Each year, on March 24, the International Day for the Right to the Truth Concerning Gross Human Rights Violations and for the Dignity of Victims is observed.
Victims of serious human rights violations and their relatives have the right to know the full information about the events that occurred. For Indigenous Peoples, this right is of particular importance because it is closely tied to cultural identity and the possibility of gradual healing from the traumas of colonialism. Beyond the historical context, the truth of the now is of great importance for Indigenous rights defenders and their families who have been victims of rights abuses as they want to know the truth and restore justice. Just as entire Indigenous Nations want recognition of the truth about violations, especially when they were committed in the name or with the acquiescence of the State, such as dispossession of ancestral lands, physical extermination, forced assimilation, and other forms of inhumane violations against generations that continue to this day.
Today, the right to the truth is derived from a number of other rights, such as the right to life, the right to an effective judicial remedy, the right to a fair trial, the prohibition of torture and inhuman treatment, etc. In this context, Indigenous Peoples can rely on several procedures to protect their rights to truth. In addition to the UN Human Rights Committee, the Human Rights Council, and its special procedures, this right is closely linked to the provisions of the UN Declaration on the Rights of Indigenous Peoples (2007), the Resolution 9/11 of the Human Rights Council (2008), and Updated set of principles for the protection and promotion of human rights through action to combat impunity (2005).
Truth commissions are also an example of mechanisms for realizing the right to truth. An example is the Commission for Historical Clarification, La Comisión para el Esclarecimiento Histórico, which was created in 1994 to clarify the past with “objectivity, justice and impartiality” in response to the thousands of atrocities and human rights violations committed during Guatemala's Сivil War (1960-1996). When due to military transfers and years of guerrilla movement, government forces carried out a campaign of genocide against the Indigenous Maya population, especially in the Northern regions of the country where the guerrilla army was active.
The Commission for Historical Clarification, established as part of the peace process, estimated that more than 200,000 people were killed or missing, of whom 83% were Maya. In 2013, former dictator Efrain Rios Montt was convicted of genocide and crimes against humanity, a conviction that was later overturned, and his retrial had not been completed by the time of his death in 2018.
Another example is the Truth and Reconciliation Commission of Canada, which operated from 2007 to 2015 and was established to investigate residential schools for indigenous children. As a result of its work, the Commission collected more than 6,500 testimonies from former students of these schools. It published an extensive report stating that 3,200 Indigenous children had died in residential schools and labeling it a “cultural genocide.” To date, 1,308 unmarked graves - mostly belonging to children - have been confirmed to have been found on the grounds of former boarding schools. The total death toll may range from 6,000 to 25,000, as thousands of these children went missing, and many survivors were permanently traumatized by the violence.
The history of Indigenous Peoples in most countries of the world is marred by serious violations of their rights. Hope for justice remains, as recent decades have seen a trend toward recognizing these violations and seeking justice.
The right to truth is closely linked to human dignity: gross violations of Indigenous Peoples' rights not only harm the physical and psychological well-being of victims but also their dignity, depriving them of recognition and respect. That is why the right to truth contributes to restoring dignity. This process, as a minimum, should include:
- Establishing the truth and public recognition
Official public recognition of the facts of violations, their causes, and consequences. Public recognition of the truth about the injustices that Indigenous Peoples have suffered, without minimizing or justifying them, helps to restore the moral status of victims and their sense of belonging to a community of equals.
- Justice and bringing perpetrators to responsibility
Bringing perpetrators to justice and announcing their names creates conditions for preventing the repetition of violations. Establishing the truth about what happened can help dispel stereotypes and discrimination against Indigenous victims used to justify violations. Here, it is also very important that the voices of victims, including indirect ones, are heard, which allows them to become active participants in restoring justice, not just victims.
- Compensation and admission of guilt
It is not possible to compensate for the damage caused to Indigenous Peoples by any payments or material compensation, but it must take place. Even a symbolic admission of guilt has much greater significance than its absence. Admission of guilt is justice that will help the rehabilitation of victims and the development of future generations; it must be fair and include, among other things, financial flows or the return of stolen property and land.
- Restoring the dignity of victims
The right to truth is directly related to the healing and social restoration of Indigenous Peoples, their self-respect, and regaining control over their lives in society. This is especially important for Indigenous Peoples because it is their uniqueness, culture, language, ceremonies, and customs that have been chosen as the basis for causing violence and discrimination. This is very important for restoring culture and traditions and restoring Indigenous Nations as a whole.
For Indigenous Peoples, this right is fundamental because their history is often ignored, distorted, or destroyed. Realizing the right to truth helps restore real justice and strengthen the rights of Indigenous Peoples.
Top photo: Students in The Record of Truth Photography participatory photography program critique a photo in class (Kate Moxham). In the article "Keepng Their Own Records: The Record of Truth Participatory Photography Project" by Stanley Durham and Warren Ogden
