06 ANT 3-3 Wilson (JB/D) 7/8/03 1:03 pm Page 367 Anthropological Theory Copyright © 2003 SAGE Publications (London, Thousand Oaks, CA and New Delhi) Vol 3(3): 367–387 [1463-4996(200309)3:3;367–387;035243] Anthropological studies of national reconciliation processes Richard Ashby Wilson University of Connecticut, USA Abstract This article examines how social researchers have evaluated the rise of institutions to create ‘national reconciliation’ in countries emerging from authoritarianism and state repression. Reconciliation has been counter-posed to retributive justice by new political and religious elites, who have instead sought to construct a new notion of the national self and psyche, and in so doing used organic models of state and society and metaphors of illness and health in the body politic. Intellectuals such as the legal scholar Minow have applauded these efforts as attempts to transcend the limitations of law and legal discourse in order to construct a different kind of public space and collective memory, and to engage in emotional and psychological healing. Anthropologists have taken a more mixed and critical view. Some such as Buur and Ross have asserted that truth commissions are not free of the positivism which characterizes the legal process and which excludes certain types of voice and subjectivity and creates silences of its own. Others such as Borneman and Wilson have criticized reconciliation strategies for undermining the rule of law and they have asserted that democratizing regimes must instead attempt to rebuild accountability, and thereby state legitimacy, through retributive justice. Key Words anthropology of human rights • political violence • reconciliation • retributive justice • transitional justice • truth commissions Plato recognizes only one ultimate standard, the interest of the state. Everything that furthers it is good and virtuous and just; everything that threatens it is bad and wicked and unjust. Actions that serve it are moral; actions that endanger it, immoral. In other words, Plato’s moral code is strictly utilitarian; it is a code of collectivist or political utilitarianism. The criterion of morality is the interest of the state. Morality is nothing but political hygiene. (Popper, 1945: 107) 367 06 ANT 3-3 Wilson (JB/D) 7/8/03 1:03 pm Page 368 ANTHROPOLOGICAL THEORY 3(3) I THE HISTORICAL CONTEXT OF NATIONAL RECONCILIATION The idea of ‘national reconciliation’ emerged from a particular set of historical and political experiences, namely the transitions to liberal democracy that occurred at the end of the Cold War. These transitions from authoritarianism to civilian elected rule began with Argentina in 1983 and culminated in the end of apartheid in South Africa in 1994. In between these dates, a number of elected civilian governments replaced military dictatorships in Latin America and communist regimes in the former Soviet Union and countries of eastern Europe. In all of these countries, the same kinds of questions were raised in peace talks and afterwards. What will happen to perpetrators of gross human rights violations and how will victims be compensated? How can a new official version of historical events be created which challenges the distortions and falsifications of repressive regimes? How can the memory of those who suffered from political violence be included in a new official history? The depth of these political transformations varied widely, but in most cases accountability for past crimes was heavily constrained by the continued institutional power of old elites in reformed state institutions. Famously, General Pinochet, who was responsible for the 1973 coup and the torture and murder of up to 4000 political opponents, continued to command the Chilean armed forces as Defense Minister after the handover of the executive to a civilian opposition leader, Patricio Aylwin. Apartheid-era President F.W. de Klerk was Nelson Mandela’s vice president for two years from 1994 to 1996 in a power-sharing Government of National Unity. Military and political leaders of the ancién regime took advantage of their sustained institutional power to pass successive amnesty laws. In Guatemala, there were 12 amnesties between 1982 and 1988 when approximately 75,000 were killed in a vicious counter-insurgency war.1 Most involved blanket amnesties, with one or two exceptions such as in South Africa, where individuals had to prove that they were acting on higher orders and with political intent. Apart from a few exceptions, amnesties were not directly challenged by incoming political elites.2 In only a very small number of cases were political leaders ever brought before a court, for instance in the successful prosecution of East German former head of state Eric Honecker. In Argentina, President Alfonsín brought successful prosecutions against high-ranking military leaders, only to have them pardoned by President Menem a few years into their sentences. The case in South Africa against former apartheid-era Defense Minister Magnus Malan collapsed in 1996 due to basic failures on the part of the prosecution and the Attorney General’s office. By and large, the vast majority of police, military and paramilitary death squad members who committed murder, rape, torture and kidnapping walked free in the streets of the newly democratic states. A wall of impunity and silence protected them from judicial redress, and sealed off the past from legal retribution in the present. For the anti-authoritarian political opposition, now walking in the corridors of state power, impunity was seen as a necessary political compromise. It was argued by President Nelson Mandela and Argentina’s President Carlos Menem that pardon was the ‘price of peace’. Some, such as former Archbishop Desmond Tutu, argued that amnesty was necessary to avert further bloodshed and this is why South Africa’s transition was ‘peaceful’.3 Others in Latin America, such as Guatemalan