In this article, I critically examine the role of testimony in the work of truth commissions and its implications for understanding human rights violations and testimony drawing on Jacques Derrida’s deconstruction of testimony. Two key implications emerge from this analysis. First, by applying a tort model, human rights violations are depoliticized through their individualization. This approach turns testimonies into evidence, limiting their critical potential. Depoliticization involves overlooking the political context of violence, which results in a failure to consider power (...) dynamics, potentially reinforcing the same power structures that contributed to the atrocities in the first place. Second, the rationale behind truth commissions, often framed as "giving a voice to the voiceless", tends to prioritize the act of speaking over the moral obligation to listen to testimonies and reflect on one's moral and political responsibilities. Finally, I argue that addressing past human rights violations and their root causes should be guided by an idea of responsibility, particularly the responsibility for justice. The way truth commissions utilize testimony may hinder the fulfillment of this responsibility. (shrink)

The article studies the Norwegian, Finnish and Swedish truth commissions dealing withstate-Sámi (an indigenous population living in northern Scandinavia, Finland and north-western Russia) relations through the concept of transnational historical justice. The fact that three separate commissions are studying the history of the Sámi has been criticized by earlier researchers, but never from the perspective of intergenerational, and more specifically historical justice. Our study of the mandate documents and the report of the Norwegian commission (the only one published (...) in the time of writing of this article) points to constructive ways forward that could acknowledge and better embrace the transnational character of Sámi history, especially in terms of historical justice. We also study in what way the Norwegian commission worked within and stretched the framework set by the mandate document. Our conclusion is that the lack of transna-tionalism in the mandate and work of the commissions leads to historical Sámi individuals and groups being forgotten. These are historical groups and individuals whose existence does not fit in neatly in the presentist perspective of the commissions, projecting the current nation state borders back in time. For this reason, historical justice toward these groups is also a forgotten issue in the mandate and work of the commissions. (shrink)

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)

Many post-conflict and post-transition countries use truth commissions to address the legacy of the past. However, truth commissions are products of the political context and often reflect the power balance at the time of creation. More than half of truth commissions show some form of one-sided treatment. To what extent does this matter? Has the public priced in the political circumstances or does a one-sided truth commission damage expectations of peace? Using an experiment to deal (...) with the endogeneity between the truth commission and context, I examine this question in an original survey in Northern Ireland. The findings show that one-sided processes significantly reduce support for the institution and the perceived prospects of reconciliation, with some support for a normative heuristic of fairness, while mechanisms of ethnic identity and victimization do not explain the differences. The research demonstrates the significance of implementing transitional justice in a just and equitable way. (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)

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)

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)

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)

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 chapter describes and analyzes some trends in the design of truth commission mandates beyond their original fact-finding function. It establishes links between the expansion of truth commission mandates and two particular challenges truth commissions have encountered, namely the poor record of implementation of their recommendations and challenges relating to the selection of commissioners. It also discusses the relationship between the temporal scope of the truth commission and its mandate, including a list of (...) the number of years many commissions were given or took to attempt to carry out their mandate. The chapter argues for more stringent functional analysis in the design of truth commission mandates. (shrink)

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.

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

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)

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)

Debate 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)

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.

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)

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 (1) aesthetics and emotions in the staging of TRC events and (2) making meaning over time and the temporality of transitional justice. (shrink)

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.

This article provides a philosophical response to the need for truth-telling about colonial history, focussing on the Australian context. The response consists in inviting philosophers and the public to engage in social-justice practices specified by a model called Distributed Truth-Telling (DTT), which integrates the historiography of injustices affecting Indigenous peoples with insights from social philosophy and cultural evolution theory. By contrast to official and large-scale truth commissions, distributed truth-telling is a set of non-elitist practices that weave (...) three components: first, multisite, multiformat, and multiscale inquiries into injustices; second, remedial imaginings and reasoning about moral repair and reconciliated futures; and finally, emotions suitable for motivating agents to cooperatively plan and implement moral revolutions. Distributed truth-telling can entrench virtuous feedback loops that contribute to moral revolutions. However, vicious feedback loops associated with collective denial and biases can impair distributed truth- telling and thwart moral revolutions. (shrink)

It has come to be widely accepted that jus post bellum includes responsibilities to rebuild. Consequently, duties to establish a sustainable peace are increasingly defined in terms of duties to protect and promote international human rights, including duties to effectively investigate human rights violations, to ensure access to effective remedy, and to transform institutional and legal contexts that have facilitated or sustained human abuse. But what are investigations by transitional bodies seeking when they take on these tasks? Often, investigators present (...) themselves as seeking the truth and claim value for their findings based on having produced a better description or explanation than was antecedently available. But is truth worth pursuing for its own sake in transitions from conflict or must it contribute to some other goal to be valuable? In what follows I argue that the value of truth in transitions from conflict lies in the role of truth in ascribing knowledge. The connection between truth and knowledge makes it important to preserve distinctively epistemological grounds for accepting and rejecting claims and narratives. These distinctively epistemological grounds explain how, if it is conceived of as adequate responsiveness to experience, truth is a legitimate and important goal in transitions from violence that is worth pursuing for its own sake. In particular, I argue that there is value in insisting that adequate responsiveness to experience serve as an arbiter in the reception of claims and narratives because when responsiveness to experience plays an arbitral role it becomes possible for bodies such as truth commissions to serve as vehicles by which groups may attain or ascribe knowledge. (shrink)

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)

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)

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)

This paper explores the relationship between narrative and argument in the context of ‘telling our stories’, a common aspect of processes of political reconciliation. Truth commissions and informal workshops often emphasize the telling of stories as a means of providing a sense of the experiences of persons affected by political conflict. Such stories, or narratives, may provide a powerful tool in reconciliation processes, given that they provide a basis for acknowledgement, understanding and empathy. However the power of narrative in (...) such contexts does not eliminate the need for the exploration and evaluation of arguments for contested claims, and there is likely to be a tension between empathetic and critical elements in this regard. (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)