Definitions

Truth-Seeking: Process of uncovering and acknowledging facts about past abuses and injustices to provide transparency, promote healing, and support accountability.

Reconciliation: The process of rebuilding relationships damaged by conflict and addressing the root causes of violence, often involving truth-telling, justice, and efforts to heal social divisions.

Goals of Truth-Seeking and/or Reconciliation Mechanisms

The goal of truth-seeking and/or reconciliation in a peace process is to uncover and acknowledge past harms, promote healing among affected communities, and lay the groundwork for enduring peace. Truth-seeking and/or reconciliation may serve to:

• Establish a historical record: Truth-seeking documents and acknowledges past events, preventing denial and distortion while honoring the experiences of victims.
• Promote accountability: By identifying perpetrators and patterns of abuse, truth-seeking supports accountability and helps prevent future conflict.
• Foster healing and reconciliation: Publicly addressing past grievances provides opportunities for victims and communities to heal, fostering trust and understanding across divided groups.
• Support institutional reform: The findings from truth-seeking and/or reconciliation processes can inform necessary reforms in institutions to prevent the recurrence of abuses.
• Contribute to social cohesion: Truth-seeking and/or reconciliation create spaces for dialogue, strengthening social bonds and building shared values essential for a stable and peaceful society.
• Foster reintegration of vulnerable groups: Marginalized groups may be engaged in activities aimed at reconciliation to foster their reintegration into society.

Why Include This Chapter

The inclusion of a Truth-Seeking and/or Reconciliation Mechanisms Chapter in a peace agreement may serve to:

• Develop mechanisms for discovering the truth about events that occurred during conflict;
• Establish avenues for sharing grievances and promote intercommunal dialogue;
• Outline measures for the protection of victims and witnesses;
• Identify the role of truth seeking and reconciliation in a broader peace process.

Core Issues Addressed

Most peace agreements address the following core issues in a Chapter on Truth-Seeking and/or Reconciliation Mechanisms:

• Establishment and Goals: This section discusses the mechanism that the parties agree to establish for truth-seeking and/or reconciliation. It also outlines how the mechanism will fit with the other transitional justice processes.
• Mandate: This section discusses the mandate, responsibilities, and scope of the mechanism’s work. It also specifies the duration of the mechanism's work.
• Timeframe for Operations: outlines the start and end dates of the mechanism’s work and the procedure for extending this timeline.
• Scope of Work: specifies the object of focus of the established mechanism.
• Geographical Scope: specifies the geographic area where events and violations occurred and on which the mechanism will focus.
• Powers: sets out the types of powers the mechanism will have.
• Inclusion, Empowerment and Protection: This section outlines the measures for empowering and protecting specific groups. This includes the avenues for groups to share their stories and be recognized.
• Complementarity: This section lays out how the truth seeking and/or reconciliation mechanism works with other transitional justice mechanisms, if there are any. This can include complementing the work of other mechanisms.
• Composition: This section outlines the guidelines for selecting the individuals that will work in the truth-seeking and reconciliation mechanism.
• Report and Recommendations: This section discusses the outcome of the truth-seeking and/or reconciliation process and whether there will be any follow-on processes at the end of the mechanism’s work.

Establishment and Goals

The parties may determine how to merge the draft language options presented below to meet the particular requirements of a peace agreement.

Note to Drafters: Parties may agree to establish a truth-seeking and/or reconciliation mechanism in addition to other transitional justice mechanisms, such as accountability mechanisms, to ensure that the suffering of all victims and communities is acknowledged and adequately redressed. As often courts or tribunals have limited jurisdiction and focus exclusively on the most responsible perpetrators or the perpetrators responsible for the most serious crimes, establishing a truth-seeking and/or reconciliation mechanism ensures that crimes that fall outside the scope of the court or tribunal are not left unaddressed. Alternatively, truth-seeking and/or reconciliation mechanisms may adopt a restorative justice approach, focusing on healing rather than retributive punishment, or they may work alongside judicial processes to balance truth-telling with accountability. Parties may also agree to focus the transitional justice process exclusively on truth-seeking and/or reconciliation mechanisms to overcome the challenges typically associated with establishing accountability mechanisms upon the end of the conflict. Especially in contexts where full legal accountability (such as trials) may not be feasible due to political constraints or the sheer scale of abuses, truth-seeking and/or reconciliation mechanisms offer an alternative form of justice. They may also function as a temporary solution until the parties agree on the conditions for the establishment of an accountability process.

Depending on the role that the parties assign to a truth-seeking and/or reconciliation mechanism, the goals outlined in the peace agreement may vary. Beyond establishing an accurate and comprehensive record of events and abuses, truth-seeking and reconciliation mechanisms may aim to facilitate acknowledgment of harms suffered by victims, provide a platform for victims and witnesses to share their experiences, or encourage public apologies from perpetrators and other responsible parties. These mechanisms can promote healing, social cohesion, and reconciliation through community engagement, outreach programs, public dialogues, and memorialization initiatives. The mechanism may also recommend avenues for reparations and other forms of redress for victims, as well as offer recommendations for institutional reform aimed at preventing recurrence of abuses. Lastly, reconciliation measures may include prisoner exchange as well as the reintegration of combatants.

