Observers noted that the amnesty was perceived as having rewarded the war perpetrators. For the
DRC, the amnesty law of 2009 had the effect of issuing a blanket reprieve for all international and
serious crimes against humanity. To this day Eastern Congo remains a hotbed of international war
crimes and serious human rights violations because among other reasons the perpetrators still
operate freely. In South Africa, the well - known amnesty law was successful in many ways as a lot of
information and truths were availed which reportedly led to healing for some survivors. However,
Mohamed in his presentation lamented that some of the perpetrators who had been given amnesty
had committed serious international crimes and worse still for some who had been denied amnesty
by the TRC, they managed to get Presidential pardons and were let go from prison.
Mohamed went on to discuss the ideal situation in which amnesties should be implemented and
listed the following points as critical:
Ÿ Amnesty laws should be limited e.g. to specific geographical locations, specific human rights
violations with a caveat that excludes international crimes such as genocide, crimes against
humanity and war crimes
Ÿ Amnesty laws should be conditional e.g. requiring that perpetrators issue public apologies before
they can be granted amnesty or that they need to reveal all the truth they know about certain
human rights violations.
Mohamed grappled with the question of whether Zimbabwe's political context was in favour of
amnesties. In his presentation he noted that the population including all stakeholders need to be
consulted as the past amnesties were biased and more partisan oriented granted to protect partisan
interests.
Dilemma of Hard Truths ad Reconciliation: Truth Seeking and Preservation Strategies
Truth Seeking strategies: Lessons from Kenya
Tecla Namachanja, Former Commissioner, Kenya TJRC
The former Truth and Justice Commissioner from Kenya
gave a narration of the Kenya atrocities from the 2007
elections and earlier efforts by then President Mwai
Kibaki to establish truth, justice and reconciliation to
deal with past injustices from Daniel Arap Moi’s era.
She narrated the journey that led to the establishment
of the Kenya Truth Justice Reconciliation Commission. She noted that the Commission faced serious
criticisms largely around its legitimacy, the suitability of a Chairperson who had been a serving
member of the past regime who was called a “functionary of Moi dictatorship”. The criticisms
became worse and a section of the Commissioners stated criticising the Chair, Mr. Kiplagat from
inside. Part of the criticism was published in a newspaper article written by the Vice Chair and
another Commissioners and it went thus:
We write to end our public silence … A truth commission, like a court, requires that its members be
free of any actual conflict of interest, and a perception of partiality that is reasonably based. In other
words, given the evidence against Kiplagat, it is reasonable to believe that or Chairman may not be
independent, neutral, or fair with respect to some or all of the matters within our mandate”.
26
2018 TRANSITIONAL JUSTICE POLICY SYMPOSIUM REPORT
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