Truth and Reconciliation

We ended last week thinking about how to account for past harms, considering the topic of reparations. More broadly, we have been grappling with how we respond to voice, whether through punitive/carceral regimes, or by other means. This week, we’ll extend this consideration by looking one approach to justice in the wake of conflict, human rights abuses, or long-term violence. Specifically, we’ll look justice as administered through Truth and Reconciliation Commissions (TRC)–a model of justice made famous in post-apartheid South Africa (seen in picture below). Truth and Reconciliation Commissions have the goal of uncovering wrong-doing (often through public testimony) in order to better understand the source of violence and in hopes of resolving conflicts of the past. In some cases, perpetrators may be granted amnesty from prosecution for their crimes through their participation in the TRC.

In the years since South Africa’s TRC, many countries (and even communities) have adopted truth and reconciliation as an alternative to retributive justice. For example, East Timor, Liberia, Congo, and Sierra Leone, Rwanda have all had versions of truth and reconciliation after war/genocide as a component of peace processes. Chile used a TRC addressed those who died or went missing under Augusto Pinochet’s rule, Germany held two truth commissions on human rights violations in former East Germany, Canada’s truth commission focused on legacies of settler colonialism on indigenous communities, and even Greensboro, North Carolina has used the TRC processed to address violence of the Ku Klux Klan.

In class, we’ll further discuss the model of justice TRCs offer. Specifically, we may draw links to our discussion of the US criminal justice system, by thinking about how this model of justice moves away from retributive justice (which seeks to punish for the violation of law) toward restorative justice (which seeks to address the needs of victims and offer a degree of restoration). Carolyn Boyes-Watson (2014) from Suffolk University defines restorative justice as:

…a growing social movement to institutionalize peaceful approaches to harm, problem-solving and violations of legal and human rights. These range from international peacemaking tribunals such as the South Africa Truth and Reconciliation Commission to innovations within the criminal and juvenile justice systems, schools, social services and communities. Rather than privileging the law, professionals and the state, restorative resolutions engage those who are harmed, wrongdoers and their affected communities in search of solutions that promote repair, reconciliation and the rebuilding of relationships. Restorative justice seeks to build partnerships to reestablish mutual responsibility for constructive responses to wrongdoing within our communities. Restorative approaches seek a balanced approach to the needs of the victim, wrongdoer and community through processes that preserve the safety and dignity of all.”^[5]

As you read and watch the videos about the TRC in South Africa, think about this restorative approach to justice and reconciliation. What are the benefits of this model of justice? What are the limitations?

Assigned Materials

[Item 1] “Miracle Rising: South Africa” The History Channel. **While you may, of course, watch as much of this documentary as you want, I only ask that you watch until 13:10. Content warning: the video describes the murder of multiple South African activists.***

[Item 2] “Desmond Tutu and the TRC” BBC

[Item 3] Llewellyn, Jennifer and Robert Howse. (1999). Institutions for Restorative Justice: The South African Truth and Reconciliation Commission. The University of Toronto Law Journal. ***I’m only asking you to read the section from pages 355-365, which offers an overview of the TRC process (including a discussion of this mode of restorative justice in contrast to other retributive forms of justice). ***

Prompt

Spend 10-15 minutes reflecting on this model of justice. What are your reactions to it? What are the benefits and limitations? What ideas or questions would you like the talk about more?

Powerpoint

Powerpoint