civilian President Vinicio Cerezo, observed that their countries had endured decades of military rule, and the most important goal was democratic consolidation, however minimal and incremental, 368 06 ANT 3-3 Wilson (JB/D) 7/8/03 1:03 pm Page 369 WILSON National reconciliation processes and even if it did not directly challenge the foundations of military authority and control. In the context of widespread impunity, international and national human rights organizations lobbied successfully for a small measure of accountability. Even if perpetrators could not be brought to court, tried and sentenced, then at least the truth could be told about state crimes. Transnational human rights organizations such as Amnesty International and Human Rights Watch argued for domestic prosecutions, but most settled for thoroughly documenting abuses, in the hope that it might lead to justice in the future. ‘Truth commissions’ were set up to carry out this official documentation and history-writing, and roughly 20 such commissions – depending on how you define and count them – were established between the 1970s and the present day, with the majority (15) established in the latter years of the Cold War (1974–1994). Some commissions were sanctioned and operated by the new state, others by the United Nations and still others by the Catholic church and non-governmental organizations. All of them shared the same task of documenting ‘who did what to whom, when and where’, but they fulfilled this task in many different ways. A few named perpetrators (as in South Africa and El Salvador), whereas the majority (e.g. in Chile, Argentina, Uruguay and Guatemala) did not officially name individuals guilty of politically motivated violent crimes, preferring to assert ‘institutional responsibility’. Truth commission reports tended to report ‘the bare facts’ about individual abuses, and most did not write a serious structural or historical account which integrated individual violations into a wider analysis of the causes and motivations of political violence.4 This truth-writing project was valuable and necessary to overturn the relativist deformations and denials of truth carried out by repressive regimes.5 If political violence and genocide have taught us anything about epistemology, it is that relativist and tautological theories of truth do not assist either allocation of responsibility or the breaking of a regime of denial. Yet new democratizing political elites went a step further than establishing salient truths about state terror. They overlaid a truth-finding project with a morally thick project of national reconciliation in order to legitimize tarnished state institutions. The slogan for the South African Truth and Reconciliation Commission would be, therefore, ‘Reconciliation Through Truth’, and the clear aim would be post-apartheid nation building. The ideological power of truth finding was harnessed to the project of instilling public moral values and constructing a new, shared vision of the nation. Nation-building strategies appropriated and absorbed truth-finding, and a collectivist vision of politicized morality took precedence over the liberal humanitarian project initiated by human rights organizations. In this way, truth commissions became one of the main ways in which new elites sought to manufacture legitimacy for tarnished state institutions. And yet, at the heart of these transitions to liberal democracy was an irresolvable contradiction, between the formalized approbation of individual rights, constitutional freedoms and the rule of law on the one hand, and the suspension and abrogation of these rights and freedoms where they concerned the past political conflict on the other. Individual freedoms and entitlements were proclaimed, but then quickly subordinated in the area of justice to state morality and elite interests. A culture of human rights was constructed upon the quicksand of a culture of impunity. In many cases, as in the amnesty deal struck between the African National Congress and the National Party in 1994, or between the guerrilla URNG and Guatemalan 369 06 ANT 3-3 Wilson (JB/D) 7/8/03 1:03 pm Page 370 ANTHROPOLOGICAL THEORY 3(3) government in 1994, opposition figures were party to the amnesty negotiations themselves. In the new political dispensation, they had to convince their political constituencies of the need for political compromise after so many years of sacrifice and hardened opposition, and truth commissions and the language of national reconciliation became the preferred discourse. This, more than any other factor, explains the widespread popularity of truth commissions and other national reconciliation projects. Truth commissions were promoted by political elites as a mechanism to construct a new ideological hegemony in the area of justice, rights and public morality, a hegemony which diverted popular legal consciousness away from legal retribution and financial compensation. Whether in Latin America or South Africa or elsewhere, political and religious elites used a remarkably similar language of reconciliation, and their discourse was characterized by the following features: the construction of a new notion of the national self and psyche, the use of organic models of nation, the use of metaphors of illness and health and the creation of formulations of the common good which exclude retribution and encourage forgiveness. These discursive forms are not peculiar to truth commissions or even democratizing regimes, but are features of nationalist discourse. Nationalist discourse often constructs the ‘national self ’ in opposition to the essentialized practices or beliefs of other, usually surrounding, countries. Truth commissions, on the other hand, construct the national self with regard to the violent nation of the past rather than against other nations in the present, and they assert a discontinuity with that same past. The new national self is one