I- WHAT IS THE HCRRUN?
It is the High Commission for Reconciliation and Strengthening National Unity. It was established on the proposal of the Truth, Justice and Reconciliation Commission (CVJR)
in accordance with Recommendation No. 57, which suggests for this purpose the creation by law of a body responsible for implementing the reparations programme or, failing that, entrusting this mission to the High Commission for Reconciliation and Strengthening National Unity (HCRRUN), created in 2008.
It should be noted that the Truth, Justice and Reconciliation Commission (CVJR) had the ultimate objective of working towards national reconciliation, civil peace and political stability.
II- WHY THE CVJR?
The signing on 20 August 2006 of the Global Political Agreement (APG) by the actors in Togo’s socio-political life recommended, in points 2.2.2 and 2.4, the establishment of a Commission tasked with shedding light on acts of violence committed in the past and another tasked with appeasing the victims.
III- WHO CREATED THE HCRRUN ?
The HCRRUN was created by Decree No. 2013-040/PR of 24 May 2013, amended by Decree No. 2014-103/PR of 03 April 2014.
IV – WHAT IS THE MISSION OF THE HCRRUN ?
The HCRRUN’s mission is to implement the recommendations and the reparations programme developed by the CVJR.
- BY DOING WHAT?
By carrying out the following actions:
- Propose all legislative, regulatory or institutional measures incorporating aspects of the CVJR’s recommendations on combating impunity, guarantees of non-repetition and victim reparations;
- Propose to the President of the Republic all measures likely to facilitate the fulfilment of its mandate;
- Manage the funds allocated to the reparations programme;
- Initiate actions likely to help establish a calm social and political climate, necessary for national reconciliation;
- Promote the values of peaceful coexistence, a culture of dialogue and solidarity, and citizens’ participation in collective life based on acceptance of differences;
- Ensure respect for and the effective achievement of objectives aimed at combating impunity and promoting reconciliation, peace and national unity, by all bodies and all actors in national life;
- Ensure the preservation of the CVJR’s archives and assets during its mandate.
- WHAT IS THE COMPOSITION OF THE HCRRUN ?
Under Decree No. 2014-211/PR of 24 December 2014 appointing the members, the High Commission for Reconciliation and Strengthening National Unity (HCRRUN) is composed of three members:
- A Chairperson;
- A First Rapporteur;
- A Second Rapporteur.
VII. WHO ARE THE CURRENT MEMBERS?
- Chairperson: Mrs Awa NANA, retired magistrate, former President of the ECOWAS Court of Justice;
- First Rapporteur: Dr Evalo WIYAO, academic, historian;
- Second Rapporteur: Mrs Claudine Y. L. KPONDZO AHIANYO, literary scholar, former member of the CVJR.
VIII- HOW LONG ARE THEY APPOINTED FOR?
The members of the HCRUUN are appointed for three (3) years, renewable once, for an identical or different duration (Article 5 of the founding decree).
IX- IS THE HCRRUN INDEPENDENT?
Yes, the HCRRUN enjoys administrative and management autonomy.
X- WHERE DO ITS RESOURCES COME FROM?
In material and financial terms, its resources come from the State budget.
They also include donations or grants from Togo’s development partners and any other donors.
In terms of human resources, the HCRRUN may call on any resource person whose skills are deemed useful for the accomplishment of its mission.
XI- IF THE HCRRUN IS INDEPENDENT, TO WHOM DOES IT REPORT?
The HCRRUN submits a report at the end of each half-year and a consolidated annual report to the President of the Republic (see Article 8 of Decree No. 2014–103/PR).
An end-of-mission report by the HCRRUN is also submitted to the President of the Republic.
All these reports are made public.
XII- WHAT IS TRANSITIONAL JUSTICE?
Transitional Justice is justice in transition, that is, halfway between traditional justice and restorative justice.
It is the set of judicial and non-judicial mechanisms aimed at helping a country move from a divided past towards a shared future.
