TRC Final Report

Volume 6

Section 4

Chapter 1

Subsection 11

Recommendation 2: Reburials, exhumations and memorials

110. The task team’s mandate should include the possibility of identifying gravesites and facilitating exhumations in conjunction with civil society groupings working within this arena.

111. Memorials should take into account the concerns and wishes of families of the victims.

The role of mortuaries and undertakers

112. When investigating disappearances and conducting exhumations, it became apparent to the Commission that insufficient attention and care had been paid by those responsible for the handling and burial of unidentified persons and paupers. This is doubtless the consequence of a racist system in which the loss of black life was regarded as being of little importance.

113. The Commission recommends that current legislation, policies and procedures in respect of the handling of unidentified persons and paupers be subjected to scrutiny by the Law Commission. In addition, where municipalities award tenders to funeral companies, it is important to ensure that these companies are subject to proper monitoring.

Records relating to unidentified persons and paupers

114. Current practices regarding the retention and disposal of records (including post-mortem and inquest records) relating to unidentified remains should be reviewed.

CONCLUSION

115. The Commission notes that accounting for the disappeared remains an important reparation mechanism for victims and their families. In this regard the Commission urges the state to take into account the following observations and recommendations:¹⁹

a It is essential to protect all persons from becoming unaccounted for, without distinction as to the deliberate or incidental character of the events leading to the situation.

b It is essential that families know the fate, including the whereabouts and, if dead, the cause of death, of family members who are unaccounted for.

c The principal responsibility in preventing persons from becoming unaccounted for and in ascertaining the fate of all those who are not accounted (as soon as they are reported missing) lies with government authorities. Armed groups also have a responsibility in this re gard .

d Inter-governmental organisations acting in conformity with their respective mandates should be available to support government authorities and armed groups in fulfilling their responsibilities and, if they cannot or will not meet their responsibilities, should take appropriate action.

e Non-governmental organisations, acting in accordance with their mandates, should make every effort to prevent persons from becoming unaccounted for and to clarify the fate of those who have become unaccounted for.

f It is essential that all those involved respect each individual’s inherent human dignity in all circumstances.

g Every effort should be made to respect the cultural, social and religious or spiritual context specific to each situation.

Prevention

116. Respect for international humanitarian and human rights law is fundamental to p reventing persons from becoming unaccounted for. There must be full implementation by state parties and dissemination of these obligations.

Clarification of the fate of persons unaccounted for

117. It is crucial that families receive information on the individual fate of unaccounted-for family members. Families and communities also need acknowledgement of the events leading to persons becoming unaccounted for, and for perpetrators to be held accountable.