A truth and reconciliation commission for the USA : a starting point for a national discourse

Published in EJLS online first Vol. 14, No. 1 in late July 2022Truth and Reconciliation Commissions (TRCs) are a means for a nation to reconcile with its past, restore justice, and give victims the chance to speak about their experiences. TRCs can also be used in democratic states to deliver (historic) justice. This article looks at the possibility of a United States of America (US) TRC, based on the need for reconciliatory measures, including reparations for African Americans. This article argues that the current political unrest in the US demonstrates the need to explore different avenues for the pursuit of justice. A US TRC could be one option for a transition to a more just nation by addressing past and present injustices. It could offer an alternative to court proceedings to tackle the manifold, long-lasting injustices in the US and the unprocessed history of how Black people have been treated. The article will highlight current US reconciliatory initiatives, as well as obstacles to the emergence of a TRC in the United States. It will draw on the experience of other TRCs to propose ways in which these obstacles may be overcome. However, the article also highlights potential downsides of a US TRC by discussing the danger of democratic states using these fora to perpetuate the status quo, or to avoid the punishment of powerful people. The article stresses the importance of social and political cohesion for the establishment and effectiveness of a TRC