Using an inductive methodology based on one key component of transitional justice--namely, truth commissions--African Truth Commissions and Transitional Justice attempts to place them within the context of other elements such as trials of human rights abusers, the strengths and weaknesses of amnesty, and the importance of memorialization.

The most contentious aspect of South Africa's Truth and Reconciliation Commission (TRC) concerned its amnesty‐granting powers. In return for perpetrators providing full disclosure about their crimes, the TRC was authorized to release them from both criminal responsibility and civil liability. This essay takes up the thorny question of how such a commission might be morally justified. Part 1 discusses the political circumstances that led to the creation of the TRC. Part 2 provides a critical survey of some previous attempts (...) to justify the commission's work. Part 3 offers a new justification, grounded in Adam Smith's notion of sympathy; after outlining some of the benefits of sympathy for political reconciliation, I argue that the work of a South African–style truth commission can promote sympathy between former enemies. (shrink)

The diffusion of similar organizational practices across the world has been a prominent research topic for quite some time. In the literature on sociological new institutionalism, two basic research perspectives have developed to address the diffusion and subsequent institutionalization of cultural models and formally organized practices. The first argues that diffusion happens as a top-down adoption process. The second describes diffusion and institutionalization as bottom-up emergence. My stance bridges both perspectives. In this article, I argue that for us to understand (...) diffusion processes, emergence and adoption need to be integrated within a coherent theoretical framework, as both of these processes are inseparably interlinked. The global diffusion of truth commissions is employed as a case study to develop this framework. Starting with the empirical observation of the global diffusion of truth commissions, I dissect the case study by asking: How did truth commissions emerge and become adopted as a globally recognized solution to the problem of dealing with human rights violations after political transitions? To answer this question, I introduce three theoretical building blocks—reciprocal typification, narrative embedding, and fictional consensus. Taken together, these concepts constitute the process of collective learning, which I present here as a new approach to diffusion. (shrink)

This article argues that two new definitions are needed for what constitutes a truth commission. The first new definition that is needed is a different backward-looking definition that is used reflectively to contrast, compare and research past and present truth commissions. It is argued that the variety of definitions that exist about what constitutes a Truth Commission have a number of problems, and that a better definition is needed to categorise past mechanisms, make comparisons and improve (...) comparative research. The second goal of the article is to investigate why it is necessary to create a non-prescriptive explanatory forward-looking definition focusing on the compositional elements of a TC. This is because definitions are also useful to assist those who wish to establish TC on what the compositional elements need to be, to ensure that these institutions are less likely to fail in their endeavours. This is important, as TCs have been extensively criticised for not achieving the goals that they are meant to. To determine why a new backward-looking definition is needed, which is broader and more inclusive than existing definitions, some of the current TC definitions are deconstructed. The various elements are re-examined and reconstituted to ensure a more holistic and relevant definition for what a TC is. As far as a forward-looking definition is concerned, the article examines what the compositional elements ought to be to make them more likely to be contextually applicable, to have more of a positive effect and have more of a constructive role in the places where they are created. Issues focused on that need greater delineation include the idea that TCs—besides focusing on the past—also, in some cases, investigate on-going human rights abuse. It is contended that TCs must be created with the support of the people in the country and be reflective of their needs. It is maintained that a TC should be a temporary body and that independence, legitimacy and sufficient resources are crucial factors in determining whether a TC will be successful. Also, considered is why having an independent process to choose commissioners, who are diverse and representative of that society is critical to the outcome of the process. (shrink)

This article explores the relationship between truth commissions and gendered citizenship through a case study of Timor-Leste. It examines how, 10 years after the Commission for Reception, Truth and Reconciliation has completed its work, women’s citizenship remains constrained by, and negotiated within, deeply gendered narratives of nation-building that are informed by historical experiences of the resistance struggle. The power of these narratives—which foreground heroism rather than victimisation—underscores the need to situate truth commissions as part of (...) an ongoing politics of memory. Despite the power of political elites to shape this politics, the continued marginalisation of sections of society within official narratives is also providing an impetus for alternative truth-telling efforts that seek to broaden public perspectives on the past. By promoting new narratives of women’s experiences of the conflict, these projects might be understood as attempts to negotiate and transform gendered conceptions of citizenship in the present and for the future. (shrink)

