Topic 5: THE ROAD TO DEMOCRACY : TRC The new SA deals with the past and the future

Problems: Legacy of Inequalities (social and economic) Bitter memories of past Social divisions (hatred) High expectations of public

Structures to address problems: RDP / GEAR TRC Land Claims Court

Social and economic equality through programmes: RDP : Reconstruction and Development Programme GEAR: Growth, Employment and Redistribution Policy Land Claims Court

Healing divisions of the past TRC : Truth and Reconciliation Commission

1. The Reconstruction and Development Programme (RDP) A socio-economic plan to restructure society Aim: to correct inequalities created by discrimination Projects: healthcare, welfare, education, housing, land, water and urban renewal

Successes of RDP: Provision of water in remote areas Electricity in townships Free healthcare for young children; clinics in rural areas Housing But RDP achieved less than many had hoped Biggest problem – not enough money to deal with backlog

GEAR 1997: Replaced by new economic policy: Growth, Employment and Redistribution Policy (GEAR): stressed free market capitalism and privatization of state enterprises Supporters of GEAR claimed that: It would attract overseas investment, promote job creation, encourage economic growth, and make SA competitive in global economy Critics of GEAR said that: it would not correct imbalances of past

2. The Land Claims Court Problems about land: Most farmland owned by white commercial farmers Over 4 million people had been forcibly removed from land or houses

1994: Establishment of Land Claims Commission: To investigate land claims going back to 1913 To draw up procedures for fair hearings and fair compensation Land Claims Court to handle disputes People (or descendants) had different options Could claim from government, not present owners System based on voluntary agreements between sellers and government

1995: Land reform 1995: Land reform (Labour Tenants Act): protection for farm workers from eviction; financial assistance to buy land

Successes and criticisms: Successes: By September 2003, 62% of land claims settled Criticisms: many angry about slow pace of change; insufficient funding for government to buy back land

TRANSITIONAL JUSTICE THE WAY SOCIETY HEALS AND SEEKS JUSTICE AFTER PERIOD OF WAR OR TYRANNY NUREMBURG TRIALS—RETRIBUTION WORLD TRUTH AND RECONCILIATION COMMISSIONS 1. MET BEHIND CLOSED DOORS 2. GRANTED BLANKET AMNESTY (Chile & Argentina) 3. GRANTED REPARATIONS (Chile, Sri Lanka) TRUTH AND RECONCILIATION—SOUTH AFRICA, THE NEW MODEL 1. MEETINGS OPEN & TELEVISED & RECORDED 2. AMNESTY CASE BY CASE BASIS

3. The Truth and reconciliation Commission (TRC) 1995: TRC established under chairmanship of Desmond Tutu AFRICAN PROVERB: “TRUTH IS GOOD, BUT NOT ALL TRUTH IS GOOD TO SAY.” TRC chair Desmond Tutu and committee member Pumla Gobodo-Madikizela at the TRC hearings. Photo: IRIS FILMS

Truth Commission Promotion of National Unity and Reconciliation Act 34 of 1995 Initial proposal was for a blanket amnesty – secrecy about the actions that were the subject of applications for amnesty. Replaced by Truth Commission – An individuated approach to amnesty. Victims encouraged to tell their stories by the prospect of reparations. Lost their right to bring civil claims against amnestied perpetrators Perpetrators would get amnesty only if they made full disclosure, had a political motive for their actions and their conduct was proportionate. The brief of the Commission was to investigate gross human rights abuses perpetrated between 1 March 1960 to 5 December 1993. The Commission had powers to compel evidence and testimony where this was not voluntarily provided.

