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Journal articles on the topic 'Reconciliation ; Truth commissions ; Zimbabwe'

Author: Grafiati

Published: 4 June 2021

Last updated: 15 February 2022

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1

du Plessis, Max, and Jolyon Ford. "TRANSITIONAL JUSTICE: A FUTURE TRUTH COMMISSION FOR ZIMBABWE?" International and Comparative Law Quarterly 58, no. 1 (January 2009): 73–117. http://dx.doi.org/10.1017/s002058930800081x.

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AbstractAn eventual sustained democratic transition process in Zimbabwe may include a ‘truth and reconciliation’ commission. The need for—and possible form of—any such institution is situated in a number of discussions: the balance of principle and pragmatism that peace deals sometimes require; comparative experiences in other societies and the promise and limits of institutional modelling; the dynamic between global expectations or prescriptions and ground-level exigencies; the interface of international criminal law and institutions with national-level justice processes; the content of the State's international legal duty to afford a remedy. In considering the extent of an international normative framework limiting the justice options of transitional States, a certain margin of appreciation may be appropriate or necessary to enable a society to reconcile with its violent past on its own terms.

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2

Sooka, Yasmin. "Dealing with the past and transitional justice: building peace through accountability." International Review of the Red Cross 88, no. 862 (June 2006): 311–25. http://dx.doi.org/10.1017/s1816383106000543.

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Based on her experience as a member of the South African and the Sierra Leonean truth and reconciliation commissions, the author formulates guiding principles and looks at the circumstances in which a truth and reconciliation commission constitutes an appropriate instrument to deal with transitional justice issues. The author also identifies possible contributions that truth and reconciliation commissions can make during a period of transition.

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3

Hayner, Priscilla B. "Truth commissions: a schematic overview." International Review of the Red Cross 88, no. 862 (June 2006): 295–310. http://dx.doi.org/10.1017/s1816383106000531.

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Numerous truth commissions of different types are being created around the world. The purpose of this schematic overview is to study the variety and to sketch out the differences and similarities between the different truth commissions established since the Truth and Reconciliation Commission of South Africa launched in 1995.

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4

Quinn, Joanna R. "BEYOND TRUTH COMMISSIONS: INDIGENOUS RECONCILIATION IN UGANDA." Review of Faith & International Affairs 4, no. 1 (March 2006): 31–37. http://dx.doi.org/10.1080/15570274.2006.9523235.

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5

Gumede, William. "How effective have African truth commissions been?" African Yearbook on International Humanitarian Law 2020 (2020): 192–208. http://dx.doi.org/10.47348/ayih/2020/a7.

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The study is a critical review of several African countries’ attempts to seek justice, truth and lasting peace after deadly conflict through the mechanisms of transitional justice, specifically through the establishment of truth and reconciliation commissions or equivalent structures. Outcomes for African commissions have been mixed. Some met with genuine success. Some were obviously ineffective, neither uncovering the truth, nor bringing justice to the victims or holding perpetrators accountable. The review will analyse why some African truth commissions have performed better, while others have been widely condemned as failures and missed opportunities. It will outline lessons for other African countries considering setting up truth commissions or related transitional justice mechanisms to tackle the legacies of a violent past, to bring justice, and to forge reconciliation and lasting peace.

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Nkansah, Lydia Apori. "Restorative Justice in Transitional Sierra Leone." Journal of Public Administration and Governance 1, no. 1 (June 21, 2011): 157. http://dx.doi.org/10.5296/jpag.v1i1.695.

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Intense debate surrounds truth commissions as to their mission, perceived roles and outcomes. This paper seeks to contribute to the understanding of truth commissions in post-conflict settings. It examines the Truth and Reconciliation Commission (TRC) for Sierra Leone, the first truth commission to be engaged concurrently with a retributive mechanism, the Special Court for Sierra Leone for transitional justice. The study finds that the TRC provided an opening for conversation in Sierra Leonean communities to search for the meanings of truth about the conflict. In this way the communities simultaneously created an understanding of the situation and set reconciliation directions and commitment from the process of creative conversation. This notwithstanding, the TRC did not have the needed public cooperation because the people were not sure the war was over and feared that their assailants could harm them if they disclosed the truth to the TRC. The presence of the Special Court also created tensions and fears rendering the transitional environment unfriendly to the reconciliation and truth telling endeavors of the TRC. The study has implications for future truth commissions in that the timing for post-conflict reconciliation endeavors should take into consideration the state of the peace equilibrium of the societies involved. It should also be packaged for harmonious existence in a given transitional contexts, particularly where it will coexist with a retributive mechanism.

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7

Vallee, Mickey. "Truth Commission Discourse and the Aesthetics of Reconciliation." Law, Culture and the Humanities 15, no. 3 (September 10, 2015): 728–43. http://dx.doi.org/10.1177/1743872115603665.

