E.
Professor Jeremy Sarkin: Legal and Normative Frameworks for Truth Commissions.
Professor Sarkin's presentation focused on the normative framework for truth
commissions. He outlined the points for consideration when setting up a truth commission
and emphasised that the process of establishing a commission is as important as the
process implementing it. It is important for the Commission to have a well-crafted mandate
that is not incomplete, obscure or contradictory. A platform for victims to participate in
telling their stories should be created even if it is not clearly embedded within the
establishing Constitutional provisions. The Professor recommended that the development
of a commission and its mandate be an inclusive, consultative process that involves all
stakeholders. When constitutional provisions on the appointment of commissioners do
not deal with representation or the diversity commissioners, it is crucial that there be
integrity, experience and political independence of the commissioners. The final report is
fundamental, and it is important to make sure that the report is made accessible to the
public.
Important considerations for the integrity of the commissions were shown to be:
► That the process is perceived to be legitimate and credible
► That civil society is involved
► That there is public involvement and buy-in from the beginning
► Pre-transition issues and timing of the process
Truth Commissions: the Best Practices
9
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