This thesis investigates the role that African indigenous value systems, Ubuntu in particular, could play in building a reconciled South Africa. In doing so a discourse analysis on Ubuntu is conducted and its potential in facilitating social cohesion in the quest for nation building. Specific focus is drawn on higher education an important task if we are to consider the accusation that higher education like its society, is still undergoing transformation and is under pressure to provide quality education for all people whilst also considering the large numbers of cultures that exist. For much needs to be done in redressing the imbalances caused by the apartheid education system which was organized according to racial lines. In doing so, Nelson Mandela Metropolitan University is utilised as a case study with narrative presentations of how students perceive this traditional African value and its applicability to reconciliation in a post conflict society. For seemingly, there is something inherently important about this value in that it has been invoked and referred to in many important instances in South African history.

This thesis takes its starting point from the need for a comprehensive approach towards justice following atrocities, and where not only the states in which the crimes were committed have a role to play. The thesis discusses atrocity crime (genocide, crimes against humanity and war crimes) prosecution and reparations procedures concerning individuals as two appropriate courses of action, through which non-territorial states may contribute to atrocity prevention and justice for the victims of atrocities. The analysis addresses whether, under international law, non-territorial states are allowed to, required to, or prohibited from facilitating prosecution and reparations procedures and includes an assessment of the extent to which international law relating to reparations fails to correspond to that applicable to prosecution. The implications of the lack of correspondence are analysed in light of the historical connection and separation of the two courses of action, the procedural and substantive legal overlaps between prosecution and reparations, and the underlying aims and functions of prosecution and reparations. The study covers a wide spectrum of international legal sources, most of them to be found in human rights law, humanitarian law and international criminal law. The study shows that while non-territorial states are included in both conventional and customary law as regards prosecution of atrocity crimes, the same cannot be said in relation to reparations procedures. This serious deficit and inconsistency in international law, is explained by the framing of reparations, but not prosecution, as a matter concerning victims and human rights, thereby leaving the enforcement of the rules to the discretion of each state. Reparation is also considered a private matter and as such falls outside the scope of the far-reaching obligations regarding prosecution. The study suggests taking further the responsibilities of non-territorial states in relation to atrocity crimes. Most urgently, measures should be considered that bring the legal space for reparations procedures into line with that for prosecution in, for instance, future discussions by human rights treaty-monitoring bodies and in the drafting of new international victims' rights, atrocity crimes or civil procedure instruments.

The prohibition on the use of child soldiers is widely recognized. Still, it is estimated that 60,000 children were abducted and forced to take part in the internal armed conflict between the Lord’s Resistance Army and the Government of Uganda. Thus, this study examines how the formerly abducted children have experienced their return and reintegration. The thesis is based on a minor field study conducted in Gulu and aims at investigating whether the provision of remedies aids or hinders their reintegration. Using theories of recognition and a conceptualization of successful reintegration, I analyze the semi-structured interviews with fourteen former abductees and ten other community members. The findings suggest that the process of return is fraught with many challenges. It is concluded that the absence of symbolic and material reparations is an obstacle to successful reintegration and sustainable peace as the lack of recognition can drive future social conflict in Uganda.

I believe that the most important components of transitional justice must be the rights of victims, which include the right to the truth, the right to acknowledgment, the right to reparations and the obligation to take steps to ensure that violation will not occur again. In many societies, transition from war to peace or from dictatorship to democracy has been dominated by a debate on how best past massive human rights violations can be addressed without undermining a fragile and transitional peace. Therefore, political considerations have entirely shaped legal solutions adopted to bring about transitions with less regard to accountability and appropriate remedy for victims of human rights abuses and violations. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2011. / http://www.chr.up.ac.za/ / nf2012 / Centre for Human Rights / LLM

