Reconciliation

Duncan Morrow in the US Institute of Peace Insight Newsletter (Fall 2014) noted “Reconciliation,” according to the Concise Oxford Dictionary, means “to make friendly again after an estrangement” and “to make acquiescent or contentedly submissive to something previously disagreeable”….. Classical peacemaking focuses on the first definition, with its emphasis on mutual friendship and the making of new relationships on all sides. Politics … has often seen reconciliation in the second sense, as something the loser in a conflict must do to come to terms with reality.”

There is a view, as outlined by Morrow above, that reconciliation aims at rebuilding fractured relationships after a conflict. This objective is pursued through dialogue, sharing stories, mediation, or other peacebuilding activities that convene individuals, groups, or communities. The purpose of such activity is to foster those deep and lasting connections across the society considered essential to sustainable peace.

It is challenging to think of political entities engaging in such work, as the Morrow quotation indirectly implies. In politics, claims Morrow, reconciliation has a harder edge and reconciliation is more about the loser becoming “contentedly submissive” with the victor after a conflict ends.

Relationships at all levels matter following political conflict, as they determine whether and how the progress to peace and stability will be made. In a divided society, building a new road is never simply a technical task—it invariably requires negotiation and discussion about the benefits for each actor. Inevitably, harms due to past violence, even in the most mundane of policy decisions, will surface during that process.

Reconciliation is not about a simple decision to cooperate, or designing processes so former adversaries can work together with the long-term aspiration that deeper connections will follow. This could result in a forgive-and-forget mentality or, if Morrow is right, an approach akin to getting on with “negative peace” in a resigned manner. This approach is not conducive to long-term stability or what I understand reconciliation to be.

In the short-term, coexistence and cooperation might be all that is possible. However, if lasting peace is to be guaranteed, we cannot avoid addressing relationships in a deliberate and strategic way. Justice, apology, reparations, acknowledgement, and healing are part of this process— issues that are not separate from reconciliation but central to it.

Published by Brandon Hamber in US Institute of Peace Insight Newsletter (Fall 2014), click the link to also see  alerie Rosoux's Response to my comments and other articles on reconciliation in the edition.

US Circuit Court dismisses apartheid litigation

Today has effectively seen the end of the so-called Apartheid Lawsuit where members of the Khulumani Support Group had brought case against various companies for aiding and abetting violations under apartheid. The case has been dismissed after 10 years. Below I reproduce the full statement from Khulumani on this important issues. I would encourage all readers to contact Khulumani in this regard, contacts are below. Sad day for justice.

Press Release

Joint press release: US Circuit Court dismisses apartheid litigation
Issued by: Khulumani Support Group
[Johannesburg, 22 August 2013]

On Tuesday, 21 August 2013, the 2nd Circuit Court of Appeal dismissed the South Africa Apartheid Lawsuit. The basis of the dismissal was the argument that "the Alien Tort Statute does not reach the extraterritorial conduct in this case", a judgement of the US Supreme Court of Appeals in the Kiobel v Royal Dutch Petroleum Co. case, handed down in April 2013. After the Kiobel judgement, US-based companies may no longer be held accountable for human rights violations that did not take place within the United States.

The dismissal comes more than 10 years after the cases were first filed in a New York District Court in November 2002. The South Africa Apartheid Litigation sued corporations with significant US-based operations for their direct support of the apartheid security agencies. These corporate defendants had either directly, or through their South African subsidiaries, provided the equipment used by the South African apartheid security agencies in committing violations of customary international law. The lawsuit charged the identified companies with aiding and abetting the perpetration of extra-judicial killings, torture, prolonged and arbitrary detention, indiscriminate shooting, rape and the racial classification of the people of South Africa that determined their life prospects over decades. The corporations that stood charged of their complicity in the perpetration of these apartheid crimes included Ford Motor Company, General Motors Corp, Daimler AG, International Business Machines Corporation, Barclays Bank, United Bank of Switzerland, Fujitsu and Rheinmetall, among others.

