This dissertation project develops a theoretical understanding of how truth commissions achieve legitimacy and thus contribute to peace and stability in the aftermath of major traumatic events (e.g. civil war, mass killings, regime changes). I identify three components of truth commission legitimacy---authority, fairness, and transparency---that facilitate beneficial outcomes for societies emerging from a period of severe human rights repression or civil war. I theorize and test how institutions with these legitimacy characteristics contribute to an increase in respect for human rights and decrease political violence in transitioning societies, thus contributing to peace and stability. In order to test the hypothesized relationships, I create a truth commission characteristic dataset that provides greater detail than existing datasets. This project is a contribution to our understanding of the relationships between human rights, institutions, conflict, and international law. It provides one explanation for the inconsistent findings of extant work concerning the impact of transitional justice, generally and truth commissions, specifically. I provide evidence that there are identifiable "best practices" that truth commissions should consider adopting. This information can assist states, intergovernmental organizations, and nongovernmental organizations alike in making difficult decisions regarding the transitional justice process, which is expensive and time consuming further necessitating an understanding of what practices are most crucial for achieving peace and stability.

For many years, El Salvador and Guatemala were submerged in brutal and bloody conflicts that cost the lives of tens of thousands. United Nations-brokered Peace Accords officially brought the years of violence to an end in 1992 and 1996, respectively. As the two countries slowly emerged from their respective Cold War-inspired internal conflicts, the question of what place the past would have in the present came to the fore. This dissertation explores the way past violence is talked about in the public sphere. It analyzes post-Peace Accords public discourse in both countries, with a particular focus on the issues of memory, forgetting, truth, reconciliation, and related terms. It examines the different tasks memory and truth were assigned in the Peace Accords, especially in relation to the truth/truth-like commissions created out of those accords, and in the years since, and looks at the language those who reject memory and truth use to oppose them. This dissertation argues that a common discursive framework exists in Guatemala that dictates that all sectors must insist on the importance of remembering the violence to prevent repetition. This is the human rights community's discourse, but it is one which even conservatives who wish for forgetting must repeat. Conservatives can only promote forgetting within the limits of this discursive framework, and they do so by talking about amnesty, perdón (pardon/forgiveness), and reconciliation. The situation in El Salvador is different. There is no common discursive framework that demands memory to prevent repetition and promote reconciliation. Rather than this, conservatives openly insist on amnesty and amnesia, while the human rights community insists on truth and memory. The discursive battle between forgetting and truth is El Salvador's discursive framework. Yet talking about memory, truth, reconciliation, and related topics leaves space to promote different truths, memories, or narratives of the past. This, indeed, is precisely what happens in both countries as different sectors actively promote their own truth, memory, or narrative, especially at moments of rupture or when their truth or discourse is challenged, as in 2012 when Salvadoran president Mauricio Funes asked for perdón for the El Mozote massacre and during Guatemala's 2013 genocide trial. Running throughout the discussion about discourse and discursive frameworks is a critique of the insistence on the existence of one truth, memory, or narrative of the past. This is the foundation on which truth and truth-like commissions are built. Yet rather than focusing on the truth of the past, this dissertation argues that the process of openly talking about the past and sharing truths and experiences will do more to contribute to reconciliation and non-repetition than insisting that there is and can only be one truth and that everyone must embrace it.

Thesis (PhD(Science of Religion and Missiology))--University of Pretoria, 2007. / Includes bibliographical references (leaves 171-189).

During the mid to late 1900s many Latin American countries found themselves under the rule of violent military regimes and in civil war. The purpose of this paper is to discuss the atrocities committed in the late 20th century throughout Latin America and to discuss the ways in which these societies, affected by state violence, were able to overcome the past. In this paper, I will look at the purpose of truth and reconciliation commissions and their outcomes in Chile, Argentina, and Guatemala in order to find some similarities and compare and contrast the successes and failures of the different commissions in their respective settings.

Magister Legum - LLM

Truth commissions are bodies established in political transition, and they have the stated purpose of reckoning with human rights abuses committed by members of former regimes. The question driving this research is "Why have truth commissions increased so rapidly in the last 20 years?" This study moves beyond current research, which suggests that particular domestic political circumstances alone determine choice of transitional justice mechanisms. I argue that an international rule of behavior, the transitional restorative norm, has emerged and spread to decision-makers in countries of transition. In support of this notion, I perform a pre-theoretical historical analysis of transitional justice and develop a theory of decision-making in transition-which is later tested with quantitative statistics. This integrated approach allows for increased scientific rigor in the examination of international norms. Ultimately, the study demonstrates an interrelationship between shared ideas and political environments in the determination of domestic policy.

In this dissertation, I explore global diffusion, rationalization, and the role global professionals play within both these processes. The main question I explore in this dissertation is: What role do global professionals play in the global diffusion and rationalization of formal structures? Within global diffusion studies, professions and professionals feature prominently. However, the literature says little about how formal structures become rationalized or, in other words, the process by which organizations, principles, and practices are rationalized. In addition, the specific, concrete ways that global professionals contribute to and partake in this diffusion is left relatively vague. My dissertation fills this gap in the literature. To do this, I focus on the new global professional field of transitional justice and, specifically, the diffusion and rationalization of truth commissions, a main mechanism of transitional justice. I draw on ethnographic and archival data derived from a year of internship within a leading transitional justice organization that works on truth commissions. I discuss the unintentional role that values play in provoking global professionals to rationalize and the consequences this rationalization has had on the diffusion of truth commissions, the values and culture of the organization, and the identity of the professionals. Theoretically, the dissertation contributes to scholarship on global diffusion and global professionals, specifically world polity theory. Empirically, the dissertation illuminates possible pitfalls non-profit organizations may fall into that subvert their foundational values and therefore offers a different approach to understanding organizational 'failures' and their potential fixes. Throughout the dissertation, I hope to highlight the import of values, both in being a driving force behind social action and within organizations, particularly those with humanitarian objectives. I also aim to make clear the precariousness of values and thus the critical need to think seriously about how they can be maintained as organizations grow, mature, and diffuse principles and practices.

Reconciliation attempts have occurred world-wide, i.e., Australia and South Africa. Recently, Canada has initiated a reconciliation process with its First Nations people for the historical injustices and their experience with residential schools. The purpose of this study was to explore the current Canadian reconciliation process and to determine whether it was considered by First Nations participants as an effective approach to relationship renewal. This study was completed with the White River First Nations in the Yukon Territory. Using an exploratory descriptive design as a qualitative approach, with person-centered interviewing, eight participants were interviewed twice. The data revealed that the current reconciliation process was driven by political expediency rather than anchored by a desire to improve relationships. The findings suggest that Canada’s reconciliation model is unsuitable and may be at risk for failure in the near future. Finally, participants revealed that they wanted more healing as a step towards reconciliation. / vii, 117 leaves ; 29 cm

Objectives : This study focused, unusually, on the experience of people who gave testimony in person to the TRC many years previously. The study’s objectives were firstly to explore the personal, social and political events that participants recounted as motivating them to testify to the South African Truth and Reconciliation Commission (TRC), and secondly to analyse the meanings that participants gave retrospectively, about fourteen years later, to testifying before the TRC. METHOD: 30 participants were recruited, from poor socioeconomic backgrounds, in Gauteng and Western Cape provinces, South Africa. Semi-structured interviews were conducted in participants’ preferred SA languages. Data were analysed using principles of modified grounded theory. Findings: Participants from the two provinces testified through shared hopes for change but differed in the specific political and violent events that they wished to make public. Looking back, many participants expressed disillusionment with the TRC’s effectiveness. Participants were concerned by unfulfilled promises, inadequate reparations and lack of socioeconomic improvement. Memories of horrific abuses were still vivid, and most doubted that the TRC process could result in forgiveness, amnesty, reconciliation and healing. Participants felt unacknowledged, invalidated and inadequately recompensed, symbolically and monetarily. Nonetheless, participants expressed suspended hope, if not for themselves but for the future generations. ‘Misrecognition’ emerged as the overarching theme, an experience of feeling ignored and dismissed, finding promises for material recompense broken, and their contribution to the seemingly successful TRC processes not recognised. Conclusion: The TRC process neglected the abuse of the apartheid period, which has left a legacy. This study has shown that many participants continue to struggle with the legacy of a very unequal society, and further follow-up research is vital to review participants’ long-term needs. Lack of improvement in social and economic conditions has led some people in South Africa to question the effectiveness of the TRC.

Thesis advisor: Stephen J. Pope / Transitional justice responds to injustices and violations of human rights following a period of repressive rule or civil war. This dissertation argues that the needs of post-conflict societies are best served by local, participatory approaches to transitional justice. In the case of Guatemala, it was essential for the nation to embrace its common religious narrative as a resource for rebuilding the republic. The Guatemalan Catholic Church worked to build peace out of the ashes of state sponsored terror. It demonstrated the prophetic role of the Church by offering a collective voice condemning those in positions of authority for their neglect of the basic human rights of the majority of Guatemalans. The CEG also highlighted the reconciliatory function of the Church by promoting forgiveness and reconciliation within the public square. This experience calls for theological ethical reflection on how the Catholic Church could best serve the needs of civil society in the wake of nearly forty years of political violence. Responding to the need for critical theological reflection, this dissertation proposes a transformationalist understanding of the relation of love to justice for transitional justice. It draws its inspiration from a selective reading of Augustine and Augustinian scholarship. An Augustinian approach to transitional justice brings together the high moral ideas of love, justice, forgiveness, and peace while at the same time acknowledging the ever-present reality of sin and human weakness. It attempts to transform a post-conflict society into a moral community whose citizens are on a journey toward the destination of temporal peace. It realizes that we may never reach our destination of temporal peace, but we can glimpse it from afar. This dissertation offers the following ten Augustinian insights as a framework for a theological approach to transitional justice. 1) Charity is the motivating force for transitional justice and the pursuit of socio-political reconciliation; 2) Charity transforms our understanding of justice from noninterference and retribution to rehabilitating and reconciling; 3) Transitional justice ought to be contextual, paying attention to the unique concerns of a given post-conflict society; 4) Distinguishing, without bifurcating, the ends of the temporal and celestial commonwealths offers a positive, but not naïve, evaluation of the Church’s potential to be an instrument of social transformation; 5) Post-conflict societies need to foster conditions that allow for pluralism and social cohesion through civic friendship; 6) Post-conflict societies must develop social practices to train citizens in the civic virtues of love, justice, and friendship; 7) Transitional justice requires an ethical retrieval of the truth through the healing of memory; 8) Transitional justice upholds the moral obligation to admonish and correct sinful social behavior; 9) Transitional justice ought to foster the just and prudential protection of society through the use of coercive force on behalf of society’s most vulnerable citizens; and 10) Post-conflict societies need to cultivate and sustain an ethos of active hope that, far from inducing political passivity, promotes civic engagement. / Thesis (PhD) — Boston College, 2015. / Submitted to: Boston College. Graduate School of Arts and Sciences. / Discipline: Theology.