reconciliation Commission. Again, the main thesis of this study is that Arendt’s concept of forgiveness is anchored on respect, consistency and continuity rather than on love or one-off/single action and that transitional justice in post-conflict Africa – Rwanda and South Africa reflect Arendtian’s conditions on forgiveness.
... Both Teitel (2003) and Hayner (2001) define it as a temporary body empowered by states to investigate, document and report upon past events of a specified period. Pointedly, irrespective of its critical aspects (Brahm 2007;Lawry-White 2015), 11 it is useful to resolve a dichotomy between truth and justice that has emerged (Hayner 1994;Teitel 2003). Teitel (2003) explains that while criminal trials involve complications concerning offences, offenders and victims, a truth commission is likely to explore broader historical aspects of human rights abuses instead of simply providing judgements in separate cases. ...
This empirical study examines the potential and the obstacles of transitional justice in addressing the denial of the Rohingya genocide in Myanmar (also known as Burma). It utilizes a qualitative research approach, drawing on relevant scholarship of truth-seeking as a transitional justice mechanism, criminology and international law. Empirical data were collected through in-depth interviews with victims of the Rohingya community and key informants in two separate stages between 2022 and 2023. This study presents an interdisciplinary approach to assess the role of a truth commission – a truth-seeking tool – in confronting Myanmar’s denial of this crime. It suggests that examining amnesties, as well as disarmament, reintegration and rehabilitation programmes for the individual perpetrators within the framework of a truth commission can provide a more nuanced discourse of addressing the decades-long denial of the Rohingya genocide in Myanmar.
... Sin embargo, a pesar de su protagonismo, no ha habido consenso en la literatura acerca de qué es exactamente una comisión de la verdad. Después de un proceso de construcción teórica (Hayner, 1994(Hayner, , 2011Freeman, 2006;Brahm, 2009;Dancy, Kim y Brahm, 2010;Ibáñez Najar, 2014), Bakiner (2016: 24) culmina el trabajo definiéndola como "un organismo temporal establecido con un mandato oficial con el fin de investigar violaciones de derechos humanos en el pasado, identificar los patrones y las causas de la violencia y publicar un informe final a través de un procedimiento políticamente autónomo". Esta definición permite distinguir de otras que se le parecen, pero no lo son, como los "unofficial truth projects" (Bickford, 2007) o comisiones de la verdad incompletas, ya sea por carecer de independencia política o por no elaborar un informe final, por ejemplo. ...
Pese a la importancia de las comisiones de la verdad en los últimos años en América Latina, las recomendaciones que estas emiten constituyen un sujeto de estudio que ha sido poco abordado en la literatura especializada, y menos aún desde perspectivas inclusivas. Los procesos de justicia transicional corren el riesgo de analizar el contexto desde una mirada analítica generalista y, por tanto, que bebe de sistemas sustentados en un status quo que es desigual, heteronormativo, adultocentrista y mononacional. Por ello, este artículo analiza la formulación de las recomendaciones de 11 comisiones de la verdad en América Latina atendiendo a los enfoques de género (mujeres y LGTBI), etario (menores y mayores), étnico (indígena y afroamericano) y de discapacidad. Además, se analiza de forma breve el nivel de implementación de las recomendaciones en base a los datos del proyecto Beyond Words: Latin American Truth Commissions’ Recommendations. El estudio, basado en un análisis de contenido cualitativo e interpretacional, concluye que tanto la formulación de recomendaciones con enfoques inclusivos como su implementación es deficiente y, además, existe una dinámica por la cual las perspectivas centradas en colectivos como el LGTBI, las personas mayores, o la comunidad afroamericana están, de alguna manera, subordinadas a las de las mujeres, los menores, y la comunidad indígena, respectivamente. Así, se pone de relieve la cuestión de si la justicia transicional constituye una ventana de oportunidad o una oportunidad para perpetuar el status quo.
... When faced with international censure but lacking a viable domestic opposition in 1974, Amin installed a commission with a narrow material scope of inquiry and restricted it to studying a single abuse over a narrow window of time. 15 The government also did not empower the commission to examine antecedents of these abuses. 16 The commission's report avoided directly implicating Amin and members of his inner circle and was never officially published. ...
