Children and youth are among the people most affected by the social, economic, political and psychological dislocation of conflict and legacies of abuse. Transitional justice tools-including truth commissions, institutional reform and reparations-have historically paid limited attention to their experiences. But transitional justice can raise awareness about crimes against children, contribute to ending impunity for these crimes and prevent recurring abuse.

Background

Truth commissions in several countries (Chile, Argentina, Uruguay, El Salvador) have noted how children were affected by conflict or legacies of abuse, but the commissions generally considered children's experiences an indirect consequence of violence targeting adults. In contrast, the South Africa Truth and Reconciliation Commission explicitly recognized children and youth as direct victims of apartheid policies and highlighted the importance of addressing their experiences. But because of uncertain emotional and physical risks associated with children testifying in public, the Commission did not involve them in its hearings.

The South African experience triggered international debate about whether and how to involve children directly in the work of a truth commission. Although the UN Security Council increasingly highlighted the importance of children's participation in peacebuilding efforts, many issues remained unresolved: Which transitional justice measures, for example, are best suited for participation by children? What risks might arise and what protection measures would be needed? Could truth commissions provide a form of accountability or rehabilitation for children formerly involved in acts of violence?  How could and should transitional justice mechanisms complement other efforts to promote the reintegration of children into their communities?

Indeed, very  little is known about the impact of children's participation on the children themselves or on the larger society; research conducted to date has been limited primarily to children's involvement in truth commissions. Because of their non-punitive and participatory approach, truth commissions may be a particularly appropriate forum to promote the participation and protection of children in reconciliation efforts. Truth commissions can provide an opportunity for children to exchange views and build solidarity. While adult testimonies about child rights violations are helpful in exploring the violations that occurred, direct statements from children can contribute to society's understanding of the challenges faced by children and ensure that their perspectives are woven into the historical record. 

Challenges and Opportunities

Whether or not they were direct victims, children have a right to share their experiences, memories and hopes for the future, and to do so in a protective environment. Trials, for example, can provide a venue for holding perpetrators of violations against children accountable. But involving children as victims and witnesses can pose challenges, ranging from physical protection and psycho-social support to reliability of evidence.

The interaction between disarmament, demobilization and reintegration (DDR) programs for children and transitional justice is equally complex; children who remain associated with an armed group may be reluctant to demobilize because they themselves fear prosecution, and their commanders may similarly refuse to release them for fear of prosecution for the crime of recruiting children.

But there also are opportunities. Truth seeking processes could facilitate reintegration of former child soldiers by allowing children to tell their stories, raising public awareness of their experiences, and helping victims understand the context in which abuses took place.  Since some of the fundamental challenges to children's reintegration stem from the difficulty of replacing their military identity with a civilian identity, the process of sharing their experiences and listening to the experiences of others can provide a crucial opportunity to reexamine their roles and responsibilities in relation to the world around them.

In some cases, children formerly associated with armed groups have initiated their own projects to make amends, restore trust or repair their communities. In Sierra Leone, former child soldiers established the Small BoYouth Community Development Organization for this reason. Young people donated their time and labor for community projects including the re-building of schools and roads. Children themselves can therefore facilitate their own reintegration while at the same time contributing to the reparation and restoration of society. It is a reminder that children's protection derives as much from their resilience and creativity as it does from the creation of special protection programs. However, children have often failed to qualify for formal reparations because of inappropriate age or time limits, requirements that the victim have suffered multiple harms, narrowly selected or defined crimes, or because they did not participate in a truth commission. 

The design and creation of memorials offer other opportunities. Painting murals, organizing vigils of remembrance, and erecting monuments can be a source of dialogue and healing for young people because it gives them creative ways to express themselves and enables them to reclaim public space.