DIE WAARHEIDS-EN-VERSOENINGSKOMMISSIE

[Virtual Presenter] This presentation aims at exploring the role of the Truth and Reconciliation Commission in promoting healing and reconciliation in South Africa after years of conflict and human rights abuses. The commission's mandate and objectives are crucial in understanding its significance in post-conflict South Africa..

[Audio] Human rights violations refer to the misuse of rights and freedoms that all people are entitled to. Reconciliation involves a process where opposing groups talk to each other and resolve their differences. Offenders are individuals who have committed an unlawful, cruel or criminal act. Culprits are those who break the law. Amnesty is official forgiveness given to those involved in politically motivated crimes. Restorative justice aims to establish healing between offenders and victims. People are compensated for what they lost. Compensation is offered to those who were injured or mistreated..

[Audio] The year 1994 marked the collapse of apartheid in South Africa. Following this, an agreement was made to establish democracy and a new constitution based on the protection of human rights for all. However, the country remained deeply divided. With thousands of activists and freedom fighters having been killed, injured or simply disappeared, people wanted to know what had happened during the period of violence and oppression. Many individuals vanished while others were murdered by unknown perpetrators. Answering these questions was crucial for nation-building and reconciliation. In 1995, the Truth and Reconciliation Commission was established with Archbishop Desmond Tutu as its chairperson..

[Audio] During the parliamentary debate on South Africa's past and future, two possible approaches were considered. One option was retributive justice, where punishment would be imposed for criminal acts. The Nuremberg trials, held after World War II, served as an example of this approach. Nazi leaders were charged with crimes against humanity and found guilty, resulting in sentences ranging from death to life imprisonment. Key figures such as Rudolf Hess, Hermann Göring, and Joachim von Ribbentrop received severe punishments..

[Audio] The Truth and Reconciliation Commission has demonstrated how restorative justice can be implemented in practice. General Pinochet's military government in Chile committed numerous human rights abuses. An investigation was launched by the civilian government of 1990 to uncover the truth behind these abuses. A reparations committee was established to determine compensation for victims. The government opted for reconciliation over retribution, adopting a similar approach to that used in Chile. This method prioritizes healing and restoration over punishment. By doing so, it acknowledges past wrongs and provides a framework for accountability and redress..

[Audio] The Truth and Reconciliation Commission offered a platform for victims to narrate their experiences and have them acknowledged. This was accomplished through televised public hearings, where all stakeholders were invited to participate. Statements were made, including those from politicians like PW Botha and Mangosuthu Buthelezi who declined to testify. The facts regarding human rights abuses were revealed. Closure and healing for South Africans were suggested, along with proposals for compensation for victims. The objective was to create a culture of human rights, ensuring that the pain and injustices of the past would not be repeated..

[Audio] The Truth and Reconciliation Commission held hearings across every province in South Africa. These were listening sessions where people shared their stories about how political activists were murdered. This included those who fought against or for apartheid. The testimonies heard were a mix of well-known cases such as the murder of Steve Biko and the Bisho massacre, and lesser known incidents. Some witnesses testified in favour of revenge, compensation, while others simply wanted closure, knowing what had happened to their family members..

[Audio] The Truth and Reconciliation Commission facilitated healing by enabling 21000 victims to share their experiences. Families were given the opportunity to pardon perpetrators. The murders of political activists were addressed, providing families with closure. Liberation movements were required to take responsibility for their crimes and atrocities. Archbishop Desmond Tutu stated, "A comprehensive understanding of the past can be achieved through initiating a process of reconciliation.".

[Audio] The granting of amnesty was conditional upon the crimes being politically motivated and the perpetrator revealing the full truth. However, issues arose due to a lack of evidence as the perpetrators failed to disclose the full truth. Furthermore, many applicants lacked genuine remorse for their involvement in atrocities. The revelation of past atrocities also led to renewed anger and revenge. Out of the 7,112 individuals who applied for amnesty, only 849 were successful..

[Audio] De kwestie van vergoeding was controversieel. Een Vergoedingscomité was ingesteld om onderzoek te doen naar alle verhalen die werden verteld. Bij een beperkt aantal gevallen werd financiële of materiële vergoeding toegekend voor lijden en verlies van slachtoffers en hun familieleden..

[Audio] The Truth and Reconciliation Commission provided a platform for perpetrators and victims to share their stories and be heard. This led to reconciliation between perpetrators and victims. However, there were also negative aspects. The commission only investigated a specific period from March 1960 to May 1994, ignoring the early years. It focused mainly on politically motivated crimes and failed to reveal the total extent of political crimes committed by the apartheid government. Leaders like PW Botha refused to appear, and not everyone was satisfied with the reparations..

[Audio] The Truth and Reconciliation Commission finished its report in 1998, after almost three years of hearings. It was found that P.W. Botha's government pursued a policy of repression. They were accountable for torture, arson, abduction and sabotage. The report also condemned De Klerk for the actions of the Third Force, which attempted to disrupt the negotiations.

[Audio] The Truth and Reconciliation Commission found that the African National Congress was criticized for its involvement in civilian casualties during MK operations, torture and executions in ANC camps, and the use of violence against opponents such as members of Inkatha. The ANC was unhappy that the TRC did not distinguish between the actions of the apartheid government and liberation movements..

[Audio] The African National Congress criticized the Truth and Reconciliation Commission because it was perceived as being unfair. They demanded that the commission should have condemned the National Party government for alleged third force activities. Human rights abuses perpetrated by the South West Africa Territorial Force in Namibia remained uninvestigated. The National Party also criticized the commission, claiming that it was biased and nothing more than a witch hunt. F.W. de Klerk believed that the report emphasized revenge. Some senior leaders of the ANC declined to apply for amnesty. De Klerk initiated legal proceedings to prevent the publication of information linking him to third force activities between 1990 and 1994..

[Audio] The Inkatha Freedom Party criticized the Truth and Reconciliation Commission, stating that it was biased. The commission's approach was seen as humiliating and mocking perpetrators. The IFP demanded that the ANC apologize for violence in Natal prior to the 1994 elections. A case study on Ahmed Timol and Ashley Kriel was mentioned..