TRC Final Report

Volume 5

Chapter 5

Subsection 3

■ WHAT CONSTITUTES REPARATION AND REHABILITATION

23 Section 1(1) (xiv) of the Act defines reparation as including: “any form of compensation, ex gratia payment, restitution, rehabilitation or recognition.”

24 The proposed reparation and rehabilitation policy has five components:

Urgent Interim Reparation

25 Urgent interim reparation is assistance for people in urgent need, to provide them with access to appropriate services and facilities. It is recommended that limited financial resources be made available to facilitate this access.

Individual Reparation Grants

26 This is an individual financial grant scheme. It is recommended that each victim of a gross human rights violation receive a financial grant, according to various criteria, paid over a period of six years.

Symbolic reparation/legal and administrative measures

27 Symbolic reparation encompasses measures to facilitate the communal process of remembering and commemorating the pain and victories of the past.

28 Amongst other measures, symbolic reparation should entail identifying a national day of remembrance and reconciliation, erection of memorials and monuments, and the development of museums.

29 Legal and administrative measures will also be proposed to assist individuals to obtain death certificates, expedite outstanding legal matters and expunge criminal records.

Community rehabilitation programmes

30 The Commission consulted with relevant government ministries in preparing its proposals for the establishment of community-based services and activities, aimed at promoting the healing and recovery of individuals and communities that have been affected by human rights violations.

31 During the life of the Commission, a number of victims were referred to the relevant government departments for assistance. It is recommended that this process continue after the Commission closes.

Institutional reform

32 These proposals include legal, administrative and institutional measures designed to prevent the recurrence of human rights abuses.

■ WHO IS ENTITLED TO REPARATION AND REHABILITATION?

33 It is recommended that the recipients of urgent interim reparation and individual reparation grants should be victims as found by the Commission, as well as their relatives and dependants who are found to be in urgent need, after the consideration of a completed prescribed application form, according to the proposed urgency criteria.

34 For the purposes of this policy, the Reparation and Rehabilitation Committee (chapter 1 of the Act) defines relatives and dependants of a victim as:

a parents (or those who acted/act in place of a parent);

b spouse (according to customary, common, religious or indigenous law);

c children (either in or out of wedlock or adopted);

d someone the victim has/had a customary or legal duty to support.

35 It should be noted that, if the victim died as the result of the violation, the definition of relatives and dependants will apply to the situation at the time of the victim’s death. If the victim is alive, the definition will apply to the situation as at 14 December 1997.