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| Saturday, 24 August 2002 |
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Third Neelan Tiruchelvam memorial lecture, July 29, 20002 : Truth and reconciliation in times of conflict: the South African model by Alexander L. Boraine , President, International Center for Transitional Justice
I am reminded of the powerful words spoken by another great human rights activists, Adam Mishnik. He was a former prisoner of the Communist regime in his native Poland, and he speaks eloquently and thoughtfully about transformed attitudes: Reward 'The image of the enemy is a normal and political burden because you are negotiating with someone who only yesterday you called an oppressor, a murderer or a terrorist. You promised your followers that this person would be severely punished as a reward for the oppression that they had lived through. Your followers meanwhile are telling you justice requires punishment. They ask, 'How can you negotiate and talk to a person who is responsible for all the disasters of our people?' His reply is, 'I'm negotiating because I've chosen the logic of peace and abandoned the logic of war. This means my enemy of yesterday must become my partner and we will live in a common state. He may still be my opponent, but he is an opponent within peace, not within war.' It is impossible to understand and appreciate the search for truth and reconciliation in South Africa unless we see it in historical context. For decades, the dominant theme in social and political life was the politics of oppression and the politics of resistance. After years of escalading violence, this finally gave way to the politics of negotiation. The logic of war was replaced by the logic of peace. Former enemies sat down at the same table and negotiated a new interim constitution, which would serve as the basis for a national election. The emphasis now was win-win. It involved compromise and consensus. This was followed by four very difficult, turbulent years, but which finally culminated in a new democratically elected government. The question of what nations should do about a conflictual past did not leave South Africa untouched. After 300 years of colonialism and racism, there were many perpetrators and there were many victims. There is an ever-growing body of literature dealing with society in transition from an authoritarian or dictatorial regime to a new form of democratic government. The most comprehensive is a study edited by Neil Kritz entitled, Transitional Justice: How Emerging Democracies Reckon with Former Regimes, and this has brought major documentation of contributions to this field. Many other research projects and international conferences are under way. The topic is related to, but distinct from, human rights and international law. Countries in transition share a number of similarities. Briefly stated, these are: . A shift from totalitarianism to a form of democracy Questions confronting these newly emerging democracies, including South Africa, include at least the following: . How do emerging democracies deal with past violations of human rights? What measures are desirable and possible in the context of particular transitions? . How do new democracies deal with leaders and other individuals responsible for disappearances, death squads and psychological and physical torture? Where must the line be drawn between those who gave the orders or those who carried them out or both? . How do new democracies deal with the fact that some perpetrators may remain part of the new government or security forces or hold important positions in public life? Does this hold the new democracy at risk? Is there an alternative? The arguments advanced to take a nation's past seriously are moral, psychological and political. The moral imperative can be summed up from the commandment from the Jewish tradition: 'To remember is the secret of redemption'. The psychological argument has been advanced in particular by a school represented by Alexander and Margarette Mitscherlich. 'It is as bad for nations as it is for individual people to suppress the memory of evil or mournful experience.' The political argument is summed up in the famous statement by George Santanyana, 'Those who forget the past are doomed to repeat it'. Political alienation There is, however, another side to this, which has been highlighted in particular by Professor Bruce Ackerman of Yale Law School. He has strongly criticised those who 'squander moral capital in an ineffective effort to right past wrongs, creating martyrs and fostering political alienation rather than contributing to a genuine sense of vindication'. Indeed, he continues, 'Moral capital is better spent in educating the population in the limits of the law rather than engaging in a quixotic quest after the mirage of corrective justice'. Timothy Garton Ashe reminds us in his book, The File, that there is a defensible position which calls for moving on into the new future and not allowing the past to destroy or inhibit the new democracy. For example, there is the profound insight of the historian Ernest Renan who argues that 'every nation is a community both of shared memory and shared forgetting'. He adds, 'And I would even say historical error is an essential factor in the history of a nation'. Historically, the advocates of forgetting are many and impressive. They range from Cicero in 44 BC, demanding only two days after Caesar's murder that the memory of past discord be consigned to eternal oblivion, to Winston Churchill in his Zurich speech 2000 years later recalling Gladstone's appeal for a 'blessed act of oblivion' between former enemies. Peaceful future There were those in leadership in the new South Africa who sided with those who believed that some serious accounting for the past was not only right and moral but also wise in terms of developing a stable and peaceful future. Our argument can be summed up as follows: To ignore the past is to perpetuate myth and error; it