TRC Final Report

Volume 5

Chapter 4

Volume FIVE Chapter FOUR

Consequences of GrossViolations of Human Rights

■ CONSEQUENCES OF GROSS HUMAN RIGHTS VIOLATIONS ON PEOPLE’S LIVES

1 The apartheid system was maintained through repressive means, depriving the majority of South Africans of the most basic human rights, including civil, political, social and economic rights. Its legacy is a society in which vast numbers of people suffer from pervasive poverty and lack of opportunities. Moreover, those who were directly engaged in the armed conflict (whether on the side of the state or of the liberation movements) suffered particular kinds of consequences.

2 The consequences of repression and resistance include the physical toll taken by torture and other forms of severe ill treatment. The psychological effects are multiple and are amplified by the other stresses of living in a deprived society. Hence, lingering physical, psychological, economic and social effects are felt in all corners of South African society. The implications of this extend beyond the individual - to the family, the community and the nation.

3 When considering the consequences of gross human rights violations on people’s lives, it is hard to differentiate between the consequences of overt physical and psychological abuses and the overall effects of apartheid itself. This makes it difficult to make causal links or to assume that violations are the result of a particular experience of hardship. In many instances, however, violations undoubtedly played the most significant role as, for example, when a breadwinner was killed or when the violation caused physical disabilities, affecting individual and family incomes.

4 It must also be remembered that human rights violations affect many more people than simply their direct victims. Family members, communities and societies themselves were all adversely affected. Moreover, the South African conflict had effects far beyond those who were activists or agents of the state; many victims who approached the Commission were simply going about their daily business when they were caught in the crossfire. Human rights violations can also trigger a cascade of psychological, physical and interpersonal problems for victims that, in their turn, influence the functioning of the surrounding social system.

5 This chapter addresses some of the consequences of gross human rights violations that were reported to the Commission. It attempts to report on the patterns and trends in relation to psychological effects, physical consequences and how these have affected families and communities in South Africa. In order to obtain a full picture, it should be read in combination with the chapters on Children and Youth and Women.

■ METHODOLOGY

6 Numerous sources were used in compiling this chapter, including national and international literature, testimony presented at various hearings of the Commission, statements, interviews with statement takers and briefers and input from Commissioners and staff.

Use of statistics

7 Statistics cited were generated from statements made to the Commission. Out of a total of some 21 300 statements, 2 000 were selected as a sample, proportionally weighted according to region. The sample was randomly selected and focused on the consequences of the violation(s), as perceived by deponents, as well as on expectations of the Commission.¹

8 It must be borne in mind that information generated from the sample reflects the consequences and expectations as expressed in the entire statement of the deponent and that the majority of statements do not reflect the experience of one individual only. Often deponents referred to a violation of a person or persons other than or in addition to themselves - for example, other family members, comrades and friends. A deponent might, for instance, refer to the death of her son, but highlight the consequences for her grandchild’s education, her daughter’s emotional state and her own financial situation. This reflects the communal consequences of gross human rights violations and the ripple effects they have on families and communities.

Questionnaire bias

9 Another factor that needs to be taken into account is that of statement taker and questionnaire bias. In the ‘expectations’ section of the questionnaire in particular, suggestions were included to guide the deponent. These suggestions included items such as peace parks, memorials, medals and other similar forms of reparation. However, although often guided by these requests, deponents also listed individual or family needs. An example of this is reflected in the statement by Mr Buzifa Mbambo who requested “housing, employment, clinics and treatment for my elbow.”