NEGOTIATING JUSTICE AND RECONCILIATION IN AFRICA: APPROACHES AND CHALLENGES INTERNATIONAL PARLIAMENTARY CONFERENCE ON PEACEBUILDING: TACKLING STATE FRAGILITY WEDNESDAY 3 FEBRUARY Dr Fanie du Toit (D. Phil. Oxon) Executive Director Institute for Justice and Reconciliation

IJR – A Post-TRC Initiative UNESCO PRIZE FOR PEACE EDUCATION Laureate 2008 INSTITUTE FOR JUSTICE AND RECONCILIATION © BUILDING FAIR, DEMOCRATIC AND INCLUSIVE SOCIETIES IN AFRICA AFRICAN IDENTITY ROOTED IN SA EXPERIENCE EXCHANGE OF LESSONS, INSIGHTS AND PRACTISES IN AFRICA JUSTICE AND RECONCILIATION 4 KEY OUTPUT AREAS MAIN GOAL: To contribute to the building of fair, democratic and inclusive post-conflict societies in Africa o Cape Town-based organisation with long-term involvement in 8 other African countries o Assumes that cooperation and the exchange of insights between partners have intrinsic benefits o Cultivates the potential for reconciliation and justice as equally important challenges facing transitional societies

IJR Projects INSTITUTE FOR JUSTICE AND RECONCILIATION © BUILDING FAIR, DEMOCRATIC AND INCLUSIVE SOCIETIES IN AFRICA  Perception surveys and research reports in South Africa and Rwanda  Policy Dialogue in Uganda, Kenya, Zimbabwe, Burundi and South Africa  Educational initiatives in South Africa, Zimbabwe and Uganda (through, inter alia, history, arts and culture)  Community Reconciliation and Development programmes in Sudan, the DRC, Zimbabwe, Mozambique and South Africa

Concepts: Challenges and Lessons INSTITUTE FOR JUSTICE AND RECONCILIATION © BUILDING FAIR, DEMOCRATIC AND INCLUSIVE SOCIETIES IN AFRICA Comprehensive Justice TJ – A Bridge towards justice Modest Reconciliation Timing and Sequence Should we shake hands with the devil? Power Relations  Reconciliation: an ethos of working together to overcome the root causes of conflict  Justice: A society that reflects the inherent equality of all people  Transitional Justice: Finding ways to build fair and inclusive post- conflict societies  Three Dimensions: Descriptive, Normative, Evaluative  Vexed relationship  Does the development of democracy and rule of law in the wake of war or oppression presuppose political rapprochement?  Or is lasting peace dependent on the quality of the political agreement?  Should we accept (and actively promote) compromised agreements, or should human rights benchmarks determine who can participate in peacemaking efforts and who cannot?  Who sets the agenda and who decides?

Context: Challenges and Lessons INSTITUTE FOR JUSTICE AND RECONCILIATION © BUILDING FAIR, DEMOCRATIC AND INCLUSIVE SOCIETIES IN AFRICA Post-Colonialism Proxy Wars Greed versus Grievance Power-balance (Inclusion) versus Democracy (Accountability) Fair, Democratic and Inclusive development  Linking Back: Historical Antecedents of the Conflict  Analysis  Awareness  Action  Linking Up: Political Authority and the Nature of the Transition  Linking Laterally: Civil Society and Communities  Linking forward: Development and Reconstruction

Capacity: Challenges and Lessons INSTITUTE FOR JUSTICE AND RECONCILIATION © BUILDING FAIR, DEMOCRATIC AND INCLUSIVE SOCIETIES IN AFRICA Representative and Credible Acknowledgment, Accountability, Redress Funding models  Local Consensus  Clear, achievable and morally- defensible mandate  Logistics  Monitoring and Evaluation  Implementing the mandate  Recommendations  National Impact

2001 TRC Survey: Research Design  Survey dates: Dec/Jan  3727 adult (18 yrs and older) South Africans interviewed  Survey translated into 8 languages  Face to face interviews  Rural/urban representation  Questionnaire based on extensive focus group research across the country INSTITUTE FOR JUSTICE AND RECONCILIATION © BUILDING FAIR, DEMOCRATIC AND INCLUSIVE SOCIETIES IN AFRICA

In general, how do you feel about the activities of the TRC? INSTITUTE FOR JUSTICE AND RECONCILIATION © BUILDING FAIR, DEMOCRATIC AND INCLUSIVE SOCIETIES IN AFRICA

Performance of TRC in letting the families of people know what happened to their loved ones INSTITUTE FOR JUSTICE AND RECONCILIATION © BUILDING FAIR, DEMOCRATIC AND INCLUSIVE SOCIETIES IN AFRICA

The TRC was essential to avoid civil war in South Africa during the transition from white rule to majority rule. INSTITUTE FOR JUSTICE AND RECONCILIATION © BUILDING FAIR, DEMOCRATIC AND INCLUSIVE SOCIETIES IN AFRICA

Do you approve of amnesty being given to those who admitted committing atrocities during the struggle over apartheid? INSTITUTE FOR JUSTICE AND RECONCILIATION © BUILDING FAIR, DEMOCRATIC AND INCLUSIVE SOCIETIES IN AFRICA

% saying it is TRUE that apartheid was a crime against humanity INSTITUTE FOR JUSTICE AND RECONCILIATION © BUILDING FAIR, DEMOCRATIC AND INCLUSIVE SOCIETIES IN AFRICA

% saying it is TRUE that whites profited from apartheid, in the past and today INSTITUTE FOR JUSTICE AND RECONCILIATION © BUILDING FAIR, DEMOCRATIC AND INCLUSIVE SOCIETIES IN AFRICA

% support white South Africans paying some of the costs of compensating the victims INSTITUTE FOR JUSTICE AND RECONCILIATION © BUILDING FAIR, DEMOCRATIC AND INCLUSIVE SOCIETIES IN AFRICA

TRC was important in building a united South African nation INSTITUTE FOR JUSTICE AND RECONCILIATION © BUILDING FAIR, DEMOCRATIC AND INCLUSIVE SOCIETIES IN AFRICA

The Legislature: Challenges and Lessons INSTITUTE FOR JUSTICE AND RECONCILIATION © BUILDING FAIR, DEMOCRATIC AND INCLUSIVE SOCIETIES IN AFRICA Platform for political engagement Legal and politically astute legislation Special programmes for public involvement Holding the Executive Accountable Closure  Debating the Issues  Crafting Legislation  Ensuring public participation  Taking seriously recommendations  Ensuring a dignified end to the process  Engendering cross-national solidarity and support between parliaments, eg. Uganda, Burundi, Zimbabwe, Kenya