In interpersonal or criminal cases, the punishment
of a wrongdoer (and especially the wrongdoer’s
acceptance of that punishment) can be a process
by which the wrongs of the past are redressed. The
power of punishment to put the past to rest can be
explained in a number of different ways such as
removing unfair advantage (Morris 1968), satisfying
the victim’s anger (Hershenov 1999), or reaffirming
the equal moral status of victims (Hampton 1992).
Criminal prosecutions as punishments help victims regain sense of status as rights holder and so enhance
dignity (Nino 1998, Bennett 2008).
because of the potential for biased application of the
policy and because it encourages the continuation
of suspicion among former enemies (Govier 2006).
In view of this approach, the central question is,
if Zimbabwe pursues this option as part of the
reconciliation processes, can it exercise it without bias
towards political reconciliation only.
g) Reparations
The term ‘reparations’ has been used more and less
broadly to refer to efforts to repair the harm that results
from a wrong. A narrow use of the term refers to a
transfer of goods or wealth to directly compensate
for goods that were taken, damaged or destroyed.
The payment is made either by the party who was
responsible for the harm, by the wrongdoers’
descendants or other beneficiaries, or potentially by
a third party acting on the wrongdoers’ behalf. This
sort of transfer is perhaps better labeled ‘restitution.’
Transfers made in response to losses that are not
literally replaceable such as deaths or injuries, are
also referred to as restitution or reparation. A still
broader use of the term includes material transfers that
have a more purely symbolic function. These payments
are meant to send a conciliatory message of some
sort rather than to suggest that the wrong or harm is
being paid back. The term ‘reparations’ is also used
even more broadly to include acts other than material
transfers, such as apologies or instances of truth-telling
(Torpey 2003, Walker 2010).
In transitional environments, some scholars
concentrate specifically on the significance of trials
in response to collective and politically significant
crimes, such as those involving human rights abuses
by officials. Criminal trials mark a clear break from
the past (Malamud-Goti 1990). Trials symbolise the
official disapproval of the actions that may not have
been officially condemned before. Criminal trials
and punishment are also claimed to make a crucial
contribution to societal reconciliation by reaffirming
the normative standards that should govern interaction.
Punishment can reaffirm a country’s loyalty to the rule
of law, as well as the faith institutions upon which the
rule of law depends (C. Murphy 2010).
On the other hand, a number of scholars are skeptical
about the reconciliatory impact of criminal trials,
especially in response to widespread wrongdoing.
Shklar (1964) and Arendt (1977) argue trials do little
to heal victims wounded by wrongdoing and have little
pedagogical role regarding the normative standards
that should govern relations. Trials fundamentally
are oriented towards the establishment of the guilt of
perpetrators, not the pursuit of the truth about the past.
To situate trials within acceptable African limits, the
indigenous gacaca courts in Rwanda provide relevant
approaches to harmonise retributive and restorative
justice.
As Howard McGary (2010) has pointed out, material
transfers in response to harm may be understood either
within or independently of a process of reconciliation.
McGary emphasizes that a backward-looking sense of
justice can justify the repayment of a comparable value
to victims who have suffered a wrongful loss or harm.
Here, the past wrong itself calls out for rectification. To
bring in the rhetoric of reconciliation suggests instead
that the wrongdoers’ reason for the transfer is to
secure better future relations with the victims. McGary
argues that this forward-looking goal of reconciliation
can insultingly suggest that a concern for justice is
an insufficient reason to compensate the victim—that
justice for these victims is only worth securing when it
is also in the interest of the wrongdoers.
f) Lustration
Lustration refers to legal measures that permit or require
the investigation of individuals running for public
office to see if they collaborated with the previous
repressive regime. Collaboration is established on
the basis of past crimes or membership in a political
group. Such measures are characteristically adopted
in countries transitioning to democracy. In some cases,
proven collaborators are barred from holding public
office. In others, the past of collaborators is revealed
publicly to an electorate, in turn diminishing prospects
for election (Kaminski and Nalepa 2008). Lustration
is sometimes defended as a means of reestablishing
trust in government, by assuring the public that past
wrongdoers will no longer be in power. Chiu (2011)
argues that lustration policies are compatible with a
commitment to ethical individualism and due process.
On the other hand, lustration has been criticized as
a means of pursuing political reconciliation, both
McGary’s critique points to the generally fraught
question of how justice is related to reconciliation,
which is addressed further in section 4. It also
highlights how significant the interpretation of a
material transfer is in processes of reconciliation.
Commentators who defend the conciliatory power of
material reparations frequently interpret such payments
as acknowledgements of responsibility, expressions of
respect for the moral status of the victims, acts of remorse
or caring, evidence of increased trustworthiness or
a recommitment to the norms of justice (Thompson
2002, Brooks 2004, Gray 2010, Walker 2010).
Yet the meanings of reparations can change, be
undermined or repudiated, depending on the manner
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