which is forged in the suffering and violence of the past, but no element of that political past has entered into the present. The present political order is presented as purified, decontaminated and disconnected from the old authoritarian order. Truth commission hearings construct a new vision of the national self by inscribing the individual into a new national narrative on personhood. Belinda Bozzoli (1998), a sociologist who has written about the TRC hearings in Alexandra township in Johannesburg, refers to the ‘sequestration of experience’ when individual narratives were subordinated to community histories and new national narratives on the experience of apartheid. Idiosyncratic and unique individual psyches disappear into the melting pot of a new official ‘collective memory’. Although they may formally appeal to international human rights, national reconcilers deploy an organic model of state, culture and society which again has its origins more widely in nationalist and statist discourse and, if we look even further back, to Plato’s Republic. In this view, the body politic is not constituted by morally autonomous individual citizens but by general principles of organicism, holism and collectivism in which it is the purpose of the individual to maintain social harmony and the unity, stability, and good health of the state. These views are widely expressed in the media and in literature on the subject, but come to their fullest expression in the writings of Desmond Tutu. In justifying the amnesty legislation in South Africa, Tutu writes: Social harmony is for us the summum bonum – the greatest good. Anything that subverts or undermines this sought-after good is to be avoided like the plague. Anger, resentment, lust for revenge . . . are corrosive of this good. (1999: 35) The main metaphor of the organic state is the body politic as a sick body that is in need of healing. Truth commissions carry out this healing and thus promote national 370 06 ANT 3-3 Wilson (JB/D) 7/8/03 1:03 pm Page 371 WILSON National reconciliation processes reconciliation. The truth commission opens the wounds of the suffering nation and cleanses them, thus healing the national body politic.6 The morality of the nation-state becomes a question of Platonic moral and political hygiene. Here, the focus is not as much on individuals, but on the nation-state, and this brings us much closer to the actual meaning of ‘national reconciliation’ as defined by political and religious elites. Reconciliation between individuals in the sense of victim–offender mediation was not attempted in South Africa, Chile or other countries where truth commissions consciously pursued national reconciliation. Sub-national social groups such as classes, races or genders are not to be reconciled with one another either. Instead, reconciliation works at a much higher level of abstraction. The nation-state is to be reconciled with itself. Thus defined, ‘national reconciliation’ is almost impossible to quantify or measure or assess in any meaningful way. This ideological slipperiness makes it suitable for the two main tasks facing political elites that inherit the battered shell of the authoritarian state: nation building, and the centralization of power and authority in the context of a contested monopoly on both adjudication and the means of violence. Our understanding of ‘national reconciliation’, then, should not commence on the ideological terrain marked out by proponents of reconciliation, that is, the values, attitudes and dispositions underscoring moral and legal decision-making (i.e. whether or not it is morally right and good to forgive one’s aggressors). Instead, we should begin in the opposite direction with the Weberian problematic of the legitimacy of the state and its institutions in the aftermath of authoritarianism and the attempts of specific interest holders to forge formal conditions of acceptability that lends legitimacy to their exercise of regulation through institutional means. II RECONCILING INTELLECTUALS Before examining anthropologists’ studies of national reconciliation processes, let us look briefly at the wider discussions in law and the social sciences. The idea of national reconciliation has received an unexpectedly large amount of intellectual backing, especially from the quarters of law, political science and moral philosophy. There is widespread consensus that the truth finding and documentation aspects of the work of truth commissions can promote a wider political culture of human rights. Breaking a regime of denial through truth commission reports or public hearings is important, argues Michael Ignatieff (2001), in order to reduce the range of ‘impermissible lies’ in the public realm. Authoritarian rulers constantly denied that anyone had been killed or ‘disappeared’ and military rulers in Latin America regularly put out propaganda that the disappeared had all fled to live in Miami, rather than been brutally murdered. Some truth commissions (for example the Guatemalan Commission for Historical Clarification) are more effective than courts in establishing an adequate account of an era of violence, since they go beyond the guilt of a single individual (think of the narrowness of the Eichmann trial in Israel7) to include a wider social, historical and structural context in their examination of a conflict. Some commentators have gone beyond applauding the fact-finding function of truth commissions to endorse a much wider moral project of creating shared values and ‘healing the nation’. Martha Minow, professor of family law at Harvard Law School, is one such advocate. In her 1998 book Between Vengeance and Forgiveness, she highlights the therapeutic dimensions of truth commissions, which for her are models of social 371 06 ANT 3-3 Wilson (JB/D) 7/8/03 1:03 pm Page 372 ANTHROPOLOGICAL THEORY 3(3) rehabilitation and public healing. Like Priscilla Hayner (2001: 133–4), Minow largely defines