A/HRC/27/65 determination through restorative justice, as there is an increased risk that processes may be co-opted to by States or other actors.52 D. Restorative justice for peace and reconciliation 76. Restorative justice for the broader purposes of peace and reconciliation has been utilized in multiple contexts, including indigenous-related truth commissions in Australia, Canada, Chile, Guatemala, Peru, the Australian Apology and subsequent reconciliation initiatives, the Maine Wabanaki-State Child Welfare Truth and Reconciliation Commission, the Waitangi Tribunal in New Zealand, and the use of customary law both in peaceful and post-conflict indigenous societies.53 77. Truth commissions have varying purposes and modes of operation, yet many display features that align with or support restorative justice principles. For example, truth commissions may make a contribution to restoration by illuminating the truth of what occurred, identifying institutions responsible for abuses, recognizing victims and providing a forum in which they can share their experiences and tell their stories, as well as making recommendations on how to provide remedies and prevent future violations.54 They may also allow for, or be influenced by, customary practices. For example, Archbishop Desmond Tutu has described the South African Truth and Reconciliation Commission (SATRC) as having been influenced by ubuntu (traditional African concepts of healing and well-being).55 Further, truth commissions may facilitate access to justice in situations where this would otherwise be very difficult to achieve, such as in the context of past treatment of indigenous peoples.56 78. Although it was not established to align with the principles of restorative justice, the operation of the SATRC has been described as “restorative”.57 For example, through the use of both an Amnesty Committee (for perpetrators) and a Human Rights Committee (for victims), the process was able to include both the perpetrators and victims of injustice in the process.58 However, this feature has also been criticized as it maintained separation between the parties.59 The SATRC has also been criticized for its limited ability to make reparations, a power that was reserved for the Government.60 79. The Truth and Reconciliation Commission of Canada, established in 2008, is aimed at achieving peace and reconciliation by addressing the legacy of the residential school system imposed on indigenous children in Canada. It has a mandate to hear the truth, promote healing and facilitate reconciliation. It is restorative in its role of seeking out truthtelling in the form of sharing and recording of information, leading to greater understanding 52 53 54 55 56 57 58 59 60 18 Stephanie Vieille, “Frenemies: restorative justice and customary mechanisms of justice”, Contemporary Justice Review: Issues in Criminal, Social, and Restorative Justice, vol. 16, No. 2 (2013). See for example the study of the United Nations Permanent Forum on Indigenous Issues on the rights of indigenous peoples and truth commissions and other truth-seeking mechanisms on the American continent (E/C.19/2013/13). Jennifer Llewellyn, “Truth commissions and restorative justice”, in Handbook of Restorative Justice, Gerry Johnstone and Daniel W. Van Ness, eds. (Cullompton, Willan Publishing, 2007), p. 358. Michael King et al., Non-Adversarial Justice (Annandale, Federation Press, 2009), p. 61. Llewellyn, loc. cit. (see footnote 63 above), p. 352. King et al., op. cit. (see footnote 64 above), p. 61. Llewellyn, loc. cit. (see footnote 63 above), p. 362. Audrey R. Chapman, “Truth commissions and intergroup forgiveness: the case of the South African Truth and Reconciliation Commission”, Peace and Conflict: Journal of Peace and Psychology, vol. 13, No. 1 (March 2007), pp. 66–67. Llewellyn, loc. cit. (see footnote 63 above), p. 365.