RIREC workshop features lecture by Charles Villa-Vicencio,
former TRC Research Director
There is a simple yet profound lesson to be learned from
the successful transition from racial conflict to a non-racial
democracy in South Africa, said Charles Villa-Vicencio, Executive
Director of the Institute for Justice and Reconciliation
and former Research Director for the South African Truth
and Reconciliation Commission (TRC). “Talks are important;
even talks about talks are important. Military power can
achieve only so much. Peace and legitimate power are ultimately
negotiated.”
Villa-Vicencio, a participant in the Kroc Institute’s Research
Initiative on the Resolution of Ethnic Conflict (RIREC),
presented a thought-provoking lecture focusing on the lessons
learned from South Africa’s TRC as part of the project’s
inaugural workshop on September 24-25. An internationally-
recognized scholar on the TRC, Villa-Vicencio will lend his
expertise to RIREC’s “transitional justice” research cluster.
After presenting a brief history of South Africa in relation
to apartheid, Villa-Vicencio turned to the relatively nonviolent
end to apartheid, which Archbishop Desmond Tutu proclaimed, “a
miracle.” He observed that, after the Soweto protests in
1976, “both sides realized that neither was strong enough
to defeat the other.” Thus, any resolution of the conflict
would have to be built on some kind of political compromise.
The TRC emerged as a bridge between the old and the new.
The only other options appeared to be a blanket amnesty or
Nuremberg-type trials, neither of which would have been likely
to work, noted Villa-Vicencio. A blanket amnesty would have
left victims without any recompense or even public acknowledgment
of the wrongs done to them, which could have led to further
eruptions of violence.
On the other hand, seeking to prosecute perpetrators would
have likely led to only a few successful convictions, given
the difficulties inherent in prosecuting political crimes
and the strain this would place on the justice system during
a difficult transition. Moreover, prominent criminal trials
can easily become show-trials, undermining the quest for
a historical account of the past.
Of course, not everyone was convinced that the TRC was the
mechanism for transitional justice. “The TRC was always more
popular outside than within South Africa,” he said. Many
South Africans remain ambivalent about the TRC, given how
the past remains present in the form of poverty, oppression,
and crime. However, most think the TRC did help South Africa
move through a difficult time.
According to Villa-Vicencio, one of the major achievements
of the TRC is that it has led to the beginning of a rights-based
culture in which people are aware of the existence of certain
basic rights that cannot be taken away. He cautioned however
that the two unresolved issues — poverty and racism — could
bring the new South Africa to its knees.
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Colloquy > Issue 1 (Spring 2002)