In this article, I critically examine the role of testimony in the work of truth commissions and its implications for understanding human rights violations and testimony drawing on Jacques Derrida’s deconstruction of testimony. Two key implications emerge from this analysis. First, by applying a tort model, human rights violations are depoliticized through their individualization. This approach turns testimonies into evidence, limiting their critical potential. Depoliticization involves overlooking the political context of violence, which results in a failure to consider power (...) dynamics, potentially reinforcing the same power structures that contributed to the atrocities in the first place. Second, the rationale behind truth commissions, often framed as "giving a voice to the voiceless", tends to prioritize the act of speaking over the moral obligation to listen to testimonies and reflect on one's moral and political responsibilities. Finally, I argue that addressing past human rights violations and their root causes should be guided by an idea of responsibility, particularly the responsibility for justice. The way truth commissions utilize testimony may hinder the fulfillment of this responsibility. (shrink)

An exploration of the political dimensions of forgiveness and repentance from Jacques Derrida. Perjury and Pardon is a two-year seminar series given by Jacques Derrida at the École des hautes études en sciences sociales in Paris during the late 1990s. In these sessions, Derrida focuses on the philosophical, ethical, juridical, and political stakes of the concept of responsibility. His primary goal is to develop what he calls a “problematic of lying” by studying diverse forms of betrayal: infidelity, denial, false testimony, (...) perjury, unkept promises, desecration, sacrilege, and blasphemy. This volume covers the seminar’s second year when Derrida explores the political dimensions of forgiveness and repentance. Over eight sessions, he discusses Hegel, Augustine, Levinas, Arendt, and Benjamin as well as Bill Clinton’s impeachment and Nelson Mandela and Desmond Tutu’s testimonies before the Truth and Reconciliation Commission. The seminars conclude with an extended reading of Henri Thomas’s 1964 novel Le Parjure. (shrink)

This article offers an account of settler witnessing of residential school survivor testimony that avoids the politics of recognition and the pitfalls of colonial empathy. It knits together the concepts of bearing witness, Indigenous storytelling, and affective reckoning. Following the work of Kelly Oliver, it argues that witnessing involves a reaching beyond ourselves and responsiveness to the agency and self-determination of the other. Given the cultural genocide of residential schools, responsiveness to the other require openness to and nurturing of Indigenous (...) ways of knowing and being. In order to illustrate the complexities and challenges of settler witnessing, the author reflects on her experiences in attending six of the TRC’s national events and, in particular, what she has learned from Frederick “Fredda” Paul, Passamaquoddy Elder, healer, storyteller, and residential school survivor. The article analyzes (1) aesthetics and emotions in the staging of TRC events and (2) making meaning over time and the temporality of transitional justice. (shrink)

The article studies the Norwegian, Finnish and Swedish truth commissions dealing withstate-Sámi (an indigenous population living in northern Scandinavia, Finland and north-western Russia) relations through the concept of transnational historical justice. The fact that three separate commissions are studying the history of the Sámi has been criticized by earlier researchers, but never from the perspective of intergenerational, and more specifically historical justice. Our study of the mandate documents and the report of the Norwegian commission (the only one published (...) in the time of writing of this article) points to constructive ways forward that could acknowledge and better embrace the transnational character of Sámi history, especially in terms of historical justice. We also study in what way the Norwegian commission worked within and stretched the framework set by the mandate document. Our conclusion is that the lack of transna-tionalism in the mandate and work of the commissions leads to historical Sámi individuals and groups being forgotten. These are historical groups and individuals whose existence does not fit in neatly in the presentist perspective of the commissions, projecting the current nation state borders back in time. For this reason, historical justice toward these groups is also a forgotten issue in the mandate and work of the commissions. (shrink)

What are the moral obligations of participants and bystanders during—and in the wake of –a conflict? How have theoretical understandings of justice, peace and responsibility changed in the face of contemporary realities of war? Drawing on the work of leading scholars in the fields of philosophy, political theory, international law, religious studies and peace studies, the collection significantly advances current literature on war, justice and post-conflict reconciliation. Contributors address some of the most pressing issues of international and civil conflict, including (...) the tension between attributing individual and collective responsibility for the wrongs of war, the trade-offs made between the search for truth and demands for justice, and the conceptual intricacies of coming to understand just what is meant by ‘peace’ and ‘conflict.’ Individual essays also address concrete topics including the international criminal court, reparations, truces, political apologies, truth commissions and criminal trials, with an eye to contemporary examples from conflicts in the Middle East, Africa and North and South America.​. (shrink)

The most contentious aspect of South Africa's Truth and Reconciliation Commission (TRC) concerned its amnesty‐granting powers. In return for perpetrators providing full disclosure about their crimes, the TRC was authorized to release them from both criminal responsibility and civil liability. This essay takes up the thorny question of how such a commission might be morally justified. Part 1 discusses the political circumstances that led to the creation of the TRC. Part 2 provides a critical survey of some (...) previous attempts to justify the commission's work. Part 3 offers a new justification, grounded in Adam Smith's notion of sympathy; after outlining some of the benefits of sympathy for political reconciliation, I argue that the work of a South African–style truth commission can promote sympathy between former enemies. (shrink)

Reconciliation, Transitional and Indigenous Justice presents fifteen reflections upon justice twenty years after the Truth and Reconciliation Commission of South Africa introduced a new paradigm for political reconciliation in settler and post-colonial societies. The volume considers processes of political reconciliation, appraising the results of South Africa’s Commission, of the recently concluded Truth and Reconciliation Commission of Canada and of the on-going process of the Waitangi Tribunal of Aotearoa New Zealand. Contributors discuss the separate politics of (...) Indigenous resurgence, linguistic justice, environmental justice and law. Further contributors present a theoretical symposium focused on The Conceptual Foundations of Transitional Justice, authored by Colleen Murphy, who provides a response to their comments. Indigenous and non-indigenous voices from four regions of the world are represented in this critical assessment of the prospects for political reconciliation, for transitional justice and for alternative, nascent conceptions of just politics. Radically challenging assumptions concerning sovereignty and just process in the current context of settler-colonial states, Reconciliation, Transitional and Indigenous Justice will be of great interest to scholars of Ethics, Indigenous Studies, Transitional Justice and International Relations more broadly. The chapters were originally published as a special issue in the Journal of Global Ethics, with one addition from The Round Table.”. (shrink)

