The History of the South African Truth and Reconciliation Commission (TRC)
What is the function of a truth commission? What role do truth commissions play in the bigger picture of transitional justice?
A truth commission can be a powerful tool for helping the process of reconciliation within a society trying to rebuild after genocide or mass violence. These commissions are open to the public and allow victims-or loved ones of victims-the opportunity to tell their story, as well as the chance, in some cases, to confront the perpetrators. These documented accounts then become public record, which help deter the possibility of future denial of the history. The South African TRC is a key example that shows both the remarkable potential, and limitations, of truth commissions.
The South African Truth and Reconciliation Commission (TRC) is often the first thing that comes to mind when one thinks about questions of justice in South Africa following apartheid. The TRC, however, was far from the first thing on the minds of the negotiators who reached the historic compromise.
The South African Truth and Reconciliation Commission (TRC) is often the first thing that comes to mind when one thinks about questions of justice in South Africa following apartheid. The TRC, however, was far from the first thing on the minds of the negotiators who reached the historic compromise.
The negotiators, former enemies, came together after preliminary talks to write an interim Constitution. The ANC (the party that took power) wanted "justice." This probably would have taken the form of prosecutions along with reparations and other efforts. The former apartheid government wanted collective amnesty. The Truth and Reconciliation Commission became the creative means for responding to both needs.
Graeme Simpson of the Centre for the Study of Violence and Reconciliation claims that the TRC was "almost an afterthought" as it resulted from a last-minute compromise, struck so late in the negotiation process that it had to be tacked onto the end of the interim Constitution, under the heading "National Unity and Reconciliation." That "postscript" reads:
This Constitution provides a historic bridge between the past of a deeply divided society characterized by strife, conflict, untold suffering and injustice, and a future founded on the recognition of human rights, democracy and peaceful co-existence and development opportunities for all South Africans, irrespective of colour, race, class, belief or sex.
The pursuit of national unity, the well being of all South African citizens and peace require reconciliation between the people of South Africa and the reconstruction of society.
The adoption of this Constitution lays the secure foundation for the people of South Africa to transcend the divisions and strife of the past, which generated gross violations of human rights, the transgression of humanitarian principles in violent conflicts and a legacy of hatred, fear, guilt and revenge.
These can now be addressed on the basis that there is a need for understanding but not for vengeance, a need for reparation but not for retaliation, a need for ubuntu but not for victimization.
In order to advance such reconciliation and reconstruction, amnesty shall be granted in respect of acts, omissions and offences associated with political objectives and committed in the course of the conflicts of the past. To this end, Parliament under this Constitution shall adopt a law determining a firm cut-off date, which shall be a date after 8 October 1990 and before 6 December 1993, and providing for the mechanisms, criteria and procedures, including tribunals, if any, through which such amnesty shall be dealt with at any time after the law has been passed.
With this Constitution and these commitments we, the people of South Africa, open a new chapter in the history of our country.1
Dullah Omar was the new minister of justice following the 1994 elections. He knew that he had a responsibility to address the amnesty provision, but he was also aware that amnesty traditionally favored perpetrators. Human Rights groups outside of the South African government also voiced their concerns about the fact that a process focused on amnesty would not meet the demands of reconciliation or the needs of victims.
Omar went about setting up a Truth and Reconciliation Commission that differed dramatically from previous truth commissions and from traditional tribunals. The South African TRC would attempt to balance the rights and needs of victims with the reality of a promised amnesty and its implications.
The TRC was also informed by the work of Dr. Alex Boraine, a former opposition member of Parliament who then became director of the Institute for a Democratic Alternative for South Africa (IDASA). Prior to the TRC, Boraine hosted two seminars that allowed a group of political leaders, civil society representatives and victims of apartheid to explore a truth commission approach. Present at these seminars was Patricio Aylwin, a former president of Chile who established the National Commission on Truth and Reconciliation in Chile in 1990.
The TRC, co-chaired by Archbishop Desmond Tutu and Dr. Alex Boraine, dealt with gross crimes against humanity and focused on the period between the Sharpeville massacre in 1960 and 1994. Perpetrators had the opportunity to apply for amnesty for crimes committed during that period. The TRC would award amnesty if the individual could demonstrate a political objective and if they told the complete truth.
The South African TRC was unique because of this amnesty in exchange for truth formula. And it was unique, relative to other truth commissions, because it was widely covered by the media, sessions were open to the public and the records of the commissioners were turned over to the government and the public at large. A web site, http://www.doj.gov.za/trc/ was even built to provide easy access to decisions, press releases and media responses to the Commission's work.
The TRC represented just one approach to transition, but it was a significant effort that received international attention. It also inspired the creation of truth commissions and other reconciliation vehicles around the world.