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Truth Commissions have come to be regarded as a turning point for post-conflict and post-authoritarian states in transition. In this article, I argue that truth commission testimony, broadly defined to include artistic, cultural, and media productions, must be experienced as forms of affective materiality over discursive inscription. Using as an instrumental case study the Truth and Reconciliation Commission of Canada (2008–2015), I conceptualize testimony as a necessary re-fictionalization of the past, present, and future of a nation. The truth commission discourse, especially in Canada, works to protect the perpetrators by (1) disallowing their identities from entering into the public record, and (2) creating bystanders out of those perpetrators that allows for an innocent and ineffective witnessing. The push for forgiveness harnesses an imperative for truth commissions to idealize and idolize the emotional moment of testimony. It is imperative to resist the spectacle of confession and testimony. But the witness must not be discarded. The witness must be found in those cultural institutions beyond truth commission events to include the aesthetics of reconciliation.

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8

Pfanner, Toni. "Cooperation between truth commissions and the International Committee of the Red Cross." International Review of the Red Cross 88, no. 862 (June 2006): 363–73. http://dx.doi.org/10.1017/s1816383106000579.

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Starting with the usual functions of truth and reconciliation commissions, the article outlines the possibilities for and limits of cooperation by the ICRC with the varying types of commissions. The question as to the degree of such cooperation has mostly been resolved on similar lines to the privilege of non-disclosure in international criminal trials. Within the parameters of its principles of neutrality and impartiality and the operative rule of confidentiality established to enable access to victims of armed conflicts and internal violence, the ICRC has, however, cooperated with such commissions. The author explains some criteria determining the appropriate degree of cooperation and shows some forms it can take. He finally discusses the ICRC's policy vis-à-vis the amnesty provisions of truth and reconciliation commissions, which often preclude the prosecution of persons involved in offences committed during periods of violence.

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9

Maclean, Iain S. "Truth and Reconciliation: Irreconcilable Differences? an Ethical Evaluation of the South African Truth and Reconciliation Commission." Religion and Theology 6, no. 3 (1999): 269–302. http://dx.doi.org/10.1163/157430199x00191.

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AbstractThis article is a theologico-ethical evaluation of the five-volume Report, published in October 1998, of the South African Truth and Reconciliation Commission. It comprises two major parts, the first a summary of the principles and political decisions that led to the formation of the commission and focusing primarily on the first volume, which deals with the TRC's mandate, method, structure and methodology, and on the fifth, which deals with the broader ethical, philosophical and religious principles which underlay that mandate. The second part is a theological and ethical evaluation which draws on the experiences of other such commissions, contemporary South African theologians and ethicists. The Truth and Reconciliation Commission is found to have begun the process of bringing truth and reconciliation together, a process that requires, in addition, constructive action by the state, civil society, particularly churches (and other religions) and individuals, as the bearers of a moral order.

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10

Kusumaningrum, Diah. "Interdependence versus Truth and Justice: Lessons from Reconciliation Processes in Maluku." Jurnal Ilmu Sosial dan Ilmu Politik 20, no. 1 (January 16, 2017): 34. http://dx.doi.org/10.22146/jsp.17998.

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Truth commissions and trials have been applauded as the way to move on from a violent past. Yet, some post-conflict societies managed to move toward reconciliation without the presence, or the effective presence of such formal institutions. This article discusses a number of lessons learned from Maluku, where reconciliation took the interdependence path. Taking on an interpretive, emic approach, it elaborates on the sites and mechanisms of interpendence. It argues that interdependence can be as viable as truth and justice procedures in bringing about reconciliation.

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11

Iwu, Chux Gervase. "Leadership Effectiveness, Truth Commissions and Democratization in Africa." Journal of Social and Development Sciences 2, no. 3 (September 15, 2011): 121–30. http://dx.doi.org/10.22610/jsds.v2i3.661.

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This paper explores the significance of transformational and political leadership in strengthening the capacities of truth commissions as effective mechanisms for democratization in transitional polities. First, the paper sets out to trace some of the conflicting goals and political compromises that attend to the establishment of truth commissions in Africa as well as lack of political will on the part of political leadership. The paper then identifies and discusses major problems that confront the institutionalization of truth commissions as veritable instruments of post-conflict transformation and democratic consolidation in the continent. Drawing insights from South Africa, Sierra Leone, and Nigeria, the paper argues that national reconciliation processes in Africa are characterized by a paradigm shift from the primary concern of leadership choices to those of justice, truth-seeking, granting of amnesty and forgiveness. In conclusion, the paper stresses the role of transformative leadership as crucial to enhancing the capacities of truth commissions in consolidating democracy in post-conflict states.

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12

Jeffery, Renee. "Truth commissions and democratic transitions: Neither truth and reconciliation nor democratization in Nepal." Journal of Human Rights 20, no. 3 (May 27, 2021): 318–38. http://dx.doi.org/10.1080/14754835.2021.1886059.

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13

Webster, David. "Truth and reconciliation in Southeast Asia and the Melanesian Pacific: Potential Canadian contributions and potential lessons for Canada." International Journal: Canada's Journal of Global Policy Analysis 72, no. 1 (February 24, 2017): 120–30. http://dx.doi.org/10.1177/0020702017695215.

