A/HRC/24/42
since the 1980s.21 Those that have had such impact derive this potential from, among other
factors:
• The moral standing of their members.
• Their establishment in the wake of social turmoil or upheaval, when the basic
“social contract” is being revised.
• The fact that the topics that they address closely relate to fundamental rights.
• A sound and consistent methodology.
• Openness to civil society.
• A “victim-centred”, inclusive approach.
24.
Successful truth commissions have made, inter alia, the following contributions:
• Giving a “voice” to and empowering victims: commissions can create platforms for
victims to tell their stories – for example, by holding public hearings – thereby
giving them a place in the public sphere for the very first time. This is part of the
process of affirming the status of victims, often members of socially marginalized
groups, as equal rights holders.
• Fostering general social integration: official acknowledgment of atrocities
contributes to ending cycles of resentment and mistrust.
• Helping set reform priorities: in the aftermath of massive atrocities, commissions
have been sources of information about systemic failure, which has helped in setting
up reform agendas.
• Providing important information for the other transitional justice measures:
commission reports and other information gathered by commissions have been
useful for prosecutorial efforts and fundamental to reparation programmes and
institutional reforms.
Ultimately, commissions have provided recognition to victims as rights holders, fostered
civic trust, and contributed to strengthening the rule of law. 22
25.
It is crucial to keep in mind however that what truth commission reports, on their
own, are primarily capable of delivering is not the same as actual transformation; hence the
importance of reaffirming the need to strengthen the links among truth, justice, reparation
and guarantees of non-recurrence,23 and more broadly, between those measures and other
coexisting policy interventions.24
26.
The Special Rapporteur emphasizes that despite its importance, truth cannot be a
substitute for justice, reparation or guarantees of non-recurrence, singly or collectively, and
recalls that there are abiding national and international obligations concerning each
measure, compelling practical moral and political reasons for implementing them, as well
21
22
23
24
Mandates and final reports of commissions are available at: http://www.usip.org/publications/truthcommission-digital-collection; see also Priscilla Hayner, Unspeakable Truths: Transitional Justice
and the Challenge of Truth Commissions, 2nd ed. (London, Routledge, 2011).
A/HRC/21/46, paras. 28-46; A/67/368, paras. 23-57.
A/HRC/21/46, paras. 22-27.
Ibid., paras. 47-53; see forthcoming report of the Special Rapporteur to the General Assembly at its
sixty-eighth session.
7
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