4.6.1 Resources of the TRC:
In order to complete their task, TRCS must be granted sufficient resources or funds. But for many transitional states, it is difficult to access and/or manage the resources. Consequently, in many cases, the truth commissions have faced shortages of resources. Some however have not, for example, the South African TRC had a staff of 300 and a budget of $18 million per year for its two-and-a-half year existence (S. African TRC, 1999). The South Korean commission was reported to have 240 staff members and an annual budget of US$15-20 million (Dong-Choon & Selden, 2010). On the other hand, Chad's truth commission had to establish its office within the former secret detention centre of the security forces due to limited space and resources (Brahm, 2004).
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In the case of Uganda in 1987, the Ford Foundation donated US$93,000 to the Ugandan government to allow the commission to continue its work. Despite other international donations, the truth commission faced continuous financial problems further delaying its work (Weaver, 2016). According to a recommendation of the TRC in Paraguay, approximately 400 individuals received financial compensation totalling US$20 million but the lack of resources was a major problem throughout the commission’s work, especially in its early stage when the Paraguayan parliament cut its budget by half. In December 2007, the government stopped the funding of the commission and it had to suspend investigations for several months (Florentin & Manuel, 2006).
The Equity and Reconciliation Commission of Morocco, the first truth commission in the Arab world, distributed US$85 million to approximately 16,000 individuals who were victimised at the end of 2007 (Amnesty, 2004). Rwanda which is another country that respected the truth commission’s recommendation of reparation had to depend completely on foreign governments for the annual budget of UD$300,000 (Fombad, 2008).
4.6.2 Reports of the TRC:
The most important task of a commission is to publish the report with its findings and recommendations. According to Brahm (2004), the commission's final report is its legacy. It is a summary of the key findings. Patterns of abuse are outlined. Most importantly, the commission's report provides recommendations for rebuilding society.
Recommendations often centre on judicial, military, and police reform. The commission of Ghana recommended reforms within the prisons, the police and the military (Ghana National Reconciliation Commission, 2004). Likewise, the Nigerian commission recommended the fragmentation of the police system (Nigeria Human Rights Violations Investigation Commission, 2002).
Importantly, the Truth commissions also make recommendations for reparations to victims. Although this compensation is incomparable to the suffering the commissions can recommend reparations as a different means to healing wounds for the families of the disappeared, continuing prosecutions and for follow-up investigations concerning persons who remain missing (Argentine National Commission on Disappeared, 1984). In 2004, $3 billion was provided for the reparations to victims in Argentina. The report on El Salvador
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indicated the reparations for victims included memorials and monetary compensation (Naidu, 2004). A comprehensive reparation program, including apologies, a memorial, and monetary compensation was recommended by the Ghana commission. For this, the amount paid to victims was to be based on type violations suffered for approximately 3,000 victims of repression under Rawlings’ rule (Ghana NRC, 2002).
Although, every report includes adequate investigations and solid conclusions, some of the most valuable reports, and the conclusions within it, have been somewhat brief, as in Argentina, while in others – Chile, Guatemala or even Haiti – they have been lengthy (Avruch & Vejarano, 2002). However, According to Mygikra (2008);
It should not be forgotten that the most important thing is the dynamic aspect of a report in terms of what impact it will have on society and whether or not justice and reparations will follow it. It is also important for the report to provide the impetus for reform of the State, and especially of the justice system and the armed and security forces and police, so that democracy and the rule of law can be established on solid foundations (p. 45).
The truth commission can make a specific proposal about follow-up in its report as in Haiti (Hayner, 2001). For example, it might propose a specific body to be set up or entrusted to a national human rights commission such as the Ombudsman's Office or the National Human Rights Commissions. The question of follow-up has been given greater attention in the reports of some recent commissions such as the CEH in Guatemala and the Commission of Inquiry in Sri Lanka (Popkin, 1999).
Looking at the different types of truth commissions that have been established, most of the commissions worked for a limited timeframe, although those of Chad and Uganda are to run for an indefinite period (Sarkin & Daly, 2004). The commission’s terms of reference may allow it to look at a pattern of abuses over a number of decades (Chile and South Africa), or instead focus on specific crimes or specific groups of perpetrators (ibid) where some revealed the identities of perpetrators as in Timor‐Leste and some did not as in Chile, Guatemala (Pathak, 2016). However, some attempted a massive exercise in public participation and mobilisation like in South Africa, Sierra Leone whereas other commissions are smaller and more secretive like in Guatemala, Sri Lanka, Haiti (Rotberg, 2000). Similarly, some commissions have had broad powers of subpoena, search and seizure as well as to make
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recommendations, whilst others do not have (Sarkin & Daly, 2004; Stahn, 2001). Indeed, the truth commission is a flexible institution, capable to adapt different national circumstances.
It is very much important to have appropriate rules regarding procedure and evidence to guide the investigations and all other tasks of a TRC so that all circumstantial, documentary and material evidence available can be properly used meaningfully and appropriately. For this, the commissions should have experienced staff in gathering documentary evidence, particularly as Truth commissions seek to collect evidence from a variety of sources such as taking witness statements and inspecting sites including detention centres, mass graves, etc (Brahm, 2004; Migyikra, 2008). This requires good relationships and cooperation between different bodies like government, military, police, human rights commission, courts, and victims as well as perpetrators. Sometimes, for a particular investigation, a researcher will be assigned to investigate; once their investigations are completed, findings are presented to a panel. Then the panel will decide for further investigation or finalization. Usually everything relating to rules of procedure and evidence is detailed within the working rules, regulations, and mandates of the commission (Migyikra, 2008).
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CHAPTER-5: Case study of the Liberian civil war andTruth and Reconciliation Commission