the courts, to dismantle — by appropriate means — the structural machinery of abuses
and prevent recurrence of serious human rights abuses and impunity;
• Truth commissions or other means to investigate and report on systematic patterns of
abuse, recommend changes, and help understand the underlying causes of serious
human rights violations; and
• Memorialisation, for example the various efforts to keep the memory of the victims alive
through the creation of museums, memorials and other symbolic initiatives such as the
renaming of public spaces, etc., have become an important part of transitional justice
in most parts of the world.
TRUTH COMMISSIONS
The first recognisable truth commission was established in Uganda in 1974 by President Idi Amin
to investigate enforced disappearances under his own government. Since then, truth commissions
have become a means to investigate past human rights violations, uncover the repressive
machinery of authoritarian regimes, and identify systemic socio-economic injustices.
It is important to note that the AU has a number of policy documents that seek to address impunity
that are instructive for current efforts to evolve ways of combating impunity and promoting peace
and justice in Africa. In addition to the Constitutive Act, the following are worth noting:
• Articles 6 and 14 of the Protocol Relating to the Establishment of the Peace and Security Council
of the AU on peacemaking and peace building with respect to the restoration of the rule of law
and the establishment of conditions for rebuilding societies after conflict
• Articles 31, 32, and 33 of the AU’s Policy on Post-Conflict Reconstruction and Development
(PCRD) address human rights, justice, and reconciliation, and explicitly recognise the need to
protect human rights in any PCRD efforts. Article 33 outlines a number of activities to this end
• Articles 16, 28 and 39 of the African Charter on Democracy, Elections and Governance enjoins
African countries to consolidate democracy through: the exchange of experiences; strong partnerships; and dialogue between governments, civil society and the private sector. It promotes a
culture of respect, compromise, consensus, and tolerance to mitigate conflict, promote political
stability and security, and harness the creative energies of the African people
• The Mbeki Panel report on Darfur outlines generic recommendations on integrated justice and
reconciliation responses and highlights the utility of comprehensive national processes and
principles for the establishment of hybrid courts in parallel with truth-telling and a reconciliation
process.
Despite the fact that transitional-justice measures rest on solid legal and moral obligations,
there is wide latitude as to how these obligations can be satisfied, and, therefore, there is
no formula to fit all contexts.
Memorials can help governments reconcile tensions with victims by demonstrating respect
and acknowledging the past. They can also help to establish a record of history and to
prevent the recurrence of abuse.
Memorials can also be serious social and political forces in democracy-building efforts.
Memorials are also a form of reparations, or compensation efforts, that seek to address
past human rights violations. They aim to provide compensation for losses endured by
victims of abuse and to remedy prior wrongdoing. They also publicly recognise that victims
are entitled to redress and respect. The UN Basic Principles on the Right to a Remedy and
Reparation recognises ‘commemorations and tributes to the victims’ as a form of reparation.
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