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Home»Document Library»Seeking Truth and Justice: Lessons from South Africa

Seeking Truth and Justice: Lessons from South Africa

Library
S Onyegbula
1999

Summary

What can be learnt from the operation of the South African Truth and Reconciliation Commission? What is the role of truth in healing the wounds of a country racked by years of violence and human rights violations? This paper, written for the Centre for Democracy and Development (CDD) addresses these questions. CDD is a not-for-profit non-government organisation providing independent research and information on issues of democratic development and peace building in West Africa.

It illuminates the process of truth telling and accountability for human rights abuses that took place in post- apartheid South Africa. The experiences of Latin American countries offer good examples of how countries in transition can contend with the past. The intention is to help draw up a successful model of reconciliation for West Africa.

The first condition in coming to terms with the past is that the truth must be known, and for the process of truth telling to have credibility it needs to be publicly investigated and officially acknowledged. The bane of most of the countries in West Africa is that there has not been a real effort by governments to promote reconciliation between sections of society.

  • In several West African countries fundamental rights are recklessly violated and due process of law is non-existent, guaranteeing impunity to government agents.
  • As some of these countries endeavour to move towards democratic order, it becomes imperative that abuses of the past are revisited.
  • Any meaningful and legitimate attempt to come to terms with past atrocities must begin with a determined effort to officially establish the truth of what has happened.
  • Truth has assumed the position of an absolute value that cannot be compromised under any circumstance.
  • Truth telling alone, without any form of justice to the victims of the abuses, will not suffice.
  • Truth commissions should be used to find creative ways to bring a balance between truth telling, reconciliation and justice.

Although the South African process of reconciliation has been successful, no one model is sacrosanct. They should be tailored to fit specific local circumstances.

  • Truth, justice and reconciliation can only be achieved in countries where respect for the rule of law and human rights is the norm.
  • Investigations into the past should not be seen as an exercise in revenge seeking, but a necessary measure aimed at consolidating democracy. Reconciliation, not restitution, should be the goal.
  • Chairperson of the South African Commission, Archbishop Desmond Tutu, has highlighted that reconciliation is not the work just of the Commission; reconciliation has to be undertaken by everybody.
  • Truth commissions must seek the assistance and cooperation of national and international human rights organisations as the storehouses of relevant information and documentation of past abuses.
  • It is recommended that further research on the process of truth telling and accountability in Latin America, Germany, Eastern Europe, Uganda, Ethiopia and Chad be conducted.

Source

Onyegbula, S. C., 1999, 'Seeking Truth and Justice: Lessons from South Africa', Centre for Democracy and Development, London

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