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Truth Commissions and Reparations: a Framework for Post- Conflict Justice in Argentina, Chile Guatemala, and Peru

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Truth Commissions and Reparations: a Framework for Post- Conflict Justice in Argentina, Chile Guatemala, and Peru University of Pennsylvania ScholarlyCommons Honors Theses (PPE) Philosophy, Politics and Economics 5-2021 Truth Commissions and Reparations: A Framework for Post- Conflict Justice in Argentina, Chile Guatemala, and Peru Anthony Chen Student Follow this and additional works at: https://repository.upenn.edu/ppe_honors Part of the Comparative and Foreign Law Commons, Comparative Politics Commons, Human Rights Law Commons, International Law Commons, International Relations Commons, Latin American History Commons, Latin American Studies Commons, Law and Philosophy Commons, Law and Politics Commons, Models and Methods Commons, Other Political Science Commons, Political History Commons, and the Political Theory Commons Chen, Anthony, "Truth Commissions and Reparations: A Framework for Post-Conflict Justice in Argentina, Chile Guatemala, and Peru" (2021). Honors Theses (PPE). Paper 43. This paper is posted at ScholarlyCommons. https://repository.upenn.edu/ppe_honors/43 For more information, please contact [email protected]. Truth Commissions and Reparations: A Framework for Post-Conflict Justice in Argentina, Chile Guatemala, and Peru Abstract This paper seeks to gauge the effectiveness of truth commissions and their links to creating material reparations programs through two central questions. First, are truth commissions an effective way to achieve justice after periods of conflict marked by mass or systemic human rights abuses by the government or guerilla groups? Second, do truth commissions provide a pathway to material reparations programs for victims of these abuses? It will outline the conceptual basis behind truth commissions, material reparations, and transitional justice. It will then engage in case studies and a comparative analysis of truth commissions and material reparations programs in four countries: Argentina, Chile, Guatemala, and Peru. From the case studies and analysis, I will argue that truth commissions are an effective way to achieve comprehensive justice because they are victim-centered mechanisms that create a legitimate basis from which governments can build prosecutions and reparations programs. Next, I will argue that truth commissions provide a more favorable political condition for the creation of reparations programs and that truth commissions and reparations programs reinforce each other’s effectiveness. Keywords truth commissions, material reparations, reparations, transitional justice, argentina, chile, guatemala, peru, post-conflict justice, human rights, justice, prosecutions, human rights abuses Disciplines Comparative and Foreign Law | Comparative Politics | Human Rights Law | International Law | International Relations | Latin American History | Latin American Studies | Law and Philosophy | Law and Politics | Models and Methods | Other Political Science | Political History | Political Theory This article is available at ScholarlyCommons: https://repository.upenn.edu/ppe_honors/43 Truth Commissions and Reparations: A Framework for Post-Conflict Justice in Argentina, Chile, Guatemala, and Peru Anthony Chen Submitted to the Philosophy, Politics and Economics Program at the University of Pennsylvania in partial fulfillment of the requirements for Honors. Thesis Advisor: Dr. Brendan O’Leary Date of Submission: May 4, 2021 2 ACKNOWLEDGEMENTS This thesis has been made possible by the support of numerous people over the past months. Thank you to my advisor, Dr. Brendan O’Leary, whose guidance, support, and feedback has helped me explore a growing interest in transitional justice and human rights, which emerged after I took his course, Power-Sharing in Deeply Divided Places. Throughout this entire process, you have challenged and expanded my intellectual boundaries when thinking about conflict, justice, and peace, and helped me build a thesis that I am truly proud of. Your commitment to building a more peaceful and free world through scholarship and action is inspiring. Thank you to the Philosophy, Politics, and Economics Program at Penn. The program’s support for interdisciplinary learning has given me the opportunity to broaden my intellectual interests and pursue a true liberal arts education. The courses I have taken in the Political Science, History, Philosophy, and Anthropology departments have been especially impactful on my intellectual development. Thank you to my friends at Penn and beyond — your support, check-ins, and company has given me the energy and drive to complete this project. Finally, I want to thank my family. Mom, Dad, and Tiffany, this would not have been possible without your unending love and support. 3 ABSTRACT This paper seeks to gauge the effectiveness of truth commissions and their links to creating material reparations programs through two central questions. First, are truth commissions an effective way to achieve justice after periods of conflict marked by mass or systemic human rights abuses by the government or guerilla groups? Second, do truth commissions provide a pathway to material reparations programs for victims of these abuses? It will outline the conceptual basis behind truth commissions, material reparations, and transitional justice. It will then engage in case studies and a comparative analysis of truth commissions and material reparations programs in four countries: Argentina, Chile, Guatemala, and Peru. From the case studies and analysis, I will argue that truth commissions are an effective way to achieve comprehensive justice because they are victim-centered mechanisms that create a legitimate basis from which governments can build prosecutions and reparations programs. Next, I will argue that truth commissions provide a more favorable political condition for the creation of reparations programs and that truth commissions and reparations programs reinforce each other’s effectiveness. 4 TABLE OF CONTENTS ACKNOWLEDGEMENTS ......................................................................................................... 2 ABSTRACT ................................................................................................................................... 3 INTRODUCTION......................................................................................................................... 6 SECTION I: TRUTH COMMISSIONS ..................................................................................... 8 Truth Commissions: Definition and Theory ............................................................................................. 8 Table 1: List of All Truth Commissions ................................................................................................. 12 Truth Commissions and Transitional Justice .......................................................................................... 14 SECTION II: REPARATIONS ................................................................................................. 18 A Theory of Reparations ........................................................................................................................ 18 Practical Reparations .............................................................................................................................. 21 SECTION III: CASE STUDIES ................................................................................................ 22 Methodology ........................................................................................................................................... 22 Table 2: Case Studies and Material Reparations .................................................................................... 26 Argentina: National Commission on the Disappearance of Persons ...................................................... 27 Background of Conflict ...................................................................................................................................... 27 Truth Commission .............................................................................................................................................. 30 Report ................................................................................................................................................................. 32 Reparations Program .......................................................................................................................................... 34 Chile: National Commission for Truth and Reconciliation/National Commission on Political Imprisonment and Torture ...................................................................................................................... 40 Background of Conflict ...................................................................................................................................... 40 Truth Commission 1 ........................................................................................................................................... 50 Truth Commission 1: Report .............................................................................................................................. 53 Truth Commission 1: Reparations Program ....................................................................................................... 55 Truth Commission 2 ........................................................................................................................................... 56 Truth Commission 2: Report .............................................................................................................................
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