DEALING WITH THE PAST AND FACING THE FUTURE: THE WORK OF THE TRUTH AND RECONCILIATION COMMISSION (TRC).

1994 : The end of 46 years of legalised racism and economic exploitation of black South Africans by the white minority government. During this time black people had been denied all political rights, economic equality and in many cases basic human rights. A negotiated settlement has delivered democracy and a new constitution based on protecting the rights of all people, but South Africa is still not sure what to do about the Apartheid past and is trying to find a way to move into the future avoiding a massive backlash from the black majority or civil war…HOW?

What were the Choices? Retributive Justice: (X) Punishment, Revenge or Restorative Justice: ( ) Reconciliation, Understanding

Why Choose Restorative Justice? “By uncovering the truth and through reparation and rehabilitation the commission is helping to heal our land. This will help to restore people’s dignity and ensure these abuses of human rights do not happen again.”

Early 1990s: Fear of Civil War Negotiations broke down again in 1993 Concern that SADF might try to prevent a settlement. Joe Slovo (ANC) suggested The ‘Sunset Clause’ agreed that former Apartheid leadership would not be tried as criminals in court for political crimes – there would be provision made for amnesty.

Truth And Reconciliation Commission (TRC) Established by Promotion of National Unity and Reconciliation Act of TRC established under chair of Archbishop Desmond Tutu

The First Task of the TRC TRUTH “To establish a complete a picture as possible of the nature, causes and extent of gross human rights violations which were committed between 1 March 1960 and 5 December 1993.”

The Second Task of the TRC RECONCILIATION To lay the foundation for a more humane, just social order…initiate a process of individual, interpersonal and collective healing…catharsis…affirmation of Ubuntu, a recognition of the humanity of others…a project of nation-building…a new form of national community based on a collective memory…an act of compromise.

Would Truth lead to Reconciliation?

The Structure of the TRC 1) Committee on Human Rights Violations Public testimonies by victims of gross abuses of human rights Hearings held all around South Africa

The Structure of the TRC 2) Committee on Reparation and Rehabilitation Investigated cases, gave support Recommend compensation for victims

The Structure of the TRC 3) Committee on Amnesty Could grant amnesty from prosecution under certain conditions: - Full Disclosure - Political Motive NB: Perpetrators did not need to say sorry or show remorse to be granted Amnesty. (Although it was hoped that they would)

Only 849 of the 7112 who applied were granted amnesty

Evaluating the work of the TRC

Findings about NP government 1998: Major findings of TRC: NP government of PW Botha responsible for murder, torture, arson, abduction, sabotage

Findings about ‘Third Force’ Criticised De Klerk’s government for activities of ‘third force’ in attempt to disrupt the pre-1994 negotiations

Findings about ANC Criticised ANC civilian casualties in MK operations; torture and executions in camps in exile; use of violence against opponents ANC unhappy that TRC did not distinguish between actions of apartheid government and liberation movements

Some refused to give evidence (eg PW Botha) Some claimed to be ‘carrying out orders’ (Remember that this was used as an excuse in the Nuremburg Trials after the Holocaust) Some lacked genuine remorse (Winnie Mandela) PROBLEMS WITH PROCEEDINGS:

Criticisms of the TRC : Some victims wanted a war crimes tribunals Some perpetrators accused TRC of being a ‘witch-hunt’ Some victims angry that perpetrators escaped punishment Some South Africans wanted justice, not simply the truth The issue of who was given amnesty was controversial

Criticisms of TRC: Some felt that the needs of the victims were lost and reparations were inadequate. Some felt that TRC was overly concerned with the interests of the white minority Some felt the TRC was just trying to appease international opinion Cynics suggested TRC was necessary to attract inward economic investment.

Mandela and Tutu believed that it laid foundation for reconciliation. No one in South Africa could claim that they ‘did not know’ what had happened under Apartheid. Publically acknowledged the suffering of so many people under Apartheid. Gave a voice to those people who had been silenced for so long. Allowed many people closure – they discovered what had happened to loved ones, were able to bury the ‘disappeared’. By not seeking to blame and punish it was possible for some to find closure. PRAISE FOR TRC: