Microsoft word - national reparations dialogue conference report.doc

Member Organisations: Centre for the Study of Violence & SOUTH AFRICAN
Reconciliation (CSVR), Human Rights Media Centre (HRMC), COALITION FOR
Institute for Justice & Reconciliation (IJR), Khulumani Support TRANSITIONAL
Group (KSG), South African History Archives (SAHA), Trauma
Centre for Survivors of Violence and Torture.
National Dialogue on Reparations: A Critical Tool in Dealing with our Past and Building our Future South African Coalition for Transnational Justice Reparations Dialogue Report 2012
Day 1: Opening Public Event ………………………………………………………………… 3
Day 2: Listening………………………………………………………………………………………3
The TRC: A ‘Fatally Flawed Springboard’ for Building an Inclusive Society………………………3 Nelson Mandela Foundation (NMF)………………………………………………………………….4 International Crisis Group…………………………………………………………………………………4 The State and Reparations………………………………………………………………………………………….5 Department of Justice and Constitutional Development………………………………………5 Department of Economic Development………………………………………………………………6 Day 3: Reflecting and Responding………………………………………………………….7
Reflections by Coalition members………………………………………………………………………………. 7 Speaking to specific gaps in the TRC: ……………………………………………………………………………9 Banishment and Reparations…………………………………………………………………………….9 Women and the TRC…………………………………………………………………………………………10 Combatants and post- TRC Justice…………………………………………………………………….10 Enforced Disappearances…………………………………………………………………………………. 11 Workers Struggles for Redress and Justice……………………………………………………….11 Conclusion…………………………………………………………………………………………………………………12 Appendix 1: Q & A Department of Justice and Constitutional Development……………………12 Appendix 2: Q & A Department of Economic Development……………………………………………14 Appendix 3: Survivors’ Testimonies…………………………………………………………………………….15 South African Coalition for Transnational Justice Reparations Dialogue Report 2012
Day 1: Opening Public Event
The event was opened by Foundation for Human Rights Board Member Ms Yasmin Sooka. In her opening address, Ms Sooka spoke about the importance of the conference especially since victims have been waiting for a long time for reparations. She called it a “struggle for acknowledgement of responsibility.” She further alluded that it hasn’t been easy for victims to move on as they are still trapped in governments’ failure to adequately address reparations. She called on Government to acknowledge the significance of reparations for the country to heal. Guest Speaker, Professor Shadrack Gutto echoed Ms Sooka’s message. As the Director at the Institute for African Renaissance Studies at UNISA, he spoke about the importance of finding “African” solutions to reparations in South Africa. According to Professor Gutto, reparations are an important factor in building a just society. Governments’ evasion of reparations in this country has made it difficult for people to move forward. Reparations should be regarded as rights and not privileges. In this deeply wounded society, the government has to now go beyond the TRC for this to be a cohesive society. Later in the evening, there was a premiere screening of “We never give up Part II” produced by the Human Rights Media Centre. Day 2: Listening
Session 1: The TRC: A ‘Fatally Flawed Springboard’ for Building an Inclusive Society
Both speakers from the Nelson Mandela Foundation and from the International Crisis Group spoke about the limitations of the TRC process. They both went on to provide recommendations and how to address these limitations through increased advocacy. South African Coalition for Transnational Justice Reparations Dialogue Report 2012
Sello Hatang- Nelson Mandela Foundation
The TRC failed to meet peoples’ expectations and issues such as rural land distribution and employment equity haven’t been met. The TRC instead concentrated on gross human rights violations. Additionally, there was lack of consultation at public hearings. Since the closure of the TRC government has failed to communicate recommendations and access to TRC records has been restricted. The TRC’s focus was on Reparations and Prosecutions. Despite this focus, there has been no success in trying to come to terms with our past especially as we are living in a largely damaged society with increasing inequality, rampant corruption, poor service delivery and illiteracy. The question is how do we compensate the victims in exchange of what they suffered? We have to go back the recommendations made by the TRC so that we can rebuild confidence and in the process help rebuild social cohesion. 1.2 Piers Pigou- International Crisis Group
The recommendations of 1995 clearly outlined a range of issues and yet most South Africans haven’t seen the report, its findings and recommendations. Instead the report was produced in German. Added to this, the Truth Commission archives are not readily available. In an attempt to seek redress for issues around the TRC, CSO’s haven’t been very effective. There has been a failure by CSO’s to actively engage beyond the legal strategy. There has to be a clearer strategy if CSO’s are to get to policy makers. The main TRC limitations were:  The commission created a narrow criteria for what was considered criminal and political - For example with policing issues, there was a focus on political detainees and not criminals  Crime was politicized – The commission didn’t reflect the realities of conflicts on the ground. For examples police officers well-known for torture in Rustenburg didn’t apply for amnesty. And because they didn’t, they got off scott-free  The commission didn’t reach all parts of the country  The TRC didn’t have the capacity to make follow-ups on certain issues Recommendations for effective Coalition advocacy  The Coalition has to navigate what it’s doing in the current context. Its concerns should be tied in to current societal deficits such as corruption. South African Coalition for Transnational Justice Reparations Dialogue Report 2012
