Truth and Reconciliation Commissions, Research Paper Example

“Truth Commissions” are effective means of healing conflicts within countries.

For countries emerging out of conflict or countries that are transitioning into a democracy, the most significant issue these countries face is how to encourage different conflicting groups to coexist peacefully after years of conflict. The most advocated means of ensuring that these groups co exist peacefully is the use of truth commissions. Truth commissions are bodies that are established to investigate past violations of human rights in a particular country. These violations include violations by the government, the military, and other armed opposition forces. Truth commissions have four main characteristics and these include the focus on the past, investigation of a pattern of violations over a specific period of time, are temporary commissions and are officially authorized, empowered and sanctioned by the state. The focus of most post conflict states is to bring former enemies together in order to have a peaceful society. Trials may not put conflicts to an end or in some cases the judicial system is unable to handle issues related to past violations. This together with the pressure for accountability from the international community makes it necessary to establish truth commissions. Truth commissions have increasingly become more common and received widespread recognition as an alternative for criminal prosecution. Moreover, the use of truth commissions has been shown to be effective in healing conflicts in various countries. As such, this paper provides support for the argument that truth commissions are effective means of healing conflicts within countries(Hayner 89).

In analyzing the effectiveness of truth commissions, it is important to examine the goals of these bodies. Truth commissions, as the name suggests, are used mainly to establish and officially acknowledge the truth on past violations. This is achieved through the process of conducting an official inquiry into past conflicts and establishing a record of these abuses. The truth finding process of the commission is necessary in order to form a practical record of the country’s history. It becomes necessary to clarify past events and shun denial and silence that result from painful periods in the past. In Argentina, truth commission officials visited camps and collected statements of other victims from all over the world in its embassies. Truth is the central goal of these commissions and this can be used in a number of ways which include creation of records that can be used for criminal or judicial proceedings, adopting recommendations made by the commission to aid institutional reform, and also provide a basis to enable financial compensation of victims through reparation. It is worth noting that, in contrast to courts, truth commissions do not have the power to punish nor do they have a the same standard of proof as courts. This implies that individual justice may be served in few instances, but the process of finding the truth will benefit a greater proportion of the population. In post conflict states the courts may not be functioning properly and may be unable to administer justice but reports from truth commissions may be used in trials and to issue warrants(Phelps 67).

Apart from finding the truth, these commissions are also effective tools for transitional justice. Transitional justice as defined by the United Nations is a set of mechanisms and processes that are linked to a societies attempt to embrace past violations in order to facilitate accountability, serve justice and foster reconciliation. Transitional justice includes judicial and non judicial processes that focus on the right to truth, institutional reform, consultations and reparations. Because violations of human rights do not only affect the victims but society at large, efforts should be made to ensure that such violations do not recur. Transitional justice as facilitated by truth commissions ensure that institutions that were involved or incapable of preventing past human rights violations are reformed. If past human rights violations are not addressed, they are likely to lead to mistrust among different groups, in state institutions and may also hinder the attainment of security and peace. This in turn may result in a cyclical recurrence of human rights violations. Truth commissions in this regard provide opportunities to attain justice for past violations by means of political transition. Most truth commissions are formed in the midst of conflicts or in the process of building peace. One country where truth commissions have become an effective tool for transitional justice is Sri Lanka. Investigations were conducted on the misdeeds by the government and the military during the conflict against the Tamil tigers. These investigations conducted by truth commissions facilitated the transition of the society after the conflict(Rotberg, and Dennis 96).

A truth commission is also effective in healing wounds of past violations and preventing future conflicts. Truth commissions trough its process facilitates resolution of societies conflicts. Healing in this case is attained though community building and consolidation of political transitions. Reconciliation is a result of healing and involves increased dialogue between former warring factions, lack of bitterness and a unified understanding of past events. Reconciliation after a past of human rights violations result in a smoother transition to a peaceful society while at the same time improving respect for the rule of law within that society. Unlike trials which focus on perpetrators, truth commissions focus on the victims and are also non adversarial which creates a comfortable environment for the victims. This environment offers an opportunity for the victims to tell their stories and receive an official acknowledgement for their suffering. Truth commissions also create a common public platform where society can restructure the political community. Additionally truth commissions facilitate moral reconsideration by dealing with difficult issues raised in the past violations. An example of a country where truth commissions facilitated such process is South Africa. Truth commissions were effective in addressing violations that resulted during the apartheid regime and facilitated the transition of the South African community post apartheid(Drange 125).

In conclusion, it is imperative to note that truth commissions are effective means of healing conflicts within countries. These commissions facilitate the establishment of the truth regarding human rights violations, act as tools for transitional justice and aid the community in healing and reconciliation.

Works cited

Drange, Ragnhild. “Human rights, reconciliation and democratic consolidation: a case study of the South African Truth and Reconciliation Commission.” (2002).

Hayner, Priscilla B. Unspeakable truths: transitional justice and the challenge of truth commissions. Routledge, 2010.

Phelps, Teresa Godwin. Shattered voices: Language, violence, and the work of truth commissions. University of Pennsylvania Press, 2004.

Rotberg, Robert I., and Dennis Thompson, eds. Truth v. Justice: The Morality of Truth Commissions: The Morality of Truth Commissions. Princeton University Press, 2010.