and survivors. This has been raised with the
authors of such statements. The NPRC is
encouraged to distance itself from the ‘let
bygones be bygones’ mantra.
• On periodisation, it was noted that the most
preferred approach is an approach that does not
leave any victims out of the process (leave no one
behind). NTJWG notes that the Commission has
already made pronouncements on this matter
and this is welcome.
• The Stakeholders encouraged greater publicity
about the Commission and its mandate. We note
that the majority of the people who attended the
consultative meetings were unaware of the
Commission’s mandate leading to some
misunderstandings. NTJWG has done some work
in this area and remains committed to do more.
We however encourage that it is better for the
Commission to take a lead role as the
Constitutional body in charge of the process.
• The Conference noted with concern the state of
preparedness for the Commission before the
outreach meetings. There is only one chance to
make a good first impression. The Commission is
in an attempt to win the confidence of the
people. Rushing into processes without adequate
preparation can only make things worse. Four
points that summarise what would otherwise be
areas of concern regarding preparedness.
- Composition of the Commission: The
Commission needed to be fully composed in a
manner that satisfies the demands of section 251
(1) (a). By now we appreciate that this matter has
been resolved but not without consequences.
- Regulations: The Commission needs to have
regulations in place before outreach as the
regulations are critical even for laying down the
principles for public engagement. They give legal
force to the day to day running of the
Commission.
- Secretariat: Stakeholders really took concern
with the realisation that the Commission seemed
to be pushed to get into the field without
competent Secretariat which is an essential
component according to the Minimum
Standards. As a result, there seemed to be some
make-shift arrangement where other
stakeholders would act as Secretariat here and
there. This creates legal and logistical challenges,
and may worsen the crisis of confidence.
- Infrastructure: Stakeholders took note that the
Commission does not even have offices and
equipment to undertake its work. This is made
worse by the fact that there is not transparency
about the allocation of finances to the
commission by the executive. Some stakeholders
approached NTJWG requesting for direction to
the offices of the Commission. With all due
respect, it was difficult for NTJWG to direct
victims to the President’s Office to meet the
Commission.
• The three outstanding points are critical and
need to be addressed to ensure that the
Commission is ready for the great task ahead. We
know the Commission is not solely responsible
for some of these and we have already registered
these concerns with the relevant offices.
The Adequacy of the Legal Framework
• In general, the Conference noted that while
there has been some progress in the law, there are
many gaps. The NPRC Act must define the
transitional justice agenda and explicitly ensure
that the process is victim-centred by offering
safeguards for the protection and healing of
victims. Healing is not only an outcome of the
process but part of the process.
• Stakeholders noted they were still unhappy
with the law as it is because it still gives the
executive a lot of space to interfere with the
operational independence of the Commission.
We wish to alert you that we will soon commence
an advocacy programme to reform some aspects
of the Act so that greater independence is given to
the Commission.
• Stakeholders noted of the need for a
transitional justice policy which goes beyond the
NPRC Act and incorporates all Government
departments. This will provide an inclusive and
far-reaching transitional justice intervention
strategy. This is necessary at least to ensure that
THE NPRC BRIEF – 15 MARCH 2018
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