 There’s need to strengthen the Coalition’s engagement with the trade unions as has been the case with the Right to Know campaign which has been very effective  An effective media and communications plan needs to be integrated into the Coalition’s overall strategy so that everyone in the country can begin to understand the issues Session 2: The State and Reparations
Two speakers; from the Department of Justice & Constitutional Development and from the Department of Economic Development were able to give their views on the process as well as report on progress that has been made so far. 2.1 Dr Khotso de Wee- COO, Department of Justice
Reparations are not exclusively government’s responsibility. The TRC was not an end in itself; it was a platform for further engagement. Progress has been made by the post-TRC unit in the 4 categories that were recommended: Final Reparations: Of the 21,769 people who were declared victims by the TRC,
16,827 were located. The unit has a challenge in locating the outstanding
beneficiaries. The unit has engaged in door to door service especially in Western
Cape and Kwa Zulu Natal
Exhumations and Reburials: The NPA unit has been actively involved in resolving
cases of those who disappeared between 1960 and 1994
Community Reparations: 18 communities have been ear marked for this. The
selection criterion is based on the number of incidents, nature of incidents, levels of
poverty and rural/urban base. These reparations will take the form of infrastructure
rehabilitation
Social service provisions: These recommendations will be implemented by March
2013:
 Education: The Unit is looking at paying school and uniform fees for
grades 0-12. The Unit is also looking at paying tuition fees, transport and boarding for higher education candidates  Medical: Free physical and mental services will be provided for all
identified victims at all government hospitals  Housing: An analysis is needed as some victims have already received
South African Coalition for Transnational Justice Reparations Dialogue Report 2012
Despite this progress, the department continues to face the following challenges in administering its work:  Bureaucracy at the department has slowed down the implementation of some of the  There is a shortage of resources, and the money allocated (R1.1bn) will not be enough to achieve all the plans. The private sector will be approached after the plans have been finalized: The R1.1 bn remaining in the President’s Fund has been allocated as follows by the DoJ (without the participation of Khulumani Support Gorup or its partners in the SACTJ): o R15m to be allocated for tracing agency work to find 259 TRC-identified victims who have not yet been traced. THis means that the DoJ plans to spend R58,000.00 per ‘missing victim’ to provide them with R30,000.00 once-off. o R35m will be spent on reburials (given that the MPTT reports that this budget des not support their work on exhumations that is funded from an annual DoJ allocation of R1m per annum) This also takes no account of the database of 6,800 cases of apartheid enforced disappearance that have been tabled with Khulumani Support Group o R500m on community rehabilitation. It was announced that the TRC Unit has identified 18 townships, 2 per province, whose municipalities will receive these funds (dedicated for the rehabilitation work of victims and survivors) directly. There has been no consultation with Khulumani Support Group to that has mapped where the major incidences of violations took place. It is critical that Khulumani be involved in these decisions with SACTJ members given the years of information collection and advocacy conducted by Khulumani to ensure that the funds dedicated for victim rehabilitation reach the most needy communities. There is great fear that these fund can disappear within the incompetencies of local government and become a source of patronage.  The open vs closed list: The unit has a limited mandate to address the closed list only. They however do agree that over 150,000 people were excluded from the list but to open the list will be a political process. They want to concentrate on finishing issues on the open list now and stated that it’s a work in progress. The unit appreciated the work that Khulumani is doing, “the continued protests bring a sense of reality to the department.” South African Coalition for Transnational Justice Reparations Dialogue Report 2012
2.2 Professor Hlengiwe Mkhize - Deputy Minister, Department of Economic
Development