The most contentious aspect of South Africa's Truth and Reconciliation Commission (TRC) concerned its amnesty‐granting powers. In return for perpetrators providing full disclosure about their crimes, the TRC was authorized to release them from both criminal responsibility and civil liability. This essay takes up the thorny question of how such a commission might be morally justified. Part 1 discusses the political circumstances that led to the creation of the TRC. Part 2 provides a critical survey of some previous attempts (...) to justify the commission's work. Part 3 offers a new justification, grounded in Adam Smith's notion of sympathy; after outlining some of the benefits of sympathy for political reconciliation, I argue that the work of a South African–style truth commission can promote sympathy between former enemies. (shrink)

Official apologies and truth commissions are increasingly utilized as mechanisms to address human rights abuses. Both are intended to transform inter-group relations by marking an end point to a history of wrongdoing and providing the means for political and social relations to move beyond that history. However, state-dominated reconciliation mechanisms are inherently problematic for indigenous communities. In this paper, we examine the use of apologies, and truth and reconciliation commissions in four countries with significant indigenous populations: (...) Canada, Australia, Peru, and Guatemala. In each case, the reconciliation mechanism differentiated the goal of reconciliation from an indigenous self-determination agenda. The resulting state-centered strategies ultimately failed to hold states fully accountable for past wrongs and, because of this, failed to transform inter-group relations. (shrink)

While the study of transitional justice, and especially truth commissions, has gained in popularity over the past two decades, the literature is overwhelmingly focused on activities in democratizing states. This introduces a selection bias that interferes with proper analysis of causes and consequences of transitional justice on a global scale. In this paper, I discuss conditions under which new repressive elites, and even old repressive elites who survive to rule and repress in nominally new systems, may choose to (...) launch broad investigations of the past. I argue that such a decision is based on two primary considerations, the presence of internally or externally based incentives (e.g., foreign aid) and the level of political control enjoyed by old elites in the new system. I apply this argument to post-Soviet Central Asia, including a detailed case study of Uzbekistan’s 1999 truth commission based on domestic media analysis and local elite interviews. (shrink)

With its express intention ‘to put an end to impunity’, the International Criminal Court (ICC) faces a substantial challenge in the shape of conditional amnesties granted in future national truth commissions (TCs)—a challenge that invokes fundamental considerations of criminal justice ethics. In this article, I give an account of the challenge, and I consider a possible solution to it presented by Declan Roche. According to this solution the ICC-prosecutor should respect national amnesties and prosecute and punish only those (...) perpetrators who have refused to cooperate with the TC. I argue, however, that this compromise is untenable. As a general rule, if we justify the ICC on grounds of deterrence we should not accept conditional amnesties granted in national TCs. (shrink)

Truth commissions are increasingly common after conflict and authoritarian rule, yet we know little about the different ways they are being used. Despite recent efforts to bridge conceptual gaps and resolve disagreement over the universe of cases, TCs are notoriously undertheorised and proponents have yet to answer why their record is so inconsistent. Through developing a typological approach to TCs, the article lays the groundwork for exploring the forms they need to take to have an impact. It argues (...) for a more nuanced understanding of the term that captures both the breadth of current practice and recasts conceptual debates on the spectrum of design options that are available to policymakers but are often overlooked. The findings are important as they offer a first set of impressions on emerging spatial and temporal patterns and trends that are developing due to the purported transnational diffusion and social learning of ideas about TCs. (shrink)

This paper explores the theme of torture in the Colombian Truth Commission’s Final Report, focusing on its characterization of torture as a way of annulling a person’s identity. Drawing on Jean Améry’s approach, I argue that torture destroys the victim’s world and explore the further implications of this assertion. I begin by highlighting how the history of torture distorts legal and medical practices, masquerading as a quest for truth while exercising a farce of power, disintegrating the victim’s lived (...) body. By delving into Merleau-Ponty’s notion of “flesh,” I also explain how torture erodes the carnal trust that connects us to the world and enables proper communication. Consequently, torture results in an utter negation of the self and the world. In conclusion, I suggest that torture as understood as the destitution of a person’s world, can serve as a paradigm for comprehending the experiences of violence faced by victims in Colombia. (shrink)

"This book discusses the vast and complex range of choices in between blanket amnesty and total accountability through criminal justice, and does so with ...