Die Untersuchung thematisiert Rolle und Funktion der Universitäten der SBZ als Reservoir an Know-how im Zuge der Deportation der wissenschaftlichen Intelligenz im Sinne Intellektueller Reparationen durch die amerikanische und sowjetische Besatzungsmacht nach 1945, wie auch ihr integratives Potential bei der Rückkehr der Spezialisten in die DDR. Die Mikrostudie, die sich im zeitlichen Rahmen zwischen den ersten Deportationen im Jahr 1945 bis hin zur Rückkehr der letzten Spezialisten aus der UdSSR 1958/1959 bewegt, vergleicht dabei das Vorgehen der zwei Großmächte hinsichtlich Vorbereitung, Durchführung und Nachbereitung der Deportationen. Gleichzeitig werden die Konsequenzen für die jeweiligen Universitäten der SBZ oder der Bundesrepublik betrachtet, an denen Spezialisten beschäftigt waren. Das Projekt versucht eine bestehende Forschungsvakanz nicht allein im Blick auf die Universitäts- und Wissenschaftsgeschichte, sondern auch im Bereich der deutsch-deutschen Nachkriegsgeschichte zu schließen. Parallel illustriert die Analyse autobiographischer und zeitgenössischer Dokumente exemplarisch die Lebensumstände einzelner Spezialisten vor, während und nach ihrer Deportation.

Magister Legum - LLM / This thesis advocates the expansion of the field of transitional justice to address corruption in African states emerging from conflict or authoritarianism. There is a close connection between corruption and conflict or repressive regimes in Africa. A good example is the Arab Spring of 2011, where citizens of Tunisia, Egypt and Libya protested against endemic corruption, leading to removal of despotic leaders from power. Dictators or conflicts tend to leave African states in situations where their coffers have been emptied corruptly and their citizens subjected to serious physical violence. What is more, corrupt and oppressive leaders use their ill-gotten assets to escape liability for their crimes. The evident link between the two forms of abuse makes it desirable to address them simultaneously when the dictatorship or conflict ends. Many African countries have deployed transitional justice mechanisms, such as criminal prosecutions, truth commissions, institutional reforms and reparations to address violations of civil and political rights. However, they have neglected corruption and other violations of social and economic rights, notwithstanding their crucial role in the violent past. Many countries still are haunted by the unresolved legacies of corruption and other socio-economic injustices. Recently, scholars and practitioners in the fields of transitional justice and anti-corruption have started to call for corruption and other socio-economic issues to be accommodated within transitional justice programmes. Problems encountered with the expansion of transitional justice mechanisms have not been worked out yet at the level of theory, policy and practice. This thesis subscribes to transformative justice theory as the most viable perspective from which to tackle corruption in transitional societies in Africa. Transformative justice theory is gaining increasing attention in the field of transitional justice, and it has been incorporated in the recent African Union Transitional Justice Policy. It champions locally driven mechanisms which reflect the needs of the victims and local communities, and which pursue socio-economic justice and transformation. The thesis argues that the current transitional justice mechanisms have the potential to become transformative and it will seek to answer how best each of these mechanisms may be implemented to address corruption. It is hoped that this thesis will assist in answering critical questions regarding the proximate relationship between corruption and violence, and in offering guidelines towards the total integration of an anti-corruption agenda into the field of transitional justice in Africa.

This thesis explores how the documentary film The Apology (as a medium) and its filmmaker (as a carrier group) functions as connection points between cultural trauma and transitional justice reparations driving social change. Earlier approaches to bringing justice to comfort women have been based on legal frameworks which this thesis considers restrictive and instead examines justice and reparations from a victim-centred perspective. To dig for details about how the protagonists' and the filmmaker understand justice, this thesis conducted a narrative analysis of the documentary film The Apology and an interview with the film director. Connecting theories from cultural trauma and transitional justice, the findings show a lack of higher levels of participation of the comfort women in designing and implementing justice and reparation programmes. The documentary produced new master narratives that facilitated the comfort women’s identity shift from passive receivers to active seekers of justice and reparations. This thesis concludes that carrier groups are humane agents with the ability to create powerful influencing narratives to support collective identity shaping, awareness raising, and push for social change and government actions. Finally, an effective public apology must be victim-centred and truthful. Otherwise, it risks remaining as a nice-looking political gesture to deceive the public.

No description available.

