(4) TRUTH TELLING AND TRUTH COMMISSIONS

Question 1

3 aspect to truth for TJ

Answer 1

1) Truth commissions
2) commission of enquiry
3) historical commission

Question 2

Right to truth derives from

Answer 2

a right to a remedy

Question 3

Where is the right to truth found?

Answer 3

Art 2(3) ICCPR –> right to an effective remedy –> STates must carry out prompt thorough impartial investigation to ascertain the factual circumstances of the violation and those responsible

Question 4

Primary function of a truth commission:

Answer 4

make recommendations for redressing HR violations committed during periods of conflict and to prevent the repetition of these violations in the future

Question 5

Is the right to truth an individual or collective right?

Answer 5

both! As was held by Inter-American Court of HR

Question 6

How can truth commissions be more advantageous than criminal prosecutions?

Answer 6

• independent - sometimes risk of criminal prosecutions still being biased if conducted by national courts
• getting to truth of something criminally much more vigourous (ie satisfying legal tests) esp when there’s a large no. victims can’t always prosecute everyone
• more affordable?

Question 7

Structure of a truth commission

Answer 7

1) goals and objectives
2) acts under investigation
3) time period
4) duration of mandate
5) personnel: commissioners
6) activities and powers of truth commissions

Question 8

What method of selection of panel members for the TC was used in Liberia?

Answer 8

independent selectoin panel comprised of political party members, civil society reps, and reps from UN

Question 9

What method of selection of panel members for the TC was used in Argentina and Ghana?

Answer 9

Presidential appointment - problematic

Question 10

Main 4 issues with the SL TC?

Answer 10

1) lacked funding
2) serious mismanagement
3) staff crisis
4) difficult relo w Special court for Sierra Leone (internationalised court)

Question 11

Were amnesties used in the Sierra Leone TC?

Answer 11

Yes but not for grave crimes (was necessary for rebel group RUF to agree)

Question 12

Did the TC for SL have a clear mandate?

Answer 12

No

Question 13

Why was it hard to engage fully with the public in the SL TC?

Answer 13

Hard engaging all of the public and stakeholders partly due to there being several local languages

Question 14

What was a consequence of SL’s overall objective of naational reconciliation?

Answer 14

possibly at the cost of individual victims that may not have been ready to forgive at the time (undelrying tension!)

Question 15

Advantage of SL TC

Answer 15

1) mix of intl and natoinal commissioners
2) victims could give stories in private if they wanted
3) participation of major stakeholders
4) public hearings were important to communicate TC story as many illterate

Question 16

whilst public hearings are important ways of reaching the community esp for those that are illiterate, what is the risk of this?

Answer 16

they don’t cover the full record of the war

Question 17

What did the SL Commission’s success and process highlight?

Answer 17

can’t guarantee either complete truth or immediate reconciliation

Question 18

Whilst it will take time for the SL Commission to fill its objectives, what did it struggle with

Answer 18

overall to fill its hefty objectives!

Question 19

What was a consequence for SL TC in terms of the serious mismanagement and staff recruitment?

Answer 19

donors didn’t want to contribute to a dysfunctional institution! Severely underfunded

Question 20

Were there clear rules about the interaction btw the Special Court for SL and the TC?

Answer 20

No - this led to difficulties + risked confilct btw differing assessments of blame btw TC and the Court

Question 21

What was the first widely known truth commission?

Answer 21

National Commission on the Disappeared - Argentina

Question 22

The major strenght of truth commissions lie in their

Answer 22

breadth and flexibility

Question 23

• TCs negotiate boundary btw legal-forensic (authoratitive account) and

Answer 23

narrative-historical notions of truth - memory (shared account of past)

Question 24

truth commissions arise as a result of

Answer 24

a breadkwon in socia lcommission

Question 25

how do truth commissions work in adjudicating social memories?

Answer 25

• almost always refute propaganda of authoritarian conflicts
• operate to correct misconceptions

Question 26

What did the TC in Guatemala debunk claims about highlighting the adjudication function of TCs re social memories?

Answer 26

claims about threat of guerrillas to the military

Question 27

Although truth commissions are difficult and controversial entities – have massive task usually with insufficient time and resources – nevertheless still

Answer 27

can make critical contribution to TJ

Question 28

Truth commissions are institutions established to address human rights abuses committed during periods of conflict or authoritarian rule. The main aim of truth commissions

Answer 28

. The main aim of truth commissions is to uncover the truth about past abuses and to document them for historical and public record.

