Monday, August 24, 2009
Is the TJRC, Special Tribunal Irrelevant Institutions?
One commentator suggests that there is no need to drag the country through a painful TJRC process: 'We know the truth; just give us justice and reconciliation'. he points to numerous reports by various commissions and civil society organisations (both national and international) that have documented human rights violations over the years. Identifying the State as the main culprit, Dr Muhula seems to underplay and perhaps ignore individual responsibility in some of the alleged wrongs. All his prescriptions on how the country should proceed are targeted at State institutions. One wonders whether state-driven reconciliation can work in cases where identified perpetrators are fellow citizens and neighbours unaffiliated to the state or state objectives. His definition of 'justice' is somewhat ambiguous but seems to translate to a set of measures that exclude individual criminal sanction to which he makes but cursory mention. Do these arguments have merit?