In May of 2021, in a move unprecedented in European history, the governments of Germany and Namibia announced the completion of their negotiations for funding to redress what they together have termed the "wounds" of the colonial past. The bilateral agreement had long been declared void by Namibians of diverse backgrounds, however, who protested that the way they have been treated pales in comparison to the kind of treatment that Jewish people of various communities have received from Germany since 1945. My ethnographic research followed the diversity of discourse about German colonialism in two years leading up to this agreement in multiple locations; from hearings concerning legal demands for the return of Herero and Nama indigenous land, bones, and cattle in New York City, to political struggles around race and racism in Berlin, to the intransigent settler work of German Lutheran landowners in Namibia. I explore this ethnographic and historical material in a thesis that has three distinct sections. In the first part, I look at the place of the idea of Germany in these ongoing struggles by turning to the German Namibian community and the networks that they operate in and through. I ask after the borders of Germany as an idea, as a territory, and as a political theology – and I look to what "German Namibia" can tell us about contemporary German politics more broadly – most specifically as a site to undertake a potential genealogy of German Protestant Liberalism and its various phantasms. In the second part, I look to the history of Holocaust reparations and its relationship to the Herero and Nama case in the New York courtroom to understand how historically specific iterations of the figure of the suffering Jew have come to contour various grammars in which repair for anti-Black violence and native dispossession are fought for and responded to, especially when figured through the juridical language of reparations. In the third part, I turn towards the contemporary German politics of acknowledgment, Vergangenheitsbewältigung, the process of coming to terms with the past. Rather than asking here after the lack of attention to colonial history on the part of the German state, I ask after how the state has actively tried to oppose colonial racism by integrating the history of colonialism into its memory politics. I look to the multiple paradoxes of this attempt that I argue ultimately leads to a reinscription of German white supremacy upon racialized bodies. Overall, my research turns to the past and present of German settler colonialism to explore the politics of reparation on an international scale alongside the relationship between race, religion, and repair in a fractured Europe.

James Forman's Black Manifesto demanded $500 million in reparations from the nation's white churches and synagogues for their financial, moral, and spiritual complicity in the centuries of injustice carried out upon African Americans. Many African-American ministers in the North embraced the Black Power ideology and supported Forman's call for financial redress. These Northern clergymen had become exasperated with an interracial civil rights movement that neglected to confront the systemic racism that permeated the nation's culture. Black Manifesto activists attempted to compel the white churches into paying reparations by interrupting worship services and occupying church buildings throughout the urban North. While the vast majority of the American public believed that the Black Manifesto was simply an attempt to extort money from the white churches, there was a racially diverse contingent of clergymen who wholeheartedly supported the call for reparations. The primary reason that Philadelphia became one of the key arenas in the struggle for reparations was the presence of Muhammad Kenyatta, the local Black Economic Development Conference leader. Kenyatta implemented myriad confrontational tactics in an attempt to cajole the Philadelphia-area denominations into responding affirmatively to the Black Manifesto's demands. The young activist was able to form an alliance with influential leaders within the Episcopal Diocese of Pennsylvania. Paul Washington, an African-American minister, and Bishop Robert DeWitt, a white clergyman, supported the Black Manifesto and encouraged their fellow Episcopalians to do likewise. The duo's support for the Black Manifesto encouraged the Episcopalians to become the first predominantly white denomination to pay reparations to the Black Economic Development Conference. Although the payment was just $200,000, the concept of supporting a militant African-American organization was more than many conservative Episcopalians could tolerate. The debate over the Black Manifesto at the denomination's 1969 Special General Convention also enabled many African-American ministers to express long-held grievances regarding racism in the Church. A detailed examination of the rancorous debate over the Black Manifesto in Philadelphia complicates any simplistic narrative of the struggle for racial justice in the North. While many historians have blamed Black Power activists for derailing the civil rights movement, this study reveals that the fight against structural racism in the North generated political unity among African Americans that has lasted to the present day. The conflict among Philadelphians over the Black Manifesto was in no way split along racial lines. Many of document's most vehement supporters were white while many of its greatest detractors were conservative African Americans. The dispute over the Black Manifesto in Philadelphia illuminates the intellectual diversity present within the African-American population as well as the Black Power movement itself. / History