• The Truth and Reconciliation Commission (TRC) was a court-like body assembled in South Africa after the end of Apartheid. Anybody who felt he or she had been a victim of violence could come forward and be heard at the TRC. Perpetrators of violence could also give testimony and request amnesty from prosecution.
• The TRC was seen by many as a crucial component of the transition to full and free democracy in South Africa and, despite some flaws, is generally - though not universally - regarded as successful.
Information on the TRC:
During his inauguration speech as a Professor of Human Rights Law at the University of the Western Cape on May 25th 1992 professor Kader Asmal was the first to suggest the installation of a South African truth commission. Soon afterwards the ANC(African National Congress) set up its own internal commissions, the Stuart, the Skweyiya and the Motsuenyane Commissions, to investigate human rights violations that had taken place in its camps. The ANC accepted the results of these enquiries, but at the same time called for a commission to investigate gross human rights violations in South Africa over a longer period (Truth and Reconciliation Commission of South Africa Report. Two conferences, organised by the Institute for Democracy in South Africa, were then held in 1994, to explore how to deal with the past. On the basis of their recommendations, the new government introduced the Promotion of National Unity and Reconciliation Bill in parliament in November 1994. In close collaboration with civil society and after having held many public hearings, the parliamentary Portfolio Committee on Justice made some changes to the Bill,
which was then signed into law by President Nelson Mandela on July 19th 1995.The Promotion of National Unity and Reconciliation Act was the founding legislation for the TRC. The mandate of the TRC, as stated by the TRC Act, was one of the most ambitious mandates of truth commissions to date. It gave the TRC following tasks
• to establish as complete a picture as possible of the causes, nature, and extent of the gross violations of human rights during the period from March 1st 1960 to the cut-off date;
• to facilitate the granting of amnesty to persons who make full disclosure of all the relevant facts relating to acts associated with a political objective and who comply with the requirements of this Act;
• to establish and make known the fate or whereabouts of victims and to restore the human and civil dignity of such victims by granting them an opportunity to relate their own accounts of the violations of which they are the victims, and by recommending reparation measures in respect of them;
• to compile a report providing as comprehensive an account as possible of the activities and findings of the Commission, which contains recommendations of measures to prevent the future violations of human rights.
In order to achieve these tasks, three committees were called into existence: the Committee on Human Rights Violations, the Committee on Amnesty and the Committee on Reparation and Rehabilitation. The seventeen commissioners appointed by the president in December 1995 were to decide among themselves which committee they wanted to belong to.
The Human Rights Violation Committee was mandated, amongst other things, to enquire into systematic patterns of abuse, to attempt to identify motives and perspectives and to establish the identity of individual and institutional perpetrators. This Committee held public hearings all over the country in which hundreds of people came to testify about past abuses. Apart from personal hearings on Human Rights Violations, also a number of special hearings - for example on women or political parties - and institutional hearings - for example on the health sector or faith communities - were held.
The primary function of the Amnesty Committee was to consider applications for amnesty that were made in respect of any act, omission or offence associated with a political objective committed between March 1st 1960 and December 6th 1993. The cut-off date was later extended to May 10th 1994 by an amendment to the interim Constitution. The final date for the submission of applications was midnight September 30 1997 and in order to be granted amnesty, the applicant had to give full disclosure of the committed violation.
The main task of the Committee on Reparation and Rehabilitation was to recommend policies to the government regarding reparations and rehabilitations of victims of gross human rights violations. In addition, it also had to make recommendations on the creation of institutions conducive to a stable and fair society, and on the measures to be taken in order to prevent the repetition of human rights violations.
According to its mandate the TRC had 18 months to round off its business, but this time period was later extended to two years. Thereafter, the hearings on Human Rights Violations were finished, but the Amnesty Committee continued its proceedings. This was due to the overwhelming number of more than 7000 amnesty applications.
The South African TRC was a remarkable undertaking, especially because of its extensive mandate and its unique features. One such a unique aspect was that the TRC provided for individual amnesty while no blanket amnesty was granted. Another element was that the TRC had impressive powers of subpoena, search and seizure. This promoted the investigation of past abuses and the uncovering of the truth a lot. The TRC was also unique in its transparency, for example in the selection of the commissioners, the openness to the media and the holding of public hearings. Finally, the TRC was endowed with a considerable staff and budget.
According to many people, the TRC has achieved a lot, especially on the level of establishing the truth about apartheid or creating an officially acknowledged past. Many others, however, are critical about the TRC, and this specifically with regard to the aims of reconciliation, justice or reparations for the victims. A lot of literature on these issues has been published and many films have also been produced.
5392 people were refused amnesty and 849 were granted amnesty, out of 7112 petitioners (there were a number of additional categories, such as withdrawn).
The TRC had a number of high profile members:
• Chairman Archbishop Desmond Tutu
•Deputy Chairman Dr. Alex Boraine
•Advocate, Mary Burton
•Chris de Jager
•Bongani Finca
This photo provided by the makers of the film "Greensboro: Closer to the Truth" shows Rev. Nelson Johnson, right,Rev. Bongani Finca, a former commissioner of the South Africa Truth and Reconciliation Commission.
•Pumla Gobodo-Madikizela
Pumla Gobodo-Madikizelan is a psychologist from South Africa who has brought together the victims of the apartheid-era secret police torturers and the families of those they killed. She says, "Forgiveness does not overlook the deed. It rises above it. This is what it means to be human, [because] it says I cannot and will not return to the evil you inflicted on me. And that is the victim's triumph."
In South Africa there is intense anger related to the crimes against humanity during the apartheid era. In her past work as a member of the Human Rights Violations Committee of the Truth and Reconciliation Commission (TRC) of South Africa, Gobodo-Madikizelan used dialogue, understanding and alternatives to courtroom settings in order to bring perpetrators and victims together. When a perpetrator [of torture, murder] apologizes with genuine remorse, they recognize their victim's humanity, even in death. She says, "Perpetrators who receive the gift of forgiveness are given a chance to change." Pumla Gobodo-Madikizelan has authored a book, A Human Being Died That Night: A South African Story of Forgiveness, about her prison interviews of former South African secret police head Eugene de Kock, who is serving a 212-year sentence for crimes against humanity.
•Sisi Khampepe
•Richard Lyster
•Wynand Malan
•Reverend Khoza Mgojo
•Hlengiwe Mkhize
•Dumisa Ntsebeza (head of the Investigative Unit)
•Advocate, Wendy Orr
•Denzil Potgieter
•Mapule Ramashala
•Dr. Faizel Randera
•Yasmin Sooka
•Glenda Wildschut
Dragged
This painting by Judith Peck addresses the step taken by the Truth and Reconciliation Commission as they chose to hear and record the stories of the survivors of South Africa’s human right violations.
