Truth and Healing Commission for a post-conflict Bangladesh: A victim-centered approach

According to the United Nations Human Rights Office Fact-Finding Report, at least 1,400 people were killed, and more than 11,700 were arbitrarily arrested and detained during the July Revolution in Bangladesh. The report also found that 12–13% of those killed were children.

As we explore justice mechanisms for the widespread human rights violations of the July Revolution, a restorative-transitional justice framework warrants consideration for post-conflict Bangladesh.

Unlike punitive criminal justice, restorative justice takes a participatory approach, focusing on healing and repairing the harm caused by violence. Through this process, key stakeholders—particularly victims—are provided with a safe space to express their experiences, fostering healing and restoration.

An increasing number of countries have adopted a restorative transitional justice approach to deal with gross human rights violations resulting from genocide, civil war, or mass killings. These approaches have amalgamated traditional justice mechanisms with international criminal justice provisions.

Countries like Rwanda, Timor-Leste, Sierra Leone, and Indonesia have successfully developed their transitional justice approaches by adapting traditional practices such as victim-offender engagement, truth-telling, symbolic and material reparations, healing, and cleansing rituals.

Evidently, restorative-transitional justice approaches, with their broad scope and adaptability, allow different communities to design mechanisms that can deal with diverse and complex justice aspirations.

Proposed Truth and Healing Commission

Bangladesh can develop a Truth and Healing Commission (THC) by adapting restorative-transitional justice mechanisms within its existing criminal prosecution framework. Given the paucity of institutional capacity and resources, the mobilisation of existing institutions and frameworks will ensure swift and sustainable mechanisms for justice and peacebuilding.

A grounded Truth and Healing Commission developed in Bangladesh will not only serve as a transformative process for transitional justice but also provide a justice framework for other Muslim-majoritarian countries to address their post-conflict trauma and challenges.

The THC could emphasise the need to address grievances, foster unity, and prevent the recurrence of violence while respecting our values of justice and compassion. This model's importance lies in its ability to adapt transitional justice principles to the cultural and spiritual context of Muslim-majority nations.

By combining Islamic tenets, such as mercy, healing, and communal harmony, with global practices like victim-centred truth-telling and reparations, the commission has the potential to resonate deeply with local populations.

In this article, we have highlighted three major justice mechanisms for a locally grounded approach that can address criminal justice issues while establishing accountability, truth-telling, and reparation for victims. The proposed THC has four major parts—1) Healing Circle and Truth Telling, 2) Reparation for Victims, 3) Justice. 4) Holistic Mental Wellness 

Healing circles and truth-telling

One of the key aspects of a decolonial approach to healing is active listening and consultation. A grounded justice approach requires being rooted in the victims' experiences and unique needs.

There are ongoing initiatives under organisations like Chowkidar organising healing circles and documenting victims' narratives across different universities in Bangladesh. These stories, narratives, and healing sessions can serve as a useful resource for developing tools and pathways for access to justice.

Besides, there are existing village courts in Bangladesh that seek to enhance access to justice for disadvantaged and marginalised groups within the country. These local justice institutions can be mobilised to ensure justice delivery beyond central metropolitan areas, which often receive most of the mainstream attention.

Similar to the Gacaca courts in Rwanda, the village courts in Bangladesh can also serve as a platform for healing circles. These circles can facilitate the establishment of truth-telling initiatives and memorialisation of the July revolution.

Reparation for victims

A salient element of the restorative-transitional justice paradigm is the focus on victims, which is often disregarded in the punitive approach of criminal prosecutions. In many cases, the alleged crimes rob the victims of their physical, psychological, or financial well-being.

Consequently, victims are deprived of a holistic justice outcome unless these different needs and injuries are addressed. Within the restorative-transitional justice framework, different forms of reparations can be established for the victims, which may include financial compensation, counselling services, medical treatment, etc. The July Shaheed Smrity Foundation can play an important role in this regard.

Justice for extrajudicial killings and enforced disappearance

A transformative approach to transitional justice takes account of the structural conditions of violence that ultimately culminate in extermination or massacres.

While addressing the immediate impacts of the July massacres, it is equally important to recognise egregious structural injustices such as extrajudicial killings and enforced disappearances that were pervasive during the 16-year fascist rule in Bangladesh.

On 27 August 2024, the interim government formed a five-member inquiry commission to investigate extrajudicial killings and enforced disappearances perpetrated by the fascist government of Sheikh Hasina. Bangladesh also signed the instrument of accession to the International Convention for the Protection of All Persons from Enforced Disappearances on 29 August 2024.

Besides investigating and prosecuting the perpetrators involved with these extrajudicial killings and enforced disappearances, restorative-transitional justice mechanisms can address the multiple layers of harms caused by these crimes.

This may include restitution, reparation, healing efforts to mitigate the psychological impact on victims and their families, and initiatives towards reconciliation and reintegration. Besides, the documentation of victims' accounts and testimonials can also contribute to truth-telling initiatives. 

Holistic mental wellness support

Victims of enforced disappearance and July massacres experienced complex trauma. Numerous reports and studies found that experiences such as anxiety, depression, post-traumatic stress disorder (PTSD), and a diminished sense of hope are common among the victims. Addressing these challenges requires comprehensive rehabilitation programs to support healing and restore community resilience.

The frameworks discussed above address a wide range of justice needs that are outside the scope of criminal prosecutions. More importantly, these proposed frameworks can be operationalised by capitalising on the existing legal frameworks and institutions, including the International Criminal Tribunal in Bangladesh.

These efforts do not undermine the necessity of criminal prosecution of the perpetrators but foreground the view that justice is more than punishment—it should be inclusive, participatory, restorative, and healing.

Dr Muhammad Asadullah is an associate professor in the Department of Justice Studies at the University of Regina. 

Nousheen Sharmila Ritu is the Executive Director of Bangladesh 2.0 Initiative, a UK-based think tank organization. 

Disclaimer: The views and opinions expressed in this article are those of the authors and do not necessarily reflect the opinions and views of The Business Standard.