"We are deeply disappointed by the decision of the 2nd Circuit Court of Appeal, though, in light of the Kiobel decision, it was to be expected," said Shirley Gunn, board member of Khulumani Support Group, the national membership organisation of victims and survivors of apartheid gross human rights violations. South African attorney for the claimants, Charles Abrahams, has said: "Notwithstanding its dismissal, the apartheid cases have contributed to the development of international law related to processes of holding corporations accountable for gross human rights violations. Corporations are increasingly aware that any human rights violations as a result of their operational conduct could attract international law liability."

"The dismissal of the cases, after so many years, once again leaves open and unresolved the unfinished business of the Truth and Reconciliation Commission," said advocate Dumisa Ntsebeza, former Truth and Reconciliation Commissioner. "Organised business has yet to account and take responsibility for their role during apartheid. They have a crucial role to play in helping to close the gap between the haves and the have-nots," said Marjorie Jobson, national director of Khulumani Support Group. "Many claimants have since died without receiving a cent. Only General Motors made a small contribution to which we'll now use to set up an Apartheid Reparations and Rehabilitation Trust Fund for the benefit of the claimants," said John Ngcebetsha and Medi Mokuena, attorneys for the claimants.

The latest decision highlights limitations in international law to hold transnational corporations accountable for complicity in the perpetration of gross human rights violations. In South Africa, the focus returns to the failures of the South African government to adequately and effectively deal with the provision of an inclusive programme of reparations to all victims and survivors of apartheid gross human rights violations – something the South African government claimed it was competent to provide in its original opposition to the South Africa Apartheid Lawsuit. All those disappointed by this latest development expect delivery on these assertions by the South African government.

For further information, you may contact:

Dr Marjorie Jobson, Khulumani Support Group, Mobile: (082) 268 0223, E-mail: marje@khulumani.net

Advocate Dumisa Ntsebeza, Duma Nokwe Group of Advocates, Mobile: (082) 467 2490, E-mail: ntsebeza@mweb.co.za

Charles Abrahams, Abrahams Kiewitz Attorneys, Mobile: (082) 560 7152, E-mail: Charles@ak.law.za

John Ngcebetsha, Ngcebetsha Madlanga Attorneys, Mobile: (082) 335 4189, E-mail: john@maaattorneys.co.za

Medi Mokuena, Mokuena Attorneys, Mobile: (078) 792 3038, E-mail: medim@mokuenaattorneys.co.za

Shirley Gunn, Human Rights Media Centre, Mobile: (082) 450 9276, E-mail: director@hrmc.org.za



Editorial contacts

Khulumani Support Group Marjorie Jobson (+27) 11 833 2044 marje@khulumani.net

Original Press Release on Khulumani.Net

30th International Congress of Psychology

I will be at the 30th International Congress of Psychology between 22-27 July 2012. This year it is held in Cape Town, South Africa. I will be involved in several presentations.

On Monday 23 July 2012, I will hosting a symposium at 11am, entitled "From the individual to the collective: Exploring social transformation through psychosocial Interventions". This symposium will report on the findings of Trauma, Peacebuilding and Development project with various authors of the case studies speaking. I will also present, with with Dr Elizabeth Gallagher our research on "Youth, masculinity, the past, and conceptualisations of trauma in post-conflict Northern Ireland".

On the Tuesday the 24th I am part of a symposium focusing on the issue of reparations after violent conflict entitled "Surviving gross human rights violations - exploring survivors' experience of justice and reparation". I will give a paper at 4:30pm called "Healing political wounds: The role of macro interventions in assisting victims of political violence".

Reparations in context

Today I am attending a meeting entitled "Reparations in context" as part of the 14th World Society of Victimology Symposium in The Hague. The event is organized by Redress, International Victimology Institute Tilburg, Grotius Centre for International Legal Studies, Leiden University and The Hague Institute for Global Justice. At this meeting, experts in the field of victimology are invited to share ideas and identify new topics that thus far have received less focused attention and need further consideration. The event is intended to find new avenues for the implementation of reparations for victims in international criminal proceedings that may result in new projects to be further developed after this meeting. A background document on reparations will serve as a starting point, though an open, small scale debate is envisaged in order to stimulate creative and innovative thinking.

