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Truth Commissions and Transitional Societies The
Impact on Human Rights and Democracy 1st Edition Eric
Wiebelhaus-Brahm Digital Instant Download
Author(s): Eric Wiebelhaus-Brahm
ISBN(s): 9780415553216, 0415553210
Edition: 1
File Details: PDF, 1.70 MB
Year: 2010
Language: english
Truth Commissions and Transitional
Societies
Despite the increasing frequency of truth commissions, there has been little
agreement as to their long-term impact on a state’s political and social devel-
opment. This book uses a multi-method approach to examine the impact of
truth commissions on subsequent human rights protection and democratic
practice.
Providing one of the first cross-national analyses of truth commissions and
presenting detailed analytical case studies on South Africa, El Salvador,
Chile, and Uganda, author Eric Wiebelhaus-Brahm examines how truth
commission investigations and their final reports have shaped the respective
societies. The author demonstrates that in the longer term, truth commissions
have often had appreciable effects on human rights, but more limited impact
in terms of democratization. The book concludes by considering how future
research can build upon these findings to provide policy-makers with strong
recommendations on whether and how a truth commission is likely to help
fragile post-conflict societies.
This book will be of interest to students and scholars of Transition Justice,
Human Rights, Peace and Conflict Studies, Democratization Studies, Inter-
national Law, and International Relations.
Editorial Board:
Mohammed Ayoob, Michigan State University
Richard Caplan, University of Oxford
Neta Crawford, Boston University
Stuart Croft, University of Birmingham
Donatella della Porta, European University Institute
Michael Doyle, Columbia University
Lynn Eden, Stanford University
Takashi Inoguchi, University of Tokyo
Elizabeth Kier, University of Washington
Keith Krause, Graduate Institute of International Studies, Geneva
Bruce Russett, Yale University
Timothy Sisk, University of Denver
Stephen Stedman, Stanford University
Janice Gross Stein, University of Toronto
Mark Zacher, University of British Columbia
This series reflects the broadening conceptions of security and the growing
nexus between the study of governance issues and security issues. The topics
covered in the series range from issues relating to the management of terror-
ism and political violence, non-state actors, transnational security threats,
migration, borders, and “homeland security” to questions surrounding weak
and failing states, post-conflict reconstruction, the evolution of regional and
international security institutions, energy and environmental security, and
the proliferation of WMD. Particular emphasis is placed on publishing
theoretically informed scholarship that elucidates the governance mechan-
isms, actors and processes available for managing issues in the new security
environment.
Eric Wiebelhaus-Brahm
First published 2010
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
Simultaneously published in the USA and Canada
by Routledge
270 Madison Avenue, New York, NY 10016
Routledge is an imprint of the Taylor & Francis Group,
an informa business
List of tables xi
Preface xii
Acknowledgments xiv
PART I
Truth-seeking as an article of faith 1
1 An inconvenient truth 3
2 Uncovering the truth: theorizing truth
commission expectations 22
PART II
Experiments in truth 33
PART III
Truth commissions in cross-national context 127
Over the years, my interest in transitional justice has been supported and
nurtured by many individuals. There are several people without whom this
book would never have been completed. My dissertation committee of David
Brown, Heidi Burgess, Roland Paris, Steve Poe, and Jim Scarritt provided
encouragement that the project was important and doable. What is more,
they pushed me to fine tune the theoretical and methodological approach that
resulted in a much stronger final product. Roland has been a valuable mentor,
pushing me and encouraging me when I hit what seemed like insurmountable
obstacles. His confidence in me and in the project has been invaluable.
Many others also helped to make this book a reality. I received valuable
feedback on various parts of this project at a number of conferences over the
last few years. In particular, I am grateful to the participants of the “Responses
to Atrocity” Workshop held in Madison, Wisconsin, in April 2007. I have
gained immeasurably from conversations there and since. In addition, since
mid-2007, I have benefited from the unique perspectives of the contributors to
the International Institute of Higher Studies in Criminal Sciences (ISISC)’s
“Fighting Impunity and Promoting International Justice” project.
I am grateful for the support of the Political Science Department at the
University of Colorado at Boulder, which enabled me to complete much of
the early work on this project. Beyond my dissertation committee, my ideas
were shaped in important ways by a number of faculty members. In particu-
lar, Steve Chan and David Leblang provided valuable feedback on early
elements of the project.
I am fortunate to have had a bright, supportive cohort of graduate
students during my years at Boulder. I could not have gotten through gradu-
ate school without them. In particular, Jason Jordan, Charles Lu, Bill Muck,
Julian Ouellet, and Murat Ozkaleli were valuable, constructive critics of the
project. I am grateful to have them as lifelong friends.
I would like to give thanks to the series co-editors, Fiona Adamson, Roland
Paris, and Stefan Wolff, for their enthusiastic support of the project and to
Heidi Bagtazo and Lucy Dunne at Routledge for patience and guidance in
guiding the book through the publishing process. I am also grateful to Ian
Acknowledgments xv
Howe for his careful editing of the manuscript. In addition, Routledge’s three
anonymous reviewers offered suggestions on earlier drafts of the manuscript
that have dramatically improved the final product.
Finally, this project could not have been concluded without the love and
support of my wife, Yvonne. It is no exaggeration to say that this book would
not have been completed without her. She is a valuable critic and editor. More
importantly, her confidence in my ability to complete the project never
wavered. Her faith sustained me through the difficult times and made the
good times what they are.
While I am grateful to everyone for their help and support in bringing this
project to fruition, the book’s faults remain my own.
Eric Wiebelhaus-Brahm
Part I
Truth-seeking as an article
of faith
1 An inconvenient truth
There are four key characteristics that distinguish truth commissions from
other types of investigative commissions. First, they focus on past events,
though often the recent past; a truth commission does not examine con-
temporary abuses. Second, truth commissions investigate a pattern of abuses
that often span an entire political era, which may be a period of civil conflict
or a government’s tenure in office. In its mandate, the truth commission is
given the parameters of its investigation both in terms of the time period
to be covered as well as the types of human rights violations to be explored.
Third, truth commissions are temporary. Typically, they have operated over a
period of six months to two years before completing their work by submitting
a report. Fourth, although they are independent, truth commissions are
officially sanctioned, authorized, or empowered by the state. Based upon
this definition, in the three decades up to early 2009, over two dozen truth
commissions, listed in Table 1.1, have been created around the world.
Many transitional states have faced the dilemma of how to deal with those
responsible for past human rights violations. The truth commission option
has become particularly attractive for the many transitions that resulted
not from a decisive victory by one side of the conflict, but by negotiated
settlement.2 In these situations, perpetrators of human rights abuses often
retain some influence over the course of the transition. As such, they have
the ability to disrupt fragile post-conflict societies if confronted with the
prospect of punishment. It has become widely accepted that truth commis-
sions can play a constructive role in these delicate transitional situations by
balancing victims’ desire for some form of accountability with the practical
recognition that perpetrators who retain power can wreak havoc with the
transition if they feel threatened. For most human rights activists, truth
commissions are a step forward until such time as prosecutions are possible.
At the same time, in recent years, truth commissions have been increasingly
promoted as a uniquely victim-centered component of a multi-pronged tran-
sitional justice strategy.3 By providing a venue in which victims can tell
their stories and have them officially acknowledged, truth commissions may
be therapeutic and empowering. Such an approach may also help promote
individual and societal reconciliation. In addition, truth commissions can
reach more individual victims and perpetrators than trials, particularly if
the judicial system is in poor shape. Therefore, truth commissions may
have broader affects than prosecutions. What is more, a truth commission’s
usual focus on institutional shortcomings rather than individual account-
ability may put this form of transitional justice in a better position to prompt
reforms and make the repetition of such abuses less likely. For some, truth
commissions theoretically compare favorably to trials for all of these reasons.
At the same time, it is possible to overstate the support for truth com-
missions among human rights policy-makers and activists. Most see truth
An inconvenient truth 5
Sources: Bronkhorst 1995, Hayner 1994, Hayner 2001, United States Institute of Peace n.d.,
Freeman 2006.
Dangerous truths
A second group of critics see truth commissions as potentially danger-
ous. After all, “truth” has historically been the cause of much violence.50
Transitional justice mechanisms such as truth commissions may generate
resentment and insecurity.51 For victims, the lack of punishment for perpet-
rators may seem a travesty and vigilante justice might seem an attractive
antidote. For perpetrators, truth commission proceedings may threaten their
16 Truth commissions and transitional societies
reputations and social position, to say nothing of potentially subjecting them
to future prosecution. As a result, both sides may consider extra-constitutional
tactics in support of their interests. Furthermore, some observers express
skepticism that a truth commission can eliminate the competition over writ-
ing history that is often waged by the various sides of the conflict and
between victim and perpetrator. In Latin America, Leon argues that
For victims, too little has been done, while for perpetrators, and perhaps
bystanders, too much. In such a situation, neither victims nor perpetrators
may be prepared to back down.
For victims and human rights activists, truth commissions may be objec-
tionable because they harm the rule of law and are unfair. As one observer
put it, truth commissions are “deals with the devil . . . flawed compromises
between those seeking justice and those trying to obstruct it.”53 If society
is to open a new era, constructing the rule of law is often an important
component. However, what kind of start is it if perpetrators are let free?
By foregoing punishment, it may reinforce the notion that some people
are above the law and reduce the incentive for others to play by the rules.
For perpetrators, even the limited accountability offered by truth com-
missions may be too much, and they often have the power to act upon
their insecurities. Some commissions have “named names” of suspected
perpetrators in their final report. Others have passed names on to the
government in sealed documents that have sometimes been leaked. Although
there has rarely been any direct consequence for being named, instances of
vigilante justice have occurred in some countries. As an alternative, therefore,
critics in this camp advocate amnesties or official amnesia. They argue that
such a strategy facilitates democratization and the rule of law by removing
the incentive for the powerful to obstruct the process.54 Amnesties have been a
common means to reduce the threat perceived by perpetrators during tran-
sitional periods. According to truth commission critics, it is the result of these
amnesties, rather than the commission itself, that is more significant in the
apparent successes of truth commissions.55 Like the other views of truth
commission impact, however, this brand of skepticism has failed to marshal
convincing empirical evidence.
An inconvenient truth 17
Charting a course forward
How do observers look at the same cases and reach such radically different
conclusions? In the literature, conceptual definitions vary, measurement of
often very abstract concepts is imprecise, evidence is generally anecdotal, and
impact is frequently based on perceptions.56 Many of the alleged effects are
concepts that are difficult to operationalize in order to observe empirically.
A second set of issues is methodological. All too often, there is little atten-
tion to carefully tracing causality. Complicating things further, assessing
truth commissions is a moving target. Studies undertaken at different points
in time may reach different conclusions about the impact of the same com-
mission. This study is no different and, because we are dealing with long-term
processes, the findings should be considered provisional. Of the studies
to date, most stop at the initial reception of the truth commission’s final
report.57 The relative absence of a longer-term perspective means that it
is unclear whether a failure to act immediately allows time for the situation
to ripen or recommendations to become lost in the morass of other pressing
issues. Finally, none of these perspectives on truth commission effects have
clearly distinguished whether it is the truth commission itself or antecedent
conditions that produce the outcome of interest. In the relative absence
of evidence, arguments are based on beliefs about what is the “right” thing
to do.
The stakes in this controversy are high because truth commissions continue
to be a staple of post-conflict peacebuilding. Particularly when looking
beyond the immediate transition period, we have little sense of whether truth
commissions are positive, negative, or inconsequential. If truth commissions
do produce desirable outcomes, they should be promoted more energetically.
Although they hold intuitive appeal for many, if some critics are correct,
establishing truth commissions in delicate post-conflict situations may have
potentially dire consequences. By contrast, if truth commissions are ineffec-
tual, at minimum the international community needs to recalibrate expect-
ations. Most importantly, such a conclusion should lead to a theoretical
overhaul of truth commission practice and a careful reconsideration of
whether money devoted to truth commissions may be better spent on other
post-conflict needs.
In the pages that follow, I begin adjudicating among these claims by
examining the impact of truth commissions on democratic development and
human rights protection. By selecting these criteria, I do not mean to imply
that they are superior to other hypothesized benefits of truth commissions.
However, a connection to democracy and human rights promotions has
figured prominently in justifications of truth commission projects. What is
more, they are two of the claims that are most amenable to comparative
analysis. Although they are multi-faceted concepts that are methodologi-
cally challenging, in contrast to other possibilities, there is a rich empirical
literature on democracy and human rights from which to draw.
18 Truth commissions and transitional societies
As my multi-method approach reveals, the relationship between truth
commissions and patterns of democracy and human rights protection is
a complex one. An examination of South Africa, Chile, El Salvador, and
Uganda indicates that, in a variety of unique, often difficult political environ-
ments, truth commissions have prompted human rights reforms to varying
degrees. However, this is not to suggest that critics are entirely wrong.
The reforms in most of these countries, which are often touted as truth
commissions success stories, have been frequently undermined by crime and
continued violence. In Chile, for example, there is evidence to suggest that
some post-commission violence was a direct result of dissatisfaction with
the truth commission process. Furthermore, the statistical findings pre-
sented in Chapter 7 indicate that human rights situations have generally
declined following truth commissions. While the foundations for human rights
improvement, however limited, may be laid by truth commissions, it is often a
long time, if ever, before prospective gains are realized in practice. Moreover,
the case studies indicate that victims are often not satisfied with truth alone.
