General

Truth, Reconciliation and National Unity Commission – Second general plenary meeting on reparations policy draft

The Truth, Reconciliation and National Unity Commission’s victim committee is a formal sub-committee of the commission which has been established, pursuant to section 3 (e) (i) of the commissions Act to represent the interest of victims before it, chairperson Gabrielle Louise McIntyre has said.

She was speaking at the second general plenary meeting on reparations policy draft held yesterday at the International Conference Centre (ICCS), gathering victims who have filed complaints before the Truth, Reconciliation and National Unity Commission (TRNUC) in relation to alleged human rights violations committed in relation to the 1977 Coup.

The TRNUC is mandated to make recommendations with respect to appropriate reparations, remedies and rehabilitative measures for victims and perpetrators to the President.

The commission has given considerable thought to how compensation to victims should be determined when that compensation is to be recommended as payable by the state and while the commission will consider each case on its merits and ensure fairness to the victim, it will also take account of what is a reasonable burden to be placed upon the tax payer in all the circumstances before it.

It may also recommend community-based reparations, including the establishment of places of memorial as a means of permanently acknowledging the suffering of victims and paying tribute to them.

Mrs McIntyre explained that the meeting allowed an opportunity to the victims and general public to express their views on the recommendations for reparations to victims that should be made by the commission in its reparations policy.

A reparations policy which has been developed by the commission to be applied by a successor body follows best practices and takes a holistic approach to reparations.

She added that the policy identifies and proposes recommendations of numerous non-monetary forms of reparations, none of which seem to be in dispute.

She said the only outstanding aspect which does appear to be the subject of dispute is the quantum of monetary compensations that should be recommended for victims of varying human rights violations, found to have been established by the commission.

Mrs McIntyre further noted that at the first plenary session, proposal on quantum were discussed and those figures led to considerable debate in the broader community thereafter, while it appears that the main concern is feasibility of the sums being proposed.

There also seems to be issues concerning the rights of victims to receive reparations, and in particular monetary reparations.

She explained that in this respect, it must be noted that it seems that the victims are perceived as taking advantage for seeking appropriate redress for the violations they have suffered.

Mrs McIntyre reminded everyone that the redress is the victims’ right and that indeed the TRNUC set up the victims committee because it wanted to ensure that its recommendations on reparations were guided and informed by the right holders in law to reparations, the victims themselves.

She also added that the failure to provide adequate and prompt reparations to victims is re-victimisation, according to international law.

Addressing the gathering, vice-chairperson of the TRNUC, Michael Green, said the presence of Mrs McIntyre, armed with her skills and experience has helped to shed light on a portion of our history which had been in the dark for over 40 years.

Quoting Mrs McIntyre, Mr Green noted that reparation is necessary and it is the responsibility of the state to carry out and oversee such process.

Since the beginning, the commission has been urging people that the truth is essential, and that in that regard, it has achieved its target, in terms of unveiling long-hidden truth, even if some people were not entirely happy about it.

Mr Green added that it has also been the commission’s mission to educate the people on reconciliation after knowing the truth, while, according to him, reconciliation has been forgotten and replaced by reparation.

He said it does not make sense for victims to seek reparation when they are not ready to forgive and reconcile, using the commission for only part of its mandate.

Mr Green further noted that it is sad that several people – considered as high-ranking members of the society – have refused to come forward, admit to their guilt and take their responsibilities.

He urged the general public to do their utmost best in convincing the government to take appropriate actions against those people.

As for those who have come forward and confessed to their wrong-doings, Mr Green urged the victims to follow the examples of the Elizabeth and Hoffman families and forgive them.

The victims’ committee is made up of Barry Laine (chairman), Regis Francourt (vice-chairman), Julianna Betsy (co-secretary), Lewis Betsy (co-secretary), Livette Hermitte and Bernard Sullivan (members).

During yesterday’s session, those present had the chance to hear presentations from Messrs Francourt and Laine, Mrs Betsy, Mrs Hermitte and also professor Fabian Salvioli who is the United Nations Special Reporter on Truth, Justice and Reparation.

They also had the opportunity to share their views on how the reparation process should be carried out by the government.

Source: Seychelles Nation