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This paper examines the implications of the context of creation on the current and potential future uses of the records produced by the Comissao de Acolhimento, Verdade e Reconciliacao de Timor-Leste (Commission for Reception, Truth and Reconciliation, or CAVR). Given that the CAVR relied heavily on the testimony of the East Timorese people in its investigations that addressed a 25-year period, this paper considers the nature of memory and the role it played in creating and shaping the CAVR...
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A body of critical academic literature has characterized the South African Truth and Reconciliation Commission (TRC) as a nation-building enterprise with reconciliation as its core. Although this literature is especially influential within South African scholarship, the association of the TRC with reconciliation has become a far wider orthodoxy. An engagement with the full range of the TRC's hearings, its institutional practice and its seven-volume report demonstrates a more contested...
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This Convention is the first binding international legal instrument to recognise a general right of access to official documents held by public authorities. Transparency of public authorities is a key feature of good governance and an indicator of whether or not a society is genuinely democratic and pluralist. The right of access to official documents is also essential to the self-development of people and to the exercise of fundamental human rights. It also strengthens public authorities’...
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The road map for limiting the practice of universal justice in Spain is a sad reality. The Spanish Congress has just approved a proposal to reduce universal justice to cases where the people presumed responsible are on Spanish soil or there are Spanish victims, and either way, only when an international court or the country where the crime was committed are not
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In 2006, Poland and Romania embarked on renewed lustration programmes. These late lustration policies expanded the scope and transparency measures associated with lustration as a form of transitional justice. While early lustration measures targeted political elites, late lustration policies include public and private sector positions, such as journalists, academics, business leaders, and others in ‘positions of public trust’. Given the legal controversy and moral complexity surrounding...
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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...
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In July 2005 a huge explosion in the Guatemalan Capital leads to the discovery of the historic archive of the National Police. On the grounds of the today's Police Academy used to be located the island, the secret prison of notori...
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This article looks at early proposals for an international archive, at the different respects in which archives are international or transnational, and at the development since 1946 of the archives of international organizations. It suggests that the history of the UN's involvement with archives is itself a development of historical and even political interest.
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This paper aims to explore initiatives in dealing with the past in South East Europe, particularly with regard to archives, and to reflect on discussions about the documentation of atrocities and sufferings and the shift from war to peace, ongoing in the Balkan countries affected by the 1991–1999 wars while the countries are still struggling to find the best way(s) to deal with the past and its consequences. Transitional justice may be framed as opening up different approaches to create...
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