The Challenges Faced By Truth Commissions as a Result of the Selection and Appointment of Truth Commissioners

Magister Legum - LLM (Criminal Justice and Procedure)As states continue to rapidly transition from conflict or autocracy to democracy, there has been need to address past gross human rights violations. To address these past egregious violations, transitioning countries often relied on immunities and prosecutions. However, prosecutions and amnesties presented several challenges that necessitated a recourse to truth and reconciliation commissions (hereafter TRCs). Since then, TRCs have evolved to be an essential accountability mechanism in transitional justice. Given the important role that TRCs play in transitioning countries, the composition of TRCs should be of credible character in the eye of the public. The selected and appointed truth commissioners (hereafter commissioners) play a key role in the truth-finding process and the importance of having a constraint-free and reliable work plan of selecting these commissioners cannot be overestimated. However, in practice the selection and appointment of the commissioners has proven to be a challenging exercise