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Truth and Consequences
by Maria Tomchick
Imagine, if you will, that a commission is established to investigate the
history of U.S. government and military aggression against
Native-Americans. It takes the testimony of victims about murder, rape, and
torture committed against them and their relatives and ancestors. It traces
the pattern of forced relocations, broken treaties, and the destruction of
Native-American cultures, then recommends bringing certain politicians,
policemen, and military officers to trial. Or imagine that a group is
charged with investigating the history of slavery in the U.S. Of course, it
would never happen here--primarily because the disenfranchised remain shut
out of our political system. But something very similar to this scenario
has been happening for the last three years in South Africa, where a black
majority finally controls the political process.
On Oct. 29, South Africa's Truth and Reconciliation Commission (TRC)
released a 3,500 page, five volume report on apartheid-era human rights
abuses, the culmination of over two years of testimony from victims of both
the apartheid-era government and groups that fought against apartheid from
1960 to 1993. It immediately sparked controversy between South African
political parties and individual politicians eager to point fingers at one
another; yet, it has also brought an enormous outpouring of grief and anger
from black victims, and guilt and apologies from many white people finally
forced to confront the crimes of the whites-only rule of apartheid.
Predictably, there was almost no mention of the TRC's report here in the
U.S. press. U.S. coverage of the report focused largely on fighting within
the ANC to have the report blocked at the last minute. These same articles
often ignored the successful effort of apartheid's last president, F.W. de
Klerk, to have his name excised from the report. Likewise, the Western
press happily rehashed the charges of murder and torture brought against
members of Winnie Mandikizela-Mandela's soccer club, and called for her to
be tried for gross human rights abuses, while ignoring that former
President P.W. Botha, who presided over the worst years of apartheid-era
abuses during the 1980s, has never testified before the TRC. In fact, the
TRC took Botha to court for contempt; he was later fined $5,600 and given a
one year suspended sentence. He continues to live comfortably in retirement
in a sea-side community and refuses to answer to charges that he personally
ordered bombings, assassinations, and the pursuit of chemical and
biological warfare against the black population of South Africa (in spite
of the fact that both the former minister of police, Adriaan Vlok, and the
former head of the notorious Vlakplass death squad, Eugene de Kock--also
known as apartheid's top assassin--have said that they took orders directly
from Botha).
Other big-wigs remain unmolested, too, especially people very high up in
the military and police under the former apartheid government. For example,
former police commissioner, General Van Dar Merwe, has never come before
the commission and still lives in his mansion in north Pretoria, while men
directly under his command are in prison. This problem points to a major
flaw of the TRC: it can gather evidence, but has no enforcement powers. The
TRC uses a "carrot" approach to its mission, without an effective "stick"
to back it up; it can grant amnesty to those who voluntarily come forward
to admit guilt or testify to their crimes and the crimes of colleagues,
although amnesty is not guaranteed (so far 7,000 people have asked for
amnesty, but only 125 have received it, while over 4,500 have been
rejected--which means they can be prosecuted later for their crimes). But
the TRC itself has no specific judicial role--it can't serve as a court,
pass sentence, or impose jail time on those who are not granted amnesty or,
more importantly, those who refuse to testify.
The TRC has also been criticized for a terrible double standard: victims
who come forward to testify and tell their stories also give up their right
to prosecute their tormentors later in court. The TRC has taken testimony
from over 21,000 people, most of whom were victims of government
repression. The only satisfaction victims receive is the knowledge that
their complaints will be heard, and a tiny compensation payment of $345,
which is paid only after they've been "judged" by the commission to be
victims of political aggression.
Others critics have pointed to the limited time period for the
investigation (1960 to 1993), arguing that white supremacy in South Africa
became institutionalized well over 100 years ago. 1960 was chosen as a
starting point because that's the year when the African National Congress
(ANC) began its armed struggle against the apartheid government.
These criticisms are valid and may lead to more strife down the road, but
the TRC has nevertheless filled an important and historic role--one that's
been unrivaled anywhere else in the world, except perhaps for the Nuremberg
trials after World War II, and current efforts (as yet unsuccessful) to
bring Bosnian and Rwandan war criminals to justice.
While ANC leaders, Zulu nationalists, and former apartheid-era politicians
squabble over whose crime is really the worst, many ordinary South
Africans--including whites--have expressed genuine grief, anger, dismay,
and real contrition over the brutalities of the former government. Two
years of daily testimony about rape, murder, dismemberment, inhuman
tortures, the loss of family members, the destruction of homes, the
assassination of political dissident in exile, and many other crimes has
combined with mountains of testimony from perpetrators among the ranks of
police, military, intelligence agents, covert death squads, former cabinet
ministers, and the media to show the real nature of this historical
atrocity. The evidence is overwhelming and there's no escaping its obvious
conclusion: the violence was institutional--ingrained in the system--and
everyone who supported the government or who simply chose to be apathetic
and not fight against it also supported that violence.
This can be seen in the sweeping conclusions of the report itself, which
gives findings on nearly every aspect of the apartheid regime. On religion:
South African Christianity "promoted the ideology of apartheid in a range
of different ways that included Biblical and theological teaching." On the
court system: "The judiciary and the magistracy as well as the ... legal
profession were locked into an overwhelmingly passive mindset..." On
business: "The business sector failed ... to take responsibility for its
involvement in state security initiatives ... specifically designed to
sustain apartheid rule." On the English language media: it "often adopted a
policy of appeasement toward the state, ensuring a large measure of
self-censorship." On the Afrikaans language media: "with rare exceptions
chose to provide direct support for apartheid and the activities of the
security forces, many of which led directly to gross violations of human
rights." If only we could subject our own institutions to the same
scrutiny.
The report delves deeply into the specifics of police beatings, soldiers
shooting at peaceful demonstrators, suspects jailed for months without
trial, civilians killed by the ANC, the black-on-black violence of the
Inkatha Freedom Party, and the words and actions of apartheid's main
participants on all sides. It also includes bits and pieces about foreign
governments assisting the apartheid government. It's an unrivaled
historical archive of information; and it's just the sort of collective
memory that the Western media regularly shuns.
The Truth and Reconciliation Commission's report can be viewed and
downloaded from the TRC's homepage at: www.truth.org.za. Their home page
also contains reports from the TRC's Amnesty Committee, Human Rights
Committee, and transcripts of public debates, as well as South African
media coverage of the commission's work. To order a print copy of the five
volume report, contact: Bonita Solomons, Juta & Company Ltd.,
011-27-21-797-5111 (phone), or 011-27-21-761-5861 (fax) and refer to ISBN
number 0620230789. The print copy costs 750 rand (about $130 U.S.), plus
postage and handling.
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