Perhaps unsurprisingly, they want compensation and the punishment of
their tormentors. Whether they get either is a function of subsequent political
circumstances. In general, although truth commissions have had a hand
in human rights reforms and subsequent transitional justice measures, it is
likely that many of these effects would have been realized by other means.
Truth commissions are neither necessary nor sufficient for these outcomes.
The effect of truth commissions on democracy is more uneven and indirect.
The rules governing the political system, such as the relationships between
different branches of government and electoral rules, are usually holdovers
from pre-transition constitutions or determined in the negotiations that
brought the conflict to an end. Nonetheless, in some instances, the implemen-
tation of truth commission reform recommendations has affected democracy
subtly. Examples include strengthening the judiciary or enhancing civilian
oversight of the military. In some instances, truth commission revelations
also have weakened individuals who had previously successfully blocked
reforms. In the rare instances where there is some indication that truth com-
missions have influenced democracy, it often appears that the impact could
have been realized in the absence of the truth commission.
These conclusions are preliminary because this study cannot provide the
final word on the consequences of truth commissions for democratization
or human rights. Confronting historical injustice is a complex, evolving
process. As such, assessments may differ in future. This point becomes
clear when considering Chile’s long process of dealing with its past, which is
the subject of Chapter 4. Nonetheless, the four truth commissions exam-
ined in this book all began more than a decade ago. To varying degrees, the
truth commission’s work is a matter of public record in these four countries
and, therefore, can conceivably contribute to further changes. However, Chile
aside, in most instances, the political momentum from the investigations
appears to have passed.
An inconvenient truth 19
The plan of the book
The remainder of the book details the basis for these conclusions. Chapter 2,
which concludes Part I, provides the theoretical and methodological
foundation of the project. After elaborating on the relevance of democracy
and human rights as measures of truth commission assessment, the research
design is explained. Throughout the book, a variety of methods are employed
to examine this methodologically difficult question. First, a series of case
studies is utilized to trace the potential impact of the truth commission
experience and its final report on such things as political reform, additional
transitional justice measures, as well as popular and elite perceptions. In
Chapter 2, I explain my case selection logic and the types of evidence that
I will be seeking from them. Brief counterfactuals and quasi-experimental
vignettes of countries with similar antecedent conditions that did not create
truth commissions are occasionally provided in order to gain a sense of
how the countries might have developed without the commissions. Second,
Chapter 2 explains the value of the cross-national statistical study presented
in Chapter 7. By providing one of the first large-N comparative assessments
of truth commission impact, the quantitative methods in Chapter 7 serve as a
complement to the case studies. While qualitative methods are effective in
tracing the potentially long, complex processes through which truth commis-
sions may affect democracy and human rights, large-N statistical studies
can highlight whether the effects observed in the four case studies hold
true for the broader population of cases. The complicated empirical and
methodological issues inherent in the project ensure that the following pages
contribute to a conversation on impact rather than providing the final word.
The four chapters in Part II contain case studies of South Africa, Chile,
El Salvador, and Uganda. Each examines the extent to which their respective
truth commissions have influenced the course of democracy and human
rights protection in each country. These cases were selected to achieve vari-
ation in terms of geography and culture, the degree of international involve-
ment, the composition of the commission, and the relative degree of perceived
success by outside observers. In addition, all four commissions were initiated
at approximately the same time and completed their work several years ago,
thereby providing some historical distance with which to judge impact. In
addition to cataloging the implementation record of the truth commissions’
recommendations, their consequences for democratic development and
human rights practices in each post-transition society are considered. I look
first at whether recommendations have instigated institutional reforms that
support democracy and the protection of human rights. Second, I explore the
degree to which perpetrators have been held accountable for their crimes.
Third, I examine how the truth commission experience has shaped the polit-
ical and social perceptions of elites and the masses.
Chapter 3 begins by looking at South Africa’s Truth and Reconciliation
Commission (TRC), the most influential truth commission to date. While it
20 Truth commissions and transitional societies
is widely lauded around the world, at least with respect to the consequences
for human rights and the democratization process, the results have been
disappointing thus far. By the end of the 1990s, the prominence of the TRC
and discussions about the past left many South Africans fatigued. Whereas
the TRC’s revelations seem to have had a mixed effect on the public, political
elites appear content to leave the past behind except when it serves a
rhetorical purpose, as is evidenced by the lack of action on commission
recommendations.
Chapter 4 traces the turbulent battles over the past in Chile’s post-
authoritarian period and gauges progress on democracy and human rights.
The Chilean commission, which was one of the inspirations for South Africa,
did not reduce the contentiousness of the past. However, the commission’s
revelations provided the foundation for subsequent domestic and inter-
national legal efforts that have been fruitful in terms of judicial accountability
for the past. Discrediting the perpetrators of past abuses has created political
openings for institutional reforms that appear to have made Chile more
democratic and more likely to avoid future systematic human rights abuses.
A brief overview of Brazil reveals that avoiding an official reckoning with the
past has resulted in a police force that remains largely above the law and the
persistence of questions surrounding the past.
Chapter 5 explores El Salvador’s experience with truth-seeking. In con-
trast to South Africa and Chile, El Salvador’s truth commission was an
almost wholly international effort. With few local advocates, an amnesty
was swiftly enacted after the truth commission and the past has faded as a
prominent issue. Over fifteen years later, the country faces significant
challenges and the truth commission’s influence has been relatively limited.
Many who were implicated in past human rights abuses have been eased out
of their positions, although with few other consequences. Overall, however,
El Salvador appears to have developed a more robust institutional structure
with which to resist a return to the past, at least compared to its neighbor
Nicaragua. At the same time, the Salvadoran commission’s detachment from
Salvadoran society may be reflected in the fact that the public seems willing to
accept a return to authoritarianism should such a system prove effective in
combating crime.
Finally, Chapter 6 examines Uganda’s decade-long truth commission.
Of the four commissions, it was by far the weakest. Conducted in the midst
of continued armed conflict and starved of resources, the commission has
made only a minor contribution to post-transition Uganda. Nonetheless, the
truth commission has not worsened the situation. Moreover, despite the short-
comings of the Ugandan commission, it has left the country in a better
position than Ethiopia, where the victorious Meles Zenawi-led government
has fought multiple civil wars and used long, drawn-out trials to take revenge
on the deposed Derg government.
To explore whether these findings are generalizable, Chapter 7 uses a
two-stage least-squares regression technique to examine the ability of truth
An inconvenient truth 21
commissions to advance the causes of democracy and human rights. Does
the pattern of limited positive impact on human rights and rare benefit for
democracy observed in Part II apply to all truth commissions? The answer
is mixed. Contrary to the case study findings, in general, human rights viola-
tions actually tend to increase in the aftermath of a truth commission.
By contrast, the statistical results with respect to democracy yield similar
findings as the case studies. In general, truth commissions do not have a
statistically significant effect on democracy. Part III concludes by discussing
some hypotheses to explain these conflicting findings.
In Part IV, Chapter 8 considers the future of empirical truth commission
research. The results of the case studies and statistical models reveal complex
relationships between truth commissions and democracy and human rights.
The findings suggest that some of the salient differences among truth com-
missions and the environments in which they operate have been significant in
shaping whether and how they have made contributions in the post-transition
era. Interestingly, not all of the truth commission attributes that activists
recommend appear to be of major importance, at least for democracy
and human rights. These lessons are important for the continually evolving
practice of transitional justice. What is more, they can inform the next
generation of empirical research. I also discuss the challenges presented
by moving this research program forward, especially the importance of
obtaining additional data on more cases to enable a richer understanding
of truth commission impact.
2 Uncovering the truth
Theorizing truth commission
expectations
— Miten haluatte.
— Tulkaa.
— Ottakaa ilmaiseksi.
— Tulee välttämättä.
— Hehe!
— On.
— Itse Herzen.
— Vihiltäkin?
— Sen jälkeenkin.
‒ En. Sen hän on varmasti tekevä, koska hän tuntee teitä kohtaan
ainaista, todellista ja kaikkein täydellisintä vihaa, jossa joka hetki
välähtelee myös rakkautta ja… mielettömyyttä… mitä vilpittömintä ja
äärettömintä rakkautta sekä — mielettömyyttä! Aivan päinvastoin
kuin siinä rakkaudessa taas, jota hän tuntee minua kohtaan ja joka
samoin on aivan vilpitöntä, joka hetki välähtelee mitä valtavinta
vihaa! En olisi koskaan aikaisemmin voinut kuvitellakaan… tällaisia
metamorfooseja mahdollisiksi.
Pjotr Stepenovitš tiesi kyllä aivan hyvin, että oli ehkä hieman liian
uskallettua käyttää tällaisia käänteitä, mutta kiihoittuneena ollessaan
hän uskalsi heittäytyä mihin tahansa, — kunhan vain ei jäänyt
mistään epätietoiseksi. Nikolai Vsevolodovitš naurahti vain…
— Tiedän jo keinonne.
— Tuskinpa vain, se on vielä salaisuus. Mutta pitäkää mielessänne,
että salaisuus maksaa rahaa.
Meikäläisten parissa.
I.
II.
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