Individuals and communities who suffered gross human rights violations during apartheid have a right to reparation both under international and South African law. Yet, the South African government has failed to fully implement the recommendations for reparations made by the Truth and Reconciliation Commission (TRC). Thanks to funding from Open Society – Africa, SACTJ now has funding to take forward its reparations project.
Purpose of SACTJ’s reparations project:
Since the TRC reports were published, civil society has been in a long and protracted struggle to compel government to pay the reparations which were recommended by the TRC. SACTJ and its members have engaged with government over decades to advocate for comprehensive reparations to be paid out.
Government has had no mandated policy guiding reparations, instead implementing administrative regulations which have failed to provide appropriate and inclusive redress.
In spite of the post-Apartheid state’s commitment to paying reparations, the reparations policy recommended by the TRC and international obligations to implement reparations, the state has failed to provide redress to victims of apartheid-era gross human rights violations at numerous levels. These failures include an arbitrary decision to decrease amounts paid as compensation; a failure to implement community rehabilitation projects and housing benefits; limited implementation of educational and medical benefits; and unlawful limitations imposed by the government on the category of victims who can claim reparations.
SACTJ is currently implementing an OSF-Africa-funded two-year project, which aims to mobilise civil society and stakeholders to develop a mandated policy and process that is inclusive, victim-centred and human rights based, that will recognise and provide redress for persons who suffered gross human rights violations under apartheid.
SACTJ’s proposed intervention is built on its members’ experience and capabilities.
SACTJ’s project on reparations includes:
These inform both civil society strategy on reparations going forward and the development of a draft reparations policy.
To inform the draft policy on reparations.
Should the government fail to engage with advocacy efforts concerning reparations policy, SACTJ will pursue strategic litigation to enforce the rights of victims.
The intervention will be accompanied by the fully-fledged media strategy aimed at raising awareness amongst victims and society at large on issues related to reparations, and building public support.
The failure by the government to adopt a reparations policy until now has led to the mobilization of civil society to make this happen. SACTJ’s strategy aims to ensure that government meaningfully engages with civil society on the issue of reparations. Using the information gained through research and consultation, SACTJ will propose a mandated policy on reparations.
SACTJ is currently preparing to conduct a provincial mobilisation exercise to develop a mandate from civil society stakeholders and beneficiaries to inform the national policy on reparations for victims who suffered gross human rights violations during apartheid.
A reference group of SACTJ members and experts will guide and inform the research consultants.
