TRC Flashcards
1
Q
What problems did the establishment of democracy in SA fail to solve?
A
- Legacy of inequality
- Bitter memories of the past
- The need for reconciliation
2
Q
What special structure was put in place to address them and what was its intention?
A
- TRC
- Intended to deal with some of the problems that the apartheid past had created and to ensure a better future for the country
3
Q
When was the TRC set up and who were the people who ran it?
A
- In 1996 it was set up by the parliament
- Archbishop Desmond Tutu - chair person
- Dr. Alex Boraine - vice chairperson
- -> both selected by Mandela, had religious back grounds and represented unity between blacks and whites
4
Q
How long did the TRC last and what did it deal with?
A
- Lasted 2 years
- Dealt with human rights violations that occurred between 1 March 1960 and 10 May 1994
5
Q
What was the specific aim of the TRC?
A
- Investigate politically motivated violations of human rights during the apartheid era and the causes and extent of these violations
- Hear testimonies
- Recommend compensation for victims
- Grant amnesty to perpetrators from prosecution under certain conditions -> in return they had to give a full and public testimony of their actions and prove political motivation
6
Q
What two ways are there of dealing with justice?
A
- Retributive Justice (REVENGE)
- ->people accused of war crimes were put on trial and some sentenced to death while others given prison sentences
- Restorative Justice (HEALING)
- ->emphasis on forgiveness and reconciliation
- -> not possible to try perpetrators and the TRC used this which meant that it was not a court of law -> could not prosecute or hand out judgement
7
Q
What was the work and structure of the TRC?
A
- Began its work in 1996 and held hearings around the country for 2 years
- Hearings were broadcast on live radio and TV to share process with nation to allow closure
- Over 22 000 victims
- Commission were people chosen by president and had a history of promoting human rights and social justice; they were radically diverse and came from a range of political backgrounds
8
Q
What were the three separate committees involved in the TRC?
A
- Committee on Human Rights violations
- Heard public testimonies by victims of gross human rights - Committee on Reparations and Rehabilitation
- Investigated cases, gave support and awarded reparations for suffering/loss - Committee on Amnesty
- Could grant amnesty from prosecution to perpetrators of political violence under certain conditions -> prove actions; political motive and show remorse
9
Q
What did the TRC hearings reveal?
A
- High levels of violence - some wanted revenge; others compensations; others the truth
- The TRC did not only investigate the actions of those who worked for the apartheid govt. Also dealt with actions of the liberation movements, as well as those of politicians and thier supporters in the pre-election violence (Wasn’t biased)
- The public testimony, both from those who had fought for and against apartheid, revealed just how much violence had been carried out in previous decades.
10
Q
What were the findings of the TRC in October 1988?
A
- NP govt of P.W. Botha responsible for murder, torture, arson, abductions and sabotage
- Criticized De Klerk’s govt for activities of “third force” in an attempt to disrupt pre-1994 elections
- Criticized the ANC civilian casualties in MK operations; torture and execution in caps in exile; use of violence against opponents
- The attack of APLA guerillas which had resulted in civilian causalities and the necklace executions that support the UDF had carried out in the 1980’s
11
Q
What were the limitations of the TRC?
A
- Allowed leading figures of apartheid govt. to escape
- Perpetrators remained dissatisfied with amnesty system
- many deeds by both apartheid and liberation movement were unaccounted for -> not full disclosure
- ANC govt. delayed to formally respond to commissions recommendations –> TRC lenient on ANC –> Links to criticism
12
Q
What were the differences of opinion about TRC?
A
- Some wanted war crime tribunals
- Others believed it would result in a witch hunt
- Perpetrators escaped punishment via amnesty
- Some believed they should have been tried in a court of law for their crimes - Steve Bikos family applied unsuccessfully to the Constitutional Court for the whole TRC process to be stopped
- Amnesty was controversial
- Some wanted justice, not simply truth - not all victims were willing to forgive
13
Q
What were the problems with proceedings?
A
- Some refused to give evidence
- Some claimed to be carrying out orders
- Not all who applied for amnesty displayed remorse
14
Q
What was the criticism of the findings?
A
- ANC unhappy that TRC did not distinguish between actions of apartheid govt and liberation movement
- F.W. De klerk tried to prevent publication of a paragraph in report making him responsible for 3rd force acitivities - ANC argued that resistance to apartheid and defence of it was not equal -» also wanted to prevent publication of report
- De Klerk said it emphasized revenge, but not reconciliation
- Buthelezi believed it had favoured the ANC’S version of events over IFP
15
Q
What was the praise for the TRC?
A
- Mandela believed it laid foundation for reconciliation
- Tutu believed that truth essential for reconciliation.