reconciliation as ‘societal healing’. Minow justifies the institutional healing project of truth commissions by reference to the drawbacks and limitations of their opposite – the legal process. Minow develops her arguments against trials by pointing out that investigations and prosecutions are very expensive and time-consuming. Crucially, trials may be damaging to victims who often face antagonistic cross-examining from defense counsels. Victims’ psychological needs are better served by truth commission officials who listen sympathetically, acknowledge the wrongs committed and restore the dignity of victims. This creates an official break with the authoritarian justice of the past: Precisely because it is not a court, the human rights committee [of the South African TRC] avoids chilling reminders to victimized people of the hostility and insensitivity of courts under apartheid. (Minow, 1998: 57) Minow largely endorses a collective model of national healing and the version of reconciliation as therapy for a sick society. For her, whole nations can suffer from posttraumatic stress disorder. Addressing the national psyche is something that truth commissions can achieve whereas the courts cannot: The very vocabularies of healing and restoration are foreign to the legal language underpinning prosecutions. Emotional and psychological healing did not figure largely in the initial and international debates in response to the Holocaust. (Minow, 1998: 63) Minow (1998: 80) is aware of the criticisms that one might make of this model, namely that nations do not have psyches that can be ‘healed’, that a therapeutic model can obscure the political dimensions of the conflict, and that reconciliation deprives victims of the right to justice and treats individuals as means to a societal or collective good rather than as ends in themselves. Minow did not have access at the time of writing to more recent studies by psychologists and anthropologists which challenge the assertion that truth commissions promote healing (eg. Hamber and Wilson, 2002). There is now compelling evidence from interviews with victims that telling the truth does not necessarily heal, that many victims experience a decline in their mental health after testifying in public, that the mental health services of truth commissions are woefully inadequate, and that retribution in the courts may provide symbolic closure for victims as much as non-legal reconciliation mechanisms. Minow considers the objections to truth commissions, but ultimately comes down in favor of them on the grounds that restorative justice has deeper cultural roots in places like South Africa, unlike the alien retributive justice of state legal systems. This is interesting for anthropologists because Minow’s last line of defense for national reconciliation mechanisms relies upon a cultural and historical argument about legal pluralism, tradition and uniquely African approaches to justice. Restoring the dignity of victims of apartheid is reinforced by a much deeper process of recovering of local cultural traditions of adjudication suppressed by white colonial and apartheid rule. Instead of drawing on the numerous anthropological studies of law in Africa (e.g. Moore, 1991) 372 06 ANT 3-3 Wilson (JB/D) 7/8/03 1:03 pm Page 373 WILSON National reconciliation processes or legal historians’ critique of the idea of African customary law (Chanock, 1985), Minow (1998: 81) relies for her information on TRC Chair Desmond Tutu, whom she quotes thus: Retributive justice is largely Western. The African understanding is far more restorative – not so much to punish as to redress or restore a balance that has been knocked askew. The justice that we hope for is restorative of the dignity of the people.8 This culturological approach may explain the growing appeal which peace building, international conflict mediation and ‘national reconciliation’ have among some cultural anthropologists. A number of papers at recent panels at American Anthropological Association meetings on ‘truth and reconciliation’ have for the most part endorsed the reconciliation project of post-authoritarian regimes. Anthropologists working in conflict analysis institutes have argued that anthropology more widely needs to pay more attention to truth and reconciliation commissions (Avruch and Vejarano, 2001) and other peace-building initiatives. An editorial in the June 2002 edition of Anthropology Today sees a central role for anthropologists in actual conflict resolution as well as in reconciliation processes in countries emerging from violence. Professor Cynthia Keppley Mahmood of the Kroc Institute of International Peace Studies at the University of Notre Dame encourages anthropologists to play a greater role in peace building through promoting dialogue between bellicose parties. Anthropologists can call upon their ‘ethnographic sensitivities’ so as to engage in the ‘cultural bridging’ that is necessary between western secularist and fundamentalist religious traditions: ‘Let us use our professional training to explore whether dialogue may be possible along avenues political leaders have closed off in favor of military options’ (Mahmood, 2002: 2). The allure of national reconciliation for anthropologists seems to lie in its fusion of truth commissions and restorative justice, and the idea that mediation is embedded in culture and social networks rather than state institutions. Anthropologists seem to have a pre-disposed intellectual affinity to the idea of restorative justice because of the longstanding concern with legal pluralism in the discipline. The general historical focus of political and legal anthropology has been on non-state morality, on social norms, Alternative Dispute Resolution and customary law rather than on colonial and postcolonial state law.9 These anthropological studies focus more on social relationships and their restoration, rather than rational bureaucratic and