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Over the last fifteen years, the South African postapartheid Transitional Amnesty Process – implemented by the Truth and Reconciliation Commission (TRC) – has been extensively analyzed by scholars and commentators from around the world and from almost every discipline of human sciences. Lawyers, historians, anthropologists and sociologists as well as political scientists have tried to understand, describe and comment on the ‘shocking’ South African political decision to give amnesty to all who fully disclosed their politically motivated crimes committed during the apartheid era. Investigating the postapartheid transition in South Africa from a multidisciplinary perspective involving constitutional law, criminal law, history and political science, this book explores the overlapping of the postapartheid constitution-making process and the Amnesty Process for political violence under apartheid and shows that both processes represent important innovations in terms of constitutional law and transitional justice systems. Both processes contain mechanisms that encourage the constitution of the unity of the political body while ensuring future solidity and stability. From this perspective, the book deals with the importance of several concepts such as truth about the past, publicly shared memory, unity of the political body and public confession.
Debates about the legacy of colonialism in France are not new, but they have taken on new urgency in the wake of recent terrorist attacks. Responding to acts of religious and racial violence in 2005, 2010, and 2015 and beyond, the essays in this volume pit French ideals against government-sponsored revisionist decrees that have exacerbated tensions, complicated the process of establishing and recording national memory, and triggered divisive debates on what it means to identify as French. As they document the checkered legacy of French colonialism, the contributors raise questions about France and the contemporary role of Islam, the banlieues, immigration, race, history, pedagogy, and the future of the Republic. This innovative volume reconsiders the cultural, economic, political, and social realities facing global French citizens today and includes contributions by Achille Mbembe, Benjamin Stora, Françoise Vergès, Alec Hargreaves, Elsa Dorlin, and Alain Mabanckou, among others.
An award-winning historian and journalist tells the very human story of apartheid’s afterlife, tracing the fates of South African insurgents, collaborators, and the security police through the tale of the clandestine photo album used to target apartheid’s enemies. From the 1960s until the early 1990s, the South African security police and counterinsurgency units collected over 7,000 photographs of apartheid’s enemies. The political rogue’s gallery was known as the “terrorist album,” copies of which were distributed covertly to police stations throughout the country. Many who appeared in the album were targeted for surveillance. Sometimes the security police tried to turn them; sometimes the goal was elimination. All of the albums were ordered destroyed when apartheid’s violent collapse began. But three copies survived the memory purge. With full access to one of these surviving albums, award-winning South African historian and journalist Jacob Dlamini investigates the story behind these images: their origins, how they were used, and the lives they changed. Extensive interviews with former targets and their family members testify to the brutal and often careless work of the police. Although the police certainly hunted down resisters, the terrorist album also contains mug shots of bystanders and even regime supporters. Their inclusion is a stark reminder that apartheid’s guardians were not the efficient, if morally compromised, law enforcers of legend but rather blundering agents of racial panic. With particular attentiveness to the afterlife of apartheid, Dlamini uncovers the stories of former insurgents disenchanted with today’s South Africa, former collaborators seeking forgiveness, and former security police reinventing themselves as South Africa’s newest export: “security consultants” serving as mercenaries for Western nations and multinational corporations. The Terrorist Album is a brilliant evocation of apartheid’s tragic caprice, ultimate failure, and grim legacy.
Discusses how white South African students learn and confront their Apartheid past, and explores how this knowledge transforms both the students and the author, the first black dean of an historically white university.
This collection of essays by an international group of authors explores the ways in which law and legal institutions are used in countries coming to terms with traumatic pasts and, in some cases, traumatic presents. In putting to question what is often taken for granted in uncritical calls for reconciliation, it critically analyses and frequently challenges the political and legal assumptions underlying discourses of reconciliation. Drawing on a broad spectrum of disciplinary and interdisciplinary insights the authors examine how competing conceptions of law, time, and politics are deployed in social transformations and how pressing demands for reconstruction, reconciliation, and justice inform and respond to legal categories and their use of time. The book is genuinely interdisciplinary, drawing on work in politics, philosophy, theology, sociology and law. It will appeal to a wide audience of researchers and academics working in these areas.
The South African Truth and Reconciliation Commission (TRC) was set up to deal with the human rights violations of apartheid. However, the TRC's restorative justice approach did not always serve the needs of communities at a local level. Based on extended anthropological fieldwork, this book illustrates the impact of the TRC in urban African communities in Johannesburg. It argues that the TRC had little effect on popular ideas of justice as retribution. This provocative study deepens our understanding of post-apartheid South Africa and the use of human rights discourse.
The field of transitional justice has expanded rapidly since the term first emerged in the late 1990s. Its intellectual development has, however, tended to follow practice rather than drive it. Addressing this gap, Violence, Law and the Impossibility of Transitional Justice pursues a comprehensive theoretical inquiry into the foundation and evolution of transitional justice. Presenting a detailed deconstruction of the role of law in transition, the book explores the reasons for resistance to transitional justice. It explores the ways in which law itself is complicit in perpetuating conflict, and asks whether a narrow vision of transitional justice – underpinned by a strictly normative or doctrinal concept of law – can undermine the promise of justice. Drawing on case material, as well as on perspectives from a range of disciplines, including law, political science, anthropology and philosophy, this book will be of considerable interest to those concerned with the theory and practice of transitional justice.
This book describes and analyzes the conceptual ambiguity of vulnerability, in an effort to understand its particular applications for legal and political protection when relating to groups. Group vulnerability has become a common concept within legal and political scholarship but remains largely undertheorized as a phenomenon itself. At the same time, in academia and within legal circles, vulnerability is primarily understood as a phenomenon affecting individuals, and the attempts to identify vulnerable groups are discredited as essentialist and stereotypical. In contrast, this book demonstrates that a conception of group vulnerability is not only theoretically possible, but also politically and legally necessary. Two conceptions of group vulnerability are discussed: one focuses on systemic violence or oppression directed toward several individuals, while another requires a common positioning of individuals within a given context that conditions their agency, ability to cope with risks and uncertainties, and manage their consequences. By comparing these two definitions of group vulnerability and their implications, Macioce seeks a more precise delineation of the theoretical boundaries of the concept of group vulnerability.
Understanding apartheid is one of the first resources for schools that presents an in-depth examination of apartheid. Developed by the apartheid museum, it explores the origins of apartheid, how apartheid was implemented and its effects on every aspect of peoples lives both black and white.