Transitional Justice: Evaluating the Importance of Reparation, Reconciliation and Rehabilitation- A South African Perspective
Image source: Days Of The Year website
According to Benyera, the Truth and Reconciliation Commission (TRC) was a court-like body assembled in South Africa after the end of Apartheid. Anybody who felt they had been a victim of violence and injustice during this time could come forward and be heard at the TRC. Further to this the perpetrators of violence would give testimony and request amnesty from prosecution.
The TRC hearings made international news and many sessions were broadcast. The TRC played a crucial role in the transition to full and free democracy in South Africa and, despite some flaws, is generally regarded as very successful.
The mandate that the TRC was given was to bear witness to, record and in some cases grant amnesty to the perpetrators of crimes relating to human rights violations, reparation and rehabilitation. The TRC had several members which included; Archbishop Desmond Tutu (chairperson), Dr Alex Boraine (Deputy Chairperson), Mary Burton, Advocate Chris de Jager, Bongani Finca, Sisi Khampepe, Richard Lyster, Wynand Malan, Reverend Khoza Mgojo, Hlengiwe Mkhize, Dumisa Ntsebeza (head of the Investigative Unit), Wendy Orr, Advocate Denzil Potgieter, Mapule Ramashala, Dr Faizel Randera, Yasmin Sooka and Glenda Wildschut.
TRC AND RECONCILIATION ACT
TRC was set up by an Act of Parliament, the Promotion of National Unity and Reconciliation Act. This Act gives effect to the aim of TRC which is to:
- make proposals for measures that will give reparation to victims of human rights violations; and
- rehabilitate and give back the human and civil dignity of people who suffered human rights violations.
Further to this the Act also says that the Committee on Reparation and Rehabilitation must endorse and provide recommendation to the President in terms of ways of assisting victims. It is the President and Parliament, and not this Committee, who will decide what to do and how to do it. The recommendations from the Committee will be in the Final Report sent to the President after the Commission has completed its work.
Therefore the role of the Committee is to make recommendations which deal with interim reparation which is for those that require immediate assistance because of the gross human rights violations they suffered.
The Act requires the President and the Ministers of Justice and Finance to establish a President’s Fund. Victims who qualify for assistance will be paid from this Fund.
The importance of reparation, reconciliation and rehabilitation can be described as what can be done to assist victims overcome the damage that they suffered and to make sure that these human rights violations or abuses never happen again. Although this could include money, a financial payment is not the only form of reparation and rehabilitation that the Committee recommends. The Committee looked at individuals, communities and the nation as a whole when making recommendations to achieve reparation and rehabilitation.
In terms of Compensation section 1 of the Promotion of National Unity Act 34 of 1995 defines reparation as any kind compensation, ex gratia payment (payment in favour of), restitution, rehabilitation or recognition which would mean that government is responsible for the payment of reparations. The (TRC report vol. 5, 1998. Ch. 5) stipulates the following five elements of the reparation and rehabilitation policy:
1. Urgent interim reparation: These reparations are more focused on individuals with urgent financial or services need and there was a small budget to facilitate it. The urgent interim reparation was the first form of monetary reparations and it was meant for approximately 17 000 victims who were in dire need of help (Daly 2003: 378).
2. Individual reparation grants: These kinds of grants were those paid to Individual victims of human rights violations for a period of six years would receive monetary reparations. These reparation grants needed to promote three goals, namely,
According to Daly 2003, it was of paramount importance to recognise the victims’ suffering and restore the victims’ individual dignity, facilitate service delivery and subsidise daily living costs.
MECHANISMS FOR RECONCILIATION
According to the Justice site, the committee on TRC had come up with guiding principles which then aided with proposals that prompt and promote reconciliation these included the following;
Development centred: A development-centred approach means that individuals and communities are helped to take control back. To take control of their own lives through the dissemination of information and the use of knowledge particularly with regard to available resources and to help them use these resources in the way that benefits them most.
Simple, Efficient and Fair: All the available resources were used in a way that would give the most benefit to the people who receive them.
Culturally Appropriate: The process of rehabilitation needed to be sensitive to the religious and cultural beliefs of the community.
Community-based: Community-based services and delivery should be strengthened and expanded. For the people by the people.
Capacity Development: Local capacity building as well as the delivery of services were addressed as part of addressing the imbalances of the past.
Promoting Healing and Reconciliation: The aim of TRC was to bring people together and to promote understanding and reconciliation.
The TRC land reform programme consisted of three components that were adopted: According to an article by Diale the components were as follows; first, the restitution of land to those that were dispossessed of land after 1913; second, redistribution to rectify the racially skewed distribution of land which was resultant of colonial and apartheid policies, and; third, tenure reform for those whose tenure was insecure because of past discriminatory laws and practices.
The Restitution of Land Rights Act, No 22 of 1994, geared the Chief Land Claims Commissioner which would oversee the Regional Land Claims Commissions, which subsequently investigate cases and take them to the Land Claims Court for settlement. Because of the slow initial rate of delivery, the Restitution Act was amended in 1999 to provide for administrative settlements of claims: the Land Claims Court which would be used only in those cases where agreement could not be reached – as in the Dukuduku land claim.
Dukuduku Land Claim case
The Dukuduku forest in KwaZulu-Natal, South Africa is subject to one such claim to land restitution, which remains unsettled for over 10 years. The Dukuduku forest was supposed to be incorporated into the wetland park as an World Heritage Site. The forest houses many subsistence farmers, of which some form part of the group of land claimants. There is an interplay of community and authority and in so doing setting the pace of where claims for historical redress materialises both in processes of land restitution and in the acquisition of land through ‘illegal squatting’.
Knut G, suggests that Dukuduku forest encompasses and explores the strongly desired and well deserved restoration of lost rights to land and resources and the formalisation of these rights which then draws on both our past and the present to form a caveat with its intricately woven complexity it defies such straightforward processes. The land claim process feeds into existing struggles and creates new ones, and in this way, the larger cause of the land claimants – to obtain recognition of property claims and land belonging – is infused by conflicts external and internal to the community of claimants.
In closing, redressing the imbalances and injustices of the past require countries to find ways of emerging from conflict and repression by addressing human rights violations. Transitional justice is entrenched in accountability and redress for victims. Ignoring massive abuses is an easy way out but it destroys the values on which any decent society can be built. Therefore the toughest balancing act must be engaged by finding a balance between the law and politics of the past and in doing so putting victims and their dignity first, it signals the way forward for a renewed commitment to make sure ordinary citizens are safe in their own countries – safe from the abuses of their own authorities and effectively protected from violations by others.
Written by: Dr. Kim Lamont-Mbawuli
Nigerian-Born Ayomide Idogun On Creating Impact
Ayomide Idogun is the co-founder at the New African Movement, an initiative aimed at ensuring Africa is conducive for Africans. Ayomide is a development strategist, policy analyst, and military historian with a major flair for transformative change through strategic thought, leadership, and empowerment.
Recently, he had the opportunity to be a delegate at the Arab Youth International Model United Nations Conference, now known as the Best Diplomats Conference, held in Dubai. Beyond the piquancy that came with meeting over 150 people from about 80 countries, and the experience of learning different cultures, the delegates were largely charged with proffering solutions to solving the global food crisis. Ayomide represented the great people of Guatemala, who sadly are no strangers to this phenomenon, with 4.6 million people at the least, facing the hunger crisis, and suffering hugely from food insecurity.
This led him to come up with prospective solutions, to ensure farmer empowerment, and the mitigation of factors hindering food supply minimized to the barest minimum, so as to ensure Guatemala does not just become self-sustaining, but grows to the point of exporting food produce to other Nations. His efforts did not go unrewarded as he bagged the Outstanding Diplomat Award, in recognition of his outstanding negotiation, leadership, and overall performance during the course of the conference.
He is a trainer and speaker with core area in leadership, capacity building and development. Some of his engagements amongst others, includes, training members of the African community in the United Arab Emirates, on capacity building and maximizing potentials, to ensure their time and resources are utilized to maximal effect. And at the maiden edition of DisruptHR Lagos, organized by OutsideinHR, where he spoke on the role COVID-19 played on priorities for humanity, and the ever-changing landscape of work.
Ayomide Idogun holds a degree in Policy and Strategic Studies from Covenant University, a second degree in History and Strategic Studies from the University of Lagos, and he is currently enrolled in the School of Politics, Policy and Governance, where he is undergoing the Public Leadership and Policy Programme.
Scrabble for Africa Reborn?
Kamala Harris, U.S Vice President (Image: Reuters)
In a speech presented to a group of women entrepreneurs in Dakar, Senegal early this year, US Treasury Secretary Janet Yellen stated that the United States had come as a partner to help Africa realize its massive economic potential. Arguably, Africa has long been a continent of interest to Western countries, and in recent years, their influence has been growing at an unprecedented rate. Whether it is through economic investments, military partnerships, or cultural exchanges, Western nations have been making significant strides in establishing themselves as key players on the African continent. It appears that most developed countries are trying to grow their influence on the African continent in what appears like the rebirth of the scrabble for Africa of the 19th century, albeit not through direct colonization but other different forms of control and influence.
Could it be coincidental that nearly all world power countries are visiting Africa at intervals not seen in the recent past? The first quarter of 2023 witnessed the visit of US Vice President Kamala Harris to Ghana, Tanzania and Zambia, the visit of US Treasury Secretary Janet Yellen to Senegal, Zambia and South Africa, the visit of China’s foreign Minister Qin Gang to Ethiopia, Egypt, Gabon, Angola and Benin, the visit of Russian foreign minister Sergey Lavrov to South Africa, Botswana and Angola and the visit of France President Emmanuel Macron to the Democratic Republic of Congo, Gabon, Angola and the Republic of Congo. Each of these high-level visitors has argued that their visits are aimed at creating meaningful partnerships with African countries with France acknowledging that foreign powers are jostling for influence in Africa.
The French President added that Africa is a theatre of competition and advanced countries are seeking long term partnerships. In an interview at the white house after her recent trip to Africa, US vice President Kamala Harris argued that by 2050, one in four people occupying space of earth will be in Africa and as such, this presented a lot of opportunities in terms of the future and since Africa has a median age, the demographics have an impact on the entire globe. It appears the leaders from advanced countries are seeing the potential that Africa has and are each trying to clinch partnerships in the continent but can the same be said of African leaders? How many African leaders have taken time to visit each other to discuss the opportunities in their nations and work on actualising them?
The real question that African leaders should ask is, why is Africa becoming a theatre of Competition for foreign nations when it can be a centre of cooperation for the advancement of the continent? Is it not true that when elephants are fighting, it is the grass that suffers and in this case the grass will be Africa?
Africa is home to some of the world’s largest reserves of mineral resources such as diamonds, gold, platinum, copper, and iron ore, among others. Undoubtedly, Africa is the richest continent and therefore, its untapped trade potential is very attractive. It is no wonder that developed countries are competing to foster relations with African countries. However, it should be noted that the competition for Africa’s resources has a long history, dating back to colonial times when European powers scrambled for control of Africa’s land and resources. Today, the scramble for Africa is driven by a range of factors, which include the growing demand for natural resources, and Africa’s emergence as a key market for consumer goods and services.
The trade potential that each country in Africa has, if well exploited would be sufficient to end some of the major challenges faced. However, the focus has mostly been on external trade with developed countries rather than intra-Africa trade hence unfavourable outcomes. Trade with developed countries has mostly been unfair due to factors such as developed countries using their economic and political power to negotiate trade deals that favour their own interests at the expense of African countries.
Further, African countries often lack the bargaining power in trade negotiations due to being small compared to their trading partners and may be forced to accept unfavourable terms in order to access advanced markets. It is interesting that the pricing of commodities predominantly found in Africa is determined by the developed countries and Africa has no control whatsoever. The question remains, what voice do African countries have to decide on what and who to trade with as they seek to actualise their potential?
African countries should come to a realisation that their strengths lies in their numbers and the ability to work together. Why should Zambia order fuel from far countries and incur huge transport costs instead of importing from Angola, its neighbour? Africa will be respected on the global stage when economic decisions such as trade focus on inward solutions rather than continued dependency. The African Continental Free Trade Area (AfCFTA) which should be the world’s largest single market is a key weapon to boost Africa’s economic freedom. Africa should not come to the trade table as beggars but rather equal partners because the World needs what Africa has and not only the other way round.
Working in partnership with other countries is not the problem, but having only one partner benefiting is. While it is true that scrabble for Africa is history, its reoccurrence in the form of control, power and cultural change should be questioned. It’s a call for leaders, investors, Africans and interested stakeholders to ensure that African interests and viewpoints are prioritised by all in working towards bettering people’s lives. Africa has potential to be its own redeemer instead of being ripped apart in the fierce struggle resembling the scrabble for Africa. In the context of globalisation, Africa should seek meaningful and mutually beneficial deals that are only possible when it comes to the negotiating tables as equal partners, not as directionless people who need deliverance.
By: Nchimunya Muvwende
Prof. Remi Duyile on Nigeria 2023 election and advice to the youths
Prof. Remi Duyile, Founder Legacy Premier Foundation
As Nigerians are gearing up and campaigning for the 2023 election begins, Business Africa Online asked Prof. Remi Duyile share her thoughts on what this election means to her and why everyone must be involved, why we cannot afford to get it wrong this time around, and advice to the youths. Excerpts.
I held a political role in Nigeria a few years ago, which provided me with a good understanding of the country’s political institutions. As we approach another year in the political chapters of Nigerian history, we must not only look forward with expectations but also reflect on our previous experiences in order to identify and choose the right leaders for our future.
We’ve all heard the saying “,those who fail to learn from history are likely to repeat it.” With elections approaching, it is critical that we look back and critically examine not only the people, but also the patterns that have led us here. We cannot build the Nigeria we want without learning from the past and making the necessary adjustments while preparing for the future. It takes time for change to occur, just like Rome did not rise overnight. Nevertheless, now is the time to lay the foundation for the Nigeria we seek to build, tomorrow.
There may be a question in your mind as to what these foundations are. There is first of all a sense of worth and worthiness in life. For any nation to fully develop, it must place a high value on the lives of its residents. As we prepare for the next elections, we must question which of these candidates prioritizes the worth of life and a sense of being Nigerian citizens. This includes: freedom of speech, equality and democratic processes at all levels. This is a priority because unless the worth of life and a sense of self are prioritized above all else, even the best-looking prospects will ultimately become unyielding and dictatorial.
Secondly, there is the growth of human capital and socioeconomic empowerment. It is common knowledge that every industrialized country prioritizes these two factors. No nation is more powerful than its economic potential. Our leaders must be intentional about this. Being a producing nation is one way to successfully enforce this. Nigeria is a great country, yet we are unable to enjoy the fruits of our labor.
All human capacities that can help to improve our economy include the capacity to create, invent, strategize, and engage. To think for ourselves, to maximize the potential of our teeming young people, to generate opportunities and employment, all of these are vital for progress and must be prioritized if we are to see any change in our nation.
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