This work is concerned with healing practices that are created within a participatory framework in pastoral theology. It works in post-colonial and postapartheid times in South Africa following on from the Truth and Reconciliation Commission. The thesis looks to forms of participation with both victims and perpetrators of apartheid. It seeks to challenge singular identities of victims and perpetrators, whites and blacks, which are bound up in juridical practices that are embedded within binary forms of identity. It exposes some of the problems associated with the splitting of a subject from an object of enquiry. The research concerns a journey with a group of Mothers who lost their sons and husbands to the violence of the apartheid state. It is also a journey with some of the perpetrators who were responsible for the elimination of these men. It seeks to deconstruct identity in order to find alternate descriptions of people, both the victims and perpetrators that are not constructed within a binary oppositional form. This is worked with ideas from the social construction movement particularly ideas relating to relational responsibility. The research attempts to create a safe enough context for accountability, vulnerability and healing to take place within a participatory frame of pastoral care. It works with post-modern theology and some of the philosophy of Derrida, Foucault and Levinas. / Philosophy, Practical and Systematic Theology / D.Th.(Practical Theology with specialisation in Pastoral Therapy)

x, 208 p. / In this dissertation "literariness" is defined not merely as a quality of form by which texts are evaluated as literary, but as an immanent and critical sensibility by which reading, writing, speaking, learning, and teaching subjects within the literary humanities engage language in its immediate aesthetic (and thus also historical and ethical) aspect. This reorientation seeks to address the literary academy's overwhelming archival focus, which risks eliding literary endeavor as an embodied undertaking that inevitably reflects the historical contingency of its enactment. Literary endeavor in higher education is thus understood as a performance by which subjects enact not only the effect of literary texts upon themselves but also the contingencies of their socio-economic, national, cultural, and personal contexts. Subjects' responses to literature are seen as implicit identity claims that, inevitably constituted of biases, can be evaluated through the lens of post-positivist realism in terms of their ethical and pragmatic usefulness. Framing this reoriented literariness in terms of its enactment in higher education literature classrooms, this dissertation addresses its pedagogical, methodological, and personal implications. The events of the South African Truth and Reconciliation Commission (TRC) and the literature arising from it serve as a pivotal case study. The TRC Hearings, publically broadcast and pervasive in the national discourse of the time, enacted a scenario in which South Africans confronted the implications for personal and national identities of apartheid's racial abuses. The dissertation demonstrates through close reading and anecdotal evidence how J.M. Coetzee's Disgrace and Antjie Krog's Country of My Skull formally reactivate this scenario in the subject in the event of reading, while surveys of critical responses to these texts show how readers often resisted the texts' destabilizing effects. A critical account of the process that resulted in Telling, Eugene - a stage production in which U.S. military veterans tell their stories to their civilian communities - analyzes the idea of literariness in the U.S. and assesses its potential for socially engaged literary praxis. / Committee in charge: Linda Kintz, Chairperson; Suzanne Clark, Member; Michael Hames-Garcia, Member; John Schmor, Outside Member

This thesis examines the status of amnesties and the duty to prosecute gross and systematic human rights violations in international law. The thesis begins by distinguishing amnesty from other related concepts, such as impunity, pardon and statutes of limitations and so on. Unlike these related concepts, amnesty aims to address major social or political crises in society, such as to resolve an armed conflict, allow the return of political refugees or bring about peaceful political transition. Amnesty is linked to the duty to prosecute, because it is so often in direct conflict with international law norms and standards on the duty to prosecute and to compensate victims of human rights violations. Before the First World War, amnesty was a well-established customary practice. Even where a peace treaty was silent on the mater, amnesty was implied. Compensation was also part of the regime of peace treaties, but not followed as consistently as amnesty. This practice changed dramatically after the First and Second World Wars, because, in a break with the past, the victors did not consider themselves to be on the same level as the vanquished. This resulted in the abolition of the traditional practice of granting amnesty and the demand rather that those responsible for aggression be prosecuted and compelled to pay compensation, as was the case with Germany. Since 1948, with the adoption of the United Nations' Charter, and other international human rights treaties, the power of states to grant amnesty gradually became constrained by the obligation to prosecute perpetrators of gross human rights violations and to pay compensation to the victims of war crimes. Nevertheless, this phenomenon did not put an end to the practice of states granting amnesty for gross human rights violations. Internal armed conflicts during and after the end of the Cold War, with no victors and no vanquished, made amnesty an inevitable option. A considerable number of states continue to utilise amnesty as a device for peace and reconciliation, and they have granted amnesty for war crimes, genocide and crimes against humanity. In customary international law, there is a gap between the actual state practice and the existence of the customary norm creating a duty to prosecute. As a result, the status of the so-called "palatable amnesties" (à la South Africa), often granted as part of a truth and reconciliation process, still remains unclear in international law. This is further exacerbated by the inconsistent practice of the United Nations as the main depository and sponsor of human rights instruments. South Africa and Sierra Leone are used as case studies to illustrate this inconsistency in both state and UN practice on the status of amnesties in international law. As a result, the study proposes a balanced approach model, which is an attempt to strike a balance between accountability, political transformation and social stability in transitional democracies. The balanced approach model proceeds from the premise that the international criminal justice system is not flawless and, therefore, it is important to acknowledge its limitations, such as the lack of enforcement agencies, difficulties in the collection of reliable evidence and a lack of resources to prosecute. In terms of the model, consideration is given to (i) the need to respect the legitimacy of the political process that gives rise to the granting of amnesty; (ii) the amnesty must be proportional to the crimes committed and must be rationally connected to the aims of achieving peace and national reconciliation, the interests of justice, compensation for victims; and finally (iii) the general commitment of the state that grants amnesty to respect international law obligations, which includes the implementation of international obligations as part of municipal law and treaty monitoring obligations as preconditions for the amnesty to pass muster in the balanced approach model. In conclusion, the study proposes model Policy Guidelines on Amnesties Granted for Gross and Systematic Human Rights Violations in International Law for the Assembly of States of the International Criminal Court (ICC) to take note of, and to commend to states and international courts and tribunals, leaving its content to be taken up in the normal processes of the application and development of international law. The status of the Guidelines is that of a code of conduct or guide to practice. In that sense, the Guidelines do not have the character of a binding legal instrument and will serve as the basis for the development of sound principles of international law on amnesties. / Constitutional and International Law / L.LD

Transitional justice has undergone tremendous shifts since it was first used in Latin American and Eastern European countries to address post-authoritarian and post-communist legacies of atrocity and repression. In particular, the establishment of the International Criminal Court (ICC) has increased the demand for prosecutions within a field that was previously marked by compromise and non-prosecution. While there are increasing expectations that countries with unresolved claims of human rights abuses should enact transitional justice policies, most of the literature on the subject largely omits to explain how elites from those countries choose among the possible options of transitional justice, and specifically, how they choose among international prosecutions, domestic prosecutions, and truth-seeking. Using case studies of Kenya and Uganda, this dissertation examines this decision-making process to understand how elites choose and reject different transitional justice policies. Theoretically, the research examines how preferences for transitional justice policies are constituted through “judicial statecraft”: the strategic efforts by heterogeneous, interest-pursuing elites to use justice-related policies as carrots and sticks in the overall contestation of power. The research finds that the choices of elites about judicial statecraft depend on three factors: the extent to which the elites are secure that their policy choices cannot be subverted from within; the cost and credibility of transitional justice threats; and the effects, both intended and unintended, of history.

Thesis (MPhil (Political Science))--Stellenbosch University, 2008. / For a long time, conflict studies have focussed on the grand national projects of negotiating peace, concluded by the major actors in the country, like political parties, as well as international mediating actors like the UN. This view on solving conflict as a set top-down process were in recent years challenged by new theories on how to solve conflict. The conflict settlement theory had to make ideological and practical space for others like conflict resolution and conflict transformation, in the broader arena of conflict management. In the last 3 decades, conflict transformation has grown into a formidable tool in explaining conflict and moves toward peace-building. The fact that so many countries had collapsed back into civil war after their settlements, surely has something to say about the lack of longevity of some countries’ conflict settlement or conflict resolution approaches. This is why conflict transformation is such an attractive approach, especially in the case of South Africa. The political settlement of the early 1990s, that lead to an official peace, were also backed up by policies and programs to deal with the underlying causes and grievances that caused the conflict. The TRC was one aspect on post-1994 peace-building and enduring conflict transformation. The importance of the TRC as a transformative vehicle has been highlighted by the fact that so many institutions and individuals have made work of it to study the impact of the TRC on social transformation in the post-war era. Although many surveys indicate that South Africans have come to deal with the past to varying degrees and are seeing the various groups in the country as intertwined with the future of the country, there are still many worrying aspects that have to be addressed: interracial understanding and trust, and tolerance for one’s former enemies. The TRC has done much to build bridges between the formerly segregated groups of South Africa and the aim of this paper is to shed some light on these changes in attitudes.

