Entwined Paths to Justice: The Inter-American Human Rights System and the Peruvian Truth Commission

Abstract

This chapter shows how the Inter-American system of human rights protection directly impacted on the history of the Peruvian Truth and Reconciliation Commission from before its formation until after the publication of its final report. The argument is that the Peruvian actors-including both survivors/victims and the state-have often relied on the Inter-American system in their lobbying campaigns to promote their particular justice agenda at home, and that they have done so with good effect. This observation holds true despite the turbulent history of Peru with the Inter-American system. The author argues that although the international oversight system has little power to actually impose compliance despite the supposed obligatory nature of the norms it protects, that true compliance relies on local advocates to push forward the justice agenda. That said, the international system exerts a positive role in shaping the rights culture where these activists operate. The relationship between the truth commission and the Inter-American System reflected this ideal of mutual reinforcement although not without some unexpected tensions which the author explores.

Keywords: Transitional Justice, Human Rights, Reparations, Truth Commissions, Inter-American Human Rights System