This evening, the South African Historical Archives (SAHA) received a detailed repsonse to the request it submitted to the TRC Unit for information on which TRC-identified individuals had managed to access reparations in the interim period between the payment of final reparations packages of R30,000.00 to TRC-identified victims and the present gazetting of reparaitons regulations.
Significantly, it has taken the DOJ just one week to give the SACTJ answers to their questions.This is the kind of responsiveness that we have been seeking for the six years since the institution of the TRC Unit in the Department of Justice.
On 11 May 2011, the Department of Justice and Constitutional Development (DOJ&CD) gazetted regulations for the payment of educational assistance and health benefits exclusively to victims identified by the TRC. The regulations were gazetted after a very superficial consultation process with victims and other stakeholders.
Significantly, the London-based organisation, REDRESS, that coordinates the Victims Rights Working Group at the International Criminal Court, today published the outcomes of its consultative work on the rights of victims of gross human rights violations. The report is called Justice for Victims: The ICC's Reparations Mandate.
The report supports the position of Khulumani Support Group that has consistently advocated for deadlines to be extended as necessary to include all victims who suffered gross human rights violations. Furthermore, the report highlights the importance of establishing dedicated strategies to notify victims and it calls for targeted outreach to victims to be conducted.
MANILA — The last time Nilo Olegario heard his son's voice was in a telephone call 25 years ago, shortly before the strongman Ferdinand E. Marcos fled the Philippines in the face of a "people power" uprising.
"Dad, we've got to hide because they are arresting us," Mr. Olegario said, quoting his son, then a member of the opposition. "I just told him, 'Be careful; take care of yourself.' " But like many others during Marcos's 20 years in power, he said, his son "just disappeared."
Khulumani Support Group welcomes the opportunity to make this submission to the Portfolio Committee on Defence and Military Veterans on the Military Veterans Bill (B1-2011).
Khulumani notes that while many made sacrifices as members of political movements and thereby lost potential educational and job opportunities with associated earnings, many victims sustained equally devastating losses of breadwinners and children and physical and mental health. Khulumani
believes therefore that veterans and victims should be equally considered for benefits within a programme of reparation and compensation for sacrifices made in the liberation struggle.
The UN Basic Principles and Guidelines on the Right to a Remedy and Reparation ... assert that victims of human rights abuses have a right to prompt, adequate and effective reparation. A duty exists in international law to provide reparations to repair trampled rights and the harms & indignities that resulted.
A government & its leaders are legitimate if they embrace: 1.Dignity. 2. A concern for justice through balancing power & responsibility. 3.A concern for the public good. It follows that the resolution of the 'unfinished business' of the TRC through a commitment to comprehensive reparations will powerfully indicate our choice to fulfill our promise & our potential.
This High Court application of June 2002 by Khulumani Western Cape is essentially an application seeking access to information pertaining to the Government's reparation policy and seeking an order directing that such reparation policy be provided to the Applicants. In the alternative, and in the
event that it is the stance of the Respondents that there is no reparation policy in existence, the Applicants seek an order compelling the Government to provide such policy as soon as reasonably possible and compelling the Government to pay out urgent interim reparations until such time as the policy is prepared or until such time as there is a reparation policy.