Western archival institutions have both silenced and misrepresented Indigenous peoples in Canada for more than a century. These actions have in turn assisted in the colonization and subjectification of a myriad of Indigenous communities within the colonial construct of Canada. This institutional complicity in the colonization process has recently come under fire. Questions have arisen about how these institutions can be decolonized and how they can be used in partnership with Indigenous peoples to strengthen the Indigenous voices they once silenced. The institutional decolonization of archives becomes especially important when the archival institution in question has been given the responsibility to care for records that relate to gross human rights abuses perpetrated against Indigenous peoples. This is the case for the National Centre for Truth and Reconciliation (NCTR) at the University of Manitoba, which has a mandate to preserve and share the truths of Residential School Survivors. / May 2017

A research report submitted to the Faculty of Arts, University of the Witwatersrand, Johannesburg, in partial fulfillment of the requirements for the degree of Master of Arts (History) February 2013 / This study examines the gendered histories of two black women who both narrated their personal testimonies in self-authored narrations for public consumption, and who both testified at the South African Truth and Reconciliation Commission (TRC). It situates the politics of subjectivity, memory and historical consciousness within the social constructivist and hermeneutical theoretical frameworks of Butler and Ricoeur respectively; and through a generative process, working with their TRC testimonies and subsequent oral interviews, it examines self-narrativity, subject formation and the formation of female selfhood in the formation of gendered historical consciousness

La question de la justice dans les sociétés en transition est systématiquement soulevée après un conflit ou une période répressive ou autoritaire. En effet, les violations flagrantes du droit international des droits de l’homme et les violations graves du droit international humanitaire perpétrées sous les précédents régimes ne sauraient laisser aux institutions politiques nouvelles le choix de l’inaction face au passé. Les commissions vérité et réconciliation constituent un des mécanismes de la justice transitionnelle qui place la victime au cœur de ses préoccupations notamment parce que l’incrimination du bourreau n’est pas le seul objectif de la justice et que, comme le remarquait Hannah Arendt, il faut bien constater qu’il y a « des crimes qu’on ne peut ni punir, ni pardonner ». Parfois présentées comme une solution alternative à la justice pénale, ces commissions ont pour objectif d’établir les méfaits des anciens régimes. Le possible choix entre les commissions vérité et la justice répressive interne ou internationale est écarté dans cette étude qui entend accorder une place importante à la complémentarité des commissions vérité et réconciliation avec les autres mécanismes de la justice transitionnelle, notamment les poursuites judiciaires contre les auteurs des crimes de droit international les plus graves et les réparations pour les victimes. De fait, le but de cette étude n’est pas d’analyser de manière isolée ces commissions mais de constater que les normes internationales et la situation propre à chaque pays en transition limitent les options disponibles du traitement du passé. La recherche est fondée sur la méthode d'étude de cas de plusieurs pays dans une démarche comparative afin d’en tirer des conclusions aboutissant à démontrer la légitimité des commissions vérité et réconciliation en période de transition ainsi que leur fonctionnement. / The issue of justice in societies in transition is systematically raised after a conflict, a repressive period or an authoritarian period. Gross violations of international human rights law and grave breaches of international humanitarian law perpetrated under previous regimes cannot let the choice of inaction concerning the past to the new political institutions.Truth and reconciliation commissions constitute one of the mechanisms of transitional justice, which place the victim at the middle of its concerns especially because the criminalization of perpetrators is not the only goal of justice and, as noted by Hannah Arendt, “men are unable to forgive what they cannot punish and are unable to punish what turns out to be unforgivable”. Sometimes presented as an alternative mean to criminal justice, these commissions aim to establish the misdeeds committed by former regimes. The possible choice between truth commissions and international or internal criminal Justice is avoided in this study, which aims to highlight the important role of the complementarity of truth and reconciliation commissions with other transitional justice mechanisms, notably legal prosecutions against the perpetrators of crimes against international law and reparations for victims. In this regard, the aim of this study is not to analyze these commissions in an isolated manner, but to notice that international standards as well as situations in each country restrict the options available for dealing with the past. This research is based on a comparative approach presenting a case study on different countries for demonstrate the legitimacy of truth and reconciliation commissions and their functioning in period of transition.