Question 29

The right to truth is an integral part of international human rights law. It includes the right of victims and survivors to

Answer 29

know the truth about the circumstances that led to abuses, the extent of the abuses and the identities of those responsible.

Question 30

Truth commissions serve to promote and enforce the right to truth by

Answer 30

investigating, documenting and reporting on past abuses.

Question 31

The goals of transitional justice, which is a broad concept that encompasses a range of mechanisms aimed at redressing past human rights abuses and promoting accountability, are

Answer 31

also closely linked to the aims of truth commissions. These goals include establishing the truth about past abuses, providing reparations to victims, holding perpetrators accountable, and promoting reconciliation and social cohesion.

Question 32

Truth commissions, therefore, are an important mechanism for

Answer 32

achieving the aims of both the right to truth and transitional justice.

Question 33

TC allow for a

Answer 33

comprehensive and systematic examination of the past, providing an opportunity for victims to share their stories and receive recognition for their suffering. At the same time, truth commissions can help to promote accountability and discourage the repetition of abuses in the future.

Question 34

• Study on the right to truth by the Office of the UN High Commissioner for Human Rights saays thaat the the right to truth ‘implies

Answer 34

knowing the full and complete truth as to the events that transpired, their specific circumstances, and who participated in them, including knowing the circumstances in which the violations took place, as well as the reasons for them’.

Question 35

• A truth commission (TC) is an

Answer 35

independent, temporary commission of inquiry that investigates and reports on patterns of abuses of human rights or humanitarian law committed during determined period of time

Question 36

4 key goals of truth commissions

Answer 36

1. o to establish an historical record (the truth of what happened)
2. o to clarify the main causes and effects of past violence and human rights abuses
3. o make recommendations to prevent such events from recurring
4. o promote national reconciliation, healing, and unity

Question 37

why are truth commissions important in terms of educational purposes?

Answer 37

not everyone has an understanding of human rights - providing a historical record helps to educate and provide objective descriptions of what these acts entail, avoiding denial and fostering a mutual understanding of what constitutes such abuses.

Question 38

What other social functions do truth commissions play?

Answer 38

they provide a platform for dialogue for parties to have dialogue and contestatoin in a mediated manner -

Question 39

what’s the moral-political character of a truth commission?

Answer 39

this character highlights how TCs narratives aactivate society-wide processees of contestation

Question 40

what have some TC’s risked?

Answer 40

putting the quest for historical truth in the service of the politicaal project of national reconstruction and reconciliation –> accounts of TCs should not be used to create politically usable reconstructions of the past

Question 41

how do truth commissions struggle for truth and memory?

Answer 41

the fact that their findings can upset and suprise governments and leaders with their accounts and recommendations - if it’s not in the political interest of the gov in power, they’re not going to get support and be backed so as to be able to achieve their stated aims.

Question 42

where is the right to truth made explicit?

Answer 42

Explicit in Enforced Disappearance convention
also forms soft law

Question 43

how did the SL TC promote trust?

Answer 43

due to its composition of intl and national members and provision of historical record and truth

Question 44

Weaknesses of the SL TC

Answer 44

b. Weakness – amnesties, resources, expertise, panel members, sometimes victims not as well supported as they could have been

Question 45

3 key strengths of the SL TC

Answer 45

1. The Sierra Leone Truth Commission was successful in providing a platform for previously unheard voices to be heard. The commission gave survivors and victims of the civil war an opportunity to tell their stories and be acknowledged.
2. The commission was able to uncover and document significant human rights abuses committed during the 11 years of civil war in Sierra Leone. This documentation helped to hold perpetrators accountable, and gave families of victims much-needed closure.
3. The commission had a wide mandate and was able to investigate all aspects of the conflict, including root causes of the conflict, and propose recommendations for preventing future conflicts.

Question 46

3 key weaknesses of the SL TC

Answer 46

1. One of the major weaknesses of the Sierra Leone Truth Commission was its inability to hold perpetrators accountable for their actions. Without a path to justice, many victims were left with a sense of incomplete justice.
2. The commission’s mandate and resources were limited, which made it difficult to thoroughly investigate and document all human rights violations that occurred during the conflict.
3. Some critics argue that the commission did not go far enough in addressing socioeconomic factors that contributed to the conflict, which prevented long-term solutions to prevent future conflicts.