We should avoid presenting the TRC as a failed process. We must contextualize it in a time that South Africa was almost shutting down due to rampant violence. The process had numerous challenges:  The TRC was aimed assisting the country understand the effects of the apartheid  Reparations were seen as a gesture in restoring peoples’ dignity and there was no agreement on the forms that it would take  The TRC was there to make recommendations  Parliament made mistakes in analyzing the report, e.g. it was recommended that the reparations office be at The Presidency because one department can’t have influence in mandate but this recommendation was rejected.  There were some institutional transformation challenges as well. There had to be change in the recruitment of police so that they can value human life as well having an independent judiciary  Caution needed to be exercised in the transitional justice process to avoid re-  The closed list came about because of fear of not wanting government spending time on investigations to ensure validity The Deputy-Minister conceded that a lot more can be done to sort some of the problems. Parliamentarians missed out at implementations level and Government lost sight of the broader agenda. Going forward, there should have been a common understanding between victims and government. It’s a shame and disgraceful that old people are dying without reparations. Unfortunately, the CC Rome Statute came post investigation period and therefore perpetrators cannot be held accountable to it. She went on to recommend that there should be a vigorous social movement to hold each other accountable according to the values entrenched in the constitution. She also urged that we should also increase community leaders’ knowledge of these issues. As we do this, victims’ voices shouldn’t disappear. South African Coalition for Transnational Justice Reparations Dialogue Report 2012
2.3 Day 2 Review
In his review of Day 2, Reverend Paul Verryn noted that following presentations by the DOJ, reparations were not a Government priority. The Coalition needs to spread its networks to other CSO’s. The Coalition should also try sending all reports from the DOJ to parliament. We also need further engagement with the Deputy Minister to get these issues to the President. DAY 3: REFLECTING AND RESPONDING
Session 1: Reflection in critical issues by SACTJ members
Advocate Howard Varney- ICTJ
Adv Varney had a lot of questions, responses and messages to Government following presentations made the previous day. 1. When Government says they are doing a lot for victims and family especially with regards to social services isn’t the government mandated to do so anyway? If there
hadn’t been violations, would the government have held back these services?
Message to Government: Those statistics about the social services being provided
don’t count, we are not interested in them, they are not reparations.
2. The legal officer said that what they are doing in grounded in policy and laws. Which acts, which policy? Why didn’t the DOJ want to discuss the law during the dialogue?
Don’t they want the people to know the law? Do they think people will not
understand? The coalition is awaiting responses from the DOJ about the objections
that were put on the table. When will the answers be provided because the DOJ has
been deliberating for a long time now? The bulk of the victims were active in the
1960’s, 70’s and 80’s. They are now getting old. How long do they have to wait?
Message to Government: The DOJ needs to release those outcomes soon
3. Dr De Wee made a bold statement that we are with you and that if he had the mandate, he would include everyone in the closed list. If they are with us, why aren’t they lobbying for parliament to challenge issues? What are they doing to change the law? South African Coalition for Transnational Justice Reparations Dialogue Report 2012
4. The closed list applies to people who made statements to the TRC before 15th December 1997. The closed list is morally repugnant and legally unsustainable. Dr De Wee also invited us to go to court to challenge this. Why are we invited to going to court? Shouldn’t we be trying to work out something around the table? Why do we always have to litigate? The Cradock 4 still have no justice, The NPA outcome on this is still being awaited. Instead the government amended the prosecutions act. The Political Pardons process sucked and monsters such as Vlok were given opportunities to apply for pardons. This was done without victim consultation. Is the Department of Justice for victims? Adv Varney went on to list objections against the closed list:  No meaningful consultation was undertaken by the DOJ. There should have been engagement with partners interested in these issues to allow for open debate  Excluding people is inconsistent with the truth and reconciliation act which recognized 18,000 victims. Are there only 18,000 victims of apartheid? The Coalition is asking for inclusion in the closed list.  What is so special about the magical date 15 December? Why did they choose this date? Did they give an ultimatum to victims?  Where in the act is the closed policy written. It violates the spirit of the constitution which promotes ubuntu and humanness  Closed list policy and Bill of Rights o It discriminates against victims especially those who went before the o What was the purpose of the discrimination? Is this list connected to a bigger government purpose? Is it a legitimate purpose such as limited funds? If so poor countries are doing much better than us such as Sierra Leone o It discriminates against victims and those more deserving such as military veterans, sec 5 on benefits of military veterans as in the MVA Act 2011.  Why are MVA getting these benefits when other victims (e.g detained, tortured) are not given the same  Why is there unfair treatment  Are victims only those in uniforms or who carried a fire arm. Don’t victims have the same human worth? o The United Nations Declaration of Human Rights interconnect on civil and political rights. Articles 8 and 11 guaranteed an effective remedy for victims South African Coalition for Transnational Justice Reparations Dialogue Report 2012