Commitment of the Parties

After the signature of the [peace agreement], the armed signatories to the [peace agreement], politicians and political leaders, religious organizations, and civil society shall be called upon to address to the [state] population signals and messages of peace, reconciliation, and national unity.

Political Ideology

The Parties commit themselves to peace and national reconciliation, and to oppose any political ideology or action that promotes violence, hatred, or unlawful discrimination.

Complementary Mechanism to Uncover the Truth

The Parties agree to establish [name of the truth-seeking and/or reconciliation mechanism] to help uncover the full extent of human rights violations and atrocities that occurred during the conflict. By doing so, the mechanisms contribute to the overall goal of the transitional justice process to ensure that the victims' experiences are acknowledged and that the historical record is accurately documented.

Complementary Mechanism to Promote Reconciliation

The Parties commit to the establishment of [name of the truth-seeking and / or reconciliation mechanism] which will foster dialogue between conflicting parties and help repair broken relationships by publicly addressing grievances and encouraging truth-telling. [name of the truth-seeking and / or reconciliation mechanism] will operate in synergy with other mechanisms established as part of the broader transitional justice process.

Alternative Form of Justice

Acknowledging the differences and challenges associated with the establishment of [accountability mechanism]; Reaffirming the Parties’ intention to establish [accountability mechanism] [specific timeframe]; Acknowledging the importance of uncovering and acknowledging the root causes of violence for preventing a recurrence of conflict; The Parties commit to the establishment of [name of the truth-seeking and / or reconciliation mechanism] with the aim of investigating human rights violations committed in [state] and collecting evidence that may be used by existing and non-existing transitional justice mechanisms.

Reconciliation and DDR

With this [peace agreement], the Parties aim to promote the disarmament, demobilization and reintegration of combatants to establish permanent reconciliation.

Reintegration of Combatants

Measures to address the damage done to the social fabric and to promote coexistence within communities, including victims, former members of paramilitary organizations, combatants in the process of reintegration into society and others who may have participated in hostilities, as well as measures to build confidence between the public authorities and communities.

Mandate

Timeframe for Operations

Note to Drafters: The parties may indicate the period during which the truth-seeking mechanism will operate, including whether it can be extended.

Timeframe

The [truth-seeking and / or reconciliation mechanism] shall investigate and document human rights violations, war crimes, and other social harms committed between [start date] and [end date]. This period is deemed critical for understanding the full scope of abuses and ensuring accountability for actions committed during the conflict. An extension of [time] may be granted.

Beginning of Operations

​​Parties to this Agreement shall commit themselves to work towards the implementation of [relevant transitional justice law] and establish the [truth-seeking and / or reconciliation mechanism] within ninety (90) days of the entry into force of this Agreement.

Scope of Work

Note to Drafters: The parties may indicate the scope of work of the truth-seeking and/or reconciliation mechanism and highlight specific events and activities that should be prioritized in light of the priorities and goals they agreed upon. The mechanism may also investigate the underlying causes and broader consequences of these events, including their social, cultural, and economic impacts.

Investigation of Serious Crimes

The [the truth-seeking and/or reconciliation mechanism] shall focus its investigation on serious human rights abuses and violations of international humanitarian law, including but not limited to extrajudicial killings, enforced disappearances, torture, sexual and gender-based violence, arbitrary detention, and other related crimes. The [truth-seeking and / or reconciliation mechanism] shall also examine the root causes and consequences of these events to provide a comprehensive understanding of the conflict and support efforts to prevent the recurrence of conflict.

National Dialogue Activities

The Parties shall entrust the [truth-seeking and / or reconciliation mechanism] with the task to to bring about reconciliation and seek solutions to outstanding political problems through national dialogue activities.

Reform of State Institutions

Transitional justice and national reconciliation mechanisms shall be activated in order to reform state institutions, in line with the [state] legislations in force and international standards.

Multiple Purposes

The [truth-seeking and / or reconciliation mechanism] shall institute programs for relief, protection, repatriation, resettlement, reintegration, and rehabilitation of Internally Displaced Persons (IDPs) and returnees, in coordination with the United Nations and other relief and humanitarian agencies

DDR

The [truth-seeking and / or reconciliation mechanism] shall contribute its findings to the efforts aimed at the Disarmament, Demobilization, and Reintegration (DDR) of the former combatants as and when agreed by the Parties.

Rehabilitation and Socio-Economic Reintegration

The [truth-seeking and / or and reconciliation mechanism] may issue recommendations for the development of a plan that includes measures for the rehabilitation and socio-economic reintegration of members of these disbanded groups.

Prisoner Exchange/Missing Persons

The [truth-seeking and / or reconciliation mechanism] will contribute with the information collected to the identification of prisoners [and / or] missing persons to facilitate prisoner exchange or the return of missing persons.

Geographical Scope

Note to Drafters: The parties may prioritize specific activities of the truth and/or reconciliation mechanism in certain areas of the state where such activities may be most relevant and needed.

