TRC Final Report

Volume 6

Section 2

Chapter 1

Subsection 1

Report of the Reparation and Rehabilitation Committee

■ INTRODUCTION

1. In 1998, the Reparation and Rehabilitation Committee (RRC) reported on its work and presented its policy recommendations to the President .¹ This formed part of the Final Report of the Truth and Reconciliation Commission (the Commission), which was handed to the President of South Africa on 28 October 1998. In that chapter, the RRC discussed the need for reparation and the moral and legal obligation to meet the needs of victims of gross human rights violations. The RRC also outlined the nature and progress of the urgent interim reparation (UIR) programme and submitted a comprehensive set of proposals for final reparations . The present chapter needs to be read in conjunction with that earlier chapter.

MANDATE OF THE REPARATION AND REHABILITATION COMMITTEE

2. The RRC received its mandate from the Promotion of National Unity and Reconciliation Act No. 34 of 1995 (the Act)², which made provision for re p aration s for those who had suffered human rights violations.

3. As stated in the Final Report of the Commission, the Preamble to the Act stipulates that one of the objectives of the Commission was to provide for:

the taking of measures aimed at the granting of reparation to, and the rehabilitation and the restoration of the human and civil dignity of, victims of violations of human rights; …

4. As an integral part of the Commission, the RRC was required to draw up a set of recommendations to the President with regard to:

(i ) the policy which should be followed or measures which should be taken with regard to the granting of reparation to victims or the taking of other m e a s ures aimed at rehabilitating and restoring the human and civil dignity of victims;

(i i ) m e a s u res which should be taken to grant urgent interim reparation to victims; …³

5. Furthermore, section 25(b)(i) of the Act stipulates that the RRC may:

make recommendations which may include urgent interim measures as contemplated in section 4(f)(ii), as to appropriate measures of reparation to victims; …

6. The Act also provides for referral to the RRC by the other Committees of the Commission. Thus:

When the Committee [on Human Rights Violations] finds that a gross violation of human rights has been committed and if the Committee is of the opinion that a person is a victim of such violation, it shall refer the matter to the Committee on Reparation and Rehabilitation for its consideration in terms of section 26. ⁴

7. Similarly :

(1 ) Where amnesty is granted to any person in respect of any act, omission or offence and the [Amnesty] Committee is of the opinion that a person is a victim in relation to that act, omission or offence, it shall refer the matter to the Committee on Reparation and Rehabilitation for its consideration in t e rms of section 26. ⁵

(2 ) W here amnesty is refused by the Committee and if it is of the opinion that – (a ) the act, omission or offence concerned constitutes a gross violation of human rights; and (b ) a person is a victim in the matter, it shall refer the matter to the Committee on Reparation and Rehabilitation for consideration in terms of section 26.