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Recent experiences with truth and reconciliation processes in Southeast Asia and the Southwest Pacific suggest that there is a role for historical research and memory in helping to build sustainable peace and stability in new nations—and conversely, that ignoring violent pasts undermines peacebuilding efforts. Two truth commissions have operated in this region, in Timor-Leste (East Timor) and Solomon Islands. There are also calls for truth and reconciliation processes in Indonesia at the national and local levels, including in (West) Papua. As the only Western developed country to have held a full truth commission, Canada could play a powerful role in promoting and supporting mutual dialogue on the implementation of truth and reconciliation outside its borders. We can derive both potential lessons and recommendations for Canadian action to promote truth and reconciliation processes from the cases of Indonesia, Solomon Islands, and Timor-Leste.

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14

Ame, Robert K., and Seidu M. Alidu. "Truth and reconciliation commissions, restorative justice, peacemaking criminology, and development." Criminal Justice Studies 23, no. 3 (September 2010): 253–68. http://dx.doi.org/10.1080/1478601x.2010.502352.

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15

Radevic, Radomir. "Initiatives related to truth and reconciliation in Montenegro: A general overview." Temida 7, no. 4 (2004): 21–22. http://dx.doi.org/10.2298/tem0404021r.

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Concerning the current initiatives for truth and reconciliation, there are no either state nor any other formal institutions (such as commissions or council for truth and reconciliation) which would deal with this problem in Montenegro in more strategically, fundamental and long-lasting way. There are also no indications that such institutions will be established in the near future. It is completely evident that there is a lack of, at first place, political will in Montenegro for starting these processes. Current initiatives for truth and reconciliation in Montenegro are either projects of individuals or certain NGOs, which are most often reflection of personal need or wish for the truth to be found out or announced and processes finally started, or parts of some other projects or programs.

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16

Pathak, Professor Bishnu. "World’s Disappearance Commissions: An Inhumanious Quest for Truth." World Journal of Social Science Research 3, no. 3 (June 8, 2016): 274. http://dx.doi.org/10.22158/wjssr.v3n3p274.

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<p><em>Enforced </em><em>D</em><em>isappearance (ED) is a crime against humanity. </em><em>It has been a long, but neglected history. It is a denial </em><em>of all access to the families, lawyers and the like. </em><em>The families of </em><em>ED persons </em><em>recall the whereabouts the fate of their loved ones dawn to dusk. </em><em>A total of 54 post-countries have experienced having Truth Commissions. Such Commissions identify, investigate and reveal the past wrongdoings hoping to resolve crises. Out of these, 15 Truth Commissions were or are formed focusing more on ED persons to provide justice to the families of the victims and to end impunity prosecuting the (alleged) perpetrators. Ironically, the (alleged) perpetrators have received justice, but families of victims are further victimized. </em><em>The paper is prepared based on the victim-centric approach following the human security theories: Freedom to Perpetrator, Freedom of Perpetrator-Victim, and Freedom at Victim. The Freedom to Perpetrator includes Algeria, Colombia, East-Timor, El Salvador, Jambu-Kashmir, Pakistan, South Africa, Sri Lanka, Uganda and Uruguay; Freedom of Perpetrator-Victim comprises Argentina, Bolivia, Chile and Peru; and Freedom at Victim consists of Nepal.</em><em> Besides, amnesty and reconciliation measures were studied to analyze the failed, moderated and successful Truth Commissions. Nepal’s disappearance Commission has neither amnesty nor reconciliation provision.</em></p>

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17

Androff, David. "A case study of a grassroots truth and reconciliation commission from a community practice perspective." Journal of Social Work 18, no. 3 (June 24, 2016): 273–87. http://dx.doi.org/10.1177/1468017316654361.

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Summary Truth and Reconciliation Commissions represent an innovative model for social work practice. The Greensboro Truth and Reconciliation Commission was a community-based intervention that sought to address lingering social trauma and tension from a 1979 incident of racial violence in North Carolina. This case study analyzes the Greensboro Truth and Reconciliation Commission from a community practice perspective by highlighting relevant aspects of the intervention for social work practice. The intervention is examined along the community practice dimensions of context, theoretical basis, practice model, framing, strategy, and tactics. Each dimension is presented and related to a specific aspect of the Greensboro Truth and Reconciliation Commission case. Findings The historical context of the Greensboro Truth and Reconciliation Commission includes legacies racism, labor exploitation, and violence that was pervasive in the U.S. south, as well as traditions of resistance to oppression. The theoretical underpinnings of the Greensboro Truth and Reconciliation Commission include social constructionism and restorative justice. The Greensboro Truth and Reconciliation Commission falls within the community practice models of neighborhood and community organizing and community capacity development. The intervention was framed as a Truth and Reconciliation Commission and incorporated a strategy of inclusiveness. The community practice tactics of fundraising, outreach and recruitment, research and investigation, and public hearings were employed. Applications This article concludes with assessments of the Greensboro Truth and Reconciliation Commission’s impact and implications for community practice, including current applications of the Truth and Reconciliation Commission model in the U.S. Social workers working in communities can apply the Truth and Reconciliation Commission model and the specific community practice dimensions identified in the case study to empower communities and work to overcome legacies of social injustice, violence, and oppression.