In an era when truth commissions are at the fulcrum of "transitional justice," soliciting the testimony of victims and commanding that of perpetrators in forums other than criminal trials may achieve a dimension of justice lost in traditional juridical proceedings.

I critically evaluate South Africa’s Truth and Reconciliation Commission (TRC) in light of a philosophical interpretation of the southern African ethic of ubuntu. Roughly, according to this moral philosophy, an act or policy is right insofar as it honours communal relationships, ones of identifying with others and exhibiting solidarity with them. After spelling out this ethical principle and the specific kind of national reconciliation it prescribes, I show that there is a powerful justification for the TRC’s broad contours as (...) a tool to help foster national reconciliation in the mid 1990s. However, I also discuss respects in which the TRC was wanting in light of the sort of reconciliation demanded by respect for people’s capacity to commune. Specifically, I point out respects in which a communal reconciliation probably could have been fostered to a greater degree, had the TRC been different in certain ways, and also note how even an altered TRC would not have been enough on its own to realize it fully; a wide array of other agents could and should have been much more active. I close by indicating some of what needs to be done in order to foster an ubuntu-oriented reconciliation that is still missing, but sorely needed, in 2016. A refurbished TRC promises to help mitigate the crisis of racial divide that currently confronts South Africa. (shrink)

Truth commissions have emerged as popular devices for countries which are trying to move from a past of mass human rights violations to a stable and democratic future. South Africa's Truth and Reconciliation Commission (TRC) was by no means the first official commission to inquire into and report on a fraught past, yet it has attracted more interest, including philosophical interest, than any of its predecessors.

Truth commissions have emerged as popular devices for countries which are trying to move from a past of mass human rights violations to a stable and democratic future. South Africa's Truth and Reconciliation Commission (TRC) was by no means the first official commission to inquire into and report on a fraught past, yet it has attracted more interest, including philosophical interest, than any of its predecessors.

Although the use of truth and reconciliation commissions (TRCs) has grown considerably over the last 3 decades, there is still much that we do not know concerning the choice and the structuring of TRCs. While the literature has focused primarily on the effects of TRCs, we examine the domestic and the international factors influencing the choice of a commission in sub-Saharan Africa from 1974 to 2003 using pooled cross-sectional time series. We find that states which adopted a TRC (...) prior to South Africa were generally repressive centralized regimes which used the truth commission as political cover. However, since South Africa’s TRC, democratizing states have been more likely to adopt a truth commission as a form of transitional justice. (shrink)

ABSTRACTDebate about the TRC has become necessary in South Africa today, 20 years since the final Report was handed over to government on 29 October 1998. Assessment of its efficacy and longer-term value is being undertaken, unfortunately, within an environment of intense disillusionment about the promise of constitutional democracy. This paper sets out the environment in which the TRC was established in 1996, its legal and constitutional frameworks, its achievements for creating a climate of reconciliation, for granting amnesty to perpetrators (...) of human rights violations, and for setting a reparations framework. South Africans are conscious of grinding poverty and inequality, pervasive racism, and unfulfilled aspirations of the democratic settlement of 1994. What value, then was the TRC? This paper attempts a fair assessment, seeks to be honest about its grandiose claims, and undertakes a philosophical, political and ethical analysis of its achievements. Drawing on many studies on the TRC it seeks to chart a more rational course than some, noting that circumstances in Africa are such that the TRC is being revisited, The Gambia, for example, being the latest country that has introduced the TRC. Others may follow suit: Zimbabwe, the Democratic Republic of Congo, Burundi, to name a few. (shrink)

In Liberia, much debate has surrounded the truth and reconciliation commission both in the challenges that it faced during its operational stage as well as in the issues surrounding the release and content of its report. This article will critically examine the establishment, proceedings, and findings of the Liberian Truth and Reconciliation Commission in order to draw conclusions regarding what lessons can be learned, what could have been done to make the commission more effective, and how we can (...) learn from this example in applying transitional justice mechanisms for future African conflicts. (shrink)

This paper takes as its starting point a decision to accept a particular commission for a piece of educational research which is subject to contractual restrictions. In the light of recent debate on the contentious politics and ethics of contractual research, it then addresses the problem of what might constitute an ethical defence, or critique, of such research and such contracts.

This article offers an account of settler witnessing of residential school survivor testimony that avoids the politics of recognition and the pitfalls of colonial empathy. It knits together the concepts of bearing witness, Indigenous storytelling, and affective reckoning. Following the work of Kelly Oliver, it argues that witnessing involves a reaching beyond ourselves and responsiveness to the agency and self-determination of the other. Given the cultural genocide of residential schools, responsiveness to the other require openness to and nurturing of Indigenous (...) ways of knowing and being. In order to illustrate the complexities and challenges of settler witnessing, the author reflects on her experiences in attending six of the TRC’s national events and, in particular, what she has learned from Frederick “Fredda” Paul, Passamaquoddy Elder, healer, storyteller, and residential school survivor. The article analyzes aesthetics and emotions in the staging of TRC events and making meaning over time and the temporality of transitional justice. (shrink)

This paper takes as its starting point a decision to accept a particular commission for a piece of educational research which is subject to contractual restrictions. In the light of recent debate on the contentious politics and ethics of contractual research, it then addresses the problem of what might constitute an ethical defence, or critique, of such research and such contracts.

This essay presents an overview of the TRC— its establishment, procedures, and operating principles — and examines the way in which the commission emphasizes forgiveness rather than retribution for past wrongs.

Truth and Reconciliation Commissions (TRCs) have become a widely used tool to reconcile societies in the aftermath of widespread injustice or social and political conflict in a state. This article focuses on TRCs that take place in non-transitional societies in which the political and social structures, institutions, and power relations have largely remained in place since the time of injustice. Furthermore, it will focus on one particular injustice that TRCs try to address through the practice of truth-telling, (...) namely the eradication of epistemic injustice. The article takes the Canadian and Norwegian TRCs as two examples to show that under conditions of enduring injustice, willful ignorance of the majority, and power inequality, TRCs might create a double bind for victims which makes them choose between epistemic exploitation and continued injustices based on the majority's ignorance. The article argues that the set-up and accompanying measures of TRCs are of the utmost importance if TRCs in non-transitional societies are to overcome epistemic injustice, instead of creating new relations of exploitation. (shrink)

The Canadian Truth and Reconciliation Commission has been mandated to collect testimonies from survivors of the Indian Residential Schools system. The TRC demands survivors of the residential school system to share their personal narratives under the assumption that the sharing of narratives will inform the Canadian public of the residential school legacy and will motivate a transformation of settler identity. I contend, however, that the TRC provides a concrete example of how a politics of recognition fails to transform relationships (...) between Native and settler Canadians not only because it enacts an internalization of colonial recognition, but because it fails to account for what I call “settler ignorance.” Work in epistemologies of ignorance and epistemic oppression gives language to explain sustained denial and provide tools to further understand how settler denial is sustained, and how it can be made visible, and so challenged. For this task, Mills’s articulation of white ignorance should be expanded to a consideration of white settler ignorance. Over and above an account of white ignorance, such an account will have to consider the underlying logics of settler colonialism. This characterization of settler ignorance will show that the denial of past and ongoing violence against Indigenous peoples, through the reconstruction of the past to assert the primacy of settlers, is not explainable in terms of a lack of recognition but is rather structural ignorance. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Diacritics 32.3-4 (2002) 33-59 [Access article in PDF] Amnesty or Impunity? A Preliminary Critique of the Report of the Truth and Reconciliation Commission of South Africa (TRC) Mahmood Mamdani The Truth and Reconciliation Commission of South Africa was the fruit of a political compromise whose terms both made possible the Commission and set the limits within which it would work. These limits, in turn, defined the space (...) available to the Commission to interpret its terms of reference and define its agenda. This paper takes the compromise legislation that set up the TRC as a historical given and focuses attention on the TRC's interpretation of its terms of reference.The TRC claimed to be different from its predecessors, whether in Latin America or Eastern Europe. It would practice neither impunity nor vengeance. It was therefore determined to avoid two pitfalls: on the one hand, reconciliation becoming an unprincipled embrace of political evil and, on the other hand, a pursuit of justice so relentless as to turn into revenge. To do so, the Commission was determined to address both "victims" and "perpetrators," not just one or the other.This double determination was first written into the interim constitution that paved the way for the legislation that set up the TRC. First, there would be no blanket amnesty. Amnesty would be conditional. It would not be a group amnesty. Every perpetrator would have to be identified individually, and would have to own up to his or her guilt—the truth—before receiving amnesty from legal prosecution. Second, any victim who is so acknowledged would give up the right to prosecute perpetrators in courts of law. Justice for the victim would thus not be criminal but restorative: acknowledgment would be followed by reparations. In sum, individual amnesty for the perpetrator, truth for the society, and acknowledgement and reparations for the victim—this was the pact built into the legislation that set up the TRC.Since the Act did not clearly define "victim," however, the definition of "perpetrator" was unclear as well. The task of defining "victim" and "perpetrator" was left to the Commission and was the single most important decision that determined the scope and depth of the Commission's work. Without a comprehensive acknowledgment of victims of apartheid, there would be only a limited identification of perpetrators and only a partial understanding of the legal regime that made possible the "crime against humanity." From this perspective, the paper identifies three key limitations in the Commission's Report.First, the TRC individualized the victims of apartheid. Though it acknowledged apartheid as a "crime against humanity" which targeted entire communities for ethnic and racial policing and cleansing, the Commission majority was reluctant to go beyond the formal acknowledgment. The Commission's analysis reduced apartheid from a relationship between the state and entire communities to one between the state and [End Page 33] individuals. Where entire communities were victims of gross violations of rights, the Commission acknowledged only individual victims. If the "crime against humanity" involved a targeting of entire communities for racial and ethnic cleansing and policing, individualizing the victim obliterated this particular—many would argue central—characteristic of apartheid. Limiting the definition of harm and remedy to individuals center-staged political activists as victims of apartheid, as indeed happened with the victim hearings. The consequence was to narrow the TRC perspective to a political reconciliation between state agents and political activists, individual members of a fractured political elite, rather than the "national unity and reconciliation" mandated by the legislation that set it up. To pursue its actual mandate, the TRC needed to broaden its perspective: to work for a social reconciliation between perpetrators and victims required that the relationship between the state and the entire South African people be addressed.Second, by focusing on individuals and obscuring the victimization of communities, the TRC was unable to highlight the bifurcated nature of apartheid as a form of power that governed natives differently from non-natives. If the apartheid state spoke the language of rights to... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Diacritics 32.3-4 (2002) 33-59 [Access article in PDF] Amnesty or Impunity? A Preliminary Critique of the Report of the Truth and Reconciliation Commission of South Africa (TRC) Mahmood Mamdani The Truth and Reconciliation Commission of South Africa was the fruit of a political compromise whose terms both made possible the Commission and set the limits within which it would work. These limits, in turn, defined the space (...) available to the Commission to interpret its terms of reference and define its agenda. This paper takes the compromise legislation that set up the TRC as a historical given and focuses attention on the TRC's interpretation of its terms of reference.The TRC claimed to be different from its predecessors, whether in Latin America or Eastern Europe. It would practice neither impunity nor vengeance. It was therefore determined to avoid two pitfalls: on the one hand, reconciliation becoming an unprincipled embrace of political evil and, on the other hand, a pursuit of justice so relentless as to turn into revenge. To do so, the Commission was determined to address both "victims" and "perpetrators," not just one or the other.This double determination was first written into the interim constitution that paved the way for the legislation that set up the TRC. First, there would be no blanket amnesty. Amnesty would be conditional. It would not be a group amnesty. Every perpetrator would have to be identified individually, and would have to own up to his or her guilt—the truth—before receiving amnesty from legal prosecution. Second, any victim who is so acknowledged would give up the right to prosecute perpetrators in courts of law. Justice for the victim would thus not be criminal but restorative: acknowledgment would be followed by reparations. In sum, individual amnesty for the perpetrator, truth for the society, and acknowledgement and reparations for the victim—this was the pact built into the legislation that set up the TRC.Since the Act did not clearly define "victim," however, the definition of "perpetrator" was unclear as well. The task of defining "victim" and "perpetrator" was left to the Commission and was the single most important decision that determined the scope and depth of the Commission's work. Without a comprehensive acknowledgment of victims of apartheid, there would be only a limited identification of perpetrators and only a partial understanding of the legal regime that made possible the "crime against humanity." From this perspective, the paper identifies three key limitations in the Commission's Report.First, the TRC individualized the victims of apartheid. Though it acknowledged apartheid as a "crime against humanity" which targeted entire communities for ethnic and racial policing and cleansing, the Commission majority was reluctant to go beyond the formal acknowledgment. The Commission's analysis reduced apartheid from a relationship between the state and entire communities to one between the state and [End Page 33] individuals. Where entire communities were victims of gross violations of rights, the Commission acknowledged only individual victims. If the "crime against humanity" involved a targeting of entire communities for racial and ethnic cleansing and policing, individualizing the victim obliterated this particular—many would argue central—characteristic of apartheid. Limiting the definition of harm and remedy to individuals center-staged political activists as victims of apartheid, as indeed happened with the victim hearings. The consequence was to narrow the TRC perspective to a political reconciliation between state agents and political activists, individual members of a fractured political elite, rather than the "national unity and reconciliation" mandated by the legislation that set it up. To pursue its actual mandate, the TRC needed to broaden its perspective: to work for a social reconciliation between perpetrators and victims required that the relationship between the state and the entire South African people be addressed.Second, by focusing on individuals and obscuring the victimization of communities, the TRC was unable to highlight the bifurcated nature of apartheid as a form of power that governed natives differently from non-natives. If the apartheid state spoke the language of rights to... (shrink)

Through examination of a case study of Liberian refugee participation in the Truth and Reconciliation Commission of Liberia, this article highlights concerns about the lack of opportunity for refugee participation in peacebuilding generally. The experience of the authors working with refugees in the Buduburam Settlement near Accra, Ghana, demonstrates the overwhelming desire of refugees to participate in the processes that directly impact their lives, as well as the future of their home and host countries. The article concludes with the (...) suggestion that the Liberian Truth and Reconciliation Commission’s work with refugees can serve as a model of how refugee participation can be enhanced in similar processes in the future. (shrink)

Drawing on the final report of the Greensboro Truth and Reconciliation Commission and on theology, this essay builds on Miroslav Volf's social Trinitarian account of reconciliation as embrace. Specifically, this essay argues for the necessity of various forms of justice in social and political reconciliation and against the priority of forgiveness in reconciliation argued for by Volf. The heart of this argument is a theological anthropology that claims that to be created in the image of a perichoretic God who (...) is Trinity is necessarily to be interdependent beings. This interdependence is manifest in the interpersonal, social, and political relations that constitute and are constituted by individual humans and the institutions in which they live. Therefore, the creation and maintenance of just institutions is necessary for the formation of persons capable of practicing reconciliation, and for reconciled persons to live within. (shrink)