NAME OF MECHANISM

Truth and Reconciliation Commission

PERIOD OF OPERATION

April 2009 – present. The Truth and Reconciliation Commission (TRC) was expected to finish its work in one year, but in accordance with the Truth and Reconciliation Act of 2008, the commission applied for a one-year extension to its mandate, which the Solomon Islands Cabinet granted in December 2010. The commission was inaugurated on 29 April 2009 and, after a series of delays, began operations on 15 January 2010.

MANDATE AND OPERATIONS

Mandate: The Truth and Reconciliation Act of 2008 was passed unanimously by the parliament in August 2008. The main goals of the commission are to promote national unity and reconciliation, restore victims’ dignity, examine the conflict’s root causes, create a record of people’s experiences of the conflict, promote accountability for human rights violations, examine the underlying impact the conflict had on the health, education and legal sectors, engage all stakeholders in the reconciliation process and devise recommendations for government and other groups that will contribute to peace and reconciliation.

The commission is mandated to investigate and report on human rights violations and to provide opportunities for the affected parties to tell their stories through public and private hearings, written statements and community consultations. In addition to violations of civil and political rights, including killings, torture, gender-based violence and forced displacement, the commission is mandated to report on violations of economic rights, such as the right to own property and the right to settle and make a living.

The TRC’s mandate is limited to events that occurred in Solomon Islands, but the commission can also investigate the role of external factors. The commission has the power to issue summonses and subpoenas to bring persons to testify before it.

Staff: The commission consists of five commissioners, of whom three are local and two are international experts. It is chaired by Reverend Sam Ata and includes Ms. Sofia Macher of Peru (Deputy Chair); Mr. George Kejoa of Solomon Islands; Mrs. Carolyn Laore of Solomon Islands; and Ratu Joni Madraiwiwi of Fiji. The local commissioners were appointed by the prime minister on the recommendations of the National Selection Committee, composed of the chief justice and representatives of the government, the opposition, the churches, the Ministry of Provincial Government, the Solomon Islands Christian Association Federation of Women and traditional leaders. The international commissioners were recommended by the United Nations High Commission for Human Rights [USIP | 2011].

Budget: The commission’s budget for 2010–2011 is US$5.1 million. It is being funded by the government of Solomon Islands and international donors, including the United Nations Development Programme, the European Union, the New Zealand High Commission and the Australian Agency for International Development [TRC | 2011].

RESOURCES

Truth and Reconciliation Commission’s official website
Truth and Reconciliation Commission Act [2008]
Truth and Reconciliation Commission (Amendment) Act [2009]

RESULTS

The commission held its first public hearings in March 2010. It plans to hold hearings throughout the country. To date, the commission has published some demographic details about these hearings [TRC | 2010].

The TRC Act stipulates that no statement, written or oral, made by any person before the commission shall be admissible against the person in any action, suit or proceeding [USIP | 2011]. Civil society has raised concerns about the contradiction between this stipulation and the TRC’s mandate, which authorises the commission to subpoena witnesses and examine responsibility for human rights violations as well as to address impunity [AI | 2009].

There have also been some concerns about the government funding the commission, as the two have had different views on how the funding should be administered, which could affect the commission’s independence [ICTJ | 2010].

BACKGROUND

Tensions between the indigenous residents of Guadacanal and Mailatian settlers had been mounting in the Solomon Islands for years as a result of competition for land, jobs, natural resources, political power and distribution of wealth. In 1998, violent clashes began between the Malaita Eagle Force and the Isatabu Freedom Movement, which claimed to represent the indigenous residents. Despite peace accords signed in June 1999 and October 2000, the conflict worsened. The violence resulted in over 100 deaths and the displacement of an estimated 20,000 people, as well as widespread beatings, arson, kidnapping, looting, torture, rape and extrajudicial detention [TRC | 2011]. 

In 2003, violence was finally suppressed by peacekeepers from the Regional Assistance Mission to Solomon Islands, who continue to operate with the consent of the Solomon Islands government [USIP | 2011].

SOURCES

[Amnesty International | 2009]
[International Center for Transitional Justice | 2010]
[United States Institute of Peace | 2011]