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:
-
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
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
(Tecla Namachanja –Former Commissioner with Kenyan Truth, Justice and Reconciliation Commission; and
Elisabeth Baumgartner –Swisspeace Truth Seeking and Presentation Strategies)
Truth Seeking strategies: Lessons from
Commissioner – Kenya TJRC
Kenya
Tecla Namachanja
– former
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”.
The Commission could not work for a whole year because of these differences. The government
made it worse and the Ministry of Justice started threatening the Commissioners.
Navigating reconciliation through the TJRC, the presenter noted that there are three elements
underpinning reconciliation and these are:
-
Relationship building
Encountering past injustices and not allowing them to hide moving forward
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