TRC Final Report

Volume 5

Chapter 8

Subsection 3

■ ACCOUNTABILITY

WHERE AMNESTY HAS NOT BEEN SOUGHT OR HAS BEEN DENIED, PROSECUTION SHOULD BE CONSIDERED WHERE EVIDENCE EXISTS THAT AN INDIVIDUAL HAS COMMITTED A GROSS HUMAN RIGHTS VIOLATION. IN THIS REGARD, THE COMMISSION WILL MAKE AVAILABLE TO THE APPROPRIATE AUTHORITIES INFORMATION IN ITS POSSESSION CONCERNING SERIOUS ALLEGATIONS AGAINST INDIVIDUALS (EXCLUDING PRIVILEGED INFORMATION SUCH AS THAT CONTAINED IN AMNESTY APPLICATIONS). CONSIDERATION MUST BE GIVEN TO IMPOSING A TIME LIMIT ON SUCH PROSECUTIONS.

ATTORNEYS-GENERAL MUST PAY RIGOROUS ATTENTION TO THE PROSECUTION OF MEMBERS OF THE SOUTH AFRICAN POLICE SERVICE (SAPS) WHO ARE FOUND TO HAVE ASSAULTED, TORTURED AND/OR KILLED PERSONS IN THEIR CARE.

IN ORDER TO AVOID A CULTURE OF IMPUNITY AND TO ENTRENCH THE RULE OF LAW, THE GRANTING OF GENERAL AMNESTY IN WHATEVER GUISE SHOULD BE RESISTED.

■ HEALING AND REHABILITATION

15 Recognising that victims and perpetrators alike need healing, the Commission recommends that all possible steps be taken to achieve this:

SEVERAL NON-GOVERNMENTAL ORGANISATIONS (NGOS) EXIST TO ASSIST VICTIMS AND SURVIVORS, AND THESE SHOULD BE ENCOURAGED AND HELPED TO EXTEND THEIR SERVICES AND SHARE THEIR SKILLS AND KNOWLEDGE.

CLINICS AND APPROPRIATE SERVICES SHOULD BE ESTABLISHED TO FACILITATE THE REHABILITATION OF PERPETRATORS. SUCH CLINICS WOULD ASSESS THE NEED FOR PSYCHIATRIC AND PSYCHOLOGICAL COUNSELLING AND MAKE ARRANGEMENTS FOR SUCH TREATMENT TO BE ADMINISTERED. (THE COMMISSION NOTED THAT THERE WAS A SERIOUS LACK OF SUCH FACILITIES.)

Reintegration and rehabilitation

16 Recognising that the promotion of national unity and reconciliation will require the rehabilitation of people of all political perspectives and their reintegration into society, the Commission recommends that:

STRATEGIES BE DEVISED FOR REINTEGRATING PERPETRATORS INTO SOCIETY. IN THIS REGARD THEY MAY ASSIST IN COMMUNITY-BASED PROJECTS INVOLVING THE COMMUNITIES WHO WERE WRONGED, OFFERING EITHER DONATIONS OR THEIR SKILLS AND TIME.

WHERE PEOPLE WERE ACCUSED OF HAVING BEEN COLLABORATORS OR INFORMERS, AND HAD THEIR LIVES DESTROYED AS A RESULT, A PROCESS SHOULD BE ESTABLISHED WHEREBY THEIR SITUATION CAN BE REMEDIED. POLITICAL PARTIES, COMMUNITY ORGANISATIONS AND OTHER BODIES INVOLVED SHOULD TAKE ACTION, POSSIBLY IN THE FORM OF CEREMONIES OR MEDIATION, TO FACILITATE A PUBLIC PROCESS OF REINTEGRATION AND FORGIVENESS.

COMMUNITIES SHOULD BE ASSISTED IN PREPARING TO ACCEPT SUCH PERSONS BACK INTO THEIR MIDST.

Lustration

17 The Commission gave careful consideration to the possibility of lustration as a mechanism for dealing with people responsible for violations of human rights. As used in several Eastern European countries, lustration (from the Latin meaning to illuminate or to purify by sacrificing or purging) involves the disqualification of such persons from certain categories of public office, or their removal from office. Other international and South African commissions have commented on this matter. For example, the report of the Skweyiya Commission recommends that “no person who is guilty of committing atrocities should ever again be allowed to assume a position of power”.³

18 The current opinion in International Law is that lustration should be limited to positions in which there is good reason to believe that the subject would pose a significant danger to human rights, and that it should not apply to positions in private organisations.

19 The Commission decided not to recommend lustration because it was felt that it would be inappropriate in the South African context.

Commercial publications

20 Those who publish works for commercial sale which have drawn or will draw substantially upon the statements, testimony and submissions of victims of violations of human rights have a responsibility towards such victims.

THE COMMISSION RECOMMENDS THAT A PORTION OF THE PROFITS DERIVED FROM SUCH PUBLICATIONS BE CONTRIBUTED TO THE PRESIDENT’S FUND FOR REPARATIONS AND REHABILITATION.