What accounts for the creation, design, and outputs of quasi-judicial institutions in autocracies? Prior research demonstrates that autocrats co-opt electoral, legislative, and judicial institutions to curtail opponents’ power and curry international patrons’ favor. However, scholarship on co-optation neglects quasi-judicial mechanisms, such as truth commissions, that can be useful for arranging a political narrative that bolsters a leader’s image while undermining his rivals. In this article, we formalize the concept of autocratic truth commissions—which account for one-third of truth commissions globally—and develop and test a novel theory of their origins, inputs, and outputs. We theorize that autocrats establish self-investigating commissions in response to threats to their symbolic authority and install rival-investigating commissions in response to threats to both symbolic authority and regime survival. We further argue that these two commission types take on different institutional forms and produce different outputs. Self-investigating commissions are afforded narrow mandates and produce reports that obscure basic facts. Meanwhile, rival-investigating commissions are granted wide mandates and culminate in accurate reports of rivals’ responsibility for abuses. We evaluate these expectations through comparative case studies of two autocratic truth commissions in Uganda, and find support.
... While these measures allow for the mapping of broad patterns in the relative protection of certain human rights, they of course say nothing of the human stories Política / Revista de Ciencia Política behind the abuses that were committed. Interestingly, Chile was one of the first countries in the world to undertake a process of truth and reconciliation and stands alongside Argentina and South Africa as the first generation of such processes 6 , which used a formal body with a particular mandate to uncover past wrongs (see Hayner 1994Hayner , 2002Hayner , 2010Landman 2006;Landman and Carvalho 2009). As an early example of a truth and justice process, Chile stands out as having had an official standing with a legally recognised commission (Comisión Nacional de Verdad y Reconciliación, or 'Rettig Report'), but its mandate was particularly narrow and focussed on that set of cases that could be documented through the identification of actual physical remains of victims (as opposed to the systematic analysis of narrative accounts of rights violations used in subsequent truth commissions, e.g. in South Africa, Peru, East Timor, Sierra Leone). ...
This article argues that Chile has had a disproportionate effect on the international politics and law of human rights. Understood in traditional realist terms, Chile is a relatively small country that only recently joined the OECD and that should not have a great deal of impact on international affairs. Yet, for the 40 years since the 1973 military coup that overthrew the government of Salvador Allende it has received a tremendous amount of attention from other states (particularly the United States), inter-governmental organisations and international non-governmental organisations, while at the same time has had a great deal of impact on the public discourse and understanding around human rights in ways that have advanced international law and policy making. The article examines the unlikely nature of Chile’s influence on human rights at the international level while recognising that very little true justice has been achieved at the domestic level for the gross violations of human rights that had been committed during the Pinochet dictatorship. The case of Chile is thus an illustrative example of ‘the power of human rights’ that has contributed to the ‘justice cascade’ in significant way, even though true justice at home has been slow in coming.
... The purposes of such processes vary widely. Primarily, Truth Commissions seek to acknowledge the 'truth' and bear witness to atrocities committed (Hayner, 1994). There are also legal challenges which seek to bring recourse for illegal acts of human rights abuses and torture and reparations for those affected. ...
... Truth commissions are institutions that are created to investigate violations of human rights committed by State agents, sometimes also by other actors, in a particular country. 16 Truth commissions were used widely in post-authoritarian contexts throughout the 1980s and 1990s, and by 2010 Hayner identified no less than 40 truth commissions all over the world. 17 In order for a truth-seeking body to be a truth commission, Hayner suggests that it has to be focused on the past, investigate a pattern of events that took place over a period of time, engage directly and broadly with the population that was affected, and gather information about their experiences. ...
One of the mandates of the Norwegian Truth and Reconciliation Commission (TRC)
is to contribute to reconciliation between the majority population and the Sámi and
Kven population. The Commission is tasked to create greater equality between the
majority and minority populations as well as increasing the knowledge about the
Sámi and Kven population in the majority. In this paper, we will focus on the Sámi
indigenous people.
We will examine three aspects: first, the assumption that the reconciliation should
be between the majority population and the Sámi population rather than between
the State and the population targeted by the Norwegianisation policies. Second,
how such a reconciliation between the State and the Sámi is possible when there are ongoing conflicts over the use of land and water, exemplified by the Fosen windmill case. Finally, the TRC believes that a common understanding of the Norwegianisation policies and its consequences will lay the foundation for a continued reconciliation between the Sámi and the majority population. The paper discusses the involvement of the majority population in the process as well as the issues of public hearings and reparations.
By means of an interdisciplinary examination of the Norwegian TRC, this paper
presents sociological and legal perspectives. It draws on research from Latin American TRCs, particularly the Peruvian TRC, and thereby offers comparative perspectives.
