Truth Commission Recommendations Towards Reconciliation
The recommendations made at the end of the TC and CEH reports were of major importance.
They outlined the impartial truth commissions’ respective visions for healing, prevention of
conflict recurrence, and national reconciliation for El Salvador and Guatemala. El Salvador’s
case was the first negotiated truth commission in which the Parties were bound to the
implementation of the recommendations. A provision of the Mexico Agreements explained that
the two parties, the FMLN and the Government, must cooperate with the TC and carry out its
recommendations.’ 77 This binding nature of the recommendations was critical for
72communicating to the entire country an initial willingness to work for change in the future with
former enemies. If the recommendations were then carried out or pursued in good faith, such a
progression would exemplify and reinforce the ideal of reconciliation throughout society. In
contrast, a failure to uphold and prioritize the TC recommendations after pledging to do so,
would greatly undermine confidence in the potential for reconciliation. It would slow motivation
to work for the ideal and reverse society’s optimism. This would be a betrayal of the Parties’
own words and stated policy, further eroding the trust the people looked to restore in the
government and relevant parties.
If opposing parties recognize a real potential for reconciliation and have concrete measures
through which to make progress together, yet let the moment pass them by and allow the
momentum to whither, they send the message that reconciliation and society healing is not
important. The danger is that society may never face another opportunity so timely, direct, and
promising to demonstrate reconciliation and, thus, build momentum for reconciliation among
society.
In a direct effort to promote national reconciliation, the TC dedicated a certain section of its
proposed recommendations to initiatives addressing victims’ need for dignity, acknowledgement,
and justice. To provide material compensation, a fund was to be created for the victims and
families of victims of the violence. 178 It specifically required that at least 1% of all international
aid sent to the country of El Salvador be earmarked for the fund.
179
For moral compensation, the
commission recommended three important gestures: (1) “The construction of a national
monument bearing the names of all the victims of the conflict;” (2) official and public
recognition of the victims and crimes committed against them; and (3) “the institution of a
national holiday in memory of the victims of the conflict and to serve as a symbol of national
73reconciliation.” 180 Finally, a special “Forum for Truth and Reconciliation,” which would
monitor compliance with the recommendations, was recommended to be created by the newly,
peace accord-created National Commission for the Consolidation of Peace (COPAZ).
181
It is
interesting to note that this last recommendation was situated in the “Steps Toward National
Reconciliation” section of the recommendations document. Such a placement implies the
recognition that reconciliation would be contingent upon the implementation of the
recommended reforms and initiatives in all of the areas included: military reform and
demilitarization, creation of a civilian police, dismissal of violators, judicial reform, respect of
human rights, and steps toward national reconciliation. The TC sought to address the problem of
impunity with the dismissal of all of the officers named in the Ad Hoc commission’s report and
in the TC’s report. Likewise, all civilian government officials implicated in the unjust violence or
cover-up were to be dismissed. Anyone who was implicated in such violence was disallowed to
hold public office for ten years and prohibited from defense or security positions for life.
Additionally, in order to ensure that no corrupt legacies of the past perpetuated impunity in the
courts, it called for the removal of all of the Supreme Court justices who had failed to investigate
abuses. The report also emphasized the ratification of any international human rights treaties
that it had yet to enforce. 182 Interestingly, the report did not recommend prosecution of the
perpetrators that it named in the report because it recognized that the justice system would not be
able to provide a fair trial. The judiciary was corrupt, ill-equipped, and vulnerable to political
pressure and threats. Most of the content of the TC recommendations cited the already
comprehensive reforms of the peace accords and reiterated the importance of their
implementation. The TC had few ways it could think of improving those reforms already signed,
except for the key recommendations that spoke specifically to the issue of reconciliation. Thus,
74although El Salvador’s TC recommendations were binding, they did not seem as extensive or
ground-breaking as the eighty-four recommendation included in the CEH report.
The Historical Clarification Commission concluded their report, Memoria del Silencio
(Memory of Silence) with a comprehensive, impressive list of eighty-four recommendations to
the Parties. They were organized by theme: preservation of the memory of the victims;
reparatory measures (including the exhumations of clandestine graves); fostering a culture of
mutual respect and observance of human rights; strengthening the democratic process (legislative
measures, military reform, civilian police and security forces); measures to promote peace and
national harmony (especially the recognition of indigenous rights); and creation of a body to
promote and monitor the implementation of the recommendations. 183 The CEH directed the
President to express, in the name of the State of Guatemala, public apologies to the nation for the
violence wrought on the people and to assume responsibility for such acts.
184
As the Salvadoran
TC had done, the CEH called for purging the armed forces of its human rights violators. The
CEH additionally called for the dissolution of the Estado Mayor Presidential y Vicepresidential,
Guatemala’s secret services, implicated in many of the most egregious and massive-scale
atrocities. Of high importance, the CEH called for the criminals of human rights abuses to be
brought to justice through the courts.
The third section of the chapter of recommendations on “Reparatory measures” began, “The
CEH considers that truth, justice, reparation and forgiveness are the bases of the process of
consolidation of peace and national reconciliation.” 185 It was critical that the CEH recognize that
these recommendations were specifically intended to “dignify the victims.” In this way, it did
not leave room for any interested parties, like the government, to deny that the central focus of
reconciliation should be on the victims, rather than on former combatants or actors of the
75conflict. In the introduction to this section, the CEH charged the Guatemalan State with
“design[ing] and promot[ing] a policy of reparation for the victims and their relatives. There
could be no mistake that the government must engage in real reconciliation — direct contact with
or actions implemented specifically for the victims. Purporting a policy of reconciliation through
amnesties given to perpetrators and speeches about forgiveness and “moving on” would not help
society heal and reconcile. The CEH clearly acknowledged this in its report and
recommendations. Unlike the recommendations in the Salvadoran TC report, these were not
binding. However, the final recommendation of the CEH for the establishment of a State and
civil society-combined body to hold both groups mutually responsible for the implementation of
the recommendations would hopefully help monitor this progress. The “Foundation for Peace
and Harmony,” (FundaciOn de la Paz y el Acuerdo) as it would be called, was to be created no
more than sixty days following the publication of the CEH report through a legislative measure
brought to Congress by the Commission on Human Rights.