studied for the purposes of this research, with the exception of Senegal, all the countries
carried reparations in post transition. Thus, the idea of reparations in pre-transitional states,
which would bear the onus for human rights violations on the incumbent, is unthinkable.
On the contrary, there seems to be some anecdotal evidence which suggests that “If a state
will be called upon to pay reparations post-transition, then that serves as motivation to delay,
stop, or constrain transitional movements and reforms‖ (Gray, 2010.1065). An apt example
is Foday Sankoh of Sierra Leone‟s efforts to delay the signing of the Lomé Peace Accords to
end the conflict. This was a bid to delay the transitional processes such as ending impunity,
acknowledging wrongdoing and paying reparations (Gray, 2010. 1092).
The role of reparations in post-transitional situations is widely recognized in transitional
justice literature. On the other hand, while these frameworks have been employed in places
outside the African continent, a study of the African countries, as illustrated in the database
results, confirms that “reparations are only advisable in the transitional justice context after
a sufficient period of repose during which time the legal and social changes attending
transition have become well established” (Gray, 2010. 1080).
4.6.8 Customary Justice Practices
Following decades of a violent past, many African countries have resorted to the use of
customary mechanisms to seek redress for violence perpetrated, not only by state agents, but
also by known civilians, from within communities (Benyera. 2013). Customary justice, also
referred to as „traditional‟, „informal‟, „community based‟, „grass roots‟, „indigenous‟ or
„local‟ justice is usually practiced without the involvement of the state (Allen & Macdonald
2013). Customary justice mechanisms complement formal processes such as court processes
and the work of statutory institutions such as Truth Commissions. However, unlike formal
processes that are perpetrator-oriented, customary justice give the victims the full attention
they deserve in order to be healed of the harm they suffered. (Benyera.2013) Desmond Tutu27
contends that the African view of justice is aimed at:
“The healing of breaches, the redressing of imbalances, the restoration of
broken relationships. This kind of justice seeks to rehabilitate both the
victim and the perpetrator, who should be given the opportunity to be
reintegrated into the community he or she has injured by his or her
offence” (Tutu.1999).
Most traditions have some form of restitution, but Ubuntu (and shalom) have the additional
sense of putting things back into equilibrium that is needed for community health and
resilience. However, as was seen in the database analysis, few seem to have been
documented, and the ITJDBP data set only identifies six such processes overall, with one in
Africa. This reflects not the actual number of customary justice practices in Africa, but is an
artefact of taking a cut-off date of 1988, which excludes the processes in Uganda, as well as
Rwanda and Burundi which were not included in the data set.
African countries have diverse and specific traditional mechanisms for justice, healing and
27
Archbishop (ret) Desmond Tutu was the Chairperson of the South African Truth and Reconciliation
Commission.
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