This dissertation seeks to compare paradigms of reconciliation in African tradition (including African indigenous religion and culture) and Christianity, in order to enhance the reconciliation process in South Africa. The aim is to enable and promote dialogue between African tradition and Christian tradition, with special reference to the reconciliation paradigms they offer. In order to accomplish this, the first step taken is to establish what African tradition has to offer in terms of reconciliation resources. African traditional religion, philosophy and anthropology are identified as providing a conceptual basis for reconciliation. Certain African traditional legal resources as well as African indigenous ritual resources are also considered able to contribute to social reconciliation. The next step in the dissertation is to establish what the Christian faith tradition has to offer in terms of reconciliation paradigms. The following resources available to, and stemming from, Christianity are discussed: reconciliation in the Bible; the narrative of the cross and the resurrection; the inter-linked concepts of sin, repentance and forgiveness; the church as reconciling community and institution. After having elaborated on certain reconciliation paradigms lodged in both African tradition and Christianity, the next step is to explore ways in which these paradigms interact. In some respects, they are found to clash and disagree because of their differences and the discontinuities between them. Yet in significant ways they indeed connect to and complement each other. This dissertation seeks to highlight points of agreement and connection between the paradigms of reconciliation provided by African tradition and Christian tradition. Moreover, it seeks to illustrate that the two cultural and religious traditions could interact fruitfully for the benefit of South African society. A concrete example of such positive interaction and mutual enrichment is brought forward, viz. a "new" ritual of reconciliation that combines resources from both traditions. / Thesis (Ph.D.)-University of KwaZulu-Natal, Pietermaritzburg, 2006.

En 2003, la Commission de vérité et de réconciliation du Pérou (CVR) publie un rapport sur la période de guerre interne et de violence qui a déchiré le pays entre 1980 et 2000. Ce rapport étudie ces deux décennies pour faire la lumière sur les événements et évaluer la position de divers secteurs de la société afin que les Péruviens puissent se réconcilier avec un pan de leur histoire. Dans son rapport, la CVR consacre une section aux médias, notamment la presse écrite, et salue le rôle « important » qu’ils ont joué, tout en notant au passage que leur couverture du conflit n’a pas favorisé la pacification du pays et a même pu la compromettre par moments. Ce mémoire vise à étudier la couverture de la guerre interne par les trois quotidiens péruviens les plus importants pour le tirage, Expreso, El Comercio, et La República. Il porte surtout sur la période comprise entre le début des hostilités, le 17 mai 1980, et le massacre de huit journalistes dans le village andin d’Uchuraccay, le 26 janvier 1983. Un regard est également jeté sur l’évolution du journalisme au Pérou depuis les années 1960, marquées par l’élection d’un gouvernement démocratique et aussi par l’instauration d’un régime militaire qui se maintiendra au pouvoir pendant 12 ans. Les bouleversements au cours de cette période difficile expliquent, au moins en partie, le désintérêt initialement manifesté par ces quotidiens, au-delà des différences idéologiques manifestes, à l’endroit des premiers pas du Sentier Lumineux et de sa « guerre populaire ». / In 2003, the Truth and Reconciliation Commission (TRC) of Peru published a report on the internal war and violence that tore the country apart from 1980 to 2000. The report studied those two decades in order to shed light on the events, investigating the involvement of different sectors of society, so that Peruvians would be able to come to peace with their recent history. In its report, the TRC had a section on the media – including the written press. The report underscored the “important” role the media had played, but also stated that their coverage of the war might not have helped bring peace and may have even at times worsened the situation. This thesis aims to study the coverage of the internal war by the three daily newspapers with the largest circulation, Expreso, El Comercio and La República. It focuses on the period between the start of the war on May 17, 1980 and the massacre of eight journalists in the Andean village of Uchuraccay on January 26, 1983. It also considers the evolution of Peruvian journalism since the 1960s, when a democratic government was elected and a military junta subsequently took power and held it for 12 years. Beyond the ideological differences that characterize the three papers studied, this rocky period accounts for, at least partially, the initial lack of interest shown by the newspapers towards the first guerilla actions of the Shining Path and its popular war.