• Criminal prosecutions. These are judicial investigations of those responsible for human
rights violations. Prosecutors frequently emphasise investigations of the ‘big fish’, that
is, suspects considered most responsible for massive or systematic crimes.
• Truth commissions. These commissions of inquiry have as their primary purpose the
investigation of, and reporting on, key periods of abuse. They are often official state
bodies that make recommendations to remedy human rights abuses and to prevent
their recurrence.
In several Latin American and African countries, truth commissions have documented past
human rights abuses. Their mandates, powers and activities have varied from country to
country (Hayner, 1994). As a rule, truth commissions are based on a peace agreement, on
governmental decrees or laws of parliament. Usually, they are instructed to record human
rights violations of a given period by collecting documents relating to these atrocities and
by hearing victims as well as perpetrators. They usually have to provide the public with a
detailed report about what has happened in the past and how such atrocities can be
avoided in the future. In addition, churches and local human rights organisations often
make similar efforts to document past human rights abuses, as, for example, in Brazil,
Guatemala and Zimbabwe (Dassin, 1986; REMHI, 1998; Carver, 1993).
• Reparations programmes. These are state-sponsored initiatives that help repair the
material and moral damages of past abuse. They typically distribute a mix of material
and symbolic benefits to victims, benefits that may include financial compensation and
official apologies.
• Gender justice. This initiative challenges impunity for sexual and gender-based violence
and ensures women’s equal access to redress of human rights violations.
• Security-system reform. This seeks to transform the military, police, judiciary and related
state institutions from instruments of repression and corruption into instruments of
public service and integrity.
• Memorialisation efforts. These include the provision of museums and memorials that
preserve public memory of victims and raise moral consciousness about past abuse in
order to build a bulwark against its recurrence.
Although these initiatives are widely understood to form a basis for transitional-justice
efforts, they do not constitute an exhaustive list. Many societies have developed other
creative approaches to past abuse, and this is one reason why the field has gained both
strength and diversity over the years. Achieving respect for the rule of law is a constitutive
aim of transitional justice and reconciliation processes.
A holistic approach
Dealing with widespread human rights violations raises significant practical difficulties.
A country’s political balance may be delicate and a government may be unwilling to pursue
wide-ranging initiatives, or it may be unable to do so without putting its own stability at risk.
The many problems that flow from past abuses are often too complex to be solved by any
one action. Judicial measures, including trials, are unlikely to suffice: If there are thousands
or hundreds of thousands of victims and perpetrators, how can they all be dealt with fairly
through the courts — especially in cases where those courts are weak and corrupt? Even
if courts were adequate for the task of prosecuting everyone who might deserve it, in
order to reconstruct a damaged social fabric other initiatives would be required.
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