My book launch in New York

My book launch in New York on 11 November 2009 went really well in New York. A "conversation" about the book with about 50 people. Also inputs from Graeme Simpson, Ruti Teitel, Alastair Ager. Chaired and organised by Jack Saul (thanks Jack). Great to also see some CSVR people.

New York Launch: Transforming Societies After Political Violence

My new book Transforming Societies After Political Violence will be launched in New York on 11 November 2009 at Columbia University. For details see Download invitation.

Transforming Societies after Political Violence

My book Transforming Societies After Political Violence: Truth, Reconciliation and Mental Health, now published by Springer in New York.

Transforming Societies after Political Violence offers a template for those tasked with providing truth, justice, reconciliation, and healing. This interdisciplinary study identifies complex relationships between recovery from political violence and the psychological processes that accompany widespread social change, showing how these can be integrated to strengthen both individual and society. Author Brandon Hamber draws on his extensive experience in South Africa and comparative examples from elsewhere to examine the centrality of mental health issues in transitional justice, and the social, cultural, and identity issues involved in meeting the needs of victims. In discussing reparations (what the author terms "repairing the irreparable"), the power of ambivalence, and especially concepts of closure, he eloquently sets out professionals’ roles in helping survivors move beyond the toxic past without covering it up or becoming mired in it. ISBN: 978-0-387-89426-3, Springer 2009

Available

Springer (Publisher)
Springer Online
Amazon (UK)
Amazon (US)

Endorsements
How to victims heal? We should not be too quick to presume. Those seeking truth and justice often prioritize victims’ interests – but without always fully understanding what those interests and needs are, or how different victims may recover in very different ways. Based on fifteen years of working with and listening to victims and survivors, Brandon Hamber helps us better understand the mental health backdrop to atrocity and recovery. With plentiful, poignant stories, and clear policy recommendations, this book should help shape – and greatly improve – future endeavors to confront unimaginable memories and pain (Priscilla Hayner, International Centre for Transitional Justice and author of Unspeakable Truths: confronting state terror and atrocity)

Brandon Hamber nails this tricky subject with humility, insight, learned insight, and golden recommendations..... if you are interested in how humans try to grapple with the consequences of man’s brutality to man, and ultimately the truth, read it! (Thulani Grenville-Grey, former South African Truth and Reconciliation Commission Mental Health Specialist)

Brandon Hamber's experience in multiple sites of transitional justice work, and his rare ability to bridge the academic and theoretical with the practical and logistical, ensures this publication is an extremely valuable contribution and a must read to those working in this fast evolving field (Piers Pigou, former South African Truth and Reconciliation Commission Investigator and Director of the South African History Archive).

Brandon Hamber has written a challenging and good interdisciplinary book, which will not only be helpful to those dealing with mental health issues during transitions from conflict, but also to lawyers and those concerned with conflict resolution more generally (Christine Bell, Director, Institute of Transitonal Justice, University of Ulster)

How countries recover from political atrocity is a question that has confronted dozens of regimes around the world for decades. The South African Truth and Reconciliation Commission is an iconic symbol of what for some is a profound achievement in restructuring a “peaceful society.” In Transforming Societies After Political Violence: Truth, Reconciliation, and Mental Health Dr. Brandon Hamber applies his many years of experience both within the Truth and Reconciliation Commission and beyond it to a careful analysis of the complex issues – legal, historical, social, psychological - embedded in such a process. It is his astute attention to these complexities that make his book so rich. Hamber says that “if the TRC process and working with the victims appearing before it taught me anything it was that the psychological life of the survivor of extreme violence is cut through by this complexity." His work is clear testimony to that statement Transforming Societies After Political Violence is a valuable resource for researchers, practitioners, scholars and policy makers. If you read one book about countries emerging from their violent pasts, it should be Dr. Brandon Hamber’s Transforming Societies After Political Violence. I will rely on this volume in my ongoing work and I predict it will become a definitive text in this area (Nina K. Thomas, Ph.D., ABPP, Chair, Specialization in Trauma and Disaster Studies; NYU Postdoctoral program in Psychotherapy and Psychoanalysis; Co-Chair, Relational Orientation; NYU Postdoctoral Program in Psychotherapy and Psychoanalysis; Adjunct Clinical Associate Professor NYU Postdoctoral Program in Psychotherapy and Psychoanalysis)