legal procedures, which are often presented as far removed from everyday notions of justice. III ETHNOGRAPHERS OF RECONCILIATION Due to the history of legal anthropology within the discipline and its focus on public morality, popular legal consciousness and cultural norms, we might expect that the few anthropologists who have actually studied national reconciliation commissions in detail would be sympathetic to the commissions and antagonistic to legal retribution and the rule of law. This has not usually been the case, which just goes to show that anthropologists can be an unpredictable bunch. In the discussion that follows, I will focus on two lines of argumentation pursued by anthropologists studying national reconciliation processes. First I will consider the critique of positivism within human rights 373 06 ANT 3-3 Wilson (JB/D) 7/8/03 1:03 pm Page 374 ANTHROPOLOGICAL THEORY 3(3) documentation and official history-writing made by Buur, Wilson and Ross, all of whom studied the South African Truth and Reconciliation Commission. Then I will turn to discussions of the relationship between reconciliation and retributive justice in eastern Europe (John Borneman) and South Africa (Wilson). Anthropological critiques of positivism National commissions of investigation have invariably asserted a causal link between truth and reconciliation, and they have generally relied upon a positivist understanding of truth. As a brief aside, positivism in law means something slightly different than in the social sciences. Broadly speaking, legal positivism sees law as a value-free, neutral activity guided by the strict application of legal principles as codified in constitutions or legal precedent. Positivism in the social sciences models itself on empiricist science of the material-object world and eschews metaphysical reflection in favor of knowledge produced through systematic observation and experimentation. There is, of course, a link between the two insofar as legal forms of knowledge are generally positivistic and share the value-free and empiricist approach to visible facts that characterizes sociological positivism. Both eschew epistemological reflection. Anthropologists have been critical of the reliance of human rights institutions on positivistic approaches to knowledge and history, on the usual grounds that it is inappropriate to apply natural science principles to societies, and that positivism excludes consciousness, meaning and intentionality. This critique of positivism in human rights documentation, although begun earlier (Wilson, 1997), has crystallized in the study of the South African Truth and Reconciliation Commission’s approach to truth, knowledge and history. On 31 October 1998, the South AfricanTruth and Reconciliation Commission (TRC) released its final Report, which documented gross violations committed during a 34-year period between 1960 and 1994. The Report had taken nearly three years to complete and was a compendious account which ran to 3500 pages and nearly 1 million words. It provided findings on more cases, nearly 21,000, than any previous truth commission before it, and the sheer weight of these cases made a damning indictment of a system of institutionalized racism under apartheid. Three anthropologists, Buur, Wilson and Ross, looked at the methodology which guided the TRC’s search for truth and about the past, and constituted the means for creating the knowledge contained in the final Report. They asked questions such as what different versions of truth did the TRC hold, how did these versions change over the life of the commission and how did this lead to the shape of the Report? What over-arching narrative on the past did the commission assert, and what view of the relationship between truth and morality did this contain? The TRC’s final Report (1:100) identified and defined four notions of truth which had guided the Commission: 1 2 3 4 374 Factual or forensic truth: is ‘the familiar legal or scientific notion of bringing to light factual, corroborated evidence’. Personal or narrative truth: refers to the individual truths of victims and perpetrators, attaching value to oral tradition and story telling. Social truth: is established through interaction, discussion and debate. Healing and restorative truth: repairs the damage done in the past and prevents further recurrences in the future. 06 ANT 3-3 Wilson (JB/D) 7/8/03 1:03 pm Page 375 WILSON National reconciliation processes Yet there were really only two paradigms of truth under which all the other versions congregated – forensic truth and narrative truth. These two truths were regularly counter-posed to one another and each was dominant at different stages. Narrative truth was hegemonic at the beginning of the Commission’s life as public televised hearings had an unexpectedly dramatic effect, but it was displaced by a more legalistic and forensic paradigm after the first year. In concrete terms, the forensic model was institutionally established in the Information Management System (Infocomm), a transnational methodology for human rights documentation. Variants of this large-scale human rights computer database had also been deployed earlier in Haiti, Guatemala and El Salvador. Infocomm’s positivist model of truth relied upon quantitative statistical methods in the production of the Report, whereas other types of truth played a secondary role. Infocomm had seven stages from statement taking to making national findings, and the whole system was driven by each individual act of violence. The whole system broke down victims’ narratives into quantifiable acts. Complex events and people were divided up into their constituent components – either 48 distinct acts in the case of events, or 3 categories in the case of persons – victims, perpetrators or witnesses. Lars Buur’s (2000) ethnography took place within the offices of the TRC in order to demonstrate how the Commission’s ‘global truth’ of the apartheid era was created through internal bureaucratic practices, rather than external political pressures on the Commission – the usual focus of research by political scientists such as Hayner (1994). Buur draws upon Ian Hacking’s (1982, 1985, 1999) work on ‘styles of scientific reasoning’ to understand the rationality of Infocomm, and its statistical style of producing regularities within populations. Buur’s focus is the bureaucratic mentality of the TRC, and its reliance upon scientific procedures and formal rules. Buur begins with Hacking’s observation that science operates on the assumption that a truth relation is possible between the world and representations of the world; that is, a ‘correspondence theory of truth’. Hacking (1982: 49) asserts no such relation is possible, since ‘nothing’s either true-or-false but thinking makes it so’, an assertion which unmistakably questions any independent criteria of truth. Statistical styles of reasoning are thus self-authenticating and circular, and the role of the researcher is to describe the conditions under which relations of truth and falsehood are established. Buur does this well in his critique of a factual and objective approach to Truth with a capital T. He points out how the TRC conceived of its project as the establishing of provable or verifiable facts, which are, in the positivist language of Infocomm, ‘found’, ‘retrieved’, ‘captured’ and ‘collected’. In Infocomm’s view, the only knowledge that matters is that which can be counted or measured. Acceptable knowledge must meet the criteria of being generalizable, which requires that knowledge be detached from local knowledge which is itself transformed and homogenized. Buur (2000: 65) states that the Commission’s entire project of documentation of gross human rights violations could be understood in terms of the ‘tension between a local ontology of engagement and a global ontology of detachment’. This approach to global knowledge is continuous with a modern and colonial project ‘because the image of the globe – the global truth – connotes a surface waiting to be conquered, of people with no will or direction of their own, waiting to be worked on and through, where local dynamics are obstacles which have to be bypassed, managed and absorbed in its order’ (2000: 64). A positivist approach to documenting the apartheid era suffers from two types of 375 06 ANT 3-3 Wilson (JB/D) 7/8/03 1:03 pm Page 376 ANTHROPOLOGICAL THEORY 3(3) disjuncture. Firstly, Buur notes a divergence between the information system and the norms and actions of bureaucratic staff, which are replete with all kinds of inconsistencies and unintended consequences. Secondly, there is a discontinuity between statistical science and the experiential life-world of those people affected by apartheid-era violence. Buur captures well the ambiguity and contradictions of trying to fix and codify individual and social memories, which are fluid, fragmented, fleeting, transient. He exemplifies this by examining how the TRC defined and operationalized the category of ‘victim’. The TRC Report listed 22,000 victims but excluded many thousands of individuals. This categorical exclusion resulted from the distinctions embedded within the methodology of the database. The TRC’s epistemological system utilized an exclusive form of power/knowledge built upon positivistic methods of establishing the occurrence of a ‘gross human rights violation’. Although insightful, Buur’s framework for understanding the TRC’s methodology is vulnerable to the usual charges against cultural anthropologists – of epistemological and moral relativism. State violence requires a response from social researchers, and saying the truth of an era depends on your style of reasoning is a limited and partial response at best. At worst it is apolitical and lays the past open to historical revisionism. Wittgenstein’s sarcastic aphorism is correct: we cannot squeeze between language and its object. Yet in a politically-charged context of competing accounts of violence, social researchers need epistemologies which allow them to say that some accounts are more plausible than others. For instance, in the recent libel case brought by David Irving against Deborah Lipstadt (1993), a British court had to verify whether the Nazis had carried out a policy of systematic mass extermination of Jews and others in death camps such as Auschwitz, or whether no such policy existed and the buildings at Auschwitz were in fact air-raid bunkers. In the context of the rise of the European extreme right (Haider in Austria, Le Pen in France, and the late Pim Fortuyn in Holland), it matters that Holocaust deniers such as Irving are proved wrong in public settings, and doing so probably requires some kind of correspondence theory of truth.10 This need not imply an unreflexive positivism and a reliance purely on forensic methods, but could also be contingent upon criteria of plausibility which integrate a concern with logic, coherence and evidence with wider interpretative and historical understandings.11 The Politics of Truth and Reconciliation in South Africa (Wilson, 2001) develops a critique of the positivism of the South African TRC which shares many elements of Buur’s analysis. The study points out that only forensic truth was granted epistemological value in the process of creating knowledge about the past. Forensic truth was seen by the TRC as an end in itself, whereas all of the other three truths are means directed towards other ends, and specifically towards healing or affirming dignity. The three types of ‘narrative truth’ are not given any epistemological standing – they are there for emotional ‘catharsis’ and nation building. These types of truth do not contribute to the history of South Africa, nor to an improved understanding of the past, nor to the context, patterns and causes of violations. For this reason, individual statements from victims did