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Transitional Justice: Evaluating the Importance of Reparation, Reconciliation and Rehabilitation- A South African Perspective

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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.

REPARATION

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.

LAND REFORM

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

 

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Presidential Candidates Nigerians should not consider voting for in 2023 – Adaku Efuribe

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Nigerians would be going to the polls in 2023 to elect a new president. I have written a lot of articles in the past regarding qualities of a great leader, but going by the understanding of most Nigerians, it would be more sensible to discuss the character of candidates not suitable for the job to enable us to separate the goat from the sheep so to say.

In solving mathematical equations, we sometimes use elimination methods to arrive at the correct answer. if we all know who we shouldn’t vote for, perhaps we could pinpoint who the possible suitable candidates are.

If we want to improve our economy and place Nigeria in its rightful place in world affairs then we must make conscious effort to ensure people with certain character flaws do not come anywhere close to the office of the president

Nigerians must not consider voting for candidates with the following character flaws/history.

Liars

Some of the candidates who have declared interest have been known to tell false tales to Nigerians in the past. A good example is a notorious fella who once made Nigerians doubt their cognitive ability. A few thought they actually suffered from short term amnesia. I wouldn’t tell you who to vote for but do not vote for liars, especially the one that woke up one morning shouting enough is enough! he went ahead to say he would be staging a protest against the present Government, he talked about a dream he had in which God revealed to him what he must do…Then the next day ..he said he wasn’t referring to this Government.

Treasury Looters

Anyone who has been involved in advance free fraud, misappropriation of public funds or lack of accountability must not be voted for if we want to move forward in this country. A leopard cannot change its spots. To be forewarned is to be forearmed.

People with unaccountable wealth

Any candidate who cannot explain the source of their wealth is not to be trusted. Some people just spring up from nowhere to tell us God made them rich and no one can comprehend their source of wealth. We have had public servants who could not give account of the budget of their former office or keep an open book on how they spent public funds, such people will only continue to loot the treasury if given the opportunity.

Aspirants who do not believe in cutting down the cost of Governance

The GDP in Nigeria has depreciated over the last 8 years and part of the reason why we cannot come out of economic hardship is the cost of Governance. We spend a lot of money on the welfare of elected Government officials and legislators, more than most developed countries. There is definitely something wrong somewhere. Any candidate who does not believe in cutting down the cost of governance will only do one thing i.e.- continue to use public funds to fund their lavish lifestyle while the masses die of hunger and economic hardship.

Aspirants with no proven track record of effective leadership

Anyone who does not have any proven track record of leadership should not dream of becoming Nigeria’s next president. This country has sunk really low and we don’t have to operate anymore experiments. We don’t need the usual ‘I can do’ attitude. It’s either the proven experience is there or not.

Once again, the power would be placed in your hands to redecide the trajectory of our beloved country Nigeria. I intend to vote and my vote must count this time around. I know exactly who I will be voting for as I do not operate with sentiments. For us to see our country rise up again from the dunghill, I enjoin you all to have an open mind and consider the future of this country with any decision you make.

Article by Adaku Efuribe, Health Promotion Ambassador/Political analyst.

 

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World War 3? Africa’s opportunity

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It has often been said that when elephants are fighting, the grass is the one that suffers the most. And this statement is highly applicable to Africa in the ongoing Russia-Ukraine conflict. Whereas the European countries are fighting a physical war, Africa’s fight against economic challenges such as poverty, unemployment, trade deficit and starvation is worsened by the conflict. Barely a fortnight into the conflict, global commodity prices have been on the rise and had adverse effects on import dependent countries. What lessons can African nations pick from the conflict and what low hanging opportunities can be explored? 

Agricultural market

Both Russia and Ukraine are important players in agricultural production, supplying about 30 percent of the world wheat and barley. In 2020 alone, African countries imported agricultural products worth about $6.9 billion from the two countries. However, the conflict has caused a disruption in the global supply chain of agricultural products. Essentially drying up exports as evidenced by the supply ban imposed by Ukraine, resulting in higher prices and stockpiles reducing. The global citizen report estimates that over 500 million people would be forced into hunger because of the food crisis arising from the conflict. There is a supply gap created which will lead to importers to seek alternatives markets. And therein lies the opportunity for African countries to stand out as global suppliers of these agricultural products and fill the gap.

Historically, Africans are farmers who have survived on agricultural production mostly at a micro level. Africa is blessed with arable land and good climatic conditions that support the growth of various products but productivity has remained low over the years. To take advantage of this situation calls for deliberate efforts to direct resources into growing the agricultural products in large quantities and benefit from the sales. To boost productivity faster, farmers could be incentivised through the use of outgrower schemes. Which are systems that link networks of unorganized smallholder farmers with domestic and international buyers. The identified agricultural market requires that both farmers and countries expand their capacities by investing in equipment and modernisation for higher output. The after effects of the crisis are projected to last for extended periods of time but for those countries that will emerge as gap fillers stand to benefit for a long time. 

