Truth v. Justice: The Morality of Truth Commissions

Truth v. Justice: The Morality of Truth Commissions

Truth v. Justice: The Morality of Truth Commissions

Truth v. Justice: The Morality of Truth Commissions

Synopsis

The truth commission is an increasingly common fixture of newly democratic states with repressive or strife-ridden pasts. From South Africa to Haiti, truth commissions are at work with varying degrees of support and success. To many, they are the best--or only--way to achieve a full accounting of crimes committed against fellow citizens and to prevent future conflict. Others question whether a restorative justice that sets the guilty free, that cleanses society by words alone, can deter future abuses and allow victims and their families to heal. Here, leading philosophers, lawyers, social scientists, and activists representing several perspectives look at the process of truth commissioning in general and in post-apartheid South Africa. They ask whether the truth commission, as a method of seeking justice after conflict, is fair, moral, and effective in bringing about reconciliation. The authors weigh the virtues and failings of truth commissions, especially the South African Truth and Reconciliation Commission, in their attempt to provide restorative rather than retributive justice. They examine, among other issues, the use of reparations as social policy and the granting of amnesty in exchange for testimony. Most of the contributors praise South Africa's decision to trade due process for the kinds of truth that permit closure. But they are skeptical that such revelations produce reconciliation, particularly in societies that remain divided after a compromise peace with no single victor, as in El Salvador. Ultimately, though, they find the truth commission to be a worthy if imperfect instrument for societies seeking to say "never again" with confidence. At a time when truth commissions have been proposed for Bosnia, Kosovo, Cyprus, East Timor, Cambodia, Nigeria, Palestine, and elsewhere, the authors' conclusion that restorative justice provides positive gains could not be more important. In addition to the editors, the contributors are Amy Gutmann, Rajeev Bhargava, Elizabeth Kiss, David A. Crocker, Andreacute; du Toit, Alex Boraine, Dumisa Ntsebeza, Lisa Kois, Ronald C. Slye, Kent Greenawalt, Sanford Levinson, Martha Minow, Charles S. Maier, Charles Villa-Vicencio, and Wilhelm Verwoerd.

Excerpt

“NEVER AGAIN!” is a central rallying cry of truth commissions, and one about which perpetrators and victims can agree. the notion of “never again” captures the response of societies that are recovering their own equilibria, their own dignity, and their own sense of integrity. Truth commissions are intended to be both preventive and restorative.

But if societies are to prevent recurrences of past atrocities and to cleanse themselves of the corrosive enduring effects of massive injuries to individuals and whole groups, societies must understand—at the deepest possible levels— what occurred and why. in order to come fully to terms with their brutal pasts, they must uncover, in precise detail, who did what to whom, and why, and under whose orders. They must seek, at least, thus to uncover the truth— insofar as this aim is humanly and situationally possible after the fact.

Truth commissions generally are created after a totalitarian/authoritarian regime has been succeeded by a democratic one. Sometimes the transition is preceded by civil and economic war bolstered by world public opinion, sometimes by invasion, and sometimes when societal revulsion overwhelms a military junta, a minority dictatorship, or strong arm pseudodemocrats. Massive human rights violations usually accompany such arrogations of power. the mandate of the successor regime is to establish or revive democracy and to prevent any resumption of human rights abuses. It also seeks to reconcile the old and the new, and to move forward in effective harmony.

Truth commissions thus seek, whatever their mandate from a new government, to uncover the past in order to answer questions that remain unanswered: What happened to husbands, sons, wives, and lovers at the hands of the ousted regime? Who gave the orders? Who executed the orders? What was the grand design? Who benefited? Getting the facts provides closure, at least in theory. Making it possible for perpetrators to be confronted by victims and the heirs of victims (as in the South African and Guatemalan cases) can provide further closure. in societies as disparate as Argentina, Bosnia, Cambodia, Cyprus, El Salvador, Guatemala, Haiti, Nigeria, South Africa, and Sri Lanka, and now in Sierra Leone and Kosovo, there is a natural, consuming desire to elicit as complete an accounting as possible of how people disappeared, how . . .

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