A/HRC/24/42
relevant constraints it sometimes comes at the expense of functions that commissions can
actually complete.
41.
The preventive function of truth commissions has widened (in theory) alongside the
expansion of “fact-finding”. This has not happened necessarily by design. Mandates are not
more elaborate concerning concrete preventive mechanisms; rather, the wide-ranging
analysis seems to invite similarly wide-ranging transformation proposals in the name of
prevention. Thus commissions have made proposals for the transformation of various
institutions, including the judiciary, security forces, education, media, civil registries,
electoral systems, and land tenure patterns.
42.
Perhaps the only original function of commissions that has not seen a comparable
expansion is victim tracing. This function has gained neither increased prominence, nor
elaboration in commission mandates, yet the need for it has by no means waned. On the one
hand, in most situations where truth commissions are implemented the fate of thousands of
victims remains unclarified and thousands of bodies remain unidentified, even when mass
burial sites have been located. On the other hand, professional competence in forensics has
grown significantly. Considering how exhumations can contribute significantly to truth and
justice processes, and the cross-cultural importance for families of victims and entire
communities of ensuring proper burial of the deceased, the Special Rapporteur calls for
renewed attention to the victim-tracing function of commissions. On their own, truth
commissions are unlikely to assume full responsibility for exhumations and identification
when a large universe of victims exists. Support from other institutions is needed, but
commissions in the past have played a useful role in tracing victims and identifying burial
sites.48
43.
The victim-redress function of some earlier truth commissions has, by contrast,
become a staple of virtually all commissions and has grown in complexity. Most mandates
require commissions to make recommendations concerning victim reparation. Some
commissions have specifically recommended establishing complex programmes49 which
distribute a variety of goods both symbolic and material (including cash payments and the
provision of services), and both to individuals and to communities. Truth commissions have
often articulated comprehensive proposals, such as those by the Peruvian commission,50 the
South African commission,51 and CAVR in Timor-Leste.52
44.
The overwhelming majority of truth commissions have not been called to implement
reparations programmes, but to make recommendations concerning their design. Given that
reparations programmes are usually long-term projects that outlast the commission’s life,
and that the more complex the programme the heavier its administrative load, there are
48
49
50
51
52
The TRC of Peru devoted significant attention to recommendations concerning exhumations. See
Final Report (fn 39), vol. IX, ch. 2, sect. 3.
For the notion of complexity in reparations programmes as well as detailed information and analysis
of reparations programmes, see Pablo de Greiff, ed., The Handbook of Reparations (Oxford, New
York, Oxford University Press, 2006).
See TRC of Peru, Final Report (fn 39), vol. IX. Only parts of the comprehensive reparations
programme have been implemented.
Truth and Reconciliation Commission of South Africa (TRC of South Africa), Final Report, vol. 5,
p. 312, paras. 22-23, available at: http://www.justice.gov.za/trc/report. The reparations proposals were
rejected by the government, which implemented a significantly more modest programme, see, e.g.,
Christopher J. Colvin, “Overview of the Reparations Program in South Africa”, in De Greiff, The
Handbook of Reparations (fn 49), p. 176.
Report of the CAVR (fn 40), part 11, ch. 12.
13
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