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Key Text Truth Telling

Author: M Freeman and P B Hayner
Date: 2003
Size: 21 pages (267 KB)

Summary

South Africa's post-apartheid Truth and Reconciliation Commission (TRC) generated intense international interest in the use of truth commissions in democratic reconstruction. How do they work?

This chapter in a book from the International Institute for Democracy and Electoral Assistance (IDEA) concerns the processes of truth-telling and gives case studies of South Africa and Guatemala. There are various forms of truth- telling, such as historical commissions, official inquiries into human rights violations or NGO projects, but the emphasis here is on the most common form: truth commissions. Truth commissions are established by executive decree, legislation or as part of a peace agreement and have official powers to force cooperation and disclosure. The extent of these powers varies, and commissions should not be confused with court processes. They are victim-oriented, taking direct statements from hundreds or thousands of people and usually produce a final report and recommendations.

In establishing the truth publicly, commissions can promote accountability; provide a platform for victims; inform and stimulate debate; and help consolidate reconciliation.
Recommendations can cover reparations to victims (financial and/or symbolic) as well as legal or constitutional reforms, and may suggest individuals for prosecution.
There are risks that commissions may be biased or made deliberately weak to create the appearance of contrition without facing any real consequences, but to date these risks have generally not materialised; more often the problem is that they raise unrealistic expectations.
Constraints include weak institutions, lack of political commitment, a fragile peace, or when many people identify with perpetrators rather than victims.
Enabling factors include public support; identification with victims; independent media and civil society; and persistent international attention.
'Naming names' is a thorny issue: commissions are not courts, and naming names may violate the presumption of innocence. Failure to do this clearly weakens the idea of a 'whole truth'.

The chapter provides practical comments on how effective truth commissions should be established and run.

Clarity of purpose is essential: a clear mandate in terms of the time period, type of abuse, what powers are given to force cooperation, what the final report will contain, when and how it will be published, and whether its recommendations are binding; they are often not acted on.
Public consultation over the appointment of commissioners is advised, for instance South Africa's TRC invited public nominations and interviewed the shortlist in open session.
Indeed, consultation over all aspects is recommended - success will rely heavily on civil society groups and the public in general, and broad ownership encourages cooperation; outreach is crucial both to uncovering information and then disseminating findings.
Commissions should not last longer than a year or two, but their first order of business must be to establish a solid organisational base: recruit staff, design databases and research plans.
Public hearings engage the public over a longer term than the traditional final report, contributing to reconciliation as process rather than elusive goal.
Most commissions to date (there have been 25 since 1974) have cost one to five million dollars, though the average budget now is five to ten million - terms of reference and methods are increasingly sophisticated, and there is greater international interest in them.

Access full text: available online

Source: Freeman, M. & Hayner, P.B. 2003, 'Truth-Telling', in Bloomfield, D., Barnes, T. and Huyse, L. (eds.) 2003, ‘Reconciliation After Violent Conflict: A Handbook', International Institute for Democracy and Electoral Assistance.
Author: Priscilla Hayner , phayner@ictj.org
International Center for Transitional Justice (ICTJ), http://www.ictj.org
Organisation: International Institute for Democracy and Electoral Assistance, http://www.idea.int/