When Truth Commissions Improve Human Rights

Abstract

Most studies of truth commissions assert their positive role in improving human rights. A first wave of research made these claims based on qualitative analysis of a single truth commission or a small number of cases. Thirty years of experience with truth commissions and dozens of examples allow cross-national statistical studies to assess these findings. Two recent studies undertake that project. Their findings, which are summarized in this article, challenge the prevailing view that truth commissions foster human rights, showing instead that commissions, when used alone, tend to have a negative impact on human rights. Truth commissions have a positive impact, however, when used in combination with trials and amnesties. This article extends the question of whether truth commissions improve human rights to how, when and why they succeed or fail in doing so. It presents a 'justice balance' explanation, whereby commissions, incapable of promoting stability and accountability on their own, contribute to human rights improvements when they complement and enhance amnesties and prosecutions. The article draws on experiences in Brazil, Chile, Nepal, South Korea and South Africa to illustrate the central argument.

Deterrence, Norm Socialization, and the Empirical Reach of Kathryn Sikkink's The Justice Cascade: How Human Rights Prosecutions Are Changing World Politics

“…They vary widely in terms of their mandate, size, scope of investigation, timing, funding, participation, ability to impose sanctions, relative openness, and publicity surrounding them, and whether they are accompanied by other transitional justice mechanisms, such as amnesty, vetting, apologies, reparations, or prosecutions. In part because of this variation, other large-N analyses of truth commission impact on peace, democracy, and human rights have found no (Wiebelhaus-Brahm 2010) or, in some cases, harmful effects (Olsen, Payne, Reiter, and Wiebelhaus-Brahm 2010). 4.…”

The role played by reconciliation in social reconstruction in Bougainville

“…Another found there is a 'justice balance', whereby truth commissions are unable to promote stability and accountability on their own, but can contribute to improvements in human rights protections when they complement and enhance amnesties and prosecutions (Olsen et al 2010).…”

Truth and Reconciliation Commissions

“…Collective responsibility acknowledged by TCs makes society more aware of past atrocities and less likely to repeat them (Olsen, et al, 2010). Cited in Olsen, et al, (Olsen, et al, 2010).…”

“…Korean society was split into three groups; those who saw it as an important process, those who thought it was bad for democratic development and those who thought the process was started before society was ready (Olsen, et al, 2010, p.473). A division also exists between the victims and survivors who mobilized for justice and truth seeking, and others who credit the military regime for South Korea's development and high standards of living (Olsen, et al, 2010). This division is exacerbated since "[m]uch of the commission's politically charged work has been ignored by the South Korean government, which has rarely issued apologies for past atrocities" (Rowland and Hae-Rym, 2010).…”