Hamber brings an acute clinical sensibility and sophisticated research mind to a complex problem: state handling of reconciliation after a catastrophic upheaval. … his main focus in this book is the South African Truth and Reconciliation Commission (TRC) process. … a must read for any psychologist working with trauma survivors, especially postconflict trauma survivors. It calls upon a rich literature–from psychoanalysis … to trial transcripts of commissions; it integrates all these sources to provide a truly unique contribution to the psychology of trauma." (Don Dutton, PsycCRITIQUES, Vol. 54 (47/3), November, 2009)

Handbook on Reparations launched

I have been meaning to post this for ages but last year (or maybe the year before), the International Center for Transitional Justice (ICTJ) launched its Handbook on Reparations edited by Pablo de Greiff. The ICTJ press statement "announced its global launch of The Handbook of Reparations, a groundbreaking collection of essays analyzing massive reparations programs for victims of human rights violations published by Oxford University Press. Over the coming month, events in The Hague, Brussels, Geneva, and New York will publicize and celebrate this tremendous accomplishment, reaffirming the Center’s deep commitment to working on reparations programs all over the world as an integral part of its holistic approach to transitional justice. At more than 1000 pages, this comprehensive study is the result of more than three years of intensive international and interdisciplinary research and the collaborative work of 27 authors from 14 countries. Written from a transitional justice perspective, the book employs a unique approach in examining national reparations programs by analyzing the experiences, needs, and impacts on victims". To read my chapter Narrowing the Micro and Macro: A Psychological Perspective on Reparations in Societies in Transition, email me and I will send you a copy. To find out more on the book click here, US or UK.

Political Apologies and Reparations: Working papers

The website on Political Apologies and Reparations maintained by Rhoda E. Howard-Hassmann at Wilfrid Laurier University invites submissions for its working papers series. Please see the Submission Guidelines on the website: http://political-apologies.wlu.ca. Papers should be submitted to political-apologies@wlu.ca.

TRC joins fight as apartheid victims and state clash

Christelle Terreblanche wrote an interesting piece in the Sunday Independent recently (22 January 2006), entitled "TRC joins fight as apartheid victims and state clash". It begins: "As the government prepares to celebrate the 10th anniversary of the Truth and Reconciliation Commission (TRC), two pending clashes show just how wide the gulf between civil society and the government over the commission's legacy has grown. On Tuesday Brigitte Mabandla, the justice minister, will square off against two sets of lawyers representing thousands of apartheid victims at an appeal hearing in New York over their 2002 compensation claims brought against foreign multinational companies and banks they accuse of aiding and abetting apartheid violence. The government is opposing the claims, saying the case interferes with South Africa's sovereignty and will impede foreign investment...". To read the article click here.

TRC, reparations and clashes with the SA government

For those of you following the debates concerning the international lawsuit by the Khulumani Victim Support Group against companies that aided the apartheid state and business a recent article in the Sunday Independent gives a good update. In sum, the ANC government continues to oppose the cases because they say it is against the countries interest and foreign investment. How strange for an ANC government to have such an opinion...is that not what those who did not believe in sanctions against apartheid SA would have said? To read the article click here.

Political Apologies and Reparations Website

A new website has been launched focusing on political apologies, which those responsible for the site at Wilfrid Laurier University, define broadly as apologies by a political or social entity (governments, religious organizations, or other bodies) for events that have harmed identifiable groups. To visit this interesting site click here.

