Reconciling The Past: The Role of Truth Commissions

 

Media reports of state sponsored torture, mass graves being found by Kurds and other disappearances in Iraq, leads one to re-examine how states cleanse their past, in order to protect the peace of their future.

In the U.K., The Stevens 3 Inquiry is a reminder of how some regions require special investigative powers in order to clear the air of previous regimes and state sponsored crimes, following allegations of "collusion" between British Military Intelligence officers and Provisional paramilitaries to kill Catholics in Northern Ireland. The Force Research Unit The Scottish military intelligence officer who controlled an ultra A second tribunal into the results of "Bloody Sunday" in which 13 peace campaigners were killed by security forces is still ongoing, and it is hoped, will demonstrate that justice has been dealt with adequately enough to allow the province to continue down the peace road. Bloody Sunday Inquiry

State sponsored terrorism during the apartheid era in South Africa required a Truth and Reconciliation Commission which was based on the Promotion of National Unity and Reconciliation Act, No 34 of 1995 Its reason for being was;

"...a commission is a necessary exercise to enable South Africans to come to terms with their past on a morally accepted basis and to advance the cause of reconciliation..."

Mr Dullah Omar, former Minister of Justice,


It is hoped that the oppressive years can be dealt with by the Commission in dealing with the "apartness" and security issues which surrounded the South African apartheid regime. South Africa's Apartheid Era and the Transition to Multiracial Democracy

Chile too has had consistent problems in the search for answers to the State sponsored regime under General Augusto Pinochet, where murder, torture and disappearances were widespread Guardian | Chile under Pinochet - a chronology and in which the enquiries of Judge Guzman have tried to eradicate, in order to promote future Chilean reconciliation. Less success has been found here because of the Pinochet's Amnesty laws, the retained rights of Pinochet's appointees to the judiciary and difficulties of obtaining evidence from supporting nations Pinochet Arrest Hailed (Human Rights Watch Press release,December 1, 2000)

The development of the Chilean Judicial Reform Law in 2003 is anticipated to change things, but not by much according to the cynics. 1997 Human Rights Report - Chile In addition, the complication of French, Spanish and British legal involvement in Pinochet has led to awkward and embarrassing questions. Indeed the former U.S. Secretary of State Henry Kissinger could have faced an extradition request to Chile, because of the incriminating evidence surrounding the murder of the former Chilean ambassador Letelier and Operation Condor Guardian Unlimited | Special reports | Kissinger may face extradition to Chile in yet another external thread to the Chilean difficulty.

SUMMARY


What is fundamentally clear from any brutal regime change is the need to clarify what has happened, where and when. Determine who was responsible for the events and why, and distinguish what will be done with the perpetrators accused. From Europe (Northern Ireland) to South Africa and South America's (Chile) the need is the same, regardless of the society, to resolve state crimes accordingly.

As a consequence many old scores can be settled within an informal tribunal type system (as in the South African model) serving to dilute the sectarian, political and religious grievances / divides which have lain dormant during the Saddam Hussein Ba'ath party regime, and which threaten not only the future peace of Iraq, but potentially the entire Middle East.

Memories of murder, torture and the disappeared runs through generations, generating a breeding ground from the aggrieved for an injustice which will seem to be an overwhelming obstacle in order to "continue to look for them and for answers as to what happened to them and why" Project Disappeared: Chile to enable them to bury the past, which many of the Commissions and Inquiries will be trying to secure on the road to reconciliation. Project Disappeared - Argentina

The reactivation of the Irish Republican Army in Northern Ireland reflects how a virtual dormant force after the 1916 Easter Rising became a prominent force in the paramilitary forces of Northern Ireland from around 1969, and a global threat to peace following the break up of the former U.S.S.R. and capacity to obtain or sabotage a nuclear arsenal potential between 1989-91.

In Iraq, the Kurds, Shia, Sunni and a multiple range of groups will find just cause for grievance against the Saddam Hussein regime, and seek redress in the future which should be addressed with honesty and contrition in order to mean something to the aggrieved.

Further Truth Commissions and Inquiries will also be needed in Palestine, Israel and Colombia after decades of conflict in order to put an end to the "blame-game" and provide a supporting basis for the rebuilding of many shattered lives. PPG : Policy Solutions | Israel-Palestine PPG | Policy Issues | Colombia

Copyright S Coleman 2003 18 April 2003

1997 Human Rights Report - Chile

Bloody Sunday Inquiry

Guardian | Chile under Pinochet - a chronology

Guardian Unlimited | Special reports | Kissinger may face extradition to Chile

Pinochet Arrest Hailed (Human Rights Watch Press release,December 1, 2000)

PPG | Policy Issues | Colombia

PPG : Policy Solutions | Israel-Palestine

Project Disappeared - Argentina

Project Disappeared: Chile

Promotion of National Unity and Reconciliation Act, No 34 of 1995

South Africa's Apartheid Era and the Transition to Multiracial Democracy

The Force Research Unit The Scottish military intelligence officer who controlled an ultra

The Stevens 3 Inquiry

Truth and Reconciliation Commission