Establishing a Formal Truth Commission to Investigate and Acknowledge Gross Human Rights Violations

The South African Truth and Reconciliation Commission (TRC) was initiated by national legislation in 1995, after a period of public debate. Its mandate was to collect information about gross human rights violations committed by state bodies or the armed opposition during apartheid and its goal was to promote national unity and reconcili­ation. The Commission was expected to offer suggestions for policy reforms to prevent future abuses. In addition to amnesty and human rights hearings, special hearings focused on abuses suffered by women and children, and others were held on the role of faith communities, the medical establishment, the legal sector, the business com­munity and other institutions that had passively or actively contributed to rights violations. Hearings were held all around the country and the broadcast media carried clips and live coverage. All media covered the TRC exten­sively through the duration of the Commission.

Supportive Process for Victims and Amnesty

Twenty thousand victims provided testimony. To make the process as comfortable for victims as possible, the TRC used briefers (also an interesting tactic), who were chosen from the caring professions — ministers, social workers, and nurses, among others — and offered support to the victims before, during and after the process. The briefers received extensive training on the process and the structure of the Commission.

One unique aspect of the Commission’s mandate was a conditional amnesty for perpetrators of human rights violations willing to publicly admit the details of their actions. Criteria for amnesty included full disclosure of the crimes as well as a determination that the acts were politically motivated. This conditional amnesty was a policy not attempted in previous truth commissions of this magnitude and it resulted in public confessions detailing many of the most notorious crimes of the apartheid era, including the 1977 murder of activist Steven Biko. Am­nesty was not guaranteed for those who provided testimony, though steps for prosecution of those who were not granted amnesty or did not come forward to testify have not been implemented.

Truth Commission’s Impact and Ongoing Challenges

The Truth and Reconciliation Commission Report was released in seven volumes between 1998 and 2002. Though its long-term impact remains to be seen, some of the report’s immediate achievements include recom­mendations on how to prevent future violations, which have influenced the new government, and the collection of indisputable documentation of human rights abuses during the apartheid era. It is important to note that the TRC has not fulfilled all of its expectations. None of the abusers who refused to testify have yet been prosecuted, although the process allows for this, and the country continues to struggle with the issue of reparations.

For information on the “victim accompaniment” tactic within the context of the South African TRC, read our in-depth case study.

What we can learn from this Tactic:

This tactic emphasizes the power of personal stories in the fight to affect change. It taps into the power of reading the words of real people experiencing the abuse. They write in their own words and handwriting. From the impacts of this tactic, we learn that success can come when individuals get involved. This engaged individuals to take interest in advocating for local and state policy.
New Tactics in Human Rights does not advocate for or endorse specific tactics, policies or issues.

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