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Born with an historic compromise that few predicted, the TRC has evoked emotions ranging from anger and confusion to sympathy and remorse. It has rarely generated indifference.This collection of essays constitutes a tour de force, capturing the essence of the TRC debate, while posing a set of questions with which this country is likely to wrestle for some time to come. Indeed, it is intended to provoke debate rather than provide simply answers to complex questions. This makes it a useful book for teaching purposes as well as for others interested in transitional politics.A number of different voices are heard, all seeking to provoke practical ways forward for a nation that in the early 1990`s was teetering on the brink of collapse. The pertinent question posed by the book is: "Where does South Africa go in the post TRC period?" Equally important is the question: "Does the TRC model provide a viable alternative to prosecution for other countries in transition from oppressive rule to a society committed to human rights and the rule of law?"
Contents
Foreword - Mr Justice Richard GoldstoneIntroductionPart IHistorical Context and Origins of the Commission1. A Struggle for Human Rights: From the UN Declaration of Human Rights to the present - Dumisa Ntsebeza2. The Historical Context, Legal Origins and Philosophical Foundations of the South African Truth and Reconciliation Commission - Johnny de Lange3. Same Species, Different Animal: How South Africa Compares to Truth Commissions worldwide - Priscilla Hayner4. Justice Without Punishment: Guaranteeing Human Rights in Transitional Societies - Paul van ZylPart II: The Philosophical Framework of the Commission5. The Moral Justification of Truth Commissions - Rajeev Bhargava6. Restorative Justice: Dealing with the Past Differently - Charles Villa-Vicencio7. Making Moral Judgements - Mary Burton8. When the Assassin Cries Foul: The Modern Just War Doctrine - Kader and Louise Asmal, and Ronald Suresh Roberts9. The Law and Struggle: The Same, but Different - Hugh Corder10. Combatting Myth and Building Reality - Colleen Scott11. Truth and Reconciliation as Performance - Spectres of Eucharistic Redemption. Ebrahim Moosa12. The Baruti vs the Lawyers: The Role of Religion in the TRC Process - Piet MeiringPart III: What the Commission Sought to Acheive13. Historical Truth - Something to Fight for. Janet Cherry14. Truth as a Trigger for Transformation: From Apartheid Injustice to Transformational Justice - Willie Esterhuyse15. Towards the Recognition of Our Past Injustices - Wilhelm Verwoerd16. Where Healing Begins - Yazir Henry17. Justice and Amnesty - Ronald C. Slye18. Amnesty: The Burden of Victims - Richard Lyster19. Amnesty and Denial - Nkosinathi Biko20. Getting on With Life: A Move Towards Reconciliation - Charles Villa-Vicencio21. Reconciliation: A Call to Action - Mxolisi Mgxashe22. What Makes a Perpetrator? An Attempt to Understand - Don Foster23. A Personal Encounter with Perpetrators - Ginn Fourie24. Reparation Delayed is Healing Retarded - Wendy Orr25. Insufficient Healing and Reparation - Nomfundo WalazaPart IV: After the Commission 26. An Opportunity for Peace - Archbishop Njongonkulu Ndungane27. Dealing with Systematic Economic Injustice - Sampie Terreblanche28. National Reconciliation: Holy Grail or Secular Pact? - Jakes GerwelAppendix: Key sections from the Mandate chapter, TRC Report, Volume IIndex
