in 2008, while acknowledging the practical problems in conducting protracted consultations,
observed that “over-time data cannot generate instant policy-relevant findings, but it is crucial
to establishing trends and, therefore, causality”.17 In addition, more drawn-out consultations
may facilitate acceptance of the process on the part of consultees, a maturation of their viewpoints and an ongoing refinement of methodologies. Great care was taken in South Africa to
avoid a rushed consultation. There, the preparatory activities for the Truth and Reconciliation
Commission occurred over a period of 18 months following democratic elections in 1994. As
one commentator put it: “This preparatory time was crucial to developing the commission’s
complex empowering legislation, to gain the backing from almost all political parties, and
to seek input from many outside observers through which the proposed commission gained
legitimacy”.18
17
Oskar Thoms, James Ron and Roland Paris, “The effects of transitional justice mechanisms”, working paper (Ottawa,
Centre for International Policy Studies, April 2008), p. 81.
18
Priscilla B. Hayner, Unspeakable Truths: Confronting State Terror and Atrocity (New York, Routledge, 2001), p. 221.
17
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