is to build a future on lies and half-truths. By lapsing into amnesia, we risk the danger of leaving people in constant victimhood instead of enabling them to become survivors who move forward in their lives. Victims have the right to know at whose hands they and their loved ones suffered. To delay and/or to suppress the truthmakes it difficult, if not impossible, to uphold the rule of law and to develop a culture of human rights. Countries are often haunted by their past. Two examples are Germany in the 1950s and Switzerland much more recently. Finally, a conscious act of memory frees us from being paralysed by the past. I want to refer briefly to what I describe as 'favoravble conditions' which contributed to the establishment of and the work of the TRC. The public call and support for the Commission was made by the African National Congress, which was the major opposition and which ultimately won the first ever democratic election in South Africa. Reconciliation The role of Nelson Mandela. He is the embodiment of truth and reconciliation in his own life and person. I am still amazed at the remarkable lack of bitterness that he has consistently displayed. From the day of his release to the present time, he has focused on the need to come to terms with the past, but always with a readiness to forgive and to move on. It is not merely in the words that he uses, powerful as they are, but in his actions of reaching out to the very people who had put him in jail, who had kept him there, who had decimated his own party, who were responsible for torture and deprivation, detention without trial, mass removals, and so on. He stretched out a hand of reconciliation and friendship. The fact that the President supported the establishment of the Commission, and that he was directly involved in appointing the commissioners and selecting the chairperson and deputy chairperson, gave the Commission his personal stamp, not so much of authority but of compassion and support. Throughout the life of the Commission, he insisted on its independence, but was never slow to defend it when it came under severe attack. Democracy His persona reflected all that was good about the Commission - a deep horror of human rights violations, and anger at the horrific treatment of so many hundreds and thousands of people, and yet a commitment to truth which would simultaneously work towards reconciliation. There are many countries whose representatives came to South Africa and many countries to which I travelled whose people were deeply envious, with good cause, of the fact that we had such a person as Nelson Mandela as the leader of our fledging democracy, but no one appreciated him more than those of us who were in the cauldron of the Commission. It certainly assisted us enormously to do the work entrusted to us. A third favourable condition was that the Commission was building on the successful political negotiations which had led to peaceful elections and the appointment of a democratic government. There was a sense that if we could succeed in the almost impossible task of bringing former enemies together at the table to negotiate a new Constitution and a new administration, then we could also try to deal with the past to help to consolidate that new democracy and to build a human rights culture, which until that time had never existed in South Africa. A fourth feature was the existence of a very strong civil society. The fact that the overwhelming majority of South Africans had for so long been excluded from the parliamentary process and government at local, regional, and national level meant that there had been little point in forming political parties. Truth commission A great deal of innovation, energy and passion had, therefore, gone into the development of a strong civil society with one of the largest numbers of non-governmental organizations in the world. Some NGOs focused on legal issues, others on education, others on matters of religion; others were committed to caring for the victims of apartheid; they were involved in almost every area of life in the country. This meant that when the decision was made to have a truth commission in South Africa, there were many who had had long experience working within NGOs who were available to serve on the commission as senior committee members and staff. It also meant that there was a cradle of support, and many NGOs were directly involved in the numerous drafts of the Bill which finally became law. A further factor which assisted the Commission was the interest of the international community in its initiative. Not only were many governments, institutions, organizations and individuals willing to offer advice, but several governments responded to our request for assistance, with direct financial contributions to the President's Fund, the fund set up to help victims with reparation and rehabilitation. In addition, a number of countries agreed to second staff, mainly policemen and women who could assist our Investigative Unit in their huge task of following up the stories told by victims and perpetrators. They not only provided a far greater degree of impartiality, but accepted responsibility for their airfares, accommodation, and salaries, so that we could have more than sixty investigators from the international community and South Africa working throughout the life of the Commission. Desmond Tutu A final factor, which I think assisted the Commission enormously, was the person of archbishop Desmond Tutu. There is no doubt that the commissioners who were appointed had been publicly tested and tried, and each, in his or her own way, had a contribution to make, and made it. However, none of us was indispensable. There were other South Africans who could have served equally well on the Commission. With one exception. I don't think the Commission could have survived without the presence and person and leadership of Desmond Tutu. A Nobel Peace Prize laureate and a tireless fighter for justice in South Africa, he was a household