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
Email: fanie@ijr.org.za
IJR – A Post-TRC Initiative
UNESCO PRIZE FOR PEACE EDUCATION Laureate 2008
AFRICAN IDENTITY
ROOTED IN SA
EXPERIENCE
EXCHANGE OF
LESSONS, INSIGHTS
AND PRACTISES IN
AFRICA
MAIN GOAL: To contribute to the building of fair,
democratic and inclusive post-conflict societies in
Africa
o
JUSTICE AND
RECONCILIATION
o
4 KEY OUTPUT
AREAS
o
Cape Town-based organisation with long-term
involvement in 8 other African countries
Assumes that cooperation and the exchange of insights
between partners have intrinsic benefits
Cultivates the potential for reconciliation and justice as
equally important challenges facing transitional
societies
INSTITUTE FOR JUSTICE AND RECONCILIATION ©
BUILDING FAIR, DEMOCRATIC AND INCLUSIVE SOCIETIES IN AFRICA
IJR Projects
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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
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DEMOCRATIC AND INCLUSIVE SOCIETIES IN AFRICA
Concepts: Challenges and Lessons
Comprehensive
Justice


TJ – A Bridge
towards justice
Modest
Reconciliation
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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 postconflict societies
Three Dimensions: Descriptive, Normative, Evaluative
Vexed relationship

Timing and
Sequence

Should we shake
hands with the
devil?


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?
Power Relations
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Context: Challenges and Lessons
Post-Colonialism

Proxy Wars
Analysis
 Awareness
 Action

Greed versus
Grievance
Power-balance
(Inclusion) versus
Democracy
(Accountability)
Fair, Democratic
and Inclusive
development
Linking Back: Historical Antecedents of the
Conflict

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Linking Up: Political Authority and the
Nature of the Transition
Linking Laterally: Civil Society and
Communities
Linking forward: Development and
Reconstruction
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Capacity: Challenges and Lessons
Representative
and Credible
Acknowledgment,
Accountability,
Redress
Funding models

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Local Consensus
Clear, achievable and morallydefensible mandate
Logistics
Monitoring and Evaluation
 Implementing
the mandate
 Recommendations
 National Impact
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2001 TRC Survey: Research Design
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Survey dates: Dec/Jan 2000 - 2001
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
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In general, how do you feel
about the activities of the TRC?
100
% Approve
90
80
% Disapprove
76
70
61
60
50
50
45
37
40
29
30
20
16
15
10
0
Black
White
Coloured
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Asian Origin
Performance of TRC in letting the families of people
know what happened to their loved ones
100
90
89
% saying excellent / good job
80
69
70
63
60
55
50
40
30
20
10
0
Black
White
Coloured
Asian Origin
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The TRC was essential to avoid civil war in South Africa
during the transition from white rule to majority rule.
100
90
80
70
65
60
47
50
40
36
30
18
20
10
0
Black
White
Coloured
Asian Origin
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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?
100
% approve
90
80
72
70
60
50
46
39
40
42
30
20
10
0
Black
White
Coloured
Asian Origin
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DEMOCRATIC AND INCLUSIVE SOCIETIES IN AFRICA
% saying it is TRUE that apartheid was a crime against
humanity
100
94
% true
90
86
89
80
73
70
60
50
40
30
20
10
0
Black
White
Coloured
Asian Origin
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% saying it is TRUE that whites profited from apartheid, in
the past and today
100
90
% true
88
83
79
80
70
60
50
38
40
30
20
10
0
Black
White
Coloured
Asian Origin
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DEMOCRATIC AND INCLUSIVE SOCIETIES IN AFRICA
% support white South Africans paying some of the costs of
compensating the victims
100
90
80
79
70
60
60
50
38
40
30
20
10
10
0
Black
White
Coloured
Asian Origin
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BUILDING FAIR, DEMOCRATIC AND INCLUSIVE SOCIETIES IN AFRICA
TRC was important in building a united South African nation
90
80
Black
77
White
70
Coloured
60
56
50
40
33
30
29
29
18
20
10
13
12
10
9
8
5
0
Agree
Neither
Disagree
Don't Know
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The Legislature: Challenges and Lessons
Platform for
political
engagement

Legal and
politically astute
legislation

Special
programmes for
public involvement
Holding the
Executive
Accountable
Closure

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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
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