The mandate of the [name of the truth-seeking and / or reconciliation mechanism] shall extend to the entire territory of [state / region], with particular attention to areas disproportionately affected by conflict, ensuring that all regions where violations occurred are adequately represented in the investigation.

Powers

Note to Drafters: The parties may grant specific powers to the truth-seeking and/or reconciliation mechanism in light of the goals and functions outlined in the mandate of the mechanism. This may include the authority to collect testimony, hold public and private hearings, protect victims and witnesses, and make binding recommendations.

General Clause on Applicable Laws

The [truth and / or reconciliation mechanism] shall be established by legislation, which shall be promulgated not later than [time] after the formation of the [transitional authority] and commence its activities not later than a [time] thereafter. Such legislation shall, among others, outline mechanisms and methods for enabling the [truth and / or reconciliation mechanism] to discharge its duties and responsibilities.

Investigative Powers

The [name of the truth-seeking and / or reconciliation mechanism] is empowered to investigate all forms of evidence, including witness testimonies, official documents, and records, and to gather information from all relevant sources, both governmental and non-governmental.

Subpoena Power

The [name of the truth-seeking and / or reconciliation mechanism] shall have the authority to subpoena individuals, organizations, and institutions to provide testimony or produce documents relevant to its investigation. Failure to comply may result in penalties as outlined by national law.

Collaboration with Other Bodies

The [name of the truth-seeking and / or reconciliation mechanism] shall collaborate with national and international bodies, including the judiciary, civil society organizations, and international human rights organizations, to ensure the thoroughness and legitimacy of its findings.

Inclusion, Empowerment, and Protection

Note to Drafters: As the main goal of truth-seeking and/or reconciliation mechanisms is to promote reconciliation, special attention is often paid to marginalized or vulnerable groups. This includes victims of mass atrocities who may have suffered individual harm, both psychological and physical, or the loss of properties or other economic resources. Survivors of SGBV, commonly women, are often stigmatized. Truth-seeking and reconciliation mechanisms typically take the rights, needs, and interests of these groups into account and promote their inclusion, empowerment, and protection in the process of establishment of truth-seeking and/or reconciliation mechanisms.

Public Hearings

The [truth-seeking and / or reconciliation mechanism] shall conduct public hearings to provide victims, witnesses, and perpetrators an opportunity to testify. These hearings may be held in public or private sessions depending on the sensitivity of the testimony and the security needs of the participants.

Victims and Witness Protection

The [truth-seeking and / or reconciliation mechanism] shall ensure the safety and security of all individuals who participate in its processes by establishing robust victim and witness protection measures, including confidentiality, relocation assistance, and psychological support.

Participation

In the process of setting up the [truth-seeking and / or reconciliation mechanism], the [transitional authority], in collaboration with other stakeholders and the civil society, shall conduct public consultations for a period of [time] prior to the establishment of the [truth-seeking and / or reconciliation mechanism]. Such consultations shall ensure that the experiences of women, men, girls, and boys are sufficiently documented and the findings of such consultations incorporated in the resultant legislation.

Complementarity

Note to Drafters: As truth-seeking and/or reconciliation mechanisms are often implemented in tandem with other transitional justice mechanisms, parties may acknowledge the complementary nature of the work done by a truth-seeking and/or reconciliation mechanism.

The [truth-seeking and / or reconciliation mechanism] shall operate as a key component of the broader transitional justice framework, complementing other mechanisms such as criminal tribunals, reparations programs, and institutional reforms. The integration of these mechanisms aims to provide a comprehensive approach to addressing past injustices and promoting sustainable peace.

Composition

Note to Drafters: The parties may provide general guidelines for the members of the truth-seeking and/or reconciliation mechanism.

Multidisciplinary Team

The [truth-seeking and / or reconciliation mechanism] shall be supported by a diverse, multidisciplinary team composed of individuals with expertise in fields relevant to its mandate. The staff shall include, but not be limited to, the following professionals: Human rights investigators Legal experts in international and transitional justice Psychologists and trauma counselors Social workers Archivists and historians Forensic specialists Conflict resolution and reconciliation experts Communications and outreach personnel.

Report and Recommendations

Note to Drafters: Truth-seeking and/or reconciliation mechanisms generally publish a report with their findings and recommendations. To promote transparency and accountability, the parties may agree that the truth-seeking and/or reconciliation mechanism comply with specific reporting requirements. The parties may indicate such and additional requirements in the peace agreement.

Final Report

Upon the completion of its investigation, the [truth-seeking and / or reconciliation mechanism] shall produce a final report detailing its findings, conclusions, and recommendations. The report shall be made publicly available and presented to the government, civil society, and international bodies as appropriate.

Follow-Up Mechanism

A follow-up mechanism shall be established to monitor the implementation of the recommendations of the [truth-seeking and / or reconciliation mechanism]. This mechanism shall report regularly on progress and ensure that the recommendations are acted upon by relevant stakeholders, including government institutions and civil society organizations.

Further Readings

• PSRP, Transitional Justice
• United States Holocaust Memorial Museum, Transitional Justice Tools: Truth Seeking
• USIP, Confronting the Truth: A Companion Guide