Judge dismisses the so-called “apartheid lawsuits”

PRESS STATEMENT

December 1, 2004

Judge dismisses the so-called “apartheid lawsuits”

On 29 November, 2004, Judge Sprizzo dismissed the so-called “apartheid lawsuits” brought to the New York Court under the US Alien Tort Claims Act.

The Khulumani Support Group is not deterred by the judgment made by Judge Sprizzo in dismissing the Khulumani Lawsuit along with the other so-called “apartheid lawsuits”.

In contrast to the broader lawsuits of the other parties, the Khulumani Lawsuit has a legal focus which is much more clearly defined. The Khulumani Lawsuit must be considered independently of these other lawsuits, and notice to appeal the judgment dismissing the lawsuit has been filed in a higher court in the USA.

Khulumani Support Group will shortly be commencing a national awareness campaign – “Say Yes to Redress” – on the Day of Reconciliation, 16 December 2004.

“We will never give up. Securing justice will be a long and arduous journey, but we will undertake it. This is just the beginning of the struggle for real justice.”

Khulumani will continue to be the voice for those South Africans living marginal existences, for those still searching for the remains of their children murdered by apartheid security forces; and for those left incapacitated in multiple ways by human rights violations.

On World AIDS Day 2004, Khulumani acknowledges that poverty and undernutrition are risk factors for the development of AIDS in those infected with HIV. It is befitting that we remember that the root causes of poverty in South Africa were part of a deliberate strategy by the apartheid government to keep the majority of the people of this country from developing their own voice. Khulumani means “speak out” and is the voice of over 44000 members.

Notes to editor:

Khulumani Support Group’s membership are direct and indirect victims of gross human rights violations committed during the apartheid era. The Truth and Reconciliation Commission stated that for reconciliation to take place, reparations and rehabilitation were needed. In the fifth year after the TRC handed in its report to government, reparations began to be paid out in the amount of R30 000,00 per identified victim.

The unheard voices of countless other victims have been ignored and instead, the process of amnesty has not only let many perpetrators completely off the hook; some of them have received handsome pension payouts and, ten years later are receiving treatment, paid for by the State, for post-traumatic stress disorder. The post-traumatic stress of being a victim appears to have been completely overlooked.

Issued by: Campaign Coordinator Khulumani International Lawsuit Campaign c/o Khulumani Support Group National Office 3rd Floor Heerengracht Building 87 de Korte Street Braamfontein 2017 Johannesburg Tel: +27-11-403-4098 / 4396 Fax: +27-11-403-0878 E-mail: redress@khulumani.net Website: www.khulumani.net

Should business pay for apartheid?

Should business pay for apartheid?
Jon Robins wrote an interesting article in The Times recently, the article begins, "WHAT responsibility does IBM have for South Africans beaten and tortured under apartheid? A connection might not be apparent but Michael Hausfeld, an American lawyer, is arguing that there is one. The computer giant is one of 20 multinationals (including British ones such as Barclays Bank) being sued via the US courts under an arcane 18th-century statute for their role in supporting a racist regime. Last week Hausfeld, who was a leading lawyer in the legal action against the Swiss banks for Holocaust survivors, filed an amicus brief -or legal opinion -in a New York court on behalf of the Khulumani Support Group (the name means "speak out" in Zulu). "The decisions made by this court will shape the future of human rights litigation," he argues. "They will reverberate beyond the courthouse walls to the ears of officials and private (citizens) across the world." To read more of this article visit The Times Law Page, click on the link down the page and register. It is free and easy.

Should business pay for apartheid?