name long before he came to the Commission. He had demonstrated in his life and work an enormous compassion for the underdog. His sense of humour, his twinkling eyes, his tiny stature, his presence rather than his performance, meant that he was and is an icon in South Africa. His choice by President Mandela was an inspired one. He assisted the Commission enormously in every possible way to become an instrument for healing, perhaps because he always saw himself and his colleagues on the Commission as wounded healers, not better than anyone else, not wiser than anyone else, but simply people who had been given a job to do and who cared very deeply for victims and perpetrators alike. There are six unique features which distinguish the South African model from any other truth commission that has taken place anywhere in the world, and I would like to briefly outline some of these. A distinctive feature was the democratic process that was followed throughout in the establishment of the Commission. We need not go into detail here, except to stress that the role of civil society, the churches, opposition parties, and the government in drawing up the Act ensured maximum participation. The several drafts, which were freely available to any person or organization, the number of workshops and conferences held throughout the country, the public hearings by the parliamentary Portfolio Committee on Justice, and the manner of selecting the commissioners resulted in widespread participation. The fact that it was not a presidential commission, appointed by the President, but a commission established by a democratically elected Parliament, is also unique. (to be continued next week) Point and Counterpoint:Tamil rights and separation Referring to Dr. K's reply of 17th instant in response to the counterpoint, rather than entering into an argument I wish to present these facts as a matter of elaboration, elucidation and healthy exchange of views. In this regard it is worth recollecting what the Prime Minister said in addressing a European political party somehere in May:" People talk about having a homeland, I remind them that already we have one. It is called Sri Lanka." And Dr. K criticised the PM for "openly rejecting the concept of separate state." (DN May 15, if not mistaken). In dealing with this question certain self imposed, wrong terminology, which can lead to severe misconceptions, must be mentioned. Often there is reference to "Tamil Nationalty" and "Tamil Nation", etc. It must be emphasised that there is no "Tamil Nation" anywhere in the world, not in Sri Lanka, India, Malaysia, Fiji, or elsewhere. In Sri Lanka we have a Sri Lankan nation and for that matter there is no "Sinhalese" or "Muslim" Nationality or nation but a race. Concept of modern nation goes beyond race or ethnic group, for example Italian nation is composed of Romans, Tutons, Etruscans, Greeks, etc. French nation of Gauls, Romans, Britons, Tutons, Etc. Same is true with Britain, Russia, Germany, etc. With the little knowledge of marxism, it is believed that it did not stand for self determination of races, it stood for self determination of nations which meant the proletariat. It is clear when Lenin said, "Our unreserved recognition of the struggle for freedom of self determination does not in anyway commit us to supporting every demand for national self determinatin. As a party of the proletariat, ... considers it to be its positive and principal task to further the self-determination of the proletariat in each nationality rather than of peoples or nations." (Lenin-On Proletarian Internationalism). He also said, "but in all cases he (Marxist) must fight against small nation narrow mindedness, seclusion and isolation, consider the whole and the general, subordinate the particular to the general interest." However, this needs much more elaboration. Three broad requisites, as expounded in the relevant international documents, can be mentioned as the base for self determination, viz. a) a homogeneous race or a ethnic group b) a definite territory occupied by that homogeneous group and c) common trait such as linguistic, religious, cultural, etc. The UN was concerned about the effort of various elements to disrupt the intergity of countries in the mask of self determination and hence the 15th General Assembly passed resolution 1514 which included the following: "An attempt aimed at partial or total disruption of the national unity and territorial integrity of a country is unacceptable with the purposes and principles of the Charter of the United Nations." This does not in anyway indicate even the minute opposition to the Tamil citizens of this country being granted equal rights within an undivided nation under whatever structure of constitutional reform. Granting of equal rights and for that matter even autonomy with an undivided statehoood and creating a separate state in the exercise of the right of self determination are two things which are poles apart. If correctly seen there is no autonomy for the Sinhalese, I mean politically, since that or this sinhalese party has to rely on minority parties for their stability. Just only touching upon the element of Sinhala Buddhist chauvinism being exploited by the major parties to counter the left movement is difficult to agree with. If one says that certain other religions were instrumental in countering the left movement, perhaps there is truth. From the Suriyamal days, the left movement became weaker and weaker, more because it distanced itself from the masses. How much of country wide education of the masses was done by the left parties during the last 20 years? inter alia, this is one reason why the masses rallied round the bourgeois (and petty) parties. JVP's in carrying out a revolution completely divorced from the working class and common masses, though Marx has said revolution cannot succeed without the mobilisation of the working class, not only led to its failure but resulted in a vast set back for the entire left