Martha Minow argues that among the goals that a transitional justice system should pursue, reconciliation is equally as important as truth and justice. This is why in her view – and others who have argued similar lines – Truth and Reconciliation Commissions are not a “second best option” to trials. I argue that if we are to accept that reconciliation is a valuable goal, then the practical reality of pursuing reconciliation dictates a need to understand perpetrators in greater depth. This is because unlike truth and justice, reconciliation cannot be forced. Constructive participation is the only way that reconciliation can be achieved. In order to promote constructive participation, I argue that theorists need to do further research into what I call “perpetrator requirements”: the requirements that make perpetrators participate, and participate constructively. To do so, theorists should use an interdisciplinary approach, utilizing research from psychology, anthropology, political science, philosophy, and law. / Graduate

<p><font face="Times New Roman"> <p align="left">This work is a meditation on the shaping of time and its impact on living with and understanding atrocity in South Africa in the wake of the Truth and Reconciliation Commission (TRC).</p> </font></p>

<p><font face="Times New Roman"> <p align="left">This work is a meditation on the shaping of time and its impact on living with and understanding atrocity in South Africa in the wake of the Truth and Reconciliation Commission (TRC).</p> </font></p>

Philosophiae Doctor - PhD / This work is a meditation on the shaping of time and its impact on living with and understanding atrocity in South Africa in the wake of the Truth and Reconciliation Commission (TRC).

"It is noted that special measures are always necessary in post-conflict situations to bring about the restoration of normalcy to societies. Truth commissions have been identified as a key to uniting, reconciling and helping the people to confidently deal with their past. Whilst these are noble notions, practically, truth commissions face serious challenges. The dissertation shall seek to highlight these problems and offer recommendations. ... The dissertation is divided into five chapters. Chapter one is the general introduction. It gives a brief political history of Ghana and South Africa and their impact on the enjoyment of human rights. The chapter shall also discuss the need for national reconciliation in both countries. Chapter two discusses truth commissions in contemporary societies. It briefly discusses the establishment of national reconciliaton commissions and their mandates. Chapter three focuses on the laws establishing the TRC and NRC of South Africa and Ghana respectively. These legislation shall be considered in detail in order to analyse their objectives to know whether or not thet are achievable within their stated mandates. Chapter four discusses the challenges truth commission poses to international law and its implications on rule of law. The chapter shall discuss the issue of amnesty to perpetrators of gross human rights and the perpetuation of the culture of impunity in the light of international law. Chapter five considers the way forward and suggest recommendations." -- Chapter 1. / Thesis (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2003. / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

At the turn of the 21st century, truth commissions arose as a new possibility to address the violence and trauma of removing Indigenous children from their families and nations in what is now known as North America. The creation of two truth and reconciliation commissions in Canada and Maine marked an important step in addressing Indigenous demands for justice and the end of harm, alongside Indigenous calls for truth-telling. Holding Indigenous conceptions of justice at its core, this dissertation offers a comparative tracing of the work of the Truth and Reconciliation Commission of Canada (2009-2015) and the Maine Wabanaki-State Child Welfare Truth and Reconciliation Commission (2013-2015) as they investigated state practices of removing Indigenous children from their homes and nations. More specifically, this dissertation examines the ways these truth commissions have intersected with Indigenous stories and how Indigenous stories can inform how we understand the work of truth and reconciliation commissions as they move to provide a form of justice for our communities. Within both commission processes, stories of Indigenous experiences in residential schools and the child welfare system were drawn from the perceived margins of settler colonial society in an effort to move towards truth, healing, reconciliation and justice. Despite this attempted inclusion of stories of Indigenous life experiences, I argue that deeply listening to Indigenous stories ¬¬in their various forms—life/ experiential stories, and traditional stories—illuminates the ways that the practice of reconciliation has become disconnected from Indigenous understandings of justice. As such, I argue that listening to Indigenous stories, not just hearing the words but instead taking them to heart, engaging with them and allowing them to guide us, moves toward more informed understandings of what justice looks like for Indigenous communities. / Graduate / 2022-09-12

Following the formal conclusion of reconciliatory processes in a newly post-apartheid South Africa, narrative remained a perdurable, centripetal force. Extending into the realm of literature, the inquiries of the Truth and Reconciliation Commission were altered and enlarged. The mode of magical realism, in particular, emerged as a viable method not only for representing the world, but for working through uncertain futures and traumatic histories. Shimmering with the extraordinary and ineffable strangeness of the magical realist text, Achmat Dangor’s short story “The Devil”, offers expansive, recognizable and revelatory ways of dealing with the trauma of apartheid. Crucially, the narrative represents the private efforts of individual, personal healing in contradistinction with official processes of reconciliation. This thesis examines the ways in which “The Devil” proposes the body as a site of exploring the structuring antipodes of individual-collective and public-private, ultimately untethering these binaries through a process of bodily dis/entwining.

How could citizens trust a new regime after being oppressed by the previous one? How could citizens forgive their neighbors who yesterday were executioners, used by the previous government, to commit atrocities (Halpern and Weinstein, 2004)? How could people ever feel safe in their own country after being traumatized by civil wars and human rights violations? Is there a political process that could help countries transition from an authoritarian regime to a democratic one and consolidate that democracy? This thesis argues that reconciliation commissions are the answer to all these questions. It also argues that they could be the middle step between peace and democracy-building. However, there are some necessary and sufficient conditions that need to be satisfied.

How could citizens trust a new regime after being oppressed by the previous one? How could citizens forgive their neighbors who yesterday were executioners, used by the previous government, to commit atrocities (Halpern and Weinstein, 2004)? How could people ever feel safe in their own country after being traumatized by civil wars and human rights violations? Is there a political process that could help countries transition from an authoritarian regime to a democratic one and consolidate that democracy? This thesis argues that reconciliation commissions are the answer to all these questions. It also argues that they could be the middle step between peace and democracy-building. However, there are some necessary and sufficient conditions that need to be satisfied.

Since Antiquity, the granting of amnesty to past atrocities has played a prominent role in political transitions. However, the moralized discourse of human rights that has emerged after the end of the Second World War has called for prosecutions in such cases. This study shows that granting individual amnesties to those responsible for past atrocities, as opposed to their prosecution, is a critical element in paving the way towards homonoia---harmony or concord---in a community that has been affected by civil strife. After having explored the origins of amnesty in Ancient Athens and its similarities with the amnesties granted by early modern European peace treaties and the South African Truth and Reconciliation Commission, the author argues that individual amnesty constitutes the only way of uncovering the truth about past atrocities. This is turn facilitates the forgiving of perpetrators and thus the achievement of homonoia. Moreover, individual amnesty, as mainly a political act, can nevertheless encompass considerations of justice, when the notion is not restricted merely to its punitive aspect.