Aims To investigate human rights violations under apartheid To recommend compensation for victims To grant amnesty to perpetrators under certain conditions

Addressing impunity through TRC TRC exalt values such as- truth, justice, reconciliation, nation building, healing, and moving forward (can be useful tool to rebuild divided society) Truth Acknowledgement Transparency Accountability Reparation Restitution Compensation Rehabilitation Satisfaction Guarantee of non- repetition Reconciliation Justice Investigation Uncovering the truth Social Justice Peace With impunity = Negative Ending Impunity = Positive

Purpose Purpose: to use knowledge of truth to bring about national reconciliation TRC not a court of law – could not prosecute or hand out judgements The first witness before the Truth and Reconciliation Commission is sworn in at the panel's first hearing, in April 1996. (Pool Photo Mike Hutchings)

TRC had three committees: Committee on Human Rights Violations – public testimonies by victims of gross abuses of human rights Committee on reparation and Rehabilitation – investigated cases, gave support and awarded reparations Committee on Amnesty – could grant amnesty from prosecution under certain conditions (political motive, truth, acknowledgement, remorse)

Hearings TRC hearings revealed high levels of violence Some wanted revenge; others compensation; others the truth Eunice Miya (a Guguletu 7 mother) being comforted at the TRC hearings. Photo: IRIS FILMS

Criticisms and achievements of the TRC Differences of opinion about TRC: Criticisms Some wanted war crimes tribunals Some victims angry that perpetrators escaped punishment Some wanted justice, not simply the truth Issue of amnesty controversial

Link between the TRC and nation-building Differences of opinion About TRC: Criticisms Some believed that TRC was essential for nation-building Others questioned this idea

CONTROVERSIES AROUND TRC

Amnesty: controversies Negatives Perpetrators escaped punishment Victims wanted justice through courts Perpetrators walked free Not many applicant came forward No remorse shown Some used amnesty to get out of jail Leading figures refused to admit wrongdoing Positives Meeting face to face, hearing stories of the “other” helped people to move forward Testimonies helped commission to investigate further More truth revealed

Selective focus: controversy Negatives Focused mainly on ‘80s Less focus on earlier phases Sometimes failed to force people to give evidence Limited investigation of institutions Positives TRC could compel people to give evidence Special hearings from some groups / institutions

Reparations: controversy Negatives Money cannot make up for apartheid 1998 many claims unprocessed Victims received very little compensation Business and perpetrators did not contribute Positives Reparations would balance the generosity of amnesty Non-financial benefits: death certificates, details about remains, burials

RESPONSES OF POLITICAL PARTIES NP GOVERNMENT P.W. Botha refused to appear De Klerk apologised, but denied knowledge of third force Agents of apartheid implicated leaders, but seen as a scapegoat

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RESPONSES OF POLITICAL PARTIES ANC and PAC Angry that TRC did not distinguish between crimes ANC only applied for amnesty after Tutu threatened to resign Tried to block publication of report

RESPONSES OF POLITICAL PARTIES IFP Felt TRC was biased towards ANC However, 5 000 member made statements Buthelezi felt it focused too much on government violence

RESPONSES OF POLITICAL PARTIES Individuals Winnie Mandela testified, but showed no remorse (said situation in SA justified her actions)

1998: Findings of TRC: Interim report (1998), Final (2003) NP government of P.W. Botha responsible for murder, torture, arson, abduction and sabotage Criticized De Klerk’s government’s for activities of “third force” in attempt to disrupt pre-1994 negotiations Criticized ANC: civilian casualties in MK operations; torture and executions in camps in exile; use of violence against opponents (IFP, rural chiefs) APLA criticised for attack on civilians

Criticisms of findings: Mbeki criticised decision to investigate liberation movements De Klerk said it emphasized revenge, not reconciliation Buthelezi believed it favoured ANC’s version of events

Praise for the TRC: Mandela believed it laid foundation for reconciliation Tutu believed truth to be essential for reconciliation

Cartoon: Findings

Truth and Reconciliation Commission The South African Truth and Reconciliation Commission 1167 applicants received amnesty 5392 applicants were refused amnesty (362 after hearing) Applicants included individuals of various races 21 000 victims testified at the TRC 36

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