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18

Carranza Ko, Ñusta. "South Korea’s collective memory of past human rights abuses." Memory Studies 13, no. 6 (October 23, 2018): 1113–28. http://dx.doi.org/10.1177/1750698018806938.

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Embedded in transitional justice processes is an implicit reference to the production of collective memory and history. This article aims to study how memory initiatives become a crucial component of truth-seeking and reparations processes. The article examines South Korea’s Truth and Reconciliation Commission and the creation of collective memory through symbolic reparations of history revision in education. The South Korean Truth and Reconciliation Commission recommended a set of symbolic reparations to the state, including history rectification reflective of the truth on human rights violations. Using political discourse analysis, this study compares the South Korean Truth and Reconciliation Commission’s Final Report to the 2016 national history textbook. The article finds that the language of human rights in state sponsored history revisions contests the findings of the truth commission. And in doing so, this analysis argues for the need to reevaluate the government-initiated memory politics even in a democratic state that instituted numerous truth commissions and prosecuted former heads of state.

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19

Chalmers, Jason. "Truth-Telling by Wrong-Doers? The Construction of Avowal in Canada’s Truth and Reconciliation Commission." Canadian Graduate Journal of Sociology and Criminology 4, no. 1 (June 17, 2015): 16–26. http://dx.doi.org/10.15353/cgjsc.v4i1.3745.

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The truth commission has emerged in the last thirty years as a distinct juridical form that views the production of truth as necessary, and in some cases sufficient, for achieving justice. In his history of truth-telling in juridical forms, Michel Foucault conducts a genealogy of avowal (or confession) in western judicial practice; critical to his definition of avowal is that the truth-teller and wrong-doer must be the same subject. In my analysis, I consider avowal in light of a relatively recent judicial innovation: the truth commission, with Canada’s Indian Residential Schools Truth and Reconciliation Commission (TRC) as a particular case. The TRC’s emphasis on the testimony of victims rather than perpetrators means that truth-telling and wrong-doing are decoupled in this juridical form, suggesting that avowal is not a function of truth commissions according to Foucault’s criteria. Does this mean that truth commissions are not involved in truth production, or perhaps that they are not a juridical form in the lineage of those examined by Foucault? The truth commission is a juridical form that Foucault was unable to address because it developed only after his death, and it is possible that it challenges his core understanding of avowal; however, the truth commission also appears to be consistent with trends that he predicted about the role of truth-telling in the modern judicial system.

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20

Andersen, Astrid Nonbo. "The Greenland Reconciliation Commission: Moving Away from a Legal Framework." Yearbook of Polar Law Online 11, no. 1 (April 3, 2020): 214–44. http://dx.doi.org/10.1163/22116427_011010012.

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This article aims to show to what extent ideas and models from the fields of restorative and transitional justice informed the work of the Greenland Reconciliation Commission. The article demonstrates that the idea of processing the past by articulating experiences of both colonialism and neocolonialism dominated the approach taken, and that consequently the legal aspects were only occasionally touched upon. This sets the Greenland Reconciliation Commission somewhat apart from previous truth and reconciliation commissions.

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21

Chicuecue, Noel Muchenga. "Reconciliation: The role of truth commissions and alternative ways of healing." Development in Practice 7, no. 4 (November 1997): 483–86. http://dx.doi.org/10.1080/09614529754323.

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22

Clark, Janine Natalya. "Transitional Justice, Truth and Reconciliation: An Under-Explored Relationship." International Criminal Law Review 11, no. 2 (2011): 241–61. http://dx.doi.org/10.1163/157181211x551390.

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AbstractMuch of the literature on transitional justice suffers from a critical impact gap, which scholars are only now beginning to address. One particular manifestation of this aforementioned gap, and one which forms the particular focus of this article, is the frequently-cited yet empirically under-researched claim that "truth" fosters post-conflict reconciliation. Theoretically and empirically critiquing this argument, this article both questions the comprehensiveness of truth established through criminal trials and truth and reconciliation commissions (TRCs) and underscores the often overlooked problem of denial, thus raising fundamental questions about the reputed healing properties of truth in such contexts. Advocating the case for evidence-based transitional justice, it reflects upon empirical research on South Africa's TRC and the author's own work on the International Criminal Tribunal for the former Yugoslavia (ICTY).

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23

Scheid, Anna Floerke. "Interpersonal and Social Reconciliation: Finding Congruence in African Theological Anthropology." Horizons 39, no. 1 (2012): 27–49. http://dx.doi.org/10.1017/s0360966900008525.

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ABSTRACTWestern scholars studying post-conflict truth and reconciliation commissions often presuppose a sharp divide between interpersonal and social forgiveness and reconciliation. This leads some to question and critique commissions that seek to promote forgiveness and reconciliation at both the interpersonal and the social levels. This project contends that the problem these scholars perceive may be based upon a dichotomy between the individual and the community that is absent in communitarian cultures. African theological anthropologies based on the notions of palaver and ubuntu illustrate that the human person is profoundly formed and preserved by the community, which sustains the individual through the promotion of certain ethical standards. In this context, expressions of interpersonal forgiveness and reconciliation have social ramifications. Cross-cultural discussion with African theologians thus re-situates this debate. African theological anthropology demonstrates the congruence among interpersonal and social expressions of forgiveness and reconciliation based in the community's commitment to the common good.