It is based on four fundamental pillars:
- The right to truth or the need to know;
- The right to justice (restorative or criminal);
- The right to reparation; and
- The obligation to carry out institutional reforms as guarantees of non-repetition.
XIII- WHAT IS THE DIFFERENCE BETWEEN TRANSITIONAL JUSTICE AND TRADITIONAL JUSTICE?
Transitional Justice is a victim-centred mechanism. It has a special procedure and can choose between criminal prosecution and the appeasement of hearts through a reparations programme or process. It operates within a time limit and under a specific mandate.
Contrary to popular belief, the Transitional Justice mechanism is not a factor of impunity, but rather a set of measures taken to combat impunity.
Traditional Justice is Criminal Justice, i.e. a judicial mechanism with criminal procedures. It operates over an unlimited period of time with a fairly varied administration of evidence.
XIV- WHAT IS MEANT BY REPARATION IN TRANSITIONAL JUSTICE?
It is the recognition of an individual’s status as a victim and then of their right to obtain compensation for harm suffered.
In Transitional Justice, the aim of reparation is to be adequate, effective and prompt. It must promote social justice by remedying violations of international human rights law or violations of international humanitarian law.
XV- WHO MUST PROVIDE REPARATION?
It is the State. In accordance with its domestic legislation and its international legal obligations, the State ensures that victims receive reparation for acts or omissions of its agents that may be attributed to it because they constitute violations of international human rights law or violations of international humanitarian law.
XVI- WHY IS IT THE STATE?
Because it failed in its obligations to ensure the protection of citizens on its territory. In doing so, the State has incurred responsibility.
XVII- WHAT DOES THIS REPARATION CONSIST OF?
It does not consist of giving money to victims.
On the contrary, according to international standards, reparation can take five (5) forms, namely:
17.1 Restitution
Restitution includes, as appropriate: restoration of liberty, enjoyment of human rights, identity, family life and citizenship, return to one’s place of residence, and restoration of employment and property.
17.2 Compensation
This is understood as an economic assessment of each case, such as: physical or psychological harm; lost opportunities, including in relation to employment, education and social benefits; material damages and loss of earnings, including loss of earning potential; moral damage; costs incurred for legal assistance or expert assessments, for medicines and medical services, and for psychological and social services.
17.3 Rehabilitation
This is understood as medical and psychological care as well as access to legal and social services.
17.4 Satisfaction
It includes the following measures: effective procedures aimed at putting an end to ongoing violations; full and public disclosure of the truth, search for missing persons, identification of children who have been abducted and of the bodies of persons killed, and assistance for the recovery, identification and reburial of bodies; restoration of dignity; public apologies, including acknowledgement of the facts and acceptance of responsibility; judicial and administrative sanctions against those responsible for violations; commemorations and tributes to victims; etc.
17.5 Guarantees of non-repetition
They include measures that contribute to the prevention of violence and consist of: ensuring effective civilian control of the armed forces and security forces; ensuring that all civil and military procedures comply with international standards of due process, fairness and impartiality; strengthening the independence of the judiciary; promoting mechanisms to prevent, monitor and resolve social conflicts; reviewing and reforming laws that encourage or allow flagrant violations of international human rights law and serious violations of international humanitarian law.
It is important to note that in terms of reparation and compensation, one can never promise the population what one does not have; attention must be drawn to each person’s reality and collective, real questions must be asked: where will the funds for individual reparation be found?
For this reason, each country that engages in the Transitional Justice process adapts these five standardised forms of reparation to its socio-cultural context.
XVIII- WHAT IS THE REPARATIONS PROGRAMME?
It is the set of measures a State takes to provide satisfaction and/or compensation to persons it recognises as victims of violations within a given framework. This programme also enables the State to decide the timeframe within which these reparations will be made and what form they will take.
XIX- WHAT IS PEACE?
Peace has several definitions. It means:
- a set of values, attitudes and behaviours that enable an individual to live in harmony with themselves, with others and with the environment;
- a situation in which individuals and communities say they are satisfied with the relationships they have with one another and with the opportunities they have to change those relationships;
- a way of behaving that implies mutual respect between people and acceptance of everyone.
