Truth Commissions in Post-Communism: the Overlooked Solution? Lavinia Stan*

Truth Commissions in Post-Communism: the Overlooked Solution? Lavinia Stan*

The Open Political Science Journal, 2009, 2, 1-13 1 Open Access Truth Commissions in Post-Communism: The Overlooked Solution? Lavinia Stan* Department of Political Science, St. Francis Xavier University, Canada Abstract: Despite their increased popularity in Latin America, Africa and Asia, truth commissions have remained an overlooked solution to coming to terms with the recent human rights abuses perpetrated in communist Europe. Since the start of the democratization process in the early 1990s, only Germany, the Baltic states of Estonia, Latvia and Lithuania, and Romania have employed truth commissions as methods to reckon with communist crimes. These five commissions share important similarities and differences in terms of their organizational structure, goals, activity, and efficacy. The scarcity of truth commissions in post-communist Europe is explained by the nature of communist repression, the legitimacy of the communist regime as a home-grown versus an externally-imposed political set of institutions and practices, and the use of lustration and access to secret files as methods to obtain truth, justice and reconciliation in post- totalitarian times. Keywords: Truth commissions, transitional justice, de-communization, post-communist democratization. INTRODUCTION Peace Foundation, no year) that prevented them from overcoming extreme conflicts, find the resources to During the last 35 years, truth commissions have been transcend group divisions, and foster the trust that can bring widely embraced around the world as effective mechanisms the community back together by protecting and promoting for redress. From 1974 to 2007 over 30 commissions those inter-human relations that form the basis of social dedicated to truth and/or reconciliation were set up in Africa capital. By systematically searching for the truth in a (South Africa, Uganda, Liberia, Morocco, Zimbabwe, Chad, relatively short timeframe, truth commissions attest to the Burundi, Nigeria, and Sierra Leone), Asia (Sri Lanka, Nepal, commitment of the country’s new political leadership to and South Korea), Central and Latin America (Haiti, Bolivia, resolutely break with its predecessor’s record of human Uruguay, El Salvador, Argentina, Guatemala, Chile, rights abuses. By rewriting and reinterpreting the historical Ecuador, Panama, and Peru), and even Canada, to name just record, truth commissions educate future generations about a few. Established in newer or older democracies by elected the horrors of the recent past, ensure that such atrocities will and non-elected heads of state, governments, national not reoccur, and prevent denials of the occurrence of human assemblies, political parties or the international community, rights abuses in the country. When their work aids in the truth commissions have been hailed for their potential to implementation of other methods of transitional justice (such educate future generations and to provide truth, justice and as the restitution of property, the allocation of compensation reconciliation to deeply divided societies (Heyner, 2001). packages, the launching of court trials against decision- Through public hearings that bring victims and makers of the ancien regime, etc.), truth commissions are perpetrators face to face, truth commissions can help post- capable to enlarge the scope of the politics of memory from authoritarian countries to engage in the moral catharsis uncovering the truth and rewriting history to obtaining needed to heal and reconcile their fractured societies. In the justice and reparation. process, victims or their surviving relatives can get closure Although in a “justice cascade” (Lutz and Sikkink, 2001) by finding the reasons why their families were targeted, the international community has strongly advocated truth while victimizers can be offered absolution and forgiveness commissions as effective tools of almost universal relevance in the form of amnesty and reintegration into the community. and applicability, some new democracies have been reluctant In this sense, truth commissions can help societies heal from to embrace them, for a number of different reasons. First, it the past, come to terms with unspeakable atrocities, debunk the “impermissible lies” (Michael Ignatieff, quoted in World remains uncertain that commissions reconcile societies instead of dividing them, a possibility that becomes especially dangerous since new democracies are vulnerable to the limitations and constraints of painful political and *Address correspondence to this author at the Department of Political economic transition. For some countries, the wild card of Science, St. Francis Xavier University, Antigonish, Nova Scotia, B2G 2W5, reckoning with the past through truth telling is accompanied Canada; Tel/Fax: (514) 369-4575; E-mail: [email protected] by a risk factor too great to be worth assuming. This is why, for example, after emerging from General Francisco I thank four anonymous reviewers and Dr. Monica Ciobanu (Department of Sociology, Franco’s dictatorship, Spain decided not to engage the past State University of New York at Plattsburg) for their comments and suggestions. Dr. Lucian Turcescu (Department of Theology, Concordia University) carefully read the in a meaningful way (Aguilar, 2001). In its turn, post- text and provided invaluable guidance in terms and format and content. All remaining communist Poland drew a “thick line” between the errors of fact and interpretation are mine democratic present and the communist past (Stan, 2006), 1874-9496/09 2009 Bentham Open 2 The Open Political Science Journal, 2009, Volume 2 Lavinia Stan while post-communist Russia unexpectedly chose to praise expedience” that rob them of the right to (court) justice (The its Soviet past as a time of international splendor and Independent, 11 September 1997). national harmony among its ethnic groups (Stan 2008). For Fourth, truth commissions are expensive political tools, how much time can the process of coming to terms with the especially for new democracies facing severe economic past be put off remains a matter of debate, since none of constraints and a plethora of social demands. For this reason, these countries was able to stem out public debate on their in some cases the international community has provided recent past. Although assumed by only a handful of post- most or part of the necessary funding (as in South Africa or dictatorial states, the “forgive and forget” option suggests El Salvador). Even when money was available, commissions that transitional justice (the option to “prosecute and punish” found it difficult to adhere to strict budgets. As exploratory through a range of methods, including truth commissions) is research tools, commissions can estimate the amount of neither a necessary nor a sufficient condition for successful work they need to undertake, but in the course of their democratization. activity might discover that the atrocities outnumber the Second, when devoid of reconciliation purposes, initially anticipated crimes. Some commissions spread their commissions tend to closely parallel the work of the resources thinly in an effort to find out as much as possible historians. Historians can produce impartial and about as many cases as possible. Other commissions comprehensive investigations, if they retain political concentrate resources to look at smaller subsets of independence and take time to document, to examine and to representative or extreme abuses and “gross” human rights interpret the evidence. For sure, not all historians are devoid violations (Brahm, 2007). Whatever the route they take, of political loyalties and not all of them can produce valuable commissions need money to keep running. Their reliance on scholarly interpretations. In new democracies, historians governmental funding makes them prone to political bias and have to grapple with the legacies of the old authoritarian obliges them to participate “in a struggle for access to scarce regime, which subjected them to systematic and sometimes financial resources” (Ernst, 1995, 380) that they might not prolonged indoctrination, asked them to view the country’s always win. history through a predominantly political lens, scorned While popular around the world, truth commissions have critical thinking and independence of mind, and deprived been overlooked in post-communist Europe. After the them of the international contacts that kept them abreast with collapse of the communist regimes in 1989 in Eastern the newest research methods (Maier, 2000). Europe and in 1991 in the Soviet Union, only five such commissions were created in Germany, Romania, and the By contrast, truth commissions are declared political Baltic states of Estonia, Lithuania and Latvia. None of these tools producing political results at politically defined times. commissions became widely known in their respective Beyond serving the “didactic purpose” of academic inquiry countries, none was credited with bringing all the benefits of carried out by historians, truth commissions offer an official truth, justice, reconciliation and education to their societies, acknowledgement of regime abuses that “is an important and none was regarded as a model worth inspiring step in breaking with the undemocratic patterns of the old neighboring countries. order, which may have included cover-ups and misinformation” (Yoder, 1999, 60). The investigations into What exactly accounts for the post-communist countries’ past atrocities carried out by truth commissions always have relative indifference

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