South Africa’s Truth and Reconciliation Commission and what it means for SL
State circles in Sri Lanka have begun voicing the need for a Truth and Reconciliation Commission (TRC) for the country, on the lines of South Africa’s historic TRC, and the time could not be more appropriate for a comprehensive discussion in Sri Lanka on the questions that are likely to arise for the country as a result of launching such an initiative. There is no avoiding the need for all relevant stakeholders to deliberate on what it could mean for Sri Lanka to usher a TRC of its own.
Fortunately for Sri Lanka, the Lakshman Kadirgamar Institute of International Relations and Strategic Studies (LKI), Colombo, took on the responsibility of initiating public deliberations on what a TRC could entail for Sri Lanka. A well-attended round table forum towards this end was held at the LKI on November 25 and many were the vital insights it yielded on how Sri Lanka should go about the crucial task of bringing about enduring ethnic peace in Sri Lanka through a home-grown TRC. A special feature of the forum was the on-line participation in it of South African experts who were instrumental in making the TRC initiative successful in South Africa.
There was, for example, former Minister of Constitutional Affairs and Communication of South Africa Roelf Meyer, who figured as Chief Representative of the white minority National Party government in the multi-party negotiations of 1993, which finally led to ending apartheid in South Africa. His role was crucial in paving the way for the first democratic elections in South Africa in 1994. Highlighting some crucial factors that contributed towards South Africa’s success in laying the basis for ethnic reconciliation, Meyer said that there ought to be a shared need among the antagonists to find a negotiated solution to their conflict. They should be willing to resolve their issues. Besides, the principle needs be recognized that ‘one negotiates with one’s enemies’. These conditions were met in South Africa.
Meyer added that South Africa’s TRC was part of the country’s peace process. Before the launching of the TRC a peace agreement among the parties was already in place. Besides, an interim constitution was licked into shape by then. The principle agreed to by the parties that, ‘We will not look for vengeance but for reconciliation’, not only brought a degree of accord among the conflicting parties but facilitated the setting-up of the TRC.
Meyer also pointed out that that the parties to the conflict acted with foresight when they postponed considering the question of an amnesty for aggressors for the latter part of the negotiations. If an amnesty for perceived aggressors ‘was promised first, we would never have had peace’, he explained.
Meanwhile, Dr. Fanie Du Toit, Senior Fellow of the Institute for Justice and Reconciliation, South Africa, in his presentation said that the restoration of the dignity of the victims in the conflict is important. The realization of ethnic peace in South Africa was a ‘victim-centric’ process. Hearing out the victim’s point of view became crucial. Very importantly, the sides recognized that ‘apartheid was a crime against humanity’. These factors made the South African TRC exercise a highly credible one.
The points made by Meyer and Du Toit ought to prompt the Sri Lankan state and other parties to the country’s conflict to recognize what needs to be in place for the success of an ethnic peace process of their own. A challenge for the Sri Lankan government is to ban racism in all its manifestations and to declare racism a crime against humanity. For starters, is the Lankan government equal to this challenge? If this challenge goes unmet bringing ethnic reconciliation to Sri Lanka would prove an impossible task.
Lest the Sri Lankan government and other relevant sections to the Sri Lankan ethnic conflict forget, reconciliation in South Africa was brought about, among other factors, by truth-telling by aggressors and oppressors. In its essentials, the South African TRC entailed the aggressors owning to their apartheid-linked crimes in public before the Commission. In return they were amnestied and freed of charges. Could Sri Lanka’s perceived aggressors measure up to this challenge? This question calls for urgent answering before any TRC process is gone ahead with.
Making some opening remarks at the forum, State Minister of Foreign Affairs Tharaka Balasuriya said, among other things, that the LKI discussion set the tone for the setting up of a local TRC. He said that the latter is important because future generations should not be allowed to inherit Sri Lanka’s ethnic tangle and its issues. Ethnic reconciliation is essential as the country goes into the future. He added that the ‘Aragalaya’ compelled the country to realize its past follies which must not be repeated.
In his closing remarks, former Minister of Public Works of South Africa and High Commissioner of South Africa to Sri Lanka ambassador Geoffrey Doidge said that Sri Lanka’s TRC would need to have a Compassionate Council of religious leaders who would be catalysts in realizing reconciliation. Sri Lanka, he said, needs to seize this opportunity and move ahead through a consultative process. All sections of opinion in the country need to be consulted on the core issues in reconciliation.
At the inception of the round table, Executive Director, LKI, Dr. D. L. Mendis making some welcome remarks paid tribute to South Africa’s former President Nelson Mandela for his magnanimous approach towards the white minority and for granting an amnesty to all apartheid-linked offenders. He also highlighted the role played by Bishop Desmond Tutu in ushering an ‘Age of Reconciliation’.
In his introductory remarks, High Commissioner for Sri Lanka in South Africa Prof. Gamini Gunawardena said, among other things, that TRCs were not entirely new to Sri Lanka but at the current juncture a renewed effort needed to be made by Sri Lanka towards reconciliation. Sri Lanka should aim at its own TRC process, he said.
During Q&A Roelf Meyer said that in South Africa there was a move away from authoritarianism towards democracy, a democratic constitution was ushered. In any reconciliation process, ensuring human rights should be the underlying approach with the Universal Declaration of Human Rights playing the role of guide. Besides, a reconciliation process must have long term legitimacy.
Dr. Fanie Du Toit said that Bishop Tutu’s commitment to forgiveness made him acceptable to all. Forgiveness is not a religious value but a human one, he said. It is also important to recognize that human rights violations are always wrong.
