the title ‘Nunca Mas’ (‘no more’ in Spanish), (Sarkin
& Dly, 2004)whilst the Timor‐Leste’s Commission for
Reception, Truth and Reconciliation, has adopted
the title ‘Chega’ (‘enough’ in Portuguese) (Powell,
2006). Moreover, former Argentinean President Raul
Alfonsinstated that his national commission’s aim ‘was
to prevent rather than to punish’ (Sarkin & Daly, 2004).
psychological benefits of giving testimony for victims
(Hamber 2009). Finally, there are doubts about the
reconciliatory effects of commissions that uncover the
truth, but fail to take action against those implicated in
wrongs (Hamber 2009).
d) Amnesties
Grant legal protection from civil and/or criminal
liability, is a controversial reconciliation process.
Amnesty can be granted to individuals or groups.
It can be granted unconditionally or conditionally.
If conditional, the granting of amnesty occurs only
if certain provisions are met. For example, in South
Africa, perpetrators had to make a complete disclosure
of the rights violations for which they were responsible
and demonstrate that such violations were committed
for political reasons (Dyzenhaus 2000). Amnesties
may also be conditional on non-recidivism (Freeman
2011).
Truth commissions are temporary official institutions
established to examine patterns of specified human
rights abuses over a given time period (Hayner 2010).
Dozens of truth commissions have been established
in communities around the globe over the past thirty
years. Commission reports provide a summary of
such findings and typically issue recommendations
on how to prevent such abuses in the future. These
reports vary in the degree to which the proceedings
and findings are made public. Some name individual
perpetrators and some do not. The South African Truth
and Reconciliation Commission, which was marked
by a high degree of openness, televised the testimony
of many victims and perpetrators.
A number of moral objections to amnesties are that
at least prima facie unjust, specifically, preventing
retributive and/or corrective justice from being done
(Greenawalt 2000). Granting amnesty is claimed to be
inimical to countering historical impunity for political
leaders. Aspiring fora “Never Again” dispensation
seems intuitively unlikely if future political leaders and
actors believe they will not be held accountable for
their actions. The danger posed by amnesty policies
is that, in failing to hold wrongdoers accountable
and undermining the ability of victims to seek legal
recourse for their harms, they may (inadvertently)
send the message that the abuses of the past were
not wrong or that the victims did not deserve better
treatment (Pensky 2008). Justified anger against the
perpetrators will not be exorcised, and may instead
find expression in acts of revenge.
In the literature, a variety of claims are advanced
regarding how truth commissions can contribute to
reconciliation, both among individual perpetrators
and victims as well as within national communities. At
the individual level, talking through the past is often
represented as a form of catharsis, wherein the trauma
of the past can be re-experienced, dealt with, and let
go. The South African TRC appeared to offer several
examples of such a process, including spontaneous
requests for forgiveness by perpetrators and offers of
forgiveness by victims (Tutu 1999, South African Truth
and Reconciliation Commission Final Report 1998).
In terms of societal reconciliation, it is claimed that
TRCs reintegrate victims in a number of ways. The fact
that victims state publicly what happened contributes
to re-establishing their civic and political dignity
(Kiss 2000). Officially recording the wrongs done
to victims, officially denied in the past, reinforces the
equal moral standing of victims (du Toit, 2000). The
report produced cultivates collective reconciliation
through communal self-understanding. A narrative
must be produced of how a community could at once
have a past full of abuses as well as a present and
ideal future in which those abuses are rejected (Dwyer
1999). TRCs challenge stereotypes that dehumanized
members of the community in the past (C. Murphy
2010) and foster sympathy (Eisikovits 2009). The
proceedings and report of a truth commission can
foster trust in institutions (Gibson 2004) and reassert
normative standards for social repair (Walker 2010).
Amnesties continue to be used by states and in fact
have increased in frequency (Mallinder 2008). They
may be used to encourage perpetrators to give full
and truthful testimony to truth commissions as in
South Africa or as part of a strategy to forget the
past as in Cambodia. Amnesties also may be used
to incentivize an end to conflict, as was the case in
South Africa (Dyzenhaus 2000). Arguments for the
moral permissibility of amnesty challenge the idea that
granting amnesty reinforces impunity or undermines
stability and justice (Mallinder 2008). Freeman (2011)
claims that amnesties can be justified as a measure
of last resort, so long as victims are included in the
process of deciding to pass an amnesty and amnesties
are used for the sake of facilitating an end to conflict
or reconciliation.
Many of the criticisms on TRCs do not question the
value of establishing the truth itself, but the means
used to encourage perpetrators to testify, such as
amnesty from prosecution. Others object to the ways
in which truth commissions (sometimes subtly) pressure
victims toward a forgiveness or reconciliation they
may want to resist (Dyzenhaus 2000, Gutmann and
Thompson 2000, C. Murphy 2010), or question the
e)
8
Trials and Punishment
Punishment is the intentional infliction of harm or
suffering on a wrongdoer in response to a wrong
committed. Although transitional societies are
sometimes portrayed as having to choose between
reconciliation and punishment, these responses are not
necessarily opposed (Bennett 2008, Verdeja 2009).