Session 2: Speaking to specific TRC gaps
1. Mampuru Segopotje - Banishment and Reparations
Mrs Seopotje’s husband was banished from Sekhukhuneland in Limpopo to King Williamstown in the Eastern Cape. Her husband was arrested by 3 policemen who brutally beat him up. He was in hospital for 2 days, on the third day they fetched him and he was ordered to leave and driven to King Williams Town. After her husband was taken away, they took her and her children and drove for 3 days without food or water. When they arrived in King Williamstown, she found her husband in a remote village where he was left for dead. After many months of tending and taking care of him, he recuperated and started work where he was forced to labour for R3 a day. He experienced ill health due to the beatings he had sustained and in the process developed cancer. He died there and left her with 3 children. It was very difficult for her to take care of her children. She didn’t manage to go the TRC. The TRC did not consider banishment within its mandates. 2. Judy Seidman- Women and the TRC
The TRC failed women especially that most women were raped during the apartheid era. The presentation is based on the research by Judy Seidman’s work in the Vaal area. Most of the women’s stories never made the TRC. Only 9 out of 9000 cases of rape were recorded. The reasons given are:  Women were not viewed as political activists. They were just mothers, wives etc.  77% of these talked about their families  Only 11% of women talked about what had happened to them. This is in contrast to  Few perpetrators would agree to raping because of fear of persecution Rape was used as a weapon to suppress communities and most women haven’t been given the opportunity to talk about what happened to them. Women need to be allowed to tell their stories especially with other women. Additionally, no medical care was given after permanent damage that most women suffered. Most women are still walking around with the effects of their rape. South African Coalition for Transnational Justice Reparations Dialogue Report 2012
3. Itumeleng Mekgwe - Combatants and post-TRC Justice
Combatants especially those who fought under the Azanian People's Liberation Army (APLA) have encountered difficulties post-apartheid era. They have been deliberately excluded from society because of their background. This is despite the many years that they sacrificed for the country. Economically, it has been difficult for them to be integrated into the labour market. Most employers have deliberately avoided hiring them. As a result, most of them have spent over 16 years outside economic mainstream. The lack of income has resulted in some of them getting involved in criminal activities because they are well trained in the use of high caliber weapons. Mr Mekgwe stated the most common crimes committed are cash in transit heists. Another challenge is that because some of them were intensely involved in the military struggle. They didn’t have an opportunity to go to school. As such most don’t have tertiary qualifications. He recommended that the Government should make use of them to address some of the challenges affecting the youth. Socially, there have been deliberations at municipal level to identify effective ways of re-integration but there has been very little progress. He however praised the City of Tshwane which has achieved some success by providing houses for some of the combatants. It has been difficult to survive because the houses don’t have full services such as running water and electricity. He called upon policy makers to waiver the age and education criteria which is an impediment for most combatants in accessing services. Combatants would also want a platform to further engage Government about their challenges but they do not have adequate resources to do so. 4. Elizabeth Mokoena- Enforced Disappearances
Elzabeth Mokoena’s husband disappeared during the political unrest in the 1990’s. Since
his disappearance, she has been relentlessly looking for him. In an effort to help other
women in similar positions as her, she helped solve the disappearance of Mr Buti
Mqakelana. On 2 July 1992, Mr Buti Solomon Mqakelana, a resident of Zone 12 Extension in
Sebokeng, left home to attend the funeral of the victims of the Boipatong Massacre and he
was never seen again after that. His wife didn’t report his disappearance to the TRC and
therefore, his case wasn’t prioritised by the Missing Person’s Task Team of the National
Prosecuting Authority. With the assistance of Hillbrow Police Station investigators, Mrs
Mokoena traced Mr Mqakelana body. The Hillbrow police investigators informed the family
South African Coalition for Transnational Justice Reparations Dialogue Report 2012
that Mr Mqakelana was found with stab wounds alongside the railway line at Langlaagte
Station. The investigator then told the family that he had discovered that Mr Mqakelana’s
body had been taken to the crematorium in the Braamfontein Cemetery where it had been
cremated. In October, his family was taken to where his ashes were scattered.