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Marko-Stöckl, Edith. "My Truth, Your Truth—Our Truth? The Role of History Teaching and Truth Commissions for Reconciliation in Former Yugoslavia." European Yearbook of Minority Issues Online 7, no. 1 (February 9, 2010): 327–52. http://dx.doi.org/10.1163/22116117-90001639.

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25

Stanton, Kim. "Looking Forward, Looking Back: The Canadian Truth and Reconciliation Commission and the Mackenzie Valley Pipeline Inquiry." Canadian journal of law and society 27, no. 1 (April 2012): 81–99. http://dx.doi.org/10.3138/cjls.27.1.081.

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AbstractWhen we talk about truth and reconciliation commissions, we are accustomed to speaking of “transitional justice” mechanisms used in emerging democracies addressing histories of grave injustices. Public inquiries are usually the state response to past injustice in the Canadian context. The Canadian Truth and Reconciliation Commission (TRC) is the result of a legal settlement agreement involving the government, representatives of indigenous peoples who attended residential schools for a period lasting more than a century, and the churches that operated those schools. Residential schools have been addressed in a series of public inquiries in Canada, culminating in the TRC. I argue that some of Canada's previous public inquiries, particularly with respect to indigenous issues, have strongly resembled truth commissions, yet this is the first time that an established democracy has called a body investigating past human-rights violations a “truth commission.” This article considers some of the reasons for seeking a truth commission in an established democracy and looks to a previous public inquiry led by Thomas Berger, the Mackenzie Valley Pipeline Inquiry, for some useful strategies for the TRC as it pursues its mandate. In particular, I suggest that a commission can perform a social function by using its process to educate the broader public about the issue before it.

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Chapman, Audrey R. "Truth commissions and intergroup forgiveness: The case of the South African Truth and Reconciliation Commission." Peace and Conflict: Journal of Peace Psychology 13, no. 1 (March 2007): 51–69. http://dx.doi.org/10.1037/h0094024.

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27

Young, L. A., and R. Park. "Engaging Diasporas in Truth Commissions: Lessons from the Liberia Truth and Reconciliation Commission Diaspora Project." International Journal of Transitional Justice 3, no. 3 (October 16, 2009): 341–61. http://dx.doi.org/10.1093/ijtj/ijp021.

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Nelaeva, G., and N. Sidorova. "Transitional Justice in South Africa and Brazil: Introducing a Gendered Approach to Reconciliation." BRICS Law Journal 6, no. 2 (June 13, 2019): 82–107. http://dx.doi.org/10.21684/2412-2343-2019-6-2-82-107.

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The concept of transitional justice has been associated with the periods of political change when a country emerges from a war or turmoil and attempts to address the wrongdoings of the past. Among various instruments of transitional justice, truth commissions stand out as an example of a non-judicial form of addressing the crimes of the past. While their setup and operation can be criticized on different grounds, including excessive politization of hearings and the virtual impossibility of meaningfully assessing their impact, it has been widely acknowledged in the literature that the Truth and Reconciliation Commission in South Africa can be regarded as a success story due to its relatively strong mandate and widespread coverage and resonance it had in South African society. We would like to compare this commission from the 1990s with a more recent example, the Brazilian National Truth Commission, so as to be able to address the question of incorporation of gendered aspects in transitional justice (including examination of sexual violence cases, representation of women in truth-telling bodies, etc.), since gender often remains an overlooked and silenced aspect in such initiatives. Gendered narratives of transitional justice often do not fit into the wider narratives of post-war reconciliation. A more general question addressed in this research is whether the lack of formal procedure in truth commissions facilitates or hinders examination of sexual crimes in transitional settings.

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McCargo, Duncan, and Naruemon Thabchumpon. "Wreck/Conciliation? The Politics of Truth Commissions in Thailand." Journal of East Asian Studies 14, no. 3 (December 2014): 377–404. http://dx.doi.org/10.1017/s1598240800005531.

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More than ninety people died in political violence linked to the March–May 2010 “redshirt” protests in Bangkok. The work of the government-appointed Truth for Reconciliation Commission of Thailand (TRCT) illustrates the potential shortcomings of seeing quasi-judicial commissions as a catch-all solution for societies struggling to deal with the truth about their recent pasts. The 2012 TRCT report was widely criticized for blaming too much of the violence on the actions of rogue elements of the demonstrators and failing to focus tightly on the obvious legal transgressions of the security forces. By failing strongly to criticize the role of the military in most of the fatal shootings, the TRCT arguably helped pave the way for the 2014 coup. Truth commissions that are unable to produce convincing explanations of the facts they examine may actually prove counterproductive. Following Quinn and Wilson, we argue in this article that weak truth commissions are prone to politicization and are likely to produce disappointing outcomes, which may even be counterproductive.

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Lillie, Christine, and Ronnie Janoff-Bulman. "Macro versus micro justice and perceived fairness of truth and reconciliation commissions." Peace and Conflict: Journal of Peace Psychology 13, no. 2 (2007): 221–36. http://dx.doi.org/10.1080/10781910701271283.

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31

Laplante, L. J., and K. Phenicie. "Media, Trials and Truth Commissions: 'Mediating' Reconciliation in Peru's Transitional Justice Process." International Journal of Transitional Justice 4, no. 2 (June 18, 2010): 207–29. http://dx.doi.org/10.1093/ijtj/ijq004.

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32

Machingura, Francis. "The Reading & Interpretation of Matthew 18:21-22 in Relation to Multiple Reconciliations: The Zimbabwean Experience." Exchange 39, no. 4 (2010): 331–54. http://dx.doi.org/10.1163/157254310x537016.

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AbstractThe mention of the terms ‘healing, truth and reconciliation’, conjure up different meanings across religio-political, social and economical divide in Zimbabwe. This paper seeks to explore the possible implications of the reading of Matthew 18:21-22 in relation to reconciliation in the face of continual and structural violence in Zimbabwe. This rose as a result of the multiple reconciliation undertakings that have been witnessed by the Zimbabweans since the attainment of Independence in 1980. These healing whistles have been sounded in 1980, 1987 and recently 2008 after the brutal violence that took place in different shapes and depth. Most of the victims belonged to both political parties but mostly opposition parties save the violence before Independence as shall be shown in this paper. What is interesting is that, the recent 24-26 July 2009 healing calls by Mugabe are no longer a new phenomenon in Zimbabwe, as they do not produce any positive change on people’s behaviour and attitude; when it comes to how Zimbabwean people should relate and integrate each other without resorting to violence in the face of different political views. Surprisingly the calls for peace, unity, reconciliation, integration and forgiveness have left the Zimbabwean society more: wounded, divided and polarised than healed; and more disintegrated than integrated. How does one reconcile with someone who murdered your father, raped your mother or sister in your face; and that person is not made accountable for his actions but is only asked to apologize? This paper seeks to argue that healing or any reconciliation without the seeking of truth and justice is a goose chasing as it still leaves Zimbabwe a ‘violence infested’ country. I also take issue with Religious Leaders who quote Matthew 18:21-22; as a precursor for unconditional forgiveness on the part of the victim when it comes to reconciliation and healing in Zimbabwe.

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Chavez-Segura, Alejandro. "Can Truth Reconcile a Nation? Truth and Reconciliation Commissions in Argentina and Chile: Lessons for Mexico." Latin American Policy 6, no. 2 (November 17, 2015): 226–39. http://dx.doi.org/10.1111/lamp.12076.

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34

Engert, Stefan. "Diagnose: Versöhnung, unvollendet." Evangelische Theologie 74, no. 5 (October 1, 2014): 349–63. http://dx.doi.org/10.14315/evth-2014-0507.

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Abstract How did the united Germany address the human rights violations of the communist dictatorship in Eastern Germany? This question is particularly intriguing as the process of accounting for the past was interrupted and postponed by the reunification with West-Germany. In spite of having made use of tribunals, lustrations, truth-commissions and reparations, two important reconciliation tools - political apologies and amnesties - have not been used during that time. As a consequence, the reconciliation of the former perpetrators and victims has remained incomplete.

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Al-Marashi, Ibrahim, and Aysegul Keskin. "Reconciliation Dilemmas in Post-Ba'athist Iraq: Truth Commissions, Media and Ethno-sectarian Conflicts." Mediterranean Politics 13, no. 2 (July 2008): 243–59. http://dx.doi.org/10.1080/13629390802127562.

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Avruch, Kevin. "Truth and Reconciliation Commissions: Problems in Transitional Justice and the Reconstruction of Identity." Transcultural Psychiatry 47, no. 1 (February 2010): 33–49. http://dx.doi.org/10.1177/1363461510362043.

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Mutanda, Darlington. "Post-Colonial Violence in Zimbabwe and the Significance of Peacebuilding Premised on Civilian Survival Strategies." Journal of Peacebuilding & Development 14, no. 2 (May 27, 2019): 179–92. http://dx.doi.org/10.1177/1542316619850159.

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Guided by the theory of conflict transformation, this article contributes to knowledge through articulating the significance of peacebuilding that is centred on civilian survival strategies (CSS) of flight, silence, voice, and joining the perpetrators of violence. The purpose is to articulate what could be done to promote reconciliation and build peace in a heavily polarised environment. CSS aid in identifying, from the perspective of the victims and even witnesses, the aspects that need to be built into the reconciliation process in Zimbabwe, and how these can enable reconciliation to take place. The CSS model demonstrated that citizens wanted reconciliation to be effected through truth-telling, ending political violence, and eliminating structural factors that lead to political violence, tolerance, and the mending of relationships. This article thus reveals the utility of reconciliation that benefits from CSS. Zimbabwe can potentially benefit from civilian input in carrying out a locally initiated and durable reconciliation programme.

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Villa-Vicencio, Charles. "Truth Commissions and Transitional Justice: A Select Bibliography on the South African Truth and Reconciliation Commission Debate." Journal of Law and Religion 16, no. 1 (2001): 69–71. http://dx.doi.org/10.1017/s0748081400004318.

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Savage, Tyrone, Barbara Schmid, and Keith A. Vermeulen. "Truth Commissions and Transitional Justice: A Select Bibliography on the South African Truth and Reconciliation Commission Debate." Journal of Law and Religion 16, no. 1 (2001): 73–186. http://dx.doi.org/10.1017/s074808140000432x.

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Roper, Steven D., and Lilian A. Barria. "Why Do States Commission the Truth? Political Considerations in the Establishment of African Truth and Reconciliation Commissions." Human Rights Review 10, no. 3 (March 7, 2009): 373–91. http://dx.doi.org/10.1007/s12142-009-0122-6.

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Hovland, Ingie. "Macro/Micro Dynamics in South Africa: Why the Reconciliation Process Will Not Reduce Violence." Journal of Peacebuilding & Development 1, no. 2 (September 2003): 6–20. http://dx.doi.org/10.1080/15423166.2003.194812506437.

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The reconciliation process in South Africa has been hailed as an astounding example of a non-violent transition to democracy, and its Truth and Reconciliation Commission (TRC) has subsequently served as the starting point for reflections on reconciliation, transitional justice and the possibility of truth commissions in other countries. This article suggests that it is necessary to examine South Africa's reconciliation process more critically, focusing on why it has not brought about a reduction in the high levels of violence. It is argued that the reconciliation process has failed in this respect - despite good intentions - because it has not managed to transform the macro/micro dynamic in South Africa, i.e. the interaction between macro-level divisions and micro-level tensions which have fed off each other throughout South Africa's history. Macro-level violence has included - and still includes - economic policies that generate wealth for a minority while perpetuating the production of poverty for the majority. Micro-level violence includes extremely high levels of violent incidents at an interpersonal and local level. The use of the concept ‘reconciliation’ in post-apartheid South Africa may in certain respects have served as opium for the people - opium that has enabled continued accommodation of the interaction between macro and micro-level violence in the country.

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Paulson, Julia. "The Educational Recommendations of Truth and Reconciliation Commissions: Potential and Practice in Sierra Leone." Research in Comparative and International Education 1, no. 4 (December 2006): 335–50. http://dx.doi.org/10.2304/rcie.2006.1.4.335.

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Levitt, Jeremy I. "Domesticating International Law Through Truth and Reconciliation Commissions: The Case of the Liberian TRC." Proceedings of the ASIL Annual Meeting 104 (2010): 333–36. http://dx.doi.org/10.5305/procannmeetasil.104.0333.

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Ben-Josef Hirsch, Michal. "Ideational change and the emergence of the international norm of truth and reconciliation commissions." European Journal of International Relations 20, no. 3 (July 12, 2013): 810–33. http://dx.doi.org/10.1177/1354066113484344.

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Braithwaite, John. "Many Doors to International Criminal Justice." New Criminal Law Review 23, no. 1 (2020): 1–26. http://dx.doi.org/10.1525/nclr.2020.23.1.1.

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Responsibilities to protect and prevent elite crimes are best energized by enforcement that walks through many doors. Effective deterrence is rarely delivered by the International Criminal Court. Yet deterrence is possible when it patiently cumulates through many doors. Likewise truth, justice, and reconciliation can achieve little through one door and much through many. Opening more doors to the complexly cross-cutting character of survivor guilt with mass atrocities can better open possibilities for future prevention and reconciliation than simply doors to courtrooms that find a criminal on one side of complex sequences of atrocity. The Nuremberg and Tokyo War Crimes Trials opened quickly after World War II. They did not prove to hold keys to truth and reconciliation for Germany until the Eichmann trial finished in Jerusalem in 1962. Why? Still today, non-confession by the U.S. to Hiroshima/Nagasaki as war crimes has meant truncated Japanese reconciliation. Different kinds of doors are needed with crimes like the Dresden and Tokyo fire bombing, the rape of Nanjing and the “comfort women” issue. These have included citizens tribunals, truth commissions, and indigenous justice in cases like Bougainville that rejected the truth commission model. When we reflect upon door diversity, transitional justice turns out not to be very focused on justice or international criminal law, and not to be at all transitional, but rather a maze of doors to justice of diverse kinds that open or close across the longue durée (as developed in the work of Susanne Karstedt).1

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Slotta, James. "Phatic Rituals of the Liberal Democratic Polity: Hearing Voices in the Hearings of the Royal Commission on Aboriginal Peoples." Comparative Studies in Society and History 57, no. 1 (January 2015): 130–60. http://dx.doi.org/10.1017/s0010417514000620.

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AbstractThe truth and reconciliation commissions of Latin America and Africa are paradigms of transitional justice, often regarded as part of the process of transitioning from authoritarian to democratic rule. But truth commissions are also common in first-world settler states, which raises the question of what “transition” such commissions effectuate in Canada, Australia, and the United States. This paper examines the efforts of Canada's Royal Commission on Aboriginal Peoples to resolve a controversy over a government relocation of Inuit families in the 1950s for which the relocatees were demanding compensation. Concurrent with historical controversies in the Canadian courts concerning Aboriginal rights and title, the historical controversy over the relocation raised questions about the Canadian state's ability to “hear the voices” of First Nations people, who objected that their accounts of the past had been disregarded by government-contracted historians and courts alike. I argue that the Royal Commission's efforts to hear the voices of Inuit relocatees, showcased in nationally televised hearings, was a phatic ritual in which communicative contact between marginalized citizens and the state was ritually established. The ritual was presented as a remedy for failures to achieve phatic communion among citizens and state—a condition of communicative contact held up as essential to the realization of liberal democratic ideals. The work of the Royal Commission and other truth commissions highlights the growing prominence of communication, particularly liberal communicative events construed as “open,” “equal,” and “free,” as a concern of both theory and practice in liberal democratic polities.

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Keil, Julie, and Alexander Stegbauer. "The Relationship Between Trust and Truth and Reconciliation Commissions in Post-Conflict Sub-Saharan Countries." Advances in Social Sciences Research Journal 7, no. 7 (August 7, 2020): 882–909. http://dx.doi.org/10.14738/assrj.77.8774.

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Sub-Saharan African countries have conducted Truth and Reconciliation Commissions (TRC) from the early 1970’s to 2020 in twenty-one different countries. TRCs have been chosen by states after armed conflicts, attempted or completed coups or in several cases after contested elections and election violence, in attempt to agree at a common “truth” to the events and to bring reconciliation to individual victims and polarized groups within the state. Most TRCs have claimed the need to build trust in institutions, government and communities as one of the reasons for the conduct of a TRC. However, despite extensive scholarly study of TRCs in general, and some study of sub-Saharan African TRCs (particularly the South African TRC) there is a lack of study of the relationship between TRCs and the development of trust. This study utilizes Afrobarometer data regarding trust in various governmental and quasi-governmental entities in ten Sub-Saharan African states that conducted a TRC. This study concludes that the processes in strong TRCs are related to the improvement in trust in some of the entities, but others are unaffected or show decreases in trust because the processes generally used in the TRC were not effective in creating trust.

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Alexander, Karin, Diana Batchelor, Alexis Durand, and Tyrone Savage. "Truth Commissions and Transitional Justice: Update on a Select Bibliography on the South African Truth and Reconciliation Commission Debate." Journal of Law and Religion 20, no. 2 (2004): 525. http://dx.doi.org/10.2307/4144673.

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Nesbitt, Michael. "Lessons from the Sam Hinga Norman Decision of the Special Court for Sierra Leone: How trials and truth commissions can co-exist." German Law Journal 8, no. 10 (October 1, 2007): 977–1014. http://dx.doi.org/10.1017/s207183220000612x.

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Sierra Leone is a poor nation in the midst of a laudable campaign to bring justice and reconciliation to a people desperately in need of it. Having suffered through the scourge of a decade long civil war, the nation employed two distinct yet related institutions to take a leading role in this campaign. Uniquely, the Government of Sierra Leone (GoSL) sought the assistance of the United Nations (UN) in setting up the world's first “hybrid tribunal”, named the Special Court for Sierra Leone (SCSL), to work alongside the already conceived of Truth and Reconciliation Commission (TRC). These two institutions were to employ different procedures and, to an extent, different objectives in the hopes of achieving peace, justice and reconciliation.

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BISSET, ALISON. "The Privilege Against Self-Incrimination in Truth Commission-Administered Accountability Initiatives." Leiden Journal of International Law 30, no. 1 (December 13, 2016): 155–76. http://dx.doi.org/10.1017/s0922156516000613.

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AbstractIn recent times, transitional justice practice has increasingly seen truth commissions tasked with administering accountability programmes, distinct from, and in addition to, their traditional truth-seeking role. Such accountability schemes typically take the form of granting or recommending amnesty for those who disclose involvement in past crimes or facilitate reintegration on the basis of similar disclosures. Self-incriminating disclosures made in the course of traditional truth commission proceedings generally attract a robust set of legal safeguards. However, the protections within transitional accountability schemes administered by truth commissions tend to be less stringent. This article explores this anomaly, focusing particularly on the extent to which the privilege against self-incrimination is protected within truth commission-administered accountability programmes. It considers the programmes operated to date, and the levels of protection afforded, and demonstrates a lack of consistent practice in the safeguarding of individual rights within these programmes. It examines international legal standards on the privilege against self-incrimination and questions whether the procedures operated by accountability programmes can be reconciled with international norms in order to protect those who make self-incriminating disclosures within accountability initiatives. The article argues that a failure to ensure individual rights against self-incrimination risks compromising the efficacy of the programmes themselves and the contribution that they can make to long-term peace and reconciliation in transitional states.

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