AFTER VIOLENCE: 3R, RECONSTRUCTION, RECONCILIATION ...

AFTER VIOLENCE: 3R, RECONSTRUCTION, RECONCILIATION ... AFTER VIOLENCE: 3R, RECONSTRUCTION, RECONCILIATION ...

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Africa when we include Mozambique, and why right now, in the 1990s? Why was the settlement after years of violence not limited to the Justice model, even imitating the Western powers in implementing victor's justice? Simple answer: impossible, because most defendants would have been from, and in, those very same Western powers. We are talking about residual colonialism and neo-colonialism, run by a local elite, supported by the West (with some opposition), and resisted, violently or not, by people marginalized by the mighty structures they tried to change. In the process atrocities were committed, particularly to protect status quo. The struggle for liberation was typically directed against infra-structure, like power supply, communication/transportation, and the struggle to preserve the status quo aimed at the "terrorists", particularly leaders, having them "disappear". And then they "won", or there was a stalemate; in Latin America, in Southern Africa. So why did patterns of reconciliation emerge in these cases? Like a plea bargain. The Reconciliation model could serve as a substitute for the Justice model, saving elites from punishment. Being stronger and less vulnerable they demanded this in return for "accepting" a truce, "granting" independence, "accepting" democracy. The brighter among them, having seen the hand-writing on the wall, knew very well that at best violence could win them a stalemate against the forces of history, and at worst a position in the darker chambers of the graveyard of history. Rather make giving in look like accepting democracy. When that same layer in the world won or could arraign their 50

enemies into court, they did not miss any chance to "bring them to justice," unless they could make a shady and secret deal with them. This was done against the Germans and Japanese after the Second world war, against East Germans after the Cold War, and against "terrorists" all the time. There is little or no talk of Model II, in any form. Had the losers won, they would probably not have made use of Model II either. Nor was the Reconciliation model originally envisaged in South Africa. It seems to have emerged as a compromise between the original ANC position--adjudication, treating political crimes like private crimes--and the regime position---amnesty for all political crimes. Given the limited capacity of the South African courts adjudication would last far into next century, and be counter-productive to reconciliation. A flat amnesty would bury the truth and give no healing to victims. Amnesty in return for truth; and forgiveness in return for apology/restitution, the apology from the perpetrators and the restitution mainly from the State. When it works. And it is far beyond the present author's competence, and also much too early, to asses to what extent it works. The TRC tribunals, with the cooperation of the media (on TV from 6-7 pm every Sunday), have roughly speaking these functions: - to give the victims a full hearing so they can communicate and share their suffering with the whole society; - to investigate what really happened, using traditional methods with special investigative teams, witnesses etc.; - expose the violators with full names etc., if the case has been proved by traditional court standards; - announcing amnesty on the condition of full confession; 51

enemies into court, they did not miss any chance to "bring them to<br />

justice," unless they could make a shady and secret deal with<br />

them. This was done against the Germans and Japanese after the<br />

Second world war, against East Germans after the Cold War, and<br />

against "terrorists" all the time. There is little or no talk of<br />

Model II, in any form. Had the losers won, they would probably<br />

not have made use of Model II either.<br />

Nor was the Reconciliation model originally envisaged in<br />

South Africa. It seems to have emerged as a compromise between<br />

the original ANC position--adjudication, treating political crimes<br />

like private crimes--and the regime position---amnesty for all<br />

political crimes. Given the limited capacity of the South African<br />

courts adjudication would last far into next century, and be<br />

counter-productive to reconciliation. A flat amnesty would bury<br />

the truth and give no healing to victims. Amnesty in return for<br />

truth; and forgiveness in return for apology/restitution, the<br />

apology from the perpetrators and the restitution mainly from the<br />

State. When it works.<br />

And it is far beyond the present author's competence, and<br />

also much too early, to asses to what extent it works. The TRC<br />

tribunals, with the cooperation of the media (on TV from 6-7 pm<br />

every Sunday), have roughly speaking these functions:<br />

- to give the victims a full hearing so they can communicate and<br />

share their suffering with the whole society;<br />

- to investigate what really happened, using traditional methods<br />

with special investigative teams, witnesses etc.;<br />

- expose the violators with full names etc., if the case has been<br />

proved by traditional court standards;<br />

- announcing amnesty on the condition of full confession;<br />

51

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