Truth and Reconciliation Processes: Aiding Community Healing Through Addressing Impunity
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Overview

March 11, 2008

About this Conversation

  • Language: English
  • Featured Speakers: Glenda Wildschut (CLD), Galuh Wandita (AJAR), Jose Caetano Guterres (ETCRN), Laura Young (The Advocates for Human Rights), Sofia Macher (Institute for Legal Defense), Ahmed K. Sirleaf II (The Advocates for Human Rights), Jennifer Prestholdt (The Advocates for Human Rights), Jean Rodenbough (PC(USA)), Kyle Lambelet (Beloved Community Center of Greensboro), Patrick Burgess (AJAR)
Justice & reconciliation

Some fundamental concepts behind Truth and Reconciliation (TRC) processes include:

  1. future reconciliation is necessary for there to be a peaceful co-existence in a country or community;
  2. that reconciliation and peaceful coexistence rest upon knowing as complete a picture as possible of the nature, causes and extent of gross violations of human rights that have been committed; and
  3. there must be public recognition of the truth that had been hidden for so long by a multitude of falsehoods.

This dialogue sought to share experiences transitional justice processes known as Truth and Reconciliation Commissions, instituted with the aim of exploring the truth hidden behind pasts characterized by gross abuses of human rights. The conflicts experienced in the countries and contexts of our resource people have unique and particular characteristics. However, we believe that the sharing of these experiences and those of the broader New Tactics community who take part in this dialogue will yield useful lessons for other contexts considering the use of TRC process. Because the effects that violence has on people are always devastating – rippling from the individual to the family to the community to the nation; they demand a treatment that is not only individual, but collective.

There were many questions of importance for our dialogue. A foundational, and often contentious, question is “What do we mean by ‘truth’?” and as a result, “How do TRC processes deal with the unraveling of differing histories, truths and memories?”

How do TRC processes deal with the unraveling of differing histories, truths and memories?

Reconciliation as Part of Healing Communities

In post-conflict situations, communities often face the complex dilemma of choosing between justice and reconciliation. Some survivors may desire punishment for the perpetrators, while others seek reconciliation as a means to heal and move forward. Both paths carry challenges. Reconciliation may offer a sense of closure but risks undermining the victims’ need for accountability. Conversely, a focus on justice can delay healing and result in prolonged suffering. Therefore, it is crucial to view reconciliation as one of many tactics used in the broader effort to heal communities. Truth and Reconciliation (TRC) processes play an important role, but they must be seen as part of a larger strategy for addressing systemic injustices, rather than as a standalone solution.

The Role of Truth and Reconciliation Commissions (TRCs)

While Truth and Reconciliation processes are powerful tools, they are not without limitations. TRCs can uncover hidden truths, acknowledge suffering, and facilitate forgiveness, but they alone cannot bring about the systemic changes needed to prevent future violations. A key challenge in implementing TRCs is the need for political will to enact lasting reforms based on the recommendations made by these commissions. As highlighted in some cases, TRCs are not designed to replace legal justice systems but to complement them, addressing the wider societal context and aiming to rebuild relationships within communities.

Challenges of Justice Systems and TRCs

In certain contexts, such as the Greensboro Truth and Reconciliation process in the United States, the limitations of the criminal justice system highlight the importance of TRCs. While criminal courts focus on proving individual guilt, they often fail to address the broader structural issues that contribute to violence. In Greensboro, the TRC aimed not to punish perpetrators but to promote community healing by exposing the truth, challenging existing power structures, and fostering a collective memory of the events. This highlights how TRCs can play a vital role in seeking justice in a more holistic sense, beyond retributive legal frameworks.

Different Perspectives on Justice

The concept of justice is multifaceted and can take different forms. Retributive justice focuses on punishing perpetrators, while restorative justice seeks to heal communities by promoting dialogue, accountability, and the rebuilding of relationships. TRCs typically align with restorative justice, as they aim to repair the harm caused by violence rather than simply impose punishment. Restitution, a form of restorative justice, can include returning victims’ voices and providing compensation in different forms, such as returning the remains of the deceased or offering reparations. These restorative measures are seen as critical in stopping cycles of violence and fostering long-term peace.

The Importance of Systemic Change

While TRCs are valuable, they cannot achieve lasting peace without addressing the underlying systemic causes of violence. In cases such as the disappearance of thousands in Argentina, families demand not only truth but justice, and the state must be held accountable for human rights violations. This perspective underscores the importance of combining various tactics—legal justice, TRCs, and other mechanisms—to create cohesive societies that respect human rights and the rule of law. As such, the pursuit of justice must be seen as a broader, ongoing process that includes both legal reforms and the healing of social relationships within affected communities.

In conclusion, reconciliation is a vital component of post-conflict healing, but it should be approached as one of many strategies that together aim to achieve justice, accountability, and long-term peace. TRCs, while significant, are most effective when used in conjunction with other actions that address the root causes of violence and promote systemic change.

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