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The importance of an independent, representative, and competent truth and reconciliation commission (TRC) to guarantee the rights of victims to truth, justice, and reparations should not be underestimated. Key recommendations in this regard are included in this briefing.

Building a constitutional state and pursuing social change is best approached by looking at prior successes. Here is a comparison between the Kenyan and South African constitutions and an outline of how constitutional litigation unfolded in South Africa.

CAPE TOWN, April 8, 2011—In a landmark judgment handed down today the Constitutional Court upheld the rights of victims of apartheid era abuses, as well as the media and public, to speak the truth about crimes amnestied by the Truth and Reconciliation Commission (TRC). The court held that truth...