Examining compliance with domestic human rights bodies: The case of truth commission recommendations

Abstract

Human rights compliance research neglects recommendations from national human rights institutions and other domestic bodies. In particular, the implementation of recommendations issued by temporary truth commissions remains underexplored. We use data from Skaar et al. (2022a) to address this gap. Specifically, we apply multilevel ordered logistic regression to data on the implementation of recommendations made by 11 Latin American truth commissions to measure state compliance. We find that compliance is lower when truth commissions issue many recommendations. Backward-looking recommendations are more infrequently implemented. Conversely, legal reform recommendations are more likely to be implemented. Finally, variables commonly associated with truth commission success, such as the nature of the transition and civil society strength, are not significant. Thus, we advance understanding of human rights compliance and offer prescriptions for how truth commissions should craft their recommendations and, ultimately, maximize their impact.

Notes

1 Skaar et al. coded recommendations based on the following dichotomous categories: Institutional reform: Does it address institutional reform (reform of the courts, police, military, etc.)? Legal: Does it recommend that new laws be created, or existing ones be revised? Constitutional: Does it call for the constitution to be amended? Reparations: Does it recommend individual, collective, symbolic, and/or material reparations? Nonrepetition: Is it intended to reduce in the future the types of human rights violations that occurred in the past? Follow-up: Does it urge the government to create a body to monitor/coordinate the implementation of TCRs and/or further address past human rights violations?

2 Skaar et al. coded recommendations based on whether they were aimed to prevent future human rights violations (forward looking) or aimed at addressing past human rights violations (backward looking).

Additional information

Notes on contributors

Eric Wiebelhaus-Brahm

Eric Wiebelhaus-Brahm, PhD in political science (University of Colorado, 2006), is associate professor at the University of Arkansas at Little Rock’s School of Public Affairs. His research interests include transitional justice, human rights, and peace building.

Dylan Wright

Dylan Wright holds a BA in political science from the University of Arkansas at Little Rock. His research interests include human rights, international law, jurisprudence, and political economy.

Héctor Centeno Martín

Héctor Centeno Martín holds a PhD in global governance & rule of law from University of Salamanca. His research interests include transitional justice, truth commissions, political transitions, and human rights.

Ana Belén Nieto Librero

Ana Belén Nieto Libero, PhD in mathematics (University of Salamanca, 2015), is a professor at the University of Salamanca, Economics and Law Faculty. Her research interests include multivariate data analysis, big data, and human rights.