XX- WHAT IS SOCIAL COHESION?
Social cohesion means a positive change in relationships among the inhabitants of the same community. These are people who, at a given moment, decided to set aside their social, political, religious and other differences in order to build their community together, overcome their difficulties together and live in harmony.
XXI- WHAT BRINGS THESE THREE THINGS TOGETHER: THE REPARATIONS PROGRAMME, PEACE AND SOCIAL COHESION?
It is the result that will be achieved. When the reparations programme is implemented, even if it does not fully repair the victims, there will be an atmosphere of peace and satisfaction that will foster good relations among citizens. This relationship will enable people to come together to build their communities.
XXII- WHAT IS THE CITIZEN’S CONTRIBUTION TO RECONCILIATION AND STRENGTHENING NATIONAL UNITY?
Citizens must support the HCRRUN’s activities by helping it convey messages of peace and living together, and by suggesting other activities that can foster satisfaction and the guarantee of non-repetition.
XXIII- HOW COULD THE REPARATIONS PROGRAMME LEAD TO PEACE AND SOCIAL COHESION?
23.1 Will the HCRRUN grant victims reparations corresponding to the harm suffered?
The HCRRUN will do everything possible to grant victims fair and adequate reparations that take into account the wrongs done to them. However, it is sometimes difficult for the reparation granted to correspond exactly to the harm suffered by a victim. Through the reparations programme, the State recognises not only the status of victims but also their right to reparation, even if it cannot fully meet their expectations.
23.2 Will everyone who appeared before the CVJR as victims be entitled to reparations?
Yes and no.
Yes if, after reviewing the files transmitted by the CVJR, the HCRRUN finds that all those who presented themselves as victims are indeed victims and that they are all eligible for the reparations programme in light of the criteria adopted.
No because if the studies and investigations show that the facts recounted by an alleged victim before the CVJR are false, then that person will not be able to benefit from a reparation measure. The same will apply to victims who participated in the violation of the rights of other citizens.
23.3 Who will set these eligibility criteria for the reparations programme?
Many criteria have already been developed by the CVJR, which included them in its recommendations. For example, the CVJR adopted a criterion stating that any victim identified as a perpetrator of abuses or serious human rights violations is excluded from the reparations programme (CVJR Recommendation No. 37). In general, only victims of politically motivated violence will receive reparations. Therefore, if the harm suffered by a victim falls under ordinary law, that person will not be able to receive reparation because this type of violation is taken into account neither by the APG recommendations, nor by those of the CVJR, nor even by the HCRRUN’s remit (point 2.1 of the reparations programme).
23.4 How will victims and the population know these criteria?
Participants in the Notsé workshop held from 21 to 25 July 2015 on the theme: “victim reparations in the Transitional Justice process”, issued an “ Call for commitment” addressed to all actors involved in the reconciliation process, as well as to the HCRRUN facilitators, asking them to “ make information relating to reparations available and transparent” by disseminating it widely through all communication channels. The HCRRUN will do everything possible to ensure that the entire population clearly knows the criteria that make it possible to be entitled to reparations.
23.5 What is the immediate objective pursued by the HCRRUN through this reparations programme?
The objective sought through the reparations programme is to relieve victims’ suffering and soothe their hearts, since for many years these victims have borne alone the physical or moral pain linked to the violation of their rights. Reparations are also an expression of the solidarity of the entire population towards victims. As such, they help establish more harmonious relations among Togolese people and contribute to strengthening the bonds of belonging to the same country.
23.6 More broadly and concretely, what outcome does the HCRRUN expect from the implementation of the reparations programme?
The HCRRUN hopes, thanks to the reparations programme, to create better conditions for consolidating peace and cohesion among all components of Togolese society. The reparations programme is therefore a tool for affirming Togolese identity, as it enables people to recognise themselves through their history and, above all, to repair the wrongs caused. Ultimately, it is a tool for strengthening reconciliation and unity among Togolese people.
