Putis, Peru, 2008. A member of the Peruvian human rights organization Paz y Esperanza explains reparations to a survivor of the 1984 army led massacre. Although the Ministry of Defense refuses to release the names of the 123 victims, forensic scientists are currently working with relatives to identify the remains of family members exhumed from nearby mass graves in 2008. Photo by Graham Gordon.
In May 2006, the ICTJ launched The Handbook of Reparations, a groundbreaking collection of essays analyzing massive reparations programs for victims of human rights violations, published by Oxford University Press.
While other research efforts have focused on the judicial resolution of individual reparations claims, this is the first work to focus squarely on the attempts to provide reparations to victims of human rights violations through massive programs. In addition to its impressive scope, the book examines national reparations experiences that have never before been systematically assessed and analyzed.
At more than 1000 pages, this comprehensive study is the result of more than three years of intensive international and interdisciplinary research and the collaborative work of 27 authors from 14 countries.
"A great deal of attention has been paid to post-conflict or transitional countries' attempts to prosecute human rights violations," emphasized Pablo de Greiff, ICTJ research director and the book's primary editor. "Until now, much less attention has been paid to these countries' efforts to provide reparations to large numbers of victims seeking redress. This is typical of the justice field, which tends to focus on struggles against perpetrators, rather than efforts on behalf of victims, and it is this gap that we wanted to address."
The Handbook provides a broad range of essential information about past experiences with massive reparations programs as well as normative guidance for future practice. Organized around three main sections, the book delves into:
- 11 case studies
- 9 thematic studies
- numerous primary documents and legislation.
Focusing on such varied contexts as Chile, Malawi, the September 11 Fund, and postwar Germany, the case studies offer new information about programs in different parts of the world that were previously ignored.
- The thematic papers are no less groundbreaking, tackling theoretical and practical issues also rarely addressed but that arise in the design and implementation of reparations programs, including the impact of psychosocial interventions and the impact of reparations on gender justice.
"Three years ago it was impossible to find even basic information about reparations programs worldwide," de Greiff pointed out. "Confronted with this dearth of information, the ICTJ pioneered an ambitious research project to provide detailed information about these programs and at the same time, to stimulate thinking about which justice criteria can and should be applied to large numbers of claims. Benefiting from our ongoing in-country reparations work, The Handbook is the point at which theory, debate, and practical experience converge. Our hope and goal is that it will become a useful tool for future work on reparations."
The ICTJ's distinct approach to reparations has already significantly influenced a number of reparations efforts. The approach was adopted by:
- the Peruvian Truth and Reconciliation Commission in the chapter on reparations in its final report
- the Commission on Illegal Detention and Torture in Chile
- the Truth and Reconciliation Commission for Sierra Leone
- in various international documents including Diane Orentlicher's update of the Joinet Principles on combating impunity.
Most recently, the Center's approach significantly influenced the design and implementation of the Moroccan truth commission's reparations program.
Finally, as testimony of the expertise underlying the production of the The Handbook, de Greiff was asked to write the document on reparations to be part of the Office of the UN High Commissioner for Human Rights' Rule-of-Law Tools for Post-Conflict States.
The Handbook is fast becoming the standard reference for scholars, practitioners, government officials, policymakers, NGOs, and multilateral organizations as they seek to design, fund, and implement successful reparations programs.
Numerous launch events for The Handbook in 2006 featured panel discussions with some of the authors, other luminaries in the field, and ICTJ staff. For example:
- The New York City launch took place on October 23 at New York University Law School, and featured Archbishop Desmond Tutu
- The Center's new offices in Brussels and Geneva hosted launches on June 7 and 8, respectively, with the UN High Commissioner for Human Rights, Louise Arbour, participating in the Geneva event.
- An event at The Hague, with judges from the International Court of Justice and the International Criminal Court, took place on May 22.
The Handbook of Reparations is available for purchase from Oxford University Press. You can read Pablo de Greiff's introduction on-line.
(Updated July 2008)