not feature in the writing of the Report. Over the life of the commission, Infocomm became increasingly driven by positivist concerns and the desire to create legally defensible findings, at the expense of victims’ experience of telling their stories and to the detriment of including fine grained narrative accounts in the substance of the Report. This could be seen in two areas – the statement 376 06 ANT 3-3 Wilson (JB/D) 7/8/03 1:03 pm Page 377 WILSON National reconciliation processes form and the data coding process. The statement form upon which victims’ stories were written went through six different versions, each more like the computer database upon which it was entered. In the beginning, these were open-ended forms with a great deal of space for personal narrative. By the end of the process, the statement form had been stripped down to a checklist as the pressure was increased, in the words of one statement taker, ‘to get the cold facts’. The data coding process broke each narrative down into a series of 48 categories of violation, called the ‘controlled vocabulary’, or the ‘Bible’ by data processors. Once it was fixed, all the information had to be classified according to this grid. As one data processor told me: ‘in the beginning there was lots of interpretation of the statement but by the end we were just like robots. You read it and put it in the computer as it is.’ Information did not ‘exist’ unless it conformed to the controlled vocabulary, showing, à la Buur and Hacking, how conceptual categories selectively define social reality.12 The existential truths replete with the subjectivities of individuals contained within whole narratives were lost in the data processing. The integrity of the narrative at the data processing stage was destroyed as processors deconstructed the single narrative and ‘captured’ discrete acts and the details of victims, witnesses and perpetrators. The arc of each personal account and its overall narrative structure were fragmented. The TRC’s final Report has to be understood as the direct result of the methodology used. The main limitation noted by many observers is that there is no overarching and unified historical narrative linking together the various fragments. The truth commission did not try to write a history of the apartheid era; instead, it was led by the need to make perpetrator findings. There was a crucial shift in the TRC’s work ‘from a narratively framed victim-oriented conception of the TRC process to a perpetrator-focused quasilegal approach’ (Du Toit, 1999: 2). Because of this shift it ended up on the terrain of the courts, not on the terrain of the historians. Instead of putting ‘apartheid on trial’, the TRC opted for a more narrow legal quest for findings on individual gross human rights violations. The Report is little more than a chronicle of wrong acts. However, in one sense there is a master narrative in the Report, but it is not one a historian or anthropologist would recognize. Instead, it is ‘more a moral narrative about the fact of moral wrongdoing across the political spectrum, spawned by the overriding evil of the apartheid system’ (Posel, 1999: 3). The category of evil takes the place of a wider synthesis and explanation, and is a way of avoiding a historical analysis of concrete social conditions. The legal-forensic method gelled nicely with an overarching moralizing and nationbuilding project. An understanding of the social conditions (racism, class inequality, gender hierarchy, poverty) of wrongdoing was removed and ‘evil’ was put in its place to answer the question: why did people commit gross human rights violations? Because apartheid was evil.13 End of story. This replacement of history by theology is only intelligible if we accept that the Report’s overall narrative is a moral one, dedicated to national reconciliation. The nation-building project relies not upon shared political and historical understanding of an era of state violence, but upon recognizing moral wrongness. The history of apartheid was not written by the South African TRC as politics, but as a morality tale. The critique of positivism developed in Fiona Ross’ (2002) study of women and the South African TRC shares key elements with Buur and Wilson’s writings, especially in noting how the Commission’s emphasis on visible acts was at the expense of the silences in communication, women’s experiences of abuse, and the everyday, mundane aspects 377 06 ANT 3-3 Wilson (JB/D) 7/8/03 1:03 pm Page 378 ANTHROPOLOGICAL THEORY 3(3) of oppression under apartheid. Ross carries out a genealogy of the category of ‘women’ in the TRC’s work. In the beginning, the TRC was relatively blind to the specific experiences of women under apartheid, and treated them as ‘secondary witnesses’ who would testify at public hearings about abuses against their sons, husbands, and brothers, whereas men testified about harms suffered to themselves. The ways in which women testified located them as ‘witnesses’ rather than as ‘victims’. There were key silences in women’s testimony, particularly regarding abuses that took place against themselves. These silences were cultural – ‘We are not allowed to ask our husbands about politics in my culture’ (Ross, 2002: 45) – political – silence as a strategy of resistance against apartheid security police – and categorical, that is to say, as a result of the framing and definition of ‘human rights violation’ by the TRC itself. Silence was also a strategy used by women to cope with the effects of violence on their social networks, and this placed those coping strategies off the radar screen of the TRC’s positivist approach to Truth. As in both Buur and Wilson’s studies, we see how the classifying frameworks of the TRC rendered some histories, narratives, subjectivities and experiences visible, and others invisible. After women’s rights campaigners drew the TRC’s attention to the gendered aspects of its work, the Commission attempted to focus more attentively on women’s particular experiences of abuse. It instituted special hearings for women, thus transforming women’s experiences of abuse into a category that could be examined and measured. Yet this attention on the more visible obscured from view the more mundane aspects of women’s experiences. The Commission emphasized visible sexual forms of abuse to the detriment of the manifold ways in which apartheid era violence destroyed social relations. Ross asserts that the Commission’s emphasis on embodied harm had the effect of naturalizing particular forms and experiences of violence and concealing other forms. Too close a focus on bodily violation obscured the impairment of, as destruction to, domestic worlds and relationships caused by apartheid. She encourages a more inclusive approach to women’s testimony (Ross, 2002: 42), that ‘Hidden in the discourses of domesticity are powerful forms of knowledge and agency that need to be recognized and sensitively understood . . . These have to do with experiences of family life, with expectations of time, with silence and secrecy and the location of self in stories.’ Ross analyses these aspects of pain and suffering which are not amenable to human rights enquiries in the light of theoretical discussions by Deborah Battaglia (1999), Veena Das et al. (2001) and Elaine Scarry (1985) who she uses to argue for greater acknowledgment and recognition. The categories of violation used by national commissions of enquiry need to be expanded beyond the visible in order to consider the effects of violence upon social relationships and people’s sense of selfhood and identity. In this way, such Commissions can better document the profound and long-term social costs of state terror and reinforce the attempts by women to recover the everyday and resume the task of living. Accountability, justice and reconciliation Democratic legitimacy depends above all on a system of political and personal accountability that is institutionalized in the principles of the rule of law. (Borneman, 1997: 3) 378 06 ANT 3-3 Wilson (JB/D) 7/8/03 1:03 pm Page 379 WILSON National reconciliation processes As we saw earlier, much of the discussion of national reconciliation processes in other disciplines has revolved around the apparent opposition between reconciliation and retributive justice. In the two ethnographies discussed in the following paragraphs, the anthropologists concerned have both arrived at the conclusion that legality and the rule of law are of paramount importance. John Borneman’s (1997) book Settling Accounts was one of the first attempts by an anthropologist to critically examine the process of dealing with state violence, and his study sees justice and accountability as the most desirable path to ‘national reconciliation’ – understood not as forgiveness but as the absence of violence. Borneman focused upon East Germany, but also included the transitions from communism in other eastern European countries such as Hungary, the Czech Republic, Romania, the former Yugoslavia and Russia. He asserted that those countries (such as East Germany) which had pursued retributive justice and attempted to (re)establish principles of accountability and the rule of law were less prone to criminality and cycles of violence and revenge than those countries (such as Romania and the former Yugoslavia) which did not pursue accountability. Borneman (1997: 110) therefore contradicts those who argue that democratic consolidation and national reconciliation require amnesty laws and political compromise: ‘to avoid a cycle of retributive violence, it may be wise to go through a longer phase of painful historical reckoning with the past – that is, of retributive justice in the present’. Borneman’s position could be summarized as ‘reconciliation through justice’. In its impassioned defense of the idea of the rule of law, Borneman’s book endorses central aspects of liberalism in a way that is perhaps surprising for an anthropologist. Legal anthropology has often sailed with the tide of the Critical Legal Studies movement in its criticism of liberal legal institutions on the grounds that they create and maintain relations of class or racial domination.14 Although liberal in its political implications, Borneman’s understanding of law is underpinned by a decidedly unliberal, Durkheimian and structuralist theory of legal institutions, which emphasizes how law, like religion before it, creates group unity. Borneman draws from Maurice Bloch’s structuralist formulation of ‘rebounding violence’ to understand the ubiquity of ideas of vengeance. In asking how to end the closed cycle of rebounding violence, Borneman observes on the basis of recent eastern European history that the desire for violence and revenge dissipates where courts pursue a small number of those most responsible, and there is some time of reckoning for past state criminality. This does not suppress vengeance, but channels it in politically useful ways. Drawing upon René Girard’s (1977) book Violence and the Sacred, Borneman treats trials as ritual performances of symbolic sacrifice, and their function is to ritually purify the center, to engage in a process of internal cleansing. Sacrifice among the Aztecs or the African Ndembu is a rite of purification where scapegoating is a way of exteriorizing guilt. This principle is used by post-conflict regimes in order to purify violence. Rebounding violence is attached to certain perpetrators, and the sacrificial act of holding them accountable is a type of violence that does not provoke reprisal. Retributive justice re-establishes the state as a moral agent, and restores the legitimacy of state institutions tarnished by decades of complicity in authoritarianism. Conversely, the failure to prosecute past injustices undermines the legitimacy of the state. Where there is no rule of law, there is more criminalization as society remains locