V. PREPARING THE WAY FOR CONSULTATIONS:
THE IMPORTANCE OF SENSITIZATION
Regardless of the form or precise objective of the consultations, they need to be accompanied
by a tailor-made sensitization programme. The people to be consulted need to have the necessary information and understanding so that they can express informed viewpoints. They need
to be aware of the transitional justice options open to them. This requires them first to be made
aware of the specific context in which the consultations are taking place. Depending on the
circumstances, they may need to be confronted with reminders of the patterns of conflict or
oppression that are to be addressed. They may also require information on political or other
decisions that have been taken about transitional justice, for instance, on the relevant provisions
of a peace agreement. Groups to be consulted will always require information about the precise
purpose of the consultations, so that they are less likely to have false or unrealistic expectations
of the outcomes. Managing expectations is particularly important if the fundamental elements
of the transitional justice framework are already in place. This is illustrated by reports from
Colombia that participants in consultations that occurred after the adoption of the relevant legislation were frequently confused about the purpose of the exercise and had unrealistic hopes
of what could be achieved.
Sensitization work should also refer to the experience of other countries. This is in order to
provide consultees with an understanding of the range of options open to them as well as the
relative strengths and weaknesses of various transitional justice initiatives. However, this aspect
of sensitization needs to emphasize that national programmes of transitional justice have to be
calibrated to the specific circumstances of the situation. It is important not to give the impression that what worked in one country will be just as effective in another. This misunderstanding
lay behind the common misapprehension, which persisted for many years, that the South African Truth and Reconciliation Commission’s model could be exported and applied without any
amendment or adaptation to local circumstances or that its amnesty-for-truth approach might
work in any situation.
The extent to which the language and the concept of transitional justice may be alien to a
population cannot be overstressed. Sensitization should be undertaken in as comprehensible
a manner as the circumstances allow, for instance, by ensuring the use of all relevant forms of
expression and languages, including indigenous languages and local dialects. It should take
account of the extent to which the terminology of transitional justice and of law may be unknown or a literal translation may not exist. Thus such words as “impunity” and “accountability”
and even “crime” and “human rights” may need to be explained (even the very basic notions of
human rights may appear very remote to people whose primary concern is one of sheer survival
in desperate circumstances). However, it is important to distinguish between technical terms,
which are to be explained to the consultees, and terms on which the consultation experts wish
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