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11 - Post-conflict justice and the reconciliatory paradigm: the South African experience

Published online by Cambridge University Press:  01 July 2009

François du Bois
Affiliation:
University of Nottingham
Antje du Bois-Pedain
Affiliation:
University of Cambridge
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Summary

INTRODUCTION

Every transition to democracy is a morally hazardous undertaking. This is due to the standing risk that the construction of a new society might result in the conscription of the individuals that are to be its members. This danger is particularly acute when, as in South Africa, the transition takes place in a context marked by wide-ranging and long-standing injustices. A variety of factors may make it impossible to address these through the standard mechanisms of corrective justice: criminal prosecutions might not be practically feasible and/or might threaten the possibility of a transition, while compensation and restitution might flounder on the difficulty of proving the causal link between current circumstances and events distant in time and space. Yet, if the victims of such injustices are left without ‘a moral response, one that is more specific than the hope of building a better democracy’, then, as Amy Gutmann and Dennis Thompson have insisted, ‘the new democracy will be morally flawed from its inception’. For then the victims of the past are turned into victims of the new. They are made to pay the price for a democracy in which others may hope to enjoy freedom from the sufferings they have already experienced. In so far as their specific moral interests remain unaddressed, the victims of historical injustice would be no more than conscripted members of the new democracy.

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Publisher: Cambridge University Press
Print publication year: 2009

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References

Rotberg, Robert I. and Thompson, Dennis (eds.), Truth v. Justice: The Morality of Truth Commissions (Princeton: Princeton University Press, 2000) 22 at 28.CrossRef
Villa-Vicencio, Charles and Verwoerd, Wilhelm (eds.), Looking Back Reaching Forward. Reflections on the Truth and Reconciliation Commission of South Africa (Kenwyn: University of Cape Town Press, 2000) 32 at 36.
Roht-Arriaza, Naomi (ed.), Impunity and Human Rights in International Law and Practice (Oxford: Oxford University Press, 1995) 267.
Gruchy, John W., Reconciliation: Restoring Justice (London: SCM Press, 2002)Google Scholar
Gibson, James L., Overcoming Apartheid: Can Truth Reconcile a Divided Nation? (Cape Town: HSRC Press, 2004).Google Scholar
Sarkin, Jeremy and Daly, Erin, ‘Too Many Questions, Too Few Answers: Reconciliation in Transitional Societies’ (2003–2004) 35 Columbia Human Rights Law Review661.Google Scholar
Doxtader, Erik, Faith in the Works of Words: The Beginnings of Reconciliation in South Africa (Cape Town: David Philip, 2008).Google Scholar
Steytler, Nico (ed.), The Freedom Charter and Beyond. Founding Principles for a Democratic South African Legal Order (Cape Town: Wyvern, 1991).
Doxtader, Erik and Salazar, Philippe-Joseph (eds.), Truth and Reconciliation in South Africa: The Fundamental Documents (Cape Town: David Philip, 2007) 437 at 438.
Gilligan, George and Pratt, John (eds.), Crime, Truth and Justice: Official Inquiry, Discourse, Knowledge (Cullompton, Devon: Willan, 2004) 222 at 231.
Wilson, Richard A., The Politics of Truth and Reconciliation in South Africa. Legitimizing the Post-Apartheid State (Cambridge: Cambridge University Press, 2001) at 19.CrossRefGoogle Scholar
Tutu, Desmond M., No Future Without Forgiveness (London: Rider Books, 1999) at 51.Google Scholar
Villa-Vicencio, Charles and Doxtader, Erik (eds.), The Provocations of Amnesty: Memory, Justice and Impunity (Claremont: David Philip, 2003) 30
Koggel, Christine (ed.), Moral Issues in Global Perspective (Peterborough, Ont: Broadview Press, 1999) 96
Llewellyn, Jennifer J. and Howse, Robert, ‘Institutions for Restorative Justice: The South African Truth and Reconciliation Commission’ (1999) 49 University of Toronto Law Journal355.CrossRefGoogle Scholar
Lodge, Tom, Black Politics in South Africa Since 1945 (Johannesburg: Ravan Press, 1983).Google Scholar
James, Wilmot and Vijver, Linda (eds.), After the TRC: Reflections on Truth and Reconciliation in South Africa (Athens: Ohio University Press, 2001) 115 at 123.
Bell, Christine, Peace Agreements and Human Rights (Oxford: Oxford University Press, 2000) at 117.Google Scholar
Veitch, Scott (ed.), Law and the Politics of Reconciliation (Aldershot: Ashgate, 2007) 1.
Walker, Margaret Urban, Moral Repair: Reconstructing Moral Relations after Wrongdoing (New York: Cambridge University Press, 2006) at 23.CrossRefGoogle Scholar
Minow, Martha, with Rosenblum, Nancy L. (ed.), Breaking the Cycles of Hatred: Memory, Law and Repair (Princeton: Princeton University Press, 2002) 77 at 102.
Thompson, Janna, Taking Responsibility for the Past: Reparation and Historical Injustice (Cambridge: Polity, 2002) at 48.Google Scholar
Allen, John, Rabble-Rouser for Peace: The Authorised Biography of Desmond Tutu (Londonet al.: Random House, 2006) at 364.Google Scholar
Villa-Vicencio, Charles and Toit, Fanie du (eds.), Truth and Reconciliation in South Africa: 10 Years On (Claremont: David Philip, 2006) 71 at 74.
Assmann, Aleida, Der lange Schatten der Vergangenheit. Erinnerungskultur und Geschichtspolitik (Munich: Beck, 2006).CrossRefGoogle Scholar
Gobodo-Madikizela, Pumla, A Human Being Died That Night: A Story of Forgiveness (Cape Town: David Philip, 2003) at 6–7.Google Scholar
Christodoulidis, Emilios and Veitch, Scott (eds.), Lethe's Law: Justice, Law and Ethics in Reconciliation (Oxford: Hart, 2001) 17 at 30.

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