The
South African Truth and Reconciliation Commission
by Sam Reis-Dennis
Twenty five years ago, South Africa was a brutally
repressive police state. Four million whites ruled a
majority population of over 20 million nonwhites in a
segregationist, racist apartheid regime. Blacks
possessed second class citizenship at best. They had
virtually no rights: they lacked freedom of speech and
assembly; they could not vote; their travel was severely
restricted; they lacked basic healthcare; they could not
own businesses in wealthy districts. For schools in
black Bantustans (homelands or ghettos), the state spent
about one tenth of what it spent on education in white
neighborhoods. Amid the horror of segregation,
widespread discrimination, and racially motivated
murders and beatings, domestic and international
resistance was building, and it became increasingly
clear that the regime couldn't sustain itself. Most
speculated that when the regime let go, an unprecedented
bloodbath would ensue.
Yet, nearly miraculously, no bloodbath erupted. Instead,
under the inspired guidance of Nelson Mandela, the
charismatic African National Congress leader who had
been imprisoned by the apartheid regime for over thirty
years, South Africa managed a remarkable transition to
democracy and majority rule. But miraculous as it was,
this transition alone was not enough. How would black
South Africans deal with their history and experience?
If violence was averted in the transition, what would
prevent its eruption as South Africans dealt with their
past and called for vengeance and retribution?
The answer came in the form of the Truth and
Reconciliation Commission. With Nobel Prize winner
Bishop Desmond Tutu, now President Nelson Mandela
organized the Commission in 1995 to help South Africa
work through the crisis. Its goal was to provide, on a
national scale, an effective and productive way to allow
blacks who had been mistreated or subjected to violence
to seek justice. The Commission would also allow
perpetrators of racially motivated crimes to seek
amnesty from the government.
The experiment worked brilliantly. Tutu and Mandela
became international heroes and received numerous
awards, but more importantly, their leadership helped a
nation avoid a civil war, or at the very least the
rampant internal instability that seemed imminent at the
time. Other countries have since followed South Africa's
example by setting up similar organizations to mitigate
conflicts stemming from injustices directed at
particular groups. These organizations, however, have
generally been less successful than the South African
Commission. Clearly, each country's situation during a
phase of political transition is unique, but I'd like to
focus on two reasons that South Africa's Commission was
especially effective.
First, the Truth and Reconciliation Commission was
respected nationally and internationally as a legitimate
body. The fact that no person was exempt from standing
trial at the Commission lent it credibility. Similar
committees that followed the South African example
elsewhere have not always been as inclusive and, as a
result, lacked legitimacy. Past political leaders have
been given free passes or pardons to avoid trial, and as
a consequence, those commissions have not been as
efficient or successful in yielding complete and honest
records of what crimes were committed, who committed
them, and why. Such commissions have thus failed to
provide victims and their families with a sense of
justice or closure. By holding all parties accountable
for their actions, civilians and political leaders
alike, regardless of wealth or previous power, the
Commission brought many perpetrators of crimes to
justice and established that future rights violations
would not be tolerated under any circumstances.
Second, it was equally important that the Commission
didn't appear to be a vengeful, retaliatory body. By
giving those charged with crimes opportunities to apply
for amnesty, and by taking their application seriously,
the South African government showed that in efforts to
avert continued violent conflict, being reasonable and
forgiving to a degree could be beneficial. Out of over
7,000 people who applied for amnesty, about 850 were
granted it by the Commission. To be granted amnesty, the
South African government established two conditions:
First, the applicant's crimes must have been purely
motivated by politics; and second, the applicant must
tell the entire truth concerning the situation that led
to his or her crime. By demanding absolute full
disclosure of the truth, the Commission compiled vast
amounts of testimony which, it was hoped, could help
South Africa confront its terrible past and avoid racist
oppression in the future. By establishing the truth and
taking action, South Africans could look forward, not
merely backward, and make social and economic progress.
Genocide, institutionalized racism, and crimes against
humanity require a response that is honest and just.
Many who have suffered might prefer vengeance and
retribution. But such a response might simply perpetuate
and undermine any real chance for peace and advancement.
South Africa has pioneered an approach that might allow
others to address the horrors of their history without
letting the memory destroy them. |