Jon Robins has recently written a good piece in The Times outlining the details of Apartheid reparations lawsuits and what separates out the difference cases. He also highlights the support of the Khulumani Victim Support Group case by Archbishop Tutu and a range of others. The article begins by asking "What responsibility does IBM have for South Africans beaten and tortured under apartheid? A connection might not be apparent but Michael Hausfeld, an American lawyer, is arguing that there is one. The computer giant is one of 20 multinationals (including British ones such as Barclays Bank) being sued via the US courts under an arcane 18th-century statute for their role in supporting a racist regime. Last week Hausfeld, who was a leading lawyer in the legal action against the Swiss banks for Holocaust survivors, filed an amicus brief -or legal opinion -in a New York court on behalf of the Khulumani Support Group (the name means "speak out" in Zulu). "The decisions made by this court will shape the future of human rights litigation," he argues. "They will reverberate beyond the courthouse walls to the ears of officials and private (citizens) across the world."

Job Robins goes on to note that "Certainly, the document will be hard to ignore, as much as the South African Government would like to. Archbishop Desmond Tutu, other members of the South African Truth and Reconciliation Commission and dozens of international human rights groups are signatories. The reason for its timing is a ruling by the US Supreme Court (Sosa v Alvarez-Machain) on the Alien Tort Claims Act 1789. That controversial legislation allows companies to be sued in the American courts for human rights breaches committed anywhere in the world". If you would like to read more about this visit The Times site Law Page and link to the story on their home page. You will need to register with them to read it, but registration is free and if you are interested in this case the article is very enlightening.

Hausfeld files an Amicus Brief

PRESS STATEMENT

September 29, 2004

Hausfeld files an Amicus Brief in support of Khulumani's lawsuit endorsed by many heavyweights in the international human rights movement

September 29, 2004 Tonight, Michael Hausfeld, the human rights lawyer representing the Khulumani Support Group, filed an amicus brief -or legal opinion -in a New York court in support of Khulumani's litigation against specific foreign corporations which aided and abetted the apartheid government. "The decisions (to be) made by the court charged with deciding on this lawsuit, will shape the future of human rights litigation and will reverberate beyond the courthouse walls to the ears of officials and private (citizens) across the world", says Hausfeld. The amicus brief has been endorsed by 207 signatories, including Archbishop Desmond Tutu, Joseph Stiglitz and Charles Ogletree.

Khulumani filed their lawsuit in New York in November 2002 using the Alien Tort Claims Act 1789 - a controversial legislation which allows companies to be sued in the American courts for human rights breaches committed anywhere in the world. The reason for the timing of the present filing is the June 29 ruling by the US Supreme Court on the applicability of the Alien Tort Claims Act 1789 (the Sosa v Alvarez-Machain ruling) which confirmed that companies could be sued in the American courts for human rights violations committed anywhere in the world. British human rights lawyer, Martyn Day says, "This 1789 Act is considered the most progressive and prohuman-rights law on the US statute books".

Khulumani's lawsuit seeks to hold 23 multinational corporations accountable for their role in supporting an environment in which Gross violations of human rights were made possible. The case represents the strongest case yet globally for advancing the extension of fundamental human rights to include the practices of governments and foreign multinationals anywhere in the world and to obligate adherence to behaviour that respects basic human dignity and provides redress for violations of these universally recognised norms and standards. "These are rights that should be litigated in every judicial system in the world", says Hausfeld.

The only obstacle standing in the way of "an automatic acceptance" of the case is seen as the opposition of the South African Government which called on the US courts in July last year to dismiss all apartheid-related cases in US courts on the grounds that these would have the effect of setting up a surrogate government (on account of the quantity of damages being requested) and that they would undermine the contributions that "corporate South Africa are already making to(wards) the broad national goal of rehabilitating the lives of those affected by apartheid".

But, these arguments do not apply to the Khulumani lawsuit which names as defendants only those foreign corporations that refused to participate in the TRC process and that failed to take responsibility for their involvement in the apartheid state's security apparatuses. The Khulumani lawsuit seeks to engage corporations in a dialogue in relation to what they might contribute towards repairing the damage done to individuals and communities in South Africa. The Khulumani action is likely to be the crucial test for the 1789 Act. It is certainly the most credible of the apartheid lawsuits claims and with the existing endorsements, it will be hard to ignore.

