A/HRC/24/42
34.
Temporal scope. Although patterns of atrocities rarely emerge or end at sharply
determined points in time, most commissions take recognized junctures, such as the dates
of coups, uprisings or the initiation of conflict as starting points, and the cessation of
conflict or the fall of an abusive regime as cut-off dates. Excluding clear patterns in the
distribution of violations and important incidents of violations from the temporal scope of a
commission’s work raises general doubts as to the mechanism’s impartiality. Because there
are limits to plausible periodizations, choices concerning the temporal scope are somewhat
bounded. Commissions have been asked to investigate violations ranging from under a
dozen years (Argentina, 7 years; Sierra Leone, 11 years; El Salvador, 12 years) to over 20
or more years (Timor-Leste, 25 years; South Africa and Guatemala, 34 years; Morocco, 43
years; Kenya, 44 years), which demonstrates an expansion in temporal scope.
35.
Thematic mandates. During a period of repression or violence, violations of many
rights occur. Mandates determine which kinds of violations will be investigated by
commissions. Here again a trend towards expansion is observable in the following select
examples:
• The National Commission on the Enforced Disappearance of Persons (CONADEP)
in Argentina was tasked with investigating disappearances, understood as
kidnappings with no remains ever found; 32
• The Truth Commission in El Salvador received a general mandate,33 which it
interpreted to focus on 32 exemplary cases of disappearance, extrajudicial killing,
and massacre in addition to its consideration of the overall context of these crimes.
• The Act establishing the South African truth commission mandated it to investigate
“gross violations of human rights”, which it defined as: “(a) the killing, abduction,
torture or severe ill-treatment of any person; or (b) any attempt, conspiracy,
incitement, instigation, command or procurement to commit” such violations.34
• The regulation of the United Nations Transitional Administration in East Timor that
established CAVR determined the thematic scope as human rights violations
“committed within the context of the political conflicts in East Timor between 25
April 1974 and 25 October 1999”, comprising “(i) violations of international human
rights standards; (ii) violations of international humanitarian law; and (iii) criminal
acts”.35 These included violations of economic, social and cultural rights.36
• The Act establishing the Truth and Reconciliation Commission in Liberia defines
the mandate by reference to “human rights violations”, by which it means “(1)
violations of international human rights standards, including, but not limited to, acts
of torture, killing, abduction and severe ill-treatment of any person” and “(2)
violations of international humanitarian law, including, but not limited to, crimes
against humanity and war crimes”. The mandate also comprises “abuses …
including massacres, sexual violations, murder, extra-judicial killings and economic
32
33
34
35
36
10
Decree/Decreto 187/83, 15 December 1983.
Mexico Peace Agreement -Provisions Creating the Commissions on Truth, art. 2 : “serious acts of
violence [...] whose impact on society urgently demands that the public should know the truth”.
South African Promotion of National Unity and Reconciliation Act 1995 (Act 95-34), 26 July 1995,
ch. 1, definitions, available at: http://www.justice.gov.za/legislation/acts/1995-034.pdf.
Regulation No.° 2001/10 on the Establishment of a Commission for Reception, Truth and
Reconciliation in East Timor, UNTAET/REG/2001/10, 13 July 2001, section 1(c).
Ibid., section 1 (e) in conjunction with Regulation No. 1999/1 on the Authority of the Transitional
Administration in East Timor, UNTAET/REG/1999/1, section 2.
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