This paper foregrounds how women’s public testimony as part of a formal transitional justice initiative is shaped by the particular context in which a commission operate, including the political and security environment. While the literature has engaged with the gendered predicaments of truth commissions after peace agreements and during transitions away from non-democratic rule, the function of such initiatives in more authoritarian and in immediate post-war contexts is generally overlooked. I examine women’s testimonies from Sri Lanka’s Lessons Learned (...) and Reconciliation Commission, and contend that pervasive militarization and insecurity, and the conduct of the Commission, influenced the stories that came forth. Women’s testimonies in the war-torn areas primarily represent pleas for information about missing family members and reflect important silences about the women’s own experiences of abuse, including ongoing post-war insecurities. The analysis raises questions about what may be expected from transitional justice efforts in difficult post-war contexts. (shrink)

Ethical loneliness is the experience of being abandoned by humanity, compounded by the cruelty of wrongs not being heard. It is the result of multiple lapses on the part of human beings and political institutions that, in failing to listen well to survivors, deny them redress by negating their testimony and thwarting their claims for justice. Jill Stauffer examines the root causes of ethical loneliness and how those in power revise history to serve their own ends rather than the needs (...) of the abandoned. Out of this discussion, difficult truths about the desire and potential for political forgiveness, transitional justice, and political reconciliation emerge. Moving beyond a singular focus on truth commissions and legal trials, she considers more closely what is lost in the wake of oppression and violence, how selves and worlds are built and demolished, and who is responsible for re-creating lives after they are destroyed. Stauffer boldly argues that rebuilding worlds and just institutions after violence is a broad obligation and that those who care about justice must first confront their own assumptions about autonomy, liberty, and responsibility before an effective response to violence can take place. In building her claims, Stauffer draws on the work of Emmanuel Levinas, Jean Améry, Eve Sedgwick, and Friedrich Nietzsche, as well as concrete cases of justice and injustice across the world. (shrink)

Traditionally, transitional justice has referred to that field of theoretical scholarship that proffers recuperative strategies for political societies divided by a history of violence. Through the establishment of truth commissions, public confessionals and reparative measures, transitional justice regimes have sought to establish restorative conditions that might help reconcile historical antagonists both to each other and to the trauma of their shared past. Because of some of the theoretical lapses in this scholarship some have turned recently to the field of (...) radical democratic and ‘new pluralist’ thought – and especially to agonistic literature – to foreground a theory of post-conflict reconciliation based not on the principles of the sublimation of difference, but rather the perpetual deferral of accord. This essay works both to underscore that effort, as well as to problematize it. Through unorthodox readings of Giorgio Agamben, Jean Améry and Sheldon Wolin, the essay argues that an emphasis on messianicity as the temporal mode of political repair is ultimately less productive for what I call an agonistics of reconciliation than a more nuanced approach to what Wolin calls ‘fugitive democracy’. Where the former is allied with a problematic politics of mutual respect, the latter affirms a more germane politics of abiding resentment. In the end, a startling conclusion is drawn from reading agonistic reconciliation through Wolin: democracy may be a political experience reserved for scenes of transitional justice alone. (shrink)

Following the work of Barbara Cassin, this paper proposes to examine certain ways of speaking that Aristotle described as not so much human as plant-like [homoioi phutôi] and to consider whether these non-human ways of speaking might yet adduce forms of discourse that serve to model how central principles of justice can be thought. The paper does this by drawing upon Cassin’s extensive engagement with Sophistry in the classical world together with her concerted interest in the activities of the (...) class='Hi'>Truth and Reconciliation Commission in post-apartheid South Africa. When Aristotle, in book Gamma of the Metaphysics, dismissed the speech of those spoke “otherwise” (for example, those who failed to obey the law of non-contradiction) he formalised a chauvinism that philosophy had, at least since Plato, derided as sophistry. For Cassin, however, this presumed superiority of one way of speaking over another is something that holds true only when the grounds and elemental terms of a discourse have been and remain uncontested. In this way, language in Aristotle is regulated in advance, and determines what is admissible in the court of discourse according to prescribed and recognisable forms. Accordingly, illuminated by Heidegger and yet (like Arendt) departing from his conclusions, Cassin explores the sense in which language is something ontologically constitutive but in a manner that contests rather than secures its speakers’ relations to one another. In place of a metaphysics and ethics of belonging and authenticity, Cassin’s work is oriented by figures of precarity and exile such that truth is not so much something to be discovered, once and for all, but to be contested, negotiated, and re-worked each and every time. Key to this form of discourse, the paper will claim, is the uniquely non-juridical approach to justice undertaken by the Truth and Reconciliation Commission. Here, as Cassin explains, rather than a logic of individual rights and wrongs, there is a performative role for those involved. This “politics via discourse” dislocates the identity of received (rational) subjects and allows for narrative testimony itself not only to bear witness to a past but to signal a future – one based not on the apportionment or allocation of justice but on its ongoing struggle (an eristics or agonistics) for a humanity to come. (shrink)

This article provides a philosophical response to the need for truth-telling about colonial history, focussing on the Australian context. The response consists in inviting philosophers and the public to engage in social-justice practices specified by a model called Distributed Truth-Telling (DTT), which integrates the historiography of injustices affecting Indigenous peoples with insights from social philosophy and cultural evolution theory. By contrast to official and large-scale truth commissions, distributed truth-telling is a set of non-elitist practices that weave (...) three components: first, multisite, multiformat, and multiscale inquiries into injustices; second, remedial imaginings and reasoning about moral repair and reconciliated futures; and finally, emotions suitable for motivating agents to cooperatively plan and implement moral revolutions. Distributed truth-telling can entrench virtuous feedback loops that contribute to moral revolutions. However, vicious feedback loops associated with collective denial and biases can impair distributed truth- telling and thwart moral revolutions. (shrink)

This paper has been translated from the French by Cosmin Toma. It focuses on Jacques Derrida's very last lecture, given in Rio de Janeiro, on the 16thof August 2004, which Derrida drew from his ‘Le parjure et le pardon’ (‘Perjury and Forgiveness’) seminar held at the École des hautes études en sciences sociales (EHESS), in Paris, from 1997 to 1999. In reference to this final lecture in which Derrida deals with ‘forgiveness,’ ‘truth’, ‘reconciliation’, ‘testimony’ and ‘genre’, the paper also (...) takes up the question of justice as well as of what he calls the ‘worst violence’ via testimonial writings by Sarah Kofman and Antjie Krog so as to rethink forgiveness. (shrink)

How can we respond in the aftermath of wrongdoing? How can social trust be restored in the wake of intense political conflict? In this challenging work, philosopher Trudy Govier explores central dilemmas of political reconciliation, employing illustrative material from Rwanda, Sierra Leone, South Africa, Australia, Canada, Peru, and elsewhere. Govier stresses that reconciliation is fundamentally about relationships. Whether through means of truth commissions, apologies, community processes, or criminal trials, the basic goal of reconciliation is improved social trust among alienated (...) individuals and groups. A major strength of Govier's approach is her creative practical framework for reflection. She explains that people should not to be identified with the roles they may have played, and she points out that, with reference to wrongs committed in political conflicts, individuals often play several roles. The perpetrators of some acts can be the victims of others; the victims in some circumstances may become responsive interveners in others. Rare is the political conflict in which one group commits all wrongs. Govier argues that, to build social trust and sustainable peace, acknowledgment of past wrongs is crucial. The need for mutuality in acknowledgment is an underappreciated aspect of the aftermath of conflicts. She further examines the themes of responsibility ; apology; forgiveness; reparations; the rehabilitation of child soldiers; the problems of monetary compensation; and truth-telling and truth commissions. Govier's lucid style and willingness to explore counterarguments make this a lively and thought-provoking work. (shrink)

It has come to be widely accepted that jus post bellum includes responsibilities to rebuild. Consequently, duties to establish a sustainable peace are increasingly defined in terms of duties to protect and promote international human rights, including duties to effectively investigate human rights violations, to ensure access to effective remedy, and to transform institutional and legal contexts that have facilitated or sustained human abuse. But what are investigations by transitional bodies seeking when they take on these tasks? Often, investigators present (...) themselves as seeking the truth and claim value for their findings based on having produced a better description or explanation than was antecedently available. But is truth worth pursuing for its own sake in transitions from conflict or must it contribute to some other goal to be valuable? In what follows I argue that the value of truth in transitions from conflict lies in the role of truth in ascribing knowledge. The connection between truth and knowledge makes it important to preserve distinctively epistemological grounds for accepting and rejecting claims and narratives. These distinctively epistemological grounds explain how, if it is conceived of as adequate responsiveness to experience, truth is a legitimate and important goal in transitions from violence that is worth pursuing for its own sake. In particular, I argue that there is value in insisting that adequate responsiveness to experience serve as an arbiter in the reception of claims and narratives because when responsiveness to experience plays an arbitral role it becomes possible for bodies such as truth commissions to serve as vehicles by which groups may attain or ascribe knowledge. (shrink)

Many post-conflict and post-transition countries use truth commissions to address the legacy of the past. However, truth commissions are products of the political context and often reflect the power balance at the time of creation. More than half of truth commissions show some form of one-sided treatment. To what extent does this matter? Has the public priced in the political circumstances or does a one-sided truth commission damage expectations of peace? Using an experiment to deal (...) with the endogeneity between the truth commission and context, I examine this question in an original survey in Northern Ireland. The findings show that one-sided processes significantly reduce support for the institution and the perceived prospects of reconciliation, with some support for a normative heuristic of fairness, while mechanisms of ethnic identity and victimization do not explain the differences. The research demonstrates the significance of implementing transitional justice in a just and equitable way. (shrink)

Reconciliation is a theologically-charged word with politically-charged implications. The work of the South African Truth and Reconciliation Commission (TRC) raised questions about reconciliation in a political context including the “parts” or “partners” of reconciliation: truth-telling, repentance, amnesty, reparations, and ultimately forgiveness and justice. This paper explores two questions. First, are theologians ready to give up an exclusive claim on reconciliation as a theological term or, at the very least, be agreeable to the fact that reconciliation might have (...) political as well as theological meanings? Second, if reconciliation is granted unhindered access across the borders of theology and politics, what wisdom from the theological tradition has informed the political praxis of reconciliation, and has political praxis in any way challenged our theological understanding of reconciliation? As responses to these questions, the paper looks at the theological development of reconciliation, with particular attention to the New Testament and subsequent historical praxis. It then discusses points of connection where the theological development has informed political praxis. (shrink)

"The Justice of Mercy is exhilarating reading. Teeming with intelligence and insight, this study immediately establishes itself as the unequaled philosophical and legal exploration of mercy. But Linda Meyer's book reaches beyond mercy to offer reconceptualizations of justice and punishment themselves. Meyer's ambition is to rethink the failed retributivist paradigm of criminal justice and to replace it with an ideal of merciful punishment grounded in a Heideggerian insight into the gift of being-with-others. The readings of criminal law, Heideggerian and Levinasian (...) philosophy, and literature are powerful and provocative. The Justice of Mercy is a radical and rigorous exploration of both punishment and mercy as profoundly human activities." ---Roger Berkowitz, Director of the Hannah Arendt Center for Ethical and Political Thinking, Bard College "This book addresses a question both ancient and urgently timely: how to reconcile the law's call to justice with the heart's call to mercy? Linda Ross Meyer's answer is both philosophical and pragmatic, taking us from the conceptual roots of the supposed conflict between justice and mercy to concrete examples in both fiction and contemporary criminal law. Energetic, eloquent, and moving, this book's defense of mercy will resonate with philosophers, legal scholars, lawyers, and policymakers engaged with criminal justice, and anyone concerned about our current harshly punitive legal system." ---Carol Steiker, Harvard Law School "Far from being a utopian, soft and ineffectual concept, Meyer shows that mercy already operates within the law in ways that we usually do not recognize.... Meyer's piercing insights and careful analysis bring the reader to think of law, justice, and mercy itself in a new and far more profound light." ---James Martel, San Francisco State University How can granting mercy be just if it gives a criminal less punishment than he "deserves" and treats his case differently from others like it? This ancient question has become central to debates over truth and reconciliation commissions, alternative dispute resolution, and other new forms of restorative justice. The traditional response has been to marginalize mercy and to cast doubt on its ability to coexist with forms of legal justice. Flipping the relationship between justice and mercy, Linda Ross Meyer argues that our rule-bound and harsh system of punishment is deeply flawed and that mercy should be, not the crazy woman in the attic of the law, but the lady of the house. This book articulates a theory of punishment with mercy and illustrates the implications of that theory with legal examples drawn from criminal law doctrine, pardons, mercy in military justice, and fictional narratives of punishment and mercy. Linda Ross Meyer is Carmen Tortora Professor of Law at Quinnipiac University School of Law; President of the Association for the Study of Law, Culture and the Humanities; and Associate Editor of Journal of Law, Culture and the Humanities. Jacket illustration: "Lotus" by Anthony James. (shrink)

The last twenty-five years or so of thought about tort law have been remarkably productive and dynamic, as the dominance of the law and economics model has been challenged by theories that reintroduce the language of corrective justice. Over this same time period, theorizing about corrective justice has sprung up in response to a wide range of social, political and moral issues. I have in mind work on restorative theories in criminal justice; on postwar justice; on truth commissions, political (...) reconciliation and transitional justice in contexts of regime change; on official apologies as responses to international crises, institutionalized abuse and historical injustices; and on interpersonal apology, the making of amends, and forgiveness as responses to everyday moral transgressions. In these writings, theorists explore what people owe to one another in the aftermath of various kinds of wrongdoing, and thereby subtly challenge our ideas about what should be included under the heading of corrective justice. One new strand of thought, which appears in many of these debates, suggests that corrective justice requires a form of reconciliation or relational repair. My goal in this chapter is to introduce this idea and explore what it might offer to the philosophy of tort law. (shrink)

The central question of this conference is whether the media can contribute to high quality social dialogue. The prospects for resolving that question positively in the “sound and fury” depend on recovering the idea of truth. At present the news media are lurching along from one crisis to another with an empty centre. We need to articulate a believable concept of truth as communication's master principle. As the norm of healing is to medicine, justice to politics, critical thinking (...) to education, craftsmanship to engineering, and stewardship to business, so truth-telling is the news profession's occupational norm. Truth-telling is the ethical framework that fundamentally reorders the media's professional culture and enables them to enrich social dialogue rather than undermine it.Historically the mainstream press has defined itself in terms of an objectivist worldview. Centred on human rationality and armed with the scientific method, the facts in news have been said to mirror reality. The aim has been true and incontrovertible accounts of a domain separate from human consciousness. In Bertrand Russell's formula, “truth consists in some form of correspondence between belief and fact” . In the received view, truth is defined in elementary epistemological terms as accurate representation. News corresponds to context-free neutral algorithms, and ethics is equated with impartiality.The attacks on this misguided view of human knowledge had already originated in Giambattista Vico's fantasia and Wilhelm Dilthey's verstehen in the counter-Enlightenment of the 18th century. They have continued with hermeneutics, critical theory in the Frankfurt School, American pragmatism, Wittgenstein's linguistic philosophy, Gramsci, and in their own way, Lyotard's denial of master narratives and Derrida's sliding signifiers; until the anti-foundationalism of our own day indicates a crisis in correspondence views of truth. Institutional structures remain Enlightenment-driven, but in principle the tide has turned currently toward restricting objectivism to the territory of mathematics, physics, and the natural sciences. In reporting, objectivity has become increasingly controversial as the working press' professional standard, though it will remain entrenched in our ordinary practices of news production and dissemination until an alternative mission for the press is convincingly formulated.The demise of correspondence views of truth has created a predicament for the notion of truth altogether. However, instead of appealing to coherence versions or abandoning the concept, truth needs to be relocated in the moral sphere. Truth is a problem of axiology rather than epistemology. With the dominant scheme no longer tenable, truth should become the province of ethicists who can reconstruct it as the news media's contribution to social dialogue.When truth is articulated in terms of a moral framework, we can mold its richly textured meaning around the Hebrew emeth , the Greek aletheia . In Serbo-Croatian the true is justified as with plumbline in carpentry. In the powerful wheel imagery of the Buddhist tradition, truth is the immovable axle. The Truth and Reconciliation Commission in South Africa presumes that sufferings from apartheid can be healed through truthful testimony. In Ghandhi's “satyagrapha,” the power of truth through the human spirit eventually wins over force . Dietrich Bonhoeffer's Ethics contends correctly that a truthful account lays hold of the context, motives, and presuppositions involved .Telling the truth depends on the quality of discernment so that penultimates do not gain ultimacy. Truth means, in other words, to strike gold, to get at “the core, the essence, the nub, the heart of the matter” . For Henry David Thoreau – though addressing a different issue – when we are truthful, we attempt to “drive life into a corner and¼if it proves to be mean, why then to get the genuine meanness out of it and publish its meanness to the world; or if it were sublime, to know it by personal experience and be able to give a true account of the encounter” . For the former secretary general of the United Nations, Dag Hammarskjold, “the most dangerous of all moral dilemmas is when we are obliged to conceal truth in order to help the truth be victorious” . In the Talmud, the liar's punishment is that no one believes him.Augustine , professor of rhetoric at Milan and later Bishop of Hippo, illustrates a non-correspondence view of truth. His rhetorical theory is a major contribution to the philosophy of communication, contradicting the highly secular and linear view of the ancient Greeks. As with Aristotle, rhetoric entails reasoned judgement for Augustine; however, he “break[s] away from Graeco-Roman rhetoric, moving instead toward ¼rhetoric as aletheiac act” . Rhetoric for him is not knowledge-producing or opinion-producing but truth-producing . The Epistolae Doctrina Christiana scourges the value-neutral, technical language of “word merchants” without wisdom.Truth is not fundamentally a prescriptive statement. The aletheiac act in Augustine “tends to be more relational than propositional, a dialogically interpersonal, sacramentally charitable act rather than a statement¼taking into account and being motivated by [the cardinal virtues] faith, hope, and charity” . The truth for him does not merely make things clear, but motivates us to belief and action. In truthful communication for Augustine, “it is not enough to seek to move men's minds, merely for the sake of power; instead, the power to move is to be used to lead men to truth”. (shrink)

Ce texte s’intéresse aux conditions de réussite des mécanismes de type commission de vérité et de réconciliation. Il présente deux grilles à partir desquelles il analyse et compare trois cas : la Truth and Reconciliation Commission d’Afrique du Sud, les tribunaux gacaca au Rwanda et la Commission de vérité et réconciliation du Canada sur les pensionnats indiens. La première grille évalue la capacité d’une CVR à promouvoir la justice et la responsabilité. La seconde, leur capacité à (...) favoriser la réconciliation nationale. La thèse défendue est que les CVR relèvent davantage de l’éthique que du droit et du politique. La première grille applique des critères qui relèvent de ces deux derniers registres. Ce faisant, elle ne prend pas en compte la finalité de réconciliation des CVR et faillit à les évaluer correctement. La seconde grille, qui emprunte aux modalités de la justice réparatrice et à l’éthique, corrige ces lacunes. (shrink)

Although the use of truth and reconciliation commissions (TRCs) has grown considerably over the last 3 decades, there is still much that we do not know concerning the choice and the structuring of TRCs. While the literature has focused primarily on the effects of TRCs, we examine the domestic and the international factors influencing the choice of a commission in sub-Saharan Africa from 1974 to 2003 using pooled cross-sectional time series. We find that states which adopted a TRC (...) prior to South Africa were generally repressive centralized regimes which used the truth commission as political cover. However, since South Africa’s TRC, democratizing states have been more likely to adopt a truth commission as a form of transitional justice. (shrink)

In Liberia, much debate has surrounded the truth and reconciliation commission both in the challenges that it faced during its operational stage as well as in the issues surrounding the release and content of its report. This article will critically examine the establishment, proceedings, and findings of the Liberian Truth and Reconciliation Commission in order to draw conclusions regarding what lessons can be learned, what could have been done to make the commission more effective, and (...) how we can learn from this example in applying transitional justice mechanisms for future African conflicts. (shrink)

Official apologies and truth commissions are increasingly utilized as mechanisms to address human rights abuses. Both are intended to transform inter-group relations by marking an end point to a history of wrongdoing and providing the means for political and social relations to move beyond that history. However, state-dominated reconciliation mechanisms are inherently problematic for indigenous communities. In this paper, we examine the use of apologies, and truth and reconciliation commissions in four countries with significant indigenous populations: Canada, Australia, (...) Peru, and Guatemala. In each case, the reconciliation mechanism differentiated the goal of reconciliation from an indigenous self-determination agenda. The resulting state-centered strategies ultimately failed to hold states fully accountable for past wrongs and, because of this, failed to transform inter-group relations. (shrink)

While writing the foreword for this special edition of the International Journal for the Semiotics of Law, I was informed of Dr. Nelson R. Mandela’s death. While saddened with his passing, I was struck by the fact, he was one of the two men who most influenced my study and practice of Restorative Justice; the other was my father. Both passed away while this edition was compiled and edited.In the mid 1990s, I first read about Restorative Justice as an aspect (...) of the Truth and Reconciliation Commission (“TRC”) established by Dr. Mandela in post-apartheid South Africa. I was fascinated by his forgiveness of his oppressors and how he infused the ideals of reconciliation and forgiveness into a court-like hearing. It was an opportunity for the victim of human rights violations to face the perpetrator and tell the perpetrator the extent of the injuries he or she suffered. After the victim spoke, the perpetrator had an opportunity to admit to the wrongdoing, take full responsibility for the har. (shrink)

In February 2012, Canada's Truth and Reconciliation Commission released an interim report that detailed its findings based on extensive testimony by former students of the nation's residential school system, a system designed to forcibly assimilate aboriginal peoples. The report concludes that the state must play an active role in the restoration of indigenous culture and knowledge. It is against this background that Christopher Martin analyzes the idea of aboriginal educational rights. The concern here is not so much with (...) aboriginal persons' right to a fair share of educational provision, but with the aboriginal person's right to reassert authority over his or her developmental interests, including an interest in culture and identity. The specific role of educational rights in such debates remains an important one, especially since such discussions impinge on difficult issues of state sovereignty and cultural rights. In this essay Martin examines various justifications of aboriginal educational rights and develops a Habermasian justification that remains consistent with individual rights. (shrink)

In an era when truth commissions are at the fulcrum of "transitional justice," soliciting the testimony of victims and commanding that of perpetrators in forums other than criminal trials may achieve a dimension of justice lost in traditional juridical proceedings.

Debate about the TRC has become necessary in South Africa today, 20 years since the final Report was handed over to government on 29 October 1998. Assessment of its efficacy and longer-term value is being undertaken, unfortunately, within an environment of intense disillusionment about the promise of constitutional democracy. This paper sets out the environment in which the TRC was established in 1996, its legal and constitutional frameworks, its achievements for creating a climate of reconciliation, for granting amnesty to perpetrators (...) of human rights violations, and for setting a reparations framework. South Africans are conscious of grinding poverty and inequality, pervasive racism, and unfulfilled aspirations of the democratic settlement of 1994. What value, then was the TRC? This paper attempts a fair assessment, seeks to be honest about its grandiose claims, and undertakes a philosophical, political and ethical analysis of its achievements. Drawing on many studies on the TRC it seeks to chart a more rational course than some, noting that circumstances in Africa are such that the TRC is being revisited, The Gambia, for example, being the latest country that has introduced the TRC. Others may follow suit: Zimbabwe, the Democratic Republic of Congo, Burundi, to name a few. (shrink)

In the context of the fairly recent Truth and Reconciliation Commissions (TRC), I examine phenomenologically the nature of truth as the essential condition for overcoming social and political conflicts, and as an instrument for enforcing so-called “transitional justice” periods and promoting reconciliation. I also briefly approach the limits of this truth’s possibility of being recognized, if its evaluative and practical dimensions and its appeal to an “intelligence of emotions” do not prevail over its merely theoretical claims. Though (...) not expounding Schutz’s and Husserl’s contributions, and meditating on phenomena they did not deal with, I carry out this reflection inspired by their work and methodological approach. The case study used as an intuitive illustration is the recent Peruvian Truth and Reconciliation Commission. (shrink)

Drawing on the final report of the Greensboro Truth and Reconciliation Commission and on theology, this essay builds on Miroslav Volf's social Trinitarian account of reconciliation as embrace. Specifically, this essay argues for the necessity of various forms of justice in social and political reconciliation and against the priority of forgiveness in reconciliation argued for by Volf. The heart of this argument is a theological anthropology that claims that to be created in the image of a perichoretic God (...) who is Trinity is necessarily to be interdependent beings. This interdependence is manifest in the interpersonal, social, and political relations that constitute and are constituted by individual humans and the institutions in which they live. Therefore, the creation and maintenance of just institutions is necessary for the formation of persons capable of practicing reconciliation, and for reconciled persons to live within. (shrink)

This article uses a comparative approach to elucidate the ways in which women’s testimony operated in South Africa’s Truth and Reconciliation Commission and in Rwanda’s gacaca courts, to draw out some important lessons for future mechanisms of transitional justice. The author argues that while restorative justice mechanisms allow more space for including women’s own experiences of human rights violation than conventional trials, they may pose greater danger for those who testify. A significant problem resulting from the narratives of (...) both gacaca and the TRC is the way in which a ‘singular woman victim’ emerges that elides the complexity of women’s experiences in collective memory. It is feared that what has emerged from the official discourse of these two truth-seeking mechanisms is a one-dimensional female victim subject – in South Africa, she is of secondary importance, in Rwanda, she can only be Tutsi, and in both cases she is stripped of all agency, where rape becomes definitive of her experience. (shrink)

In this paper, we explore the concept of bearing witness in nursing practice. We examine the description of bearing witness in the nursing literature, particularly that offered by William Cody who suggests that bearing witness results in the limited moral obligation of “true presence.” We then turn to Lorraine Code's work on testimony, drawing parallels between the concepts of testimony and bearing witness. Code suggests that receiving testimony results in a responsibility to respond, and that this is an ethico‐political obligation. (...) We discuss these ideas in relation to a Canadian exemplar of witnessing the Truth and Reconciliation Commission of Canada's work to understand and address the historical injustices done to Indigenous peoples in Canada. Here, we focus on the Commission's definition of witnessing and highlight the experience of Shelagh Rogers who served as an honorary witness. As an outcome of our analysis, we suggest that bearing witness in nursing practice is most usefully conceptualized as both a moral and a political obligation. Implications for nursing practice are suggested, including first, the need to critically examine our own understandings of power and privilege in order to authentically bear witness and avoid being complicit in injustice, and second, the concomitant responsibility to take action to challenge injustice once we have borne witness to it. (shrink)

It has frequently been argued that the post-apartheid Truth and Reconciliation Commission (TRC) was committed to restorative justice (RJ), and that RJ has deep historical roots in African indigenous cultures by virtue of its congruence both with ubuntu and with African indigenous justice systems (AIJS). In this article, I look into the question of what RJ is. I also present the finding that the term ‘restorative justice’ appears only in transcripts of three public TRC hearings, and the hypothesis (...) that the TRC first really began to take notice of the term ‘restorative justice’ after April 1997, when the South African Law Commission published an Issue Paper dealing with RJ. Furthermore, I show that neither the connection between RJ and ubuntu nor the connection between RJ and AIJS is as straightforward and unproblematic as often assumed. (shrink)

The Canadian Truth and Reconciliation Commission has been mandated to collect testimonies from survivors of the Indian Residential Schools system. The TRC demands survivors of the residential school system to share their personal narratives under the assumption that the sharing of narratives will inform the Canadian public of the residential school legacy and will motivate a transformation of settler identity. I contend, however, that the TRC provides a concrete example of how a politics of recognition fails to transform (...) relationships between Native and settler Canadians not only because it enacts an internalization of colonial recognition, but because it fails to account for what I call “settler ignorance.” Work in epistemologies of ignorance and epistemic oppression gives language to explain sustained denial and provide tools to further understand how settler denial is sustained, and how it can be made visible, and so challenged. For this task, Mills’s articulation of white ignorance should be expanded to a consideration of white settler ignorance. Over and above an account of white ignorance, such an account will have to consider the underlying logics of settler colonialism. This characterization of settler ignorance will show that the denial of past and ongoing violence against Indigenous peoples, through the reconstruction of the past to assert the primacy of settlers, is not explainable in terms of a lack of recognition but is rather structural ignorance. (shrink)

Twenty years ago, the Truth and Reconciliation Commission of South Africa ushered in a new era, bringing new tools for societies engaged in transition toward more just circumstances. In New paths in reconciliation, transitional and Indigenous justice, sixteen authors take stock of South Africa's Commission and related political processes arising more recently in New Zealand and Canada. The collection includes critical assessment of those processes and radical challenges to their assumptions concerning sovereignty and just process in the (...) current context of settler-colonial states. This introduction reviews the authors' contributions and introduces background for Indigenous approaches to law and justice, including Indigenous reclamation and resurgence. (shrink)

This paper explores the role of restorative justice in post-genocide reconciliation in Rwanda, focusing on its ethical implications and impact on community healing. Following the 1994 genocide against the Tutsi, Rwanda faced the challenge of addressing survivors' trauma, fostering national unity, and reconciling a divided society. Key initiatives, including the Gacaca court system, emphasized dialogue, accountability, and forgiveness to promote healing. Using restorative justice and social reconstruction theories as its conceptual frameworks, this study examines how restorative justice fosters trust, dignity, (...) and relationship restoration, while addressing ethical challenges. Also, through a desk review of existing literature, reports, and case studies, this study synthesizes key findings on the effectiveness of restorative justice. (shrink)

Retribution? Restitution? Reconciliation? “Justice” comes in many forms as witnessed by the spike in war crimes tribunals, Truth & Reconciliation Commissions, hybrid tribunals and genocide trials. Which, if any form is appropriate should be influenced by the culture of the people affected. It took Cambodia over three decades to finally address the ghosts of its Khmer Rouge past with the creation of a hybrid Khmer Rouge Tribunal. But how meaningful is justice to the majority of survivors of the Khmer (...) Rouge auto-genocide when only a handful of top officials are tried? Further, given the persistent abuse of political and economic rights in post-conflict Cambodia, we are skeptical that justice or reconciliation is presently possible. (shrink)

This article seeks to point out that, the inclusion of a theological term - that is 'reconciliation' to what was supposed to be the 'Truth Commission' - was for the purpose of taming the work of this commission and using reconciliation to merely reach some political accommodation which did not address the critical questions of justice, equality, and dignity which are prominent in the biblical understanding of reconciliation. However, it is important to point out that, the problem (...) was not the theological word - that is 'reconciliation'- but the understanding and interpretation of it in South Africa. This is because previously in South Africa the Bible was made a servant to ideology and thus domesticated for the purposes of subjection and control. As such, this article contends that, the call for the inclusion of 'reconciliation' within the 'truth commission' was not to allow reconciliation to confront the country with the demands of the gospel but to blunt the process of radical change. Therefore, this article will point out that the shortcomings of the South African Truth and Reconciliation Commission need to be understood against the following events which occurred between the period 1989 to 1995: the fall of the Soviet Union ; the National Party's and South African business sector's interest in negotiations with the African National Congress ; the elite compromise ; and the sudden passing of the Promotion of National Unity and Reconciliation Act, no 34 of 1995. This paper will use the story of Zacchaeus to contend that the TRC should have allowed Zacchaeus to testify in order to hear from him what reconciliation means. This is because, on the one hand, this commission made an extraordinary move when it appointed a Christian priest, namely Desmond Tutu, as its chair and on the other hand, the chair - that is Desmond Tutu - made another extraordinary move when he Christianised the whole process of this commission when he opened most of the sessions with prayer, invoking the name of Jesus Christ, and inviting the Holy Spirit to guide the proceedings of this commission. However this commission invoked the name of Jesus Christ and the Holy Spirit for the purpose of forgiveness but ignored what Jesus Christ is asking in terms of justice which is clearly illustrated in the Story of Zacchaeus. Therefore, this article will argue that if Jesus Christ and the Holy Spirit were invited into the processes of this commission, then Zacchaeus too should have been allowed to testify - so to say. (shrink)

ABSTRACTThe conclusion of the Truth and Reconciliation Commission launched a new chapter in Indigenous-state relationships in Canada. Despite many resulting ‘reconciliation initiatives’, there remains considerable discussion as to what form reconciliation should take and for what end. Reconciliation processes must involve Indigenous peoples from the outset and should be founded on Indigenous intellectual and legal traditions. Indigenous peoples’ conceptions of reconciliation differ markedly from state-sponsored views, particularly the view that reconciliation must be achieved among all beings of Creation, (...) including all living things and entities that broader society does not consider to be alive. Indigenous concepts of reconciliation extend discussions beyond human dimensions to encompass reconciliation with the natural world as a path forward to achieve justice. As such, reconciliation must also include discussion of Indigenous environmental justice, as both Indigenous and non-Indigenous peoples need to heal their damaged relationships with each other and to the land. The Anishinaabe concept of Mino-bimaatisiwin the ‘good life’, or ‘living well’) offers guidance for ensuring that balanced relationships among all beings of Creation are maintained. Concepts such as these could provide significant guidance as we work towards achieving a more sustainable and just society through reconciliation efforts. (shrink)

The virtue of forgiveness is controversial. Christianity’s affirmation of it is unusually pronounced. Nevertheless, common experience teaches that self-preservation requires the moderation of resentment; and Christian anthropology, self-reflection and history teach that compassion for perpetrators requires it too. This inner, psychological work of forgiveness is unilateral and unconditional, and I call it ‘forgiveness as compassion’. Some of the work of forgiveness is relational, however, and this should be reciprocal and conditional, refusing to open the door to reconciliation before repentance is (...) forthcoming. I call this ‘forgiveness-as-absolution’. The Peace Process in Northern Ireland has seen little repentance and therefore should see little forgiveness-as-absolution and little reconciliation in the sense of full embrace. No truth commission will be able to achieve a shared interpretation of the past. In the form proposed by the 2009 report of the Consultative Group on the Past (CGP), however, it could help to ‘reconcile’ Unionists to the Peace Process and all parties to a different future. In addition to these attenuated forms of reconciliation, forgiveness-as-compassion could also find expression via the CGP’s ‘recognition payment’ to the families of all those killed in the Troubles, and in transgressions of tribal boundaries such as the attendance of the enemy’s public remembrance ceremonies. (shrink)

Unveiling the Past—Preparing the Conditions for Human Beings to Live in the Midst of One Another Again? A Response From Living in Northern Ireland Content Type Journal Article Category Symposium Pages 333-335 DOI 10.1007/s11673-011-9334-y Authors Derick Wilson, University of Ulster, School of Education, Coleraine, Co. Londonderry, BT52 1SA UK Journal Journal of Bioethical Inquiry Online ISSN 1872-4353 Print ISSN 1176-7529 Journal Volume Volume 8 Journal Issue Volume 8, Number 4.

This research explores the complex relationship between criminal courts, both national and international, truth and reconciliation commissions (TRC), and the Truth and Friendship Commission (TFC) in the context of resolving gross human rights violations in Indonesia. Examining the legal frameworks, the study delves into the dilemma surrounding the prosecution of perpetrators versus the forgiveness approach adopted by TRC/TFC for the sake of national unity. Drawing on Geoffrey Robertson's perspective, it questions the feasibility of pardoning heinous crimes and (...) emphasizes the role of courts in establishing democratic legitimacy. The research aims to clarify criteria for utilizing ad hoc Human Rights Courts and TRC, considering provisions from MPR Decree No. V/MPR/2000 and Law No. 26/2000 on Human Rights Courts. Understanding TRC/TFC as extra-judicial institutions, the study discerns their limitations, specifically addressing human rights violations predating Law No. 26/2000. The research utilizes legal analyses and explores the implications of different approaches on justice, societal trust, and democratic consolidation. Ultimately, it seeks to contribute insights into the effective resolution of past human rights abuses and their impact on Indonesia's legal and social fabric. (shrink)

Canada’s Truth and Reconciliation Commission (TRC) is tasked with facing the hundred-year history of Indian Residential Schools. The South African Truth and Reconciliation Commission is frequently invoked in relation to the Canadian TRC, perhaps because this is one of the few TRCs worldwide that Canadians know. Whilst the South African TRC is mainly applauded as an international success, I argue that loose analogizing is often more emotive than concise. Whilst much indeed can be drawn from the (...) South African experience, it is important to specify the Canada–South Africa analogy. In this article, I do so by focussing on the institutional approach to truth and how this relates to issues of settler/White denial. The South African experience teaches that narrow approaches to truth collude with superficial views of reconciliation that deny continuities of violence. Consequently, I argue that Indigenous–settler reconciliation requires a broad truth that locates residential schools on a continuum of violence, linking extraordinary abuses with structural injustices and historic colonization with lived relationships. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Diacritics 32.3-4 (2002) 33-59 [Access article in PDF] Amnesty or Impunity? A Preliminary Critique of the Report of the Truth and Reconciliation Commission of South Africa (TRC) Mahmood Mamdani The Truth and Reconciliation Commission of South Africa was the fruit of a political compromise whose terms both made possible the Commission and set the limits within which it would work. These limits, in turn, (...) defined the space available to the Commission to interpret its terms of reference and define its agenda. This paper takes the compromise legislation that set up the TRC as a historical given and focuses attention on the TRC's interpretation of its terms of reference.The TRC claimed to be different from its predecessors, whether in Latin America or Eastern Europe. It would practice neither impunity nor vengeance. It was therefore determined to avoid two pitfalls: on the one hand, reconciliation becoming an unprincipled embrace of political evil and, on the other hand, a pursuit of justice so relentless as to turn into revenge. To do so, the Commission was determined to address both "victims" and "perpetrators," not just one or the other.This double determination was first written into the interim constitution that paved the way for the legislation that set up the TRC. First, there would be no blanket amnesty. Amnesty would be conditional. It would not be a group amnesty. Every perpetrator would have to be identified individually, and would have to own up to his or her guilt—the truth—before receiving amnesty from legal prosecution. Second, any victim who is so acknowledged would give up the right to prosecute perpetrators in courts of law. Justice for the victim would thus not be criminal but restorative: acknowledgment would be followed by reparations. In sum, individual amnesty for the perpetrator, truth for the society, and acknowledgement and reparations for the victim—this was the pact built into the legislation that set up the TRC.Since the Act did not clearly define "victim," however, the definition of "perpetrator" was unclear as well. The task of defining "victim" and "perpetrator" was left to the Commission and was the single most important decision that determined the scope and depth of the Commission's work. Without a comprehensive acknowledgment of victims of apartheid, there would be only a limited identification of perpetrators and only a partial understanding of the legal regime that made possible the "crime against humanity." From this perspective, the paper identifies three key limitations in the Commission's Report.First, the TRC individualized the victims of apartheid. Though it acknowledged apartheid as a "crime against humanity" which targeted entire communities for ethnic and racial policing and cleansing, the Commission majority was reluctant to go beyond the formal acknowledgment. The Commission's analysis reduced apartheid from a relationship between the state and entire communities to one between the state and [End Page 33] individuals. Where entire communities were victims of gross violations of rights, the Commission acknowledged only individual victims. If the "crime against humanity" involved a targeting of entire communities for racial and ethnic cleansing and policing, individualizing the victim obliterated this particular—many would argue central—characteristic of apartheid. Limiting the definition of harm and remedy to individuals center-staged political activists as victims of apartheid, as indeed happened with the victim hearings. The consequence was to narrow the TRC perspective to a political reconciliation between state agents and political activists, individual members of a fractured political elite, rather than the "national unity and reconciliation" mandated by the legislation that set it up. To pursue its actual mandate, the TRC needed to broaden its perspective: to work for a social reconciliation between perpetrators and victims required that the relationship between the state and the entire South African people be addressed.Second, by focusing on individuals and obscuring the victimization of communities, the TRC was unable to highlight the bifurcated nature of apartheid as a form of power that governed natives differently from non-natives. If the apartheid state spoke the language of rights to... (shrink)

Historical Justice and Memory highlights the global movement for historical justice—acknowledging and redressing historic wrongs—as one of the most significant moral and social developments of our times. Such historic wrongs include acts of genocide, slavery, systems of apartheid, the systematic persecution of presumed enemies of the state, colonialism, and the oppression of or discrimination against ethnic or religious minorities. The historical justice movement has inspired the spread of truth and reconciliation processes around the world and has pushed governments to (...) make reparations and apologies for past wrongs. It has changed the public understanding of justice and the role of memory. In this book, leading scholars in philosophy, history, political science, and semiotics offer new essays that discuss and assess these momentous global developments. They evaluate the strength and weaknesses of the movement, its accomplishments and failings, its philosophical assumptions and social preconditions, and its prospects for the future. (shrink)

At the 2021 conference of the Society for the Study of Christian Ethics, Linda Woodhead presented a paper entitled ‘Truth and Deceit in Institutions’. Amra Bone was then invited to deliver a response to this paper drawing on her knowledge of Islamic traditions and culture. This article is her response. The article highlights the importance the Qur’anic scripture gives to justice and neither distorting nor refusing to give testimony. It then briefly explores the Arabic term Kufr found in the (...) Qur’an. Whilst more commonly interpreted to mean disbelief, this term literally means hiding or covering up truth. Dishonesty can therefore be equated to disbelief which makes it a very serious matter for Muslims. Therefore ethics determine that the road to greater institutional honesty must be adopted. In Islamic Law the end does not justify the means; rather the outcome rests with God alone and the responsibility given to men and women is to act honestly and ethically. For any institution or society to develop positively, every individual must play their part and take this responsibility seriously and not to rely on a few courageous individuals. (shrink)

As regimes move from illiberal to liberal, post-transition justice methodology has been employed to engender truth and reconciliation. These normative concepts have evolved into a policy of creating truth and reconciliation commissions that trade civil and criminal amnesty with applicants in exchange for information. This bargained-for exchange can be analyzed as an imperfect information game, where the commission attempts to maximize information while the applicant seeks amnesty for the lowest possible price. Using game-theoretic analysis, the authors model (...) the truth-amnesty game and predict the optimal commission strategy. The analysis leads to the recommendation that future transitional justice commissions employ various specific lexicographic ordering strategies to minimize dead weight loss in the transaction. (shrink)