FOR MORE INFORMATION, please contact:

Marjorie Jobson, Chairperson, Khulumani Support Group, mrjobson@lantic.net Tel: +27-82-268-0223; or Charles Abrahams, Attorney, Abrahams Kiewitz Attorneys, ak-law@iafrica.com Tel +27-21-934-4842 or visit the website www.cmht.com

Endorse the Apartheid Lawsuit

Today the Khulumani group launched a campaign to get endorsements for their lawsuit against companies that supported apartheid. To read more about this, and consider whether you will endorse the campaign, click here.

Endorse the Khulumani lawsuit

ADVANCE INTERNATIONAL HUMAN RIGHTS

Endorse the Khulumani lawsuit

On 11 November 2002, the Khulumani Support Group, an organisation of survivors of apartheid violence, instituted a lawsuit in the U S against 23 multinational corporations, for their role in human rights abuses committed in apartheid South Africa. The lawsuit is supported by Jubilee South Africa and a number of national and international organizations. Khulumani alleges that these corporations supplied financing, technology, transportation, oil and arms to the Apartheid government and in so doing, aided and abetted the Apartheid government to violate international law. With their support the apartheid government committed extra-judicial killing, torture, sexual assault, prolonged arbitrary detention, and crimes against humanity. Apartheid has been officially recognised as a crime against humanity by the United Nations

The Khulumani lawsuit provides a strong opportunity to develop and build upon a new global principle, which would be binding on nations, national leaders and multinational corporations. The principle is to hold corporations liable and to secure redress for universally recognised violations of customary international law.

The right of foreigners to institute lawsuits in the United States was upheld by the U S Supreme Court, on 29 June 2004, despite objections from corporations and the US, British, Swiss and other governments. This represents a victory for human rights globally.

But the victory is under threat because some governments, including our own, and some of the world’s largest multinationals are opposing the so-called “apartheid lawsuits”. The reasons advanced by our government for their opposition to the lawsuits, do not apply to the Khulumani lawsuit.

What are the facts of the Khulumani litigation?

The Khulumani lawsuit names as defendants foreign corporations that refused to participate in the TRC process and that failed to take responsibility for their involvement in the apartheid state’s security apparatuses.

The Khulumani lawsuit does not seek to undermine the sovereignty of democratic South Africa. It seeks rather to strengthen South Africa’s constitutional democracy.

The Khulumani lawsuit does not seek any action that is inconsistent with government’s approach to achieving its own long-term goals. It supports programmes of community reparation and rehabilitation. Please join us in making national judicial systems acknowledge the supremacy and universality of a rule of law, which obligates adherence to behaviour that respects basic human dignity.

For more information, you can contact:

Khulumani Support Group, c/o Marjorie Jobson or Tel: +27-82-268-0223

Jubilee South Africa, c/o Makoma Lekalakala or Tel: +27-11-403 7622

Abrahams Kiewitz Attorneys, c/o Charles Abrahams or Tel +27-21-934-4842

or visit the website www.cmht.com ENDORSE THE KHULUMANI LAWSUIT by sending a message of support to or by cutting out this advertisement, signing it and faxing it to +27 (011) 339 4560.

I / we endorse the Khulumani litigation and request the South African government to clearly distinguish the Khulumani litigation from the other so-called “apartheid lawsuits” by either withdrawing their affidavit to the New York court or by writing to the judge to clarify that their affidavit does not apply to the Khulumani lawsuit.

Signed: ______________________________

Date: ________________________________

Organisation: _______________________________________________________________

Repairing the Past: Reparations and Transition to Democracy

In March I attended a symposium entitled Repairing the Past: Reparations and Transition to Democracy that was jointly held by the IDRC and the ICTJ in Ottawa. The summary report on the event is now available.

Campaign to Save the Alien Tort Claims Act

The Campaign to Save the Alien Tort Claims Act, more...