A/HRC/24/42
comprehensive manner. Truth commissions give voice to victims and affirm their
status as rights holders, contribute to social integration, help set reform priorities, and
provide essential information in realizing other transitional justice measures.
92.
The appeal of truth commissions has not waned, but they face serious
challenges, not limited to post-conflict situations. The Special Rapporteur calls
attention to the overburdening of commissions as manifested by their difficulties in
delivering on their objectives within the mandated deadlines; controversies
surrounding the aptness of particular commissioners, and discord among them; and
abiding critiques about poor implementation of their recommendations.
93.
Mandates of truth commissions have suffered significant expansion:
commissions are expected to address a significantly broader array of violations,
occurring over longer periods of time, in more complex settings. One very positive
dimension of the expansion of the thematic mandate of truth commissions relates to
the specific attention they have increasingly paid to women’s rights.
94.
The functions of commissions have also considerably expanded: whereas
commissions used to concentrate on fact-finding and victim-tracing (and made
recommendations concerning victim redress and prevention), these functions have not
only grown significantly in complexity, but new functions have been added.
Commissions are now expected to provide comprehensive analysis of whole contexts
and underlying causes. Furthermore, their preventive function now goes beyond
making basic reform proposals regarding institutions actually involved in the
violations. Rather, they are expected to generate comprehensive, structural reform
proposals. Given these trends, it should come as no surprise that commissions are
finding it increasingly difficult to satisfy growing expectations.
95.
Moreover, the expansion in the functions of commissions appears almost openended. Two functions under consideration deserve special comment. First, a potential
arbitration role for truth commission concerning cases of corruption has been
suggested. The Special Rapporteur notes the enormous administrative burden, the
challenge in guaranteeing fair quasi-judicial procedures, the reputational risks, and
the tensions with the investigative function concerning human rights violations of a
truth commission this combination may generate.
96.
Second, some commissions under consideration are expected to achieve
reconciliation with an emphasis on victim-perpetrator pardon procedures. These
procedures will impose a huge burden on, and serious risks for, victims, raise
questions about the voluntary nature of pardons, and are not designed to address the
systemic and structural dimension of violations, thus falling short of ensuring
reconciliation at societal level.
97.
The tendency to expand the mandates of commissions, especially when not
supported by adequate funding, multidisciplinary expertise of the commissioners and
staff, and a sufficiently long preparatory period, is particularly challenging.
98.
Truth commissions derive their power, to a large extent, from the moral
authority and the expertise of commissioners, hence the selection of commissioners is
crucial to their success. Neither direct nor consultative procedures have prevented
some questionable appointments. Appointment procedures that insufficiently vet
commissioners for professionalism, integrity and expertise or that prioritize the
partisan political affiliation or ethnic identities of commissioners (likely to track
prevailing political or social cleavages) continue to generate challenges to
commissions. Apportioning seats within the commission to individuals who are meant
to represent particular constituencies invites posturing and “block voting”.
26
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