Trade reorganisation 

While it can be argued that globalisation and trade have been a key driver for growth and economic expansion for many nations, the gains have not been fairly distributed especially in Africa. Intra-Africa trade when compared to external trade accounts for a smaller percentage and hence the observed vulnerability of African trade to external factors. Imagine, while Africa is neither physically involved in the Russia-Ukraine conflict nor imposing any sanctions on these countries. The effects of these two factors in derailing economic progress is worse in most African countries. Oil is a key input in various sectors of economies and the affordability and access to it has an impact on economic growth.

The crude oil prices are daily breaking record prices and for the many oil importing countries especially in Africa are at the receiving end of the spillover effects. Such as high cost of doing business and rising inflation which is detrimental to their economies. It defeats economic logic that African countries import oil from outside the continent, spending huge funds on transportation despite having neighbouring oil producing countries. The oil producing African countries should consider prioritising African nations for their exports to ensure that the continent is oil secure and the economies are thriving. Where possible, a differentiated preferential price which should be lower than the global price should be considered to ensure affordability and support to African nations. 

The implementation of the Africa Continental free trade area, which has been envisioned as a game changer in African trade, has stalled with frequent postponements to actualisation. The current European conflict should be viewed as a catalyst for trade reorganisation in Africa and ACFTA implementation. This is because the crisis has indeed created a gap in trade and there is no guarantee that African nations could be prioritised in importing from the European countries that also have pressing needs. Self-sustenance in intra-Africa trade should be the target because, decades after independence, Africans cannot forever be dependants. Who are vulnerable to external factors which do not directly concern them.

Strategizing opportunity

While the conflict has devastating effects on some countries, it actually creates an opportunity for others. The identification of the comparative advantage that nations have in either current production or potential production is what should preoccupy those not participating in the physical fight. The current capacity in most African countries to manufacture products may not be able to compete with developed countries that have advanced technology. But in terms of primary produce, African nations have huge unexploited potentials. 

Each country should introspect, organise its people and resources in targeting the global market. This is a matter of expanding what is already being produced and organising smaller businesses in bundling their produce. Working out strategies that will see individual countries to be a solution to a looming global crisis and benefit their nations in the process. If the opportunity is well taken and African nations stand out as solution providers, it could be a turning point for them to recover from indebtedness and economic challenges they have perpetually faced.   

The looming crisis could just be a test to examine the capability of developing countries to switch from being dependents to being solution providers. The focus should not be on the current investment costs to be incurred. But rather the benefits that have potential to erase economic challenges when potential is exploited and opportunities seized. 

By: Nchimunya Muvwende, Economist

 

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Hamzat Lawal: Nigerian youth should pick a leader and support the person

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Hamzat Lawal, Founder of Connected Development is one of the initial advocates for Anap Foundation. He has encouraged youths to shun any form of violence that might escalate to war or unnecessary bloodshed as the 2023 elections season gathers momentum.

Hamzat noted that ‘’Nigerian youths should pick a true leader and support the person from the beginning till the end. Don’t wait for a list and be searching for a lesser evil. Mobilize and rally behind a qualified candidate, Let’s Vote, let us take a chance at changing the trajectory of this country in 2023’’.

Hamzat Lawal position is coming as Anap Foundation kick-starts its enlightenment campaign themed, GoNigeria. A campaign to sensitize Nigerian youths to participate actively in the electoral process leading to the election of visionary leaders during the general elections come 2023.

Anap Foundation will be partnering with the Independent National Electoral Commission [INEC] and other advocates, celebrity ambassadors, corporate bodies. As well as volunteers in ensuring a huge success is attained in encouraging the youths in understanding that their votes count in having the right leaders at the country’s helm of affairs.

The campaign is in full gear with collaboration from the initial advocates of Anap Foundation. Who have intensified efforts at encouraging young Nigerians to register and collect their PVC to vote in next year’s general elections. Towards ensuring good governance and accessing the true dividends of democracy.

The initial advocates are Aisha Yesufu, Active Nigerian Citizen; Nuruddeen Lemu, Director, Research & Training, the Da’wah Institute, Islamic Education Trust. Also, Dike Chukwumerije, Poet; Folarin Falana (Falz), Musician, Actor, and Entertainer Atedo Peterside, Founder of Stanbic IBTC Bank and President & Founder, Anap Foundation. Bishop Matthew Kukah, Catholic Church, Sokoto; Arunma Oteh, Chairperson, Royal African Society and Scholar, University of Oxford. Hamzat Lawal, Founder, Connected Development (CODE); Tomiwa Aladekomo, National Chair, Youth Party; Osita Chidoka.

 

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