Truth Commission

Truth commissions are temporary institutions established around the world to investigate human rights abuses and patterns of political violence. Unlike criminal trials, which investigate individual responsibility for discrete violations, truth commissions examine patterns of violence with attention to their underlying causes and broader consequences. They are not authorized to sentence or punish individuals. Instead, they compile reports which analyze the abuses under investigation and recommend responses such as reparations, institutional reform, or criminal prosecution. Unlike standing human rights commissions, truth commissions are not permanent institutions and generally close their doors on completing their reports. In contrast with the investigations of nongovernmental organizations, the work of truth commissions is conducted under the authority of governing officials, representing either the state or the United Nations. In recent [Page 1685]decades, truth commissions have been established in over 35 countries, typically in the immediate aftermath of political transitions or as part of an effort to negotiate an end to violent conflict.

The goals associated with truth commissions are varied and have changed over time. The first to receive global attention were established in Argentina and Chile, in the 1980s and early 1990s, to address torture, disappearances, and killings that occurred under military dictatorships in those countries. Truth commissions may be understood as a response to the atmosphere of secrecy and denial that commonly accompanies state-sponsored violence. In the aftermath of Argentina's aborted effort to prosecute human rights abuses committed during the so-called Dirty War, truth commissions were seen as a strategy for achieving some degree of accountability in contexts where criminal prosecution was considered to be too destabilizing or impractical. The title of Argentina's truth commission report, Nunca Mas (Never Again), expresses the widespread view that investigating and acknowledging past abuses would aid in preventing their recurrence in the future. In this context, truth commissions became a prominent transitional justice strategy—a basis for addressing abuses committed under a prior regime as part of a process of political change.

In Chile and South Africa, truth commissions were also seen as a basis for promoting political reconciliation. Under the leadership of Archbishop Desmond Tutu, South Africa's Truth and Reconciliation Commission, established in 1995, became extremely influential and informed the view that truth commissions should be viewed not only as a second-best alternative to criminal trials but also as a way to advance dialogue, forgiveness, restorative justice, and a therapeutic response to the trauma of political violence. Truth commissions in countries such as Sierra Leone and East Timor have similarly worked to promote political reconciliation by incorporating community leaders and traditional conflict resolution practices into their investigations.

Early critics commonly expressed the concern that truth commissions were an unsatisfactory alternative to criminal prosecution. However, truth commissions and criminal prosecution are not mutually exclusive strategies. South Africa's Truth and Reconciliation Commission threatened prosecution for those that did not come forward to confess to their involvement in the abuses under investigation. Sierra Leone's Truth and Reconciliation Commission operated alongside a special court that was established to investigate abuses committed during the same period. Peru's Truth and Reconciliation Commission contained a special unit designed to compile evidence for use in the prosecution of offenses under investigation. Nevertheless, scholars who have studied these cases have identified tensions between the work of truth commissions and that of criminal tribunals. For example, witnesses may be inhibited from testifying before a truth commission if they have reason to believe that the information might be used in a judicial proceeding.

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