movement. - P. K. D. Wijesena The cost of Southern squabbling by Oscar E.V. Fernando It would appear that the Sinhalese are caught napping in their kitchen fights and seen widely by the telescopic view of the international community, some in their complete nakedness. This sure will be very entertaining to the international viewers. The LTTE is allowing this reel of Sinhala political drama to go on undisturbed, so that the international viewers will get its monies worth! What could not be achieved by the LTTE with their former strategies, they are now allowing the Sinhalese to do for them. The two major political factions that came about with this immediate post Independence feud, are now busy with the latest act of the drama, Carry on Regardless. Yes, regardless of the brink of disaster we are in. The bankrupt treasury, alarming crime rate, malnutrition, youth frustration without jobs to fend for the family and a consequent revolt that could be repeated, the dirty mosquito infested cities, bribery and corruption, rape and such other deviations, the dwindling stock market due to political instability, the growing investor diffidence in the economy, schools unrest and indiscipline in the universities, unrest in the mercantile sector and the plantation sector. Power may very well be the reason for all the feuds of the Sinhalese beginning with the original feud which however could be explained away with intended social and economic reforms. Subsequent governments have seen the futility and the imprudence of the Sinhala only policy and the nationalized ventures which brought about social and economic ruination. Therefore, both major parties including that of the present President attempted to put things right by bringing back English as a link language and by privatization exercises. So much so, the two major parties now see eye to eye with regard to social and economic issues. It is also interesting to note that in a recent TV debate, a confirmed leftist of the old brigade, was seen agreeing with a present Cabinet minister in his reforms in agriculture through the private sector but with the state regulatory mechanism operating, which is now termed as private sector with a human face. Perhaps the good leftists of the old brigade who are not inclined to such views, may tell us how we could write off the IMF loans and, from where they would find us the funds, other than from the so called capitalists and imperialists, to help us dig our fields harder for our larder! They may perhaps wait till Russia and China develop their own economies through the private sector, to work out this oracle in good old Sri Lanka! Even this is better than allowing the present debacle to destroy the country and perhaps give it to the new brand of southern revolutionaries who may not speak the same language as the old brigade leftists. Now if these leftists are joining in the fray for the country's economic development and for a solution to the ethnic issue, why not the two major parties in this glaring brink of disaster? Or are they waiting for the third force to rise up and then, gun them down again, without taking this chance to unite and deviate our youth on a better path for prosperity? It is now left to the imagination and the high heavens to decide. All that the onlookers see is really a bizarre drama and a hilarious case of Nero fiddling, speaking of some of our politicians! There are apparently several motions being carried out by the LTTE and the Sinhalese should not fall prey to these rabble rousers and become gullible. Another area which the rabble rousers are indulging in. is to show that the military is vacating from the battle area. The fact that the military is moved from schools and churches, according to the CFA, is concocted to show that the GOSL is giving up the battle and bringing the soldiers home. The military is to be housed in bunkers that have been built or are being built, to keep them alert and ready for action if and when required, according to verifiable information. It is however a pity that the GOSL has no appointed body to squash such malicious rumours immediately. It will be well for the Sinhalese to be patient until peace negotiations take place, as decisions made at the negotiating table will not be implemented without a referendum and a Parliamentary debate, according to the PM. The image that is fast being built up is a chaotic south with a well disciplined north which can run a full fledged region. The fact is that due to peace in the last seven months all the methodology and the ground work of the LTTE is now coming into the open. They have enough expertise, men and material both here and abroad, to show this image of a disciplined polity. It is well for the Sinhalese not to live in a fools paradise and to realize that the Sri Lankan Tamils, (keeping them apart from the LTTE) are a community in a hurry, to settle down in their motherland and live the life that they aspire to live, but missed for a long time, and also that their nostalgia for this has its limits. Given a chance for peace to be worked out in the glare of the international community, what are the Sinhalese quibbling among themselves? |
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Produced by Lake House |
Our topic tonight is the Truth and Reconciliation Commission in South
Africa. But the occasion is to remember and honour the work and
contribution made by Neelan Tiruchelvam before he was so cruelly
assassinated on July 29, 1999. Terrorism was and remains an ever present
threat, not only in Sri Lanka, but in many parts of the world and as we've
seen, in the United States of America as well. Violence, whether it
originates from the state or from an individual or from groups, is
self-defeating and leaves in its wake personal tragedy and intensified
conflict. The best and most fitting way to remember Neelan Tiruchelvam and
to honour his memory is to reject violence, embrace dialogue, negotiations
and peace so that he and others will not have lived or died in vain.
