scholarly journals Reparating Women’s Rights Violation Within Aceh Truth and Reconciliation Commission (TRC)

2020 ◽  
Vol 4 (1) ◽  
pp. 21
Author(s):  
M.Yakub Aiyub Kadir ◽  
Firmanila Firmanila

The establishment of Aceh TRC is based on the 2005 peace agreement between the Indonesian Government and the Free Aceh Movement (GAM), which then regulated under Act No. 11 year 2006 on Governing of Aceh, and was manifested through the Aceh Qanun No. 17 year 2013 on Aceh TRC. Three years later, the commissioner of Aceh TRC was chosen and inaugurated by Aceh House of Representative on July 2016. This paper investigates Aceh TRC and its progress in fulfilling the rights of women as the victim of Aceh’s conflict,  challenges and some recommendation for better implementation of TRC. Using a normative and empirical research, this paper found that Aceh TRC is an institution to uncover the truth of the past human rights violations, to achieve reconciliation and to recommend a comprehensive reparation. Currently (May 2019), Aceh TRC is collecting data to achieve the first goal that is uncovering the truth, while the rights of women as victim in Aceh’s conflict is remain alienated. It is recommended that Aceh TRC should implement the urgent reparations as soon as possible considering the condition of the women’s victim and their rights, and also for the central and provincial government to be supportive in terms of financial and moral support.

1995 ◽  
Vol 39 (2) ◽  
pp. 231-231 ◽  

In July 1995 this long-awaited Act was signed into law. Its Preamble states that it is: “To provide for the investigation and establishment of as complete a picture as possible of the nature, causes and extent of gross violations of human rights committed during the period from 1 March 1960 to the cut-off date contemplated in the Constitution, within or without the Republic, emanating from the conflicts of the past, and the fate or whereabouts of the victims of such violations; the granting of amnesty to persons who make full disclosure of acts associated with a political objective committed in the course of the conflicts of the past during the said period; affording victims an opportunity to relate the violations they suffered; the taking of measures aimed at the granting of reparation to, and the rehabilitation and the restoration of the human and civil dignity of, victims of violations of human rights; reporting to the Nation about such violations and victims; the making of recommendations aimed at the prevention of the commission of gross violations of human rights; and for the said purposes to provide for the establishment of a Truth and Reconciliation Commission, a Committee on Human Rights Violations, a Committee on Amnesty and a Committee on Reparation and Rehabilitation…”


1998 ◽  
Vol 12 ◽  
pp. 43-62 ◽  
Author(s):  
Lyn S. Graybill

How do governments deal with human rights violations committed by former regimes? South Africa's solution has been to set up the Truth and Reconciliation Commission (TRC), which offers amnesty to perpetrators who tell the truth about the past and disclose their deeds to the victims; the goal is the reconciliation of former enemies. While the TRC has a clear political focus, it is at its heart a deeply theological and ethical initiative. At times, however, it appears that ethics and theology are at cross-purposes, that justice is less important than Christian mercy; this viewpoint springs from a narrow understanding of what constitutes justice. Does offering amnesty to perpetrators and forgiving enemies deny the victims justice? Or does the TRC embody a “different kind of justice,” as one commentator recently suggested? In this overview of the TRC—its establishment, procedures, and principles—special attention is given to the ethical and theological arguments for this unique approach.


2020 ◽  
pp. 1-5
Author(s):  
Proscovia Svärd

Truth and Reconciliation Commissions (TRCs) are established to document violations of human rights and international humanitarian law in post-conflict societies. The intent is to excavate the truth to avoid political speculations and create an understanding of the nature of the conflict. The documentation hence results in a common narrative which aims to facilitate reconciliation to avoid regression to conflict. TRCs therefore do a tremendous job and create compound documentation that includes written statements, interviews, live public testimonies of witnesses and they also publish final reports based on the accumulated materials. At the end of their mission, TRCs recommend the optimal use of their documentation since it is of paramount importance to the reconciliation process. Despite this ambition, the TRCs’ documentation is often politicized and out of reach for the victims and the post-conflict societies at large. The TRCs’ documentation is instead poorly diffused into the post conflict societies and their findings are not effectively disseminated and used.


2021 ◽  
pp. 017084062110062
Author(s):  
Tapiwa Seremani ◽  
Carine Farias ◽  
Stewart Clegg

The paper contributes to literatures on settlements and institutional maintenance work. It does so by unpacking post-settlement legitimation efforts required to maintain contentious institutions between previously conflicting actors. Settlements often necessitate the maintenance of institutions from the past whose legitimacy is dubious for the new regime. We study the role played by South Africa’s Truth and Reconciliation Commission in re-legitimating and maintaining the institution of the armed forces in the transition from apartheid to democracy. Maintaining this legitimacy required collaboration between the incoming government as well as the apartheid era armed forces. We term these unexpected collaborative efforts “reluctant accommodation work”. Our findings show that the lines of allegiance may be more fluid than currently depicted in the literature. Actors that previously conflicted need to find an interest in collaborating in their efforts to shape central institutions. Second, we show that for settlements to shape the field, they need to agree on the terms of collaboration, what we term “passage points” as well as engage in public ceremonies to broadly legitimate the settlement and the institution it seeks to preserve.


Author(s):  
Hans Morten Haugen

Abstract Norway’s policies regarding Sámi and most national minorities in an historic perspective can be characterized as forced assimilation; except for Jews and Roma, where the historic policy can be termed exclusion. The Norwegian Truth and Reconciliation Commission (trc) is intended to be a broad-based process, resulting in a report to the Norwegian Parliament in 2022. After identifying various explanations for the relatively strong standing of the (North) Sámi domestically and in international forums, the article identifies various ways that human rights will be important for the trc’s work and final report: (i) self-determination; (ii) participation in political life; (iii) participation in cultural life; (iv) family life; (v) private life; and (vi) human dignity. Some of these rights are relatively wide, but all give relevant guidance to the trc’s work. The right to private life did not prevent the Norwegian Parliament’s temporary law to enable the trc’s access to archives


2018 ◽  
Vol 44 (2) ◽  
Author(s):  
John Stephanus Klaasen

This article seeks to explore the identity of the Khoisan as symbolic for reconciliation in South Africa. What contributions can the narrative of a marginalised people such as the Khoisan make to reconciling a divided nation such as South Africa? The Khoisan have been victims of continuous dispossession since the arrival of Bartholomew Diaz at the Cape in 1488. However, it was the taking of land in 1657 from the Khoisan for the free burgers that marked a significant period for the current discourse on land and for identity and reconciliation within post-apartheid South Africa. Notwithstanding the attempts by the Truth and Reconciliation Commission (TRC) to use narratives for healing, restoration, and continuing engagement with the meta-narratives of the past, my own use of narrative is open-ended with space for dialogue through interaction. The past or history does not have fixed boundaries, but rather blurred boundaries that function as spaces of transcendence. The narrative approach has four interactionist variables which are personhood, communication, power as reflected experience, and fluid community. I point out weaknesses of the use of narrative by the TRC as well as the interaction between experience and theory by practical theologians to construct an open-ended narrative of the Khoisan for reconciliation in South Africa.  


Author(s):  
Eric Wiebelhaus-Brahm

The Liberian Truth and Reconciliation Commission (LTRC) was established by the Liberian government in 2005 to “promote national peace, security, unity, and reconciliation.” The LTRC thought it essential to allow Liberians who had fled the conflict to participate in the truth and reconciliation process. As a result, it partnered with a US-based non-governmental organization, The Advocates for Human Rights, to conduct the Diaspora Project. This chapter provides an overview of the Diaspora Project, which enabled Liberians on three continents to give statements to the LTRC. Given the wide dispersion of the Liberian diaspora, the author of this chapter demonstrates how information communication technologies were essential in the success of the Diaspora Project.


2012 ◽  
Vol 12 (1) ◽  
pp. 71-100 ◽  
Author(s):  
Matteo Crippa

The recent history of Burundi is characterized by cyclical ethnic strife between the Hutu majority, comprising approximately 85 per cent of the population, and the Tutsi. A peace agreement was signed in 2000, and in 2005 the UN recommended the establishment of a dual mechanism, namely a non-judicial accountability mechanism in the form of a truth commission, and a judicial accountability mechanism in the form of a special chamber. Little progress toward their establishment was achieved, however, with the process stalled by outbreaks of violence and the country’s fragmented political milieu. In 2011, significant momentum has been gained with the completion of a country-wide consultation process and the resumption of negotiations between the government and the UN. Building upon these developments, this article reviews the architecture of the proposed mechanism and sets forth various considerations for the creation of the Truth and Reconciliation Commission and the Special Chamber for Burundi.


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