... Pendekatan rekonsiliasi, meski dianggap tidak menjamin terwujudnya rasa keadilan, telah diterapkan oleh lebih dari 20 negara untuk menyelesaikan pelanggaran berat HAM masa lalu. Negara-negara itu antara lain: Afrika Selatan (1995), Chili (1990-1992), El Savador (1992-1994 Islah adalah suatu pendekatan kultural yang persuasif serta memiliki landasan filosofis dan teologis bagi sebagian besar masyarakat Indonesia yang beragama Islam. Islah menurut A. Yani Wahid merupakan warisan religius untuk resolusi konflik dalam tragedi kemanusiaan. ...
p> Abstrak
Persoalan extrajudicial killings 1965 merupakan kejahatan terhadap kemanusiaan dan
termasuk kejahatan HAM berat sesuai Pasal 7 UU No. 26 Tahun 2000. Penghukuman
yang dilakukan tanpa proses pengadilan merupakan pengkhianatan terhadap nilai-nilai
kemanusiaan yang terkandung dalam Pasal 1 ayat (3) Undang-Undang Dasar 1945. Dalam
Masstricht Guidelines on Violations of Economic, Social and Cultural Rights, negara
berkewajiban melindungi hak-hak sipil dan politik, hak-hak ekonomi, sosial dan budaya,
dengan memberlakukan tiga jenis kewajiban pada Negara, yaitu: kewajiban untuk
menghormati, melindungi dan memenuhi. Kegagalan untuk melakukan salah satu dari
tiga kewajiban tersebut merupakan pelanggaran hak yang dilakukan oleh negara. Terkait
dengan extrajudicial killings 1965, negara dapat memikul kewajiban baik sebagai akibat
dari perbuatannya sendiri (acts of commision) maupun oleh karena pembiaran (acts of
ommission).
Abstract
The infamous tragedy of extrajudicial killings in Indonesia in 1965 could be categorized as
crimes against humanity, as well as a serious violation of human rigts as set forth in
Article 7 of Law No. 26, 2000 and Article 1 Paragraph (3) of the Constitution of 1945. In the
Maastricht Guidelines on Violations of Economic, Social and Cultural Rights, the state is
obliged to protect the civil, political and economic rights, as well as social and cultural
rights. to impose state obligations (the obligation to respect, protect and fulfill). Failure to
do any of these constitutes a violation of rights by the state. In relation to extrajudicial
killings that took place in 1965, the state may assume obligations both as a result of his
own actions (acts of commission) as well as because of its omission.</p
... and power, prerogatives and procedures entrusted to the commission (González, June 2013 1962-1986(Peterson, 2005. In the case of Bolivia, investigations on enforced disappeared persons were conducted for the period of 18 years (1964)(1965)(1966)(1967)(1968)(1969)(1970)(1971)(1972)(1973)(1974)(1975)(1976)(1977)(1978)(1979)(1980)(1981)(1982) overthrew the elected President in 1964 (Hayner, 1994). Zimbabwe investigated the killings of political dissidents and other civilians in the Matabeleland region in 1983 and gathered testimonies from villagers (Hayner, 2001). ...
em>The objective of this paper is to explore the initiatives and practices of different countries in truth seeking. Many countries during the post-conflict, colonial, slavery, anarchical and cultural genocide periods establish the Truth Commissions to respond to the past human wrongdoings: crimes and crimes against humanity. Enforced Disappearances (ED), killings, rapes and inhumane tortures are wrongdoings. Truth Commission applies the method of recovering silences from the victims for structured testimonies. The paper is prepared based on the victim-centric approach. The purpose reveals the piecemeal fact-findings to heal the past, reconcile the present and protect the future. The study covers more than 50 Commissions in a chronological order: beginning from Uganda in 1974 and concluding to Nepal in February 2015. Two Commissions in Uruguay were formed to find-out enforced disappearances. Colombian and Rwandan Commissions have established permanent bodies. The Liberian TRC threatened the government to submit its findings to the ICC if the government failed to establish an international tribunal. The Commissions of Bolivia, Ecuador, Haiti, former Yugoslavia and Zimbabwe were disbanded, and consequently, their reports could not be produced. No public hearings were conducted in Argentina and former Yugoslavia. It is noted that only 8 public hearings in Ghana, 8 national hearings in East-Timor and 15 in Brazil were conducted. Moroccan Commission held public hearings after signing the bond paper for not to disclose the names of the perpetrators whereas Guatemala did not include the perpetrators’ names in the report. The Shining Path’s activists are serving sentences based on civil-anti-terrorist court, but Alberto Fujimori is convicted for 25 years. Chadian Commission worked even against illicit narcotics trafficking. The UN established its Commissions in Sierra Leon, El Salvador and East-Timor, but failed to restore normalcy in Kosovo. Haiti prosecuted 50 perpetrators whereas Guatemala prosecuted its former military dictator. The Philippines’ Commission had limited investigation jurisdiction over army, but treated the insurgents differently. In El Salvador, the State security forces were responsible for 85 percent and the non-state actors for 15 percent similar to CIEDP, Nepal. The TRCs of Argentina, East-Timor, Guatemala, Morocco, Peru and South Africa partially succeeded. Large numbers of victims have failed to register the complaints fearing of possible actions. All perpetrators were controversially granted amnesty despite the TRC recommendation in South Africa. The victims and people still blamed Mandela that he sold out black people’s struggle. Ironically, the perpetrators have received justice, but the victims are further victimized. As perpetrator-centric Government prioritizes cronyism, most of the Commissioners defend their respective institution and individuals. Besides, perpetrators influence Governments on the formation of Truth Commission for ‘forgetting the victims to forgive the perpetrators’. A commission is a Court-liked judicial and non-judicial processes body, but without binding authority except Sierra Leone. Transitional Justice body exists with a five-pillar policy: truth, justice, healing, prosecution and reparation. It has a long neglected history owing to anarchical roles of the perpetrators and weak-poor nature of the victims. Almost all TRCs worked in low budget, lack of officials, inadequate laws and regulations, insufficient infrastructures and constraints of moral supports including Liberia, Paraguay, Philippines, South Africa, Uganda and Nepal. The perpetrators controlled Governments ordered to destroy documents, evidences and testimonies in their chain of command that could have proven guilty to them.</em
... 86 That is why, according to Hayner, a TC may be able to assist lessen the chance of future abuses merely by publishing a truthful record of the violence, in the hopes that a more informed population will recognise and fight any signs of the return to repressive rule. 87 Furthermore, TCs promote peace and ensure justice by advocating institutional reforms and strengthening democracy. Relevant examples include the judicial reforms in El Salvador as per TC's recommendation and the Argentinean Commission's discovery of the military's torture culture, which led to reforms. ...
Truth Commissions were once viewed as a second-best compromise in States where trials were thought to be too destabilising. This article examines how, over time, they have proven themselves to be a principled and highly effective alternative to trial and sometimes appear to be a superior form of justice, with reference to some of the strongest Truth Commissions. This article also highlights the cases of serious crimes where prosecution is thought to be the best mechanism to provide transitional justice, in which Truth Commissions may be useful to complement trials.
... Según Priscilla Hayner, activista de derechos humanos y miembro fundador del Centro Internacional para la Justicia Transicional, las comisiones de la verdad son instituciones creadas para investigar la historia de violaciones de derechos humanos de un país, en las que pueden haber estado involucradas fuerzas militares, gubernamentales o de insurgencia armada (Hayner, 1994). Las comisiones de la verdad tienen cuatro características principales: 1) enfatizan los eventos pasados en lugar de los presentes; 2) buscan presentar un panorama completo de varias violaciones del derecho internacional humanitario o de los derechos humanos a lo largo del tiempo, en lugar de concentrarse en un solo incidente; 3) solo operan durante un breve período de tiempo, que finaliza con la entrega de un informe que resume sus hallazgos; 4) siempre ejercen algún tipo de autoridad, otorgada por sus patrocinadores, generalmente actores estatales, lo que les da acceso a más información, mayor seguridad o protección cuando investigan temas delicados, y les permite tener más influencia a partir de su informe (Hayner, 1994, p. 604). ...
... Schematically, we can identify two bodies of research. First, those that describe the public work of commissions and their concordance, or not, with the self-declared missions of these devices, without delving into the performative practices that these infrastructural devices perform (Hayner 1994(Hayner , 2001Teitel 2000Teitel , 2003. Most of these studies endorse the therapeutic objective that the political discourse of the democratizing elites ascribes to these commissions and their reports, namely, to heal the nation and thus achieve reconciliation. ...
El capítulo destaca la importancia de compartir los resultados de investigaciones académicas con las personas que contribuyeron a su elaboración, utilizando el cine como herramienta efectiva. La colaboración entre fuentes primarias y la academia es crucial para enriquecer el conocimiento. Se resalta la necesidad de evitar el extractivismo epistémico, especialmente en contextos como El Salvador. Las artes visuales facilitan la difusión de hallazgos a personas sin acceso a medios tradicionales.
We know little about the processes surrounding the formulation and implementation of truth commission recommendations (TCRs). This article introduces the Beyond Words database, which systematically identifies and tracks the formulation and implementation processes behind 960 recommendations from 13 truth commissions established across Latin America between 1983 and 2012. The database offers information on factors shaping TCR formulation, identifies important characteristics of recommendations and assesses the level of implementation for each. We describe our methodology and the resultant database and examine findings linking TCR characteristics and contextual factors to levels of implementation. Overall, the implementation record is better than those previously considered.
The Pinochet dictatorship casts a long shadow over Chile: the fiftieth anniversary of the coup that overthrew President Salvador Allende and his Popular Unity government was in 2023. In 2019, and in their initial stages evoking the earlier secondary school students’ activism, extensive protests erupted in Santiago. It was a ‘social explosion’ that ultimately led to the establishment of a constitutional convention intended to lead to a new constitution for Chile, some forty years after the neoliberal 1980 version was adopted under Pinochet. Karl Marx considered that people might be able to influence their own (his)stories, but they do so in a context they inherit. This chapter explores the historical, social and political context of the student movements analysed in this book, as established by Allende’s Popular Unity government and Pinochet's coup d'état.
Confessional forms of autobiographical writing have predominated in post-apartheid South African literary studies. This paper discusses Rian Malan’s My Traitor’s Heart, published in 1990 during drastic social and political changes in South Africa’s transition to democracy. It was one of the first and most prominent examples of this genre. Focusing on Malan’s perspective as a white Afrikaner and an “implicated subject”, this study explored how his confessional account grappled with the existential dilemma of post-apartheid Afrikaner identity. Malan simultaneously affirmed his Afrikaner identity to confront his implication in apartheid and sought to establish a legitimate place for this identity within the new multicultural society. Through a close reading of Malan’s strategic performance, this paper argues that his work offers a means of reimagining the collective self in a new community and understanding historical injustices from a multidimensional perspective. Ultimately, My Traitor’s Heart contributes to the post-apartheid project of envisioning a more inclusive psychological and topographical construction of individual and collective identity, with the implicated subject as its centre.
Dans ce discours d’acceptation prononcé à l’occasion de son agrégation à l’Académie des sciences politiques et sociales du Venezuela, à titre d’officier, l’auteur se livre d’abord à un panégyrique de l’éminent juriste qu’était Andrés Aguilar Mawdsley, décédé peu de temps auparavant; l’auteur aura la lourde responsabilité d’occuper le fauteuil laissé vacant par le disparu. La Revue reprend ce discours qui constitue en fait un résumé du Travail d’agrégation soumis par l’auteur à l’Institut.
Ce texte portait sur le rôle qu’ont joué les Nations Unies dans les processus de paix au Salvador et au Guatemala, au cours des années quatre-vingt-dix; l’auteur affirme que ce rôle fut d’une telle importance qu’il s’inscrit à titre de référence dans l’histoire de cette Organisation. Il ne faut pas croire, ajoute-t-il, que ce fut une action à caractère strictement local ou régional : elle constitue en fait un précédent, susceptible d’avoir des répercussions ailleurs dans le monde.
L’auteur rappelle en effet que malgré que leurs racines profondes aient plongé dans l’histoire des deux pays mentionnés, les guerres en Amérique Centrale ont eu une importante dimension internationale. Elles ont donné lieu à des opérations inusitées des Nations Unies, qui portaient sur des conflits armés non-internationaux; toutefois, c’est surtout le contenu des Accords de paix intervenus entre les parties — accords résumés ici succinctement par l’auteur — qui a véritablement conféré sa dimension historique à cet effort, surtout par rapport aux activités des Nations Unies et à l’évolution du droit international, à cause en particulier de la place centrale qu’y ont prise les droits de l’homme. Mentionnons, à titre d’illustrations, l’établissement d’une Mission de vérification des Nations Unies en matière de droits de l’homme au Salvador, puis de « commissions de vérité » chargées de faire la lumière sur les graves violations des droits de l’homme antérieures aux Accords de paix, et la conclusion d’accords touchant le système judiciaire, la création d’un Bureau national du Procureur des Droits de l’Homme (Ombudsman) et la mise sur pied d’une force entièrement nouvelle de Police civile à l’échelle nationale. Pour l’auteur, un nouvel outil d’édification de la paix s’est créé et se perfectionne en Amérique Centrale. Il s’agit d’une irréversible internationalisation de la promotion et de la protection des droits de l’homme, qui ne contreviendrait pas au paragraphe 7 de l’article 2 de la Charte des Nations Unies .
Indépendamment de leurs répercussions éventuelles sur l’avenir, les expériences présentées dans cet exposé constituent une extraordinaire réussite de la solidarité internationale en faveur de la cause de la paix, de la justice et du respect intégral des droits de l’homme; l’essor de la promotion et de la protection de ces droits constitue l’une des plus grandes conquêtes de l’humanité dans la seconde partie du XX e siècle.
Établissant enfin un parallèle avec la situation à l’intérieur de son propre pays, l’auteur sedemande pourquoi de tels progrès tardent tant à se réaliser au Venezuela, pays démocratiquepourtant, et qui, à ce jour, ne connaît pas la guerre civile.
p> The purpose of this legal research is to analyse the political law of Indonesia on settlement of serious human rights violations, especially with The Truth And Reconcilliation Commission. This research is a descriptive normative legal research type. Types of data consist of primary data and secondary data. Using primary data collection secondary data using literature study techniques. This research use the Qualitative data analysis techniques. A Truth and Reconciliation Commission shall be established to address impunity, break the cycle of violence, provide a forum for the parties of human rights violations to tell their story, get a clear accurate, clear and comprehensive picture of the past in order to facilitate genuine healing and reconciliation. The late progress of this commission, contributed directly or nondirectly to delayed our progress toward the bright future of this nation.
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Over the past three decades, truth commissions ( tc s) have proliferated globally as an institutional practice for addressing past human rights violations in transitional and post-conflict societies. In light of discursive institutionalism, which emphasises the significance of ideas and discourse in institutional formation, continuity, and change, this study aims to offer an alternative explanation for the international proliferation of tc s by examining the role of ideational power and the dynamics of continuity and change in their institutional construction from the mid-1980s to the early 2000s. It analyses how particular agents, such as human rights movements, political leaders, and transnational discursive coalitions, construct, disseminate, and transform the idea of tc s in a historically and socially given context. Using process tracing to shed light on the institutional development of tc s, it identifies four phases in their discursive construction: i) discursive invention; ii) transnational recognition; iii) technical fine-tuning and intellectual consensus building, and iv) incorporation into new fields.
Cezalandırıcı ve dağıtıcı adalet sistemlerinden kavramsal ve pratiksel olarak farklılaşan onarıcı adalet sistemi, bir suç karşısında adaletin tesis edilmesi için failin cezalandırılmasından öte mağdurun zararının tazmin edilmesini esas alır. Onarıcı adalet anlayışına göre suç, devlete ve kanuna karşı değil; bireye ve topluma karşı işlenmektedir. Dolayısıyla, onarıcı adalete göre, failin ve mağdurun aynı düzlemde bir araya getirilip diyalog ve anlaşma çerçevesinde uzlaştırılması esastır. Onarıcı adalet anlayışına göre, diyalog ve uzlaşma çerçevesinde sadece mağdurun zararının tazmin edilmesi yeterli değildir. Aynı zamanda failin iyileştirilerek gelecekte bu suçu bir daha işlememesine yönelik kökten bir çözüm arayışı temel alınmaktadır. 1970’li yıllardan itibaren modern hukukta yer edinmeye başlayan onarıcı adalet anlayışına başvuran en önemli mekanizmalardan biri hakikat ve uzlaşma komisyonlarıdır. Hakikat komisyonları, otoriter rejimlerden, iç savaşlardan, soykırımlardan ve ağır insan hakları ihlallerinden çıkan toplumların geçmişleriyle yüzleşmeleri ve demokratik bir geleceğe ulaşmaları için bir geçiş dönemi süreci sunmaktadır. Bu çalışma, onarıcı adalet anlayışının uygulama alanı bulduğu hakikat komisyonlarının insan hakları ihlallerinin incelenmesindeki işlevini irdelemekte ve bu komisyonların kurulmasının gerekliliğini sorgulamaktadır. Onarıcı adalet anlayışına ve hakikat komisyonlarına yöneltilen eleştirilerden ve bugüne kadar onarıcı adalet anlayışıyla kurulan hakikat komisyonları deneyimlerinden hareketle, bu çalışma cezalandırıcı adalet sistemiyle onarıcı adalet sisteminin bir arada işletilmesini önermektedir.
This thesis focuses on the memory battles initiated after the publication of the Truth and Reconciliation Commission’s Informe Final in 2003 in the aftermath of the Peruvian internal armed conflict (1980-2000). The central goal is to analyse the different forms of violence these memory processes have unveiled: political, ethnic, social, and economic, inflicted by Shining Path and the Peruvian State, especially during the Alberto Fujimori
government (1990-2000).
The Informe categorically states that the roots of the most extended and profound cycle of violence in republican Peru can be found in racism, social discrimination, and political centralism. This assessment is consistent with Aníbal Quijano’s earlier and
pioneering studies on “coloniality”, a theoretical line this thesis follows. Consequently, five central processes are analysed. First, truthmaking strategies, their detractors and how the State itself institutionally contests memory processes. Secondly, in line with the idea of truth, the focus is placed on the mechanisms by which society and the State arrive at the definition of victims and perpetrators, which opens the door to a new battle: access to justice and reparation. Thirdly, close attention is given to the centrality of racism in marginalising or denying certain identities and the legitimacy of their memories, therefore becoming
responsible for perpetuating structural forms of victimhood linked to la cuestión indígena. Fourthly, a central place is given to how Fujimorismo implemented social and political hegemony to construct a heroic narrative to cement a “Fujimorista legacy”. This is instrumental to undergirding what this thesis describes as “Fujimorista totality”: a social, political, and economic discourse built on market authoritarianism, which reproduces similar
anti-democratic practices that led to violence. Finally, the focus is on how the pre-eminence of Fujimorismo, underpinned by its own memory narrative and by the normalisation of the social form of control known in Peru as terruqueo, has been vehemently opposed by the civil society on two fronts: claims about transparency and democratisation, and the emergence of
“cultural dissidences” that question the Fujimorista memory.
In the past two decades, peace negotiators around the world have increasingly accepted that granting amnesties for human rights violations is no longer an acceptable bargaining tool or incentive, even when the signing of a peace agreement is at stake. While many states that previously saw sweeping amnesties as integral to their peace processes now avoid amnesties for human rights violations, this anti-amnesty turn has been conspicuously absent in Asia. In Negotiating Peace: Amnesties, Justice and Human Rights Renée Jeffery examines why peace negotiators in Asia have resisted global anti-impunity measures more fervently and successfully than their counterparts around the world. Drawing on a new global dataset of 146 peace agreements (1980–2015) and with in-depth analysis of four key cases - Timor-Leste, Aceh Indonesia, Nepal and the Philippines - Jeffery uncovers the legal, political, economic and cultural reasons for the persistent popularity of amnesties in Asian peace processes.
Why is feminist research carried out in international relations (IR)? What are the methodologies and methods that have been developed in order to carry out this research? Feminist Methodologies for International Relations offers students and scholars of IR, feminism, and global politics practical insight into the innovative methodologies and methods that have been developed - or adapted from other disciplinary contexts - in order to do feminist research for IR. Both timely and timeless, this volume makes a diverse range of feminist methodological reflections wholly accessible. Each of the twelve contributors discusses aspects of the relationships between ontology, epistemology, methodology, and method, and how they inform and shape their research. This important and original contribution to the field will both guide and stimulate new thinking.
Why is feminist research carried out in international relations (IR)? What are the methodologies and methods that have been developed in order to carry out this research? Feminist Methodologies for International Relations offers students and scholars of IR, feminism, and global politics practical insight into the innovative methodologies and methods that have been developed - or adapted from other disciplinary contexts - in order to do feminist research for IR. Both timely and timeless, this volume makes a diverse range of feminist methodological reflections wholly accessible. Each of the twelve contributors discusses aspects of the relationships between ontology, epistemology, methodology, and method, and how they inform and shape their research. This important and original contribution to the field will both guide and stimulate new thinking.
Why is feminist research carried out in international relations (IR)? What are the methodologies and methods that have been developed in order to carry out this research? Feminist Methodologies for International Relations offers students and scholars of IR, feminism, and global politics practical insight into the innovative methodologies and methods that have been developed - or adapted from other disciplinary contexts - in order to do feminist research for IR. Both timely and timeless, this volume makes a diverse range of feminist methodological reflections wholly accessible. Each of the twelve contributors discusses aspects of the relationships between ontology, epistemology, methodology, and method, and how they inform and shape their research. This important and original contribution to the field will both guide and stimulate new thinking.
This systematic, contextual and practice-oriented account of complementarity explores the background and historical expectations associated with complementarity, its interpretation in prosecutorial policy and judicial practice, its context (ad hoc tribunals, universal jurisdiction, R2P) and its impact in specific situations (Colombia, Congo, Uganda, Central African Republic, Sudan and Kenya). Written by leading experts from inside and outside the Court and scholars from multiple disciplines, the essays combine theoretical inquiry with policy recommendations and the first-hand experience of practitioners. It is geared towards academics, lawyers and policy-makers who deal with the impact and application of international criminal justice and its interplay with peace and security, transitional justice and international relations.
The nature of money and its impact on society has long interested scholars of economics, history, philosophy, law, and theology alike, and the recent financial crisis has moved these issues to the forefront of current public debate. In this study, authors from a range of backgrounds provide a unified examination of the nature and the purpose of money. Chapters cover the economic and social foundations of money; the historical origins of money in ancient Greece, China, the ancient Middle East, and medieval Europe; problems of justice connected to the use of money in legal systems and legal settlements, with examples both from ancient history and today; and theological aspects of monetary and market exchange. This stimulating interdisciplinary book, with its nontechnical and lively discussion, will appeal to a global readership working in the interfaces of economics, law and religion.
This systematic, contextual and practice-oriented account of complementarity explores the background and historical expectations associated with complementarity, its interpretation in prosecutorial policy and judicial practice, its context (ad hoc tribunals, universal jurisdiction, R2P) and its impact in specific situations (Colombia, Congo, Uganda, Central African Republic, Sudan and Kenya). Written by leading experts from inside and outside the Court and scholars from multiple disciplines, the essays combine theoretical inquiry with policy recommendations and the first-hand experience of practitioners. It is geared towards academics, lawyers and policy-makers who deal with the impact and application of international criminal justice and its interplay with peace and security, transitional justice and international relations.
This systematic, contextual and practice-oriented account of complementarity explores the background and historical expectations associated with complementarity, its interpretation in prosecutorial policy and judicial practice, its context (ad hoc tribunals, universal jurisdiction, R2P) and its impact in specific situations (Colombia, Congo, Uganda, Central African Republic, Sudan and Kenya). Written by leading experts from inside and outside the Court and scholars from multiple disciplines, the essays combine theoretical inquiry with policy recommendations and the first-hand experience of practitioners. It is geared towards academics, lawyers and policy-makers who deal with the impact and application of international criminal justice and its interplay with peace and security, transitional justice and international relations.
Truth and Reconciliation Commissions look to the past to envision a better future. After years (1991–2002) of brutal conflict in Sierra Leone, there existed a need to confront a war that was characterized by widespread atrocities. The nation wanted to know what precipitated the war, but also how did it engulf its most precious resource, children, and youth?. At the start of the conflict, Sierra Leone was a nation of the young, with nearly half of its population composed of children and young adults. How can their energy and aspirations help the nation chart a new way forward? These questions gave birth to this chapter and to the Truth and Reconciliation Commission Report for the Children of Sierra Leone. No truth commission in the past had ever produced such a report making it a relatively new and understudied phenomenon. Children are increasingly becoming a focus of truth commissions as societies with large youth populations seek more sustainable solutions to peace and development. This chapter describes how the child-friendly version of Sierra Leone’s Truth and Reconciliation Commission Report came about and how it gave special attention to the experiences of children and youth within the armed conflict. The second section examined how large marginalized youth populations can become key participants in the peace and reconciliation process. The third section examines how centering the needs and aspirations of young people are critical to societies with youth majorities.KeywordsSierra LeoneTruth and Reconciliation CommissionsYouth bulgeChildren
Transitional justice – the act of reckoning with a former authoritarian regime after it has ceased to exist – has direct implications for democratic processes. Mechanisms of transitional justice have the power to influence who decides to go into politics, can shape politicians' behavior while in office, and can affect how politicians delegate policy decisions. However, these mechanisms are not all alike: some, known as transparency mechanisms, uncover authoritarian collaborators who did their work in secret while others, known as purges, fire open collaborators of the old regime. After Authoritarianism analyzes this distinction in order to uncover the contrasting effects these mechanisms have on sustaining and shaping the qualities of democratic processes. Using a highly disaggregated global transitional justice dataset, the book shows that mechanisms of transitional justice are far from being the epilogue of an outgoing authoritarian regime, and instead represent the crucial first chapter in a country's democratic story.
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