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Born with an historic compromise that few predicted, the TRC has evoked emotions ranging from anger and confusion to sympathy and remorse. It has rarely generated indifference.
This collection of essays constitutes a tour de force, capturing the essence of the TRC debate, while posing a set of questions with which this country is likely to wrestle for some time to come. Indeed, it is intended to provoke debate rather than provide simply answers to complex questions. This makes it a useful book for teaching purposes as well as for others interested in transitional politics.
A number of different voices are heard, all seeking to provoke practical ways forward for a nation that in the early 1990's was teetering on the brink of collapse. The pertinent question posed by the book is: "Where does South Africa go in the post TRC period?" Equally important is the question: "Does the TRC model provide a viable alternative to prosecution for other countries in transition from oppressive rule to a society committed to human rights and the rule of law?"
Contents
Foreword - Mr Justice Richard Goldstone
Introduction
Part I: The Historical Context and Origins of the Commission
1. A Struggle for Human Rights: From the UN Declaration of Human Rights to the present - Dumisa Ntsebeza
2. The Historical Context, Legal Origins and Philosophical Foundations of the South African Truth and Reconciliation Commission - Johnny de Lange
3. Same Species, Different Animal: How South Africa Compares to Truth Commissions worldwide - Priscilla Hayner
4. Justice Without Punishment: Guaranteeing Human Rights in Transitional Societies - Paul van Zyl
Part II: The Philosophical Framework of the Commission
5. The Moral Justification of Truth Commissions - Rajeev Bhargava
6. Restorative Justice: Dealing with the Past Differently - Charles Villa-Vicencio
7. Making Moral Judgements - Mary Burton
8. When the Assassin Cries Foul: The Modern Just War Doctrine - Kader and Louise Asmal, and Ronald Suresh Roberts
9. The Law and Struggle: The Same, but Different - Hugh Corder
10. Combatting Myth and Building Reality - Colleen Scott
11. Truth and Reconciliation as Performance - Spectres of Eucharistic Redemption. Ebrahim Moosa
12. The Baruti vs the Lawyers: The Role of Religion in the TRC Process - Piet Meiring
Part III: What the Commission Sought to Acheive
13. Historical Truth - Something to Fight for. Janet Cherry
14. Truth as a Trigger for Transformation: From Apartheid Injustice to Transformational Justice - Willie Esterhuyse
15. Towards the Recognition of Our Past Injustices - Wilhelm Verwoerd
16. Where Healing Begins - Yazir Henry
17. Justice and Amnesty - Ronald C. Slye
18. Amnesty: The Burden of Victims - Richard Lyster
19. Amnesty and Denial - Nkosinathi Biko
20. Getting on With Life: A Move Towards Reconciliation - Charles Villa-Vicencio
21. Reconciliation: A Call to Action - Mxolisi Mgxashe
22. What Makes a Perpetrator? An Attempt to Understand - Don Foster
23. A Personal Encounter with Perpetrators - Ginn Fourie
24. Reparation Delayed is Healing Retarded - Wendy Orr
25. Insufficient Healing and Reparation - Nomfundo Walaza
Part IV: After the Commission
26. An Opportunity for Peace - Archbishop Njongonkulu Ndungane
27. Dealing with Systematic Economic Injustice - Sampie Terreblanche
28. National Reconciliation: Holy Grail or Secular Pact? - Jakes Gerwel
Appendix: Key sections from the Mandate chapter, TRC Report, Volume I
Index