5. Lenning Makhiwane- Workers Struggles for Redress and Justice
His presentation focused on the Sasolburg strike of 1987. During the industrial unrest, 2400 workers were dismissed. 77 workers were killed for requesting a R100 increment. Not a cent was paid out to the dismissed workers and they were forcibly evicted from their houses. The pleas of the workers have fallen on deaf ears as no one has bothered listening to them. Only four people went to the TRC. The actions of that year have had dire social-economic implications. Most of the former workers have been unable to engage in formal employment. This has also led to the led the erosion of families as most women have left their husbands for greener pastures thereby increasing the rates of divorce. Conclusion
The closing remarks made by Dr Marjorie Jobson, National Director of Khulumani Support Group mapped a way forward. She stated that government can no longer continue to ignore reparation issues. She also called upon the need to plan for a more comprehensive strategy taking into account recommendations that were provided during the conference. She further explained that the plan is to present the outcome of the meetings to parliament. The comprehensive strategy should include: changing the reparations agenda at community level and identifying a reparations task team members in provinces. APPENDIX 1: Department of Justice Q & A Session
Howard Varney- ICTJ
Question: Why can’t the department open the list and have an ongoing process as seen in
other post conflict societies
Answer: The department doesn’t refuse to help anyone who qualifies as a victim. However,
the department isn’t legally empowered to do so
South African Coalition for Transnational Justice Reparations Dialogue Report 2012
Question: What is the DOJ mandate on the closed list? Is it legally stated or is grounded in
policy?
Answer: It is just government policy. However the coalition can influence government
through parliament to reconsider this. Ina Botha further added that the TRC act restricts to
victims declared during the process. The President is the final authority to decide on the
issue.
Paul Modise- Khulumani Free State
Question: If Khulumani can have offices in all provinces, why doesn’t the TRC have?
Answer: There is no need for regional offices. The TRC unit can be found at DOJ regional
offices.
Amanda Mabilisa - Khulumani Mpumalanga
Question: How long will government leaders continue to forget where they come from?
Answer: The unit works within the closed list manadate.
Phindile Ncgingolo - Khulumani Eastern Cape
Question: In Cradock, commissioners advised one person to testfy in group incidents and
that one person was the only recipient of reparations.
Answer: Respondent was advised to contact the nearest TRC regional office with this
information
Question: Why are community reparations on set for Gauteng?
Answer: There are 18 communities across the country have been identified such as Bisho,
Welkom, Mmabatho, Nelspruit etc
Dick Mokoena- Khulumani Sebokeng
Question: Give details of CODESA
Answer: For information about CODESA 1 and 2 send a PAIA request
South African Coalition for Transnational Justice Reparations Dialogue Report 2012
Selloane Phetane- Khulumani Sharpville
Question: We only received 30,000 once off. What happened to the 26,000 per year as we
were promised?
Answer: The department has very few resources. We are doing the best we can within our
means.
Xola Tyamzashe - APLAMVA
Question: How long will government criminalize the struggle? When will the perpetrators
face the ICC? There are 38 former APLA members still in prison.
Answer: Give us a list of all the members still in prison.
East Rand
Question: As a victim of the Germiston bombings, when will I be allowed to tell my story?
Answer: The department does not refuse to help anyone that qualifies as a victim. It has a
mandate to operate within the legal boundaries.
APPENDIX 2: Department of Economic Development Q & A Session
Eric Manzi- Khulumani Aliwal North, Eastern Cape
Question: The process was flawed because no third party was allowed to assist the
illiterate or ill. Also if you were mentioned by someone, you were not given an opportunity
to testify
Answer: This is a very broad issue that we need to address and hopefully come up with
solutions for. One of the reasons we have these gaps is that there was no dispute
mechanism thought of when we were planning this. We need to build a case against gaps
identified.
Gloria- Khulumani East Rand
Question: In Katlehong, we were not given a chance to testify. We will never vote for the
ANC.
Answer: Discipline and respect are fundamental in human rights struggles. Let’s raise
issues in a dignified manner. Let’s also try and keep the memory of the past and restore
dignity of survivors.
South African Coalition for Transnational Justice Reparations Dialogue Report 2012
Nomurussia Bonase - Khulumani East Rand
Question: We are happy you are here to help us map a way forward. Reparations are not a
priority for community leaders so it’s difficult to engage them
Answer: Noted. Continue to educate the leaders and talking about reparations
Sindiswa Nunu - Khulumani Western Cape
Question: Which is the right door to knock at?
Answer: Khulumani was set up by Human Rights activists to defend the amnesty clause.
Commissioners were not comfortable with this clause. As Khulumani you have many
friends on your side.
Nomonde- Khulumani Eastern Cape
Question: Please take our grievances and discuss them with government.
Answer: Noted. We are your friends.
Thenjiwe- Kwa Zulu Natal
Question: How does someone’s name appear in the interim and not in the final list?
Appendix 3: Survivors’ Testimonies
To be added once the small group of panelists determines how to handle the testimonies that were lodged. South African Coalition for Transnational Justice Reparations Dialogue Report 2012

Source: http://www.fhr.org.za/files/3013/8122/6820/Dialogue_on_Reparations.pdf