Human Rights Watch welcomed the release of the Truth and Reconciliation Commission's (TRC) draft report as an important step in establishing the truth about past human rights abuses committed in South Africa.
It is disturbing to see South Africa's political leadership undermine the vitally important work of the truth commission," said Kenneth Roth, Executive Director of Human Rights Watch. "The draft report offers all South Africans and the world at large the opportunity to learn from South Africa's suffering during apartheid. We call upon those responsible for the abuses committed by all sides to rise to this historical occasion and acknowledge their role in human rights abuses. Such acknowledgment is an essential step in reconciliation."
At a ceremony in Pretoria today, Archbishop Desmond Tutu, the chairperson of the Commission, handed over the five-volume report to President Nelson Mandela. The report documents the widespread human rights abuses committed during the apartheid era in South Africa, implicating many apartheid government officials as well as the ANC and other liberation organizations.
Human Rights Watch expressed disappointment with the TRC's decision to excise findings from their draft report implicating the last president of the apartheid era, F.W. De Klerk. Human Rights Watch urged the TRC to take the necessary steps to ensure that all those proved responsible for abuses would be named in its final report.
Human Rights Watch condemned the attempt by the ruling ANC to prevent the release of the draft report, and urged its leadership to take responsibility for the abuses committed during its liberation struggle. ANC Secretary-General Kgalema Motlanthe attempted to block the release of the TRC report through a court application which was rejected early today. In the application, the ANC accused the TRC of "criminalizing the struggle for the liberation of the people of South Africa," and argued that if the ANC had to be bound by the requirements of the laws of war, South Africa's liberation struggle might have failed.
Human Rights Watch emphatically rejects the view advanced by the ANC that it should be held to a lower standard of scrutiny because it was fighting a just war against an oppressive system. The abuses committed by the ANC during its liberation struggle, including the targeting of innocent civilians in bombing campaigns and the torture and summary executions of suspected collaborators at ANC camps, cannot be justified by reference to the justice of its struggle. The objectives of any military or political campaign do not affect the obligations of all parties to respect the rules of war and the principles of international humanitarian law.
"The argument advanced by the ANC that they should not be held accountable for their abuses because they were committed in the furtherance of a legitimate struggle are directly contrary to the principles of international law," said Peter Takirambudde, Executive Director of the Africa Division of Human Rights Watch. "We urge the ANC to take responsibility for the abuses committed by its forces during the apartheid era, and to stop hiding behind the legitimacy of its struggle against apartheid."
Human Rights Watch strongly supports the call by the TRC to prosecute individuals who committed gross human rights violations and did not seek amnesty. Calls for a blanket amnesty should be rejected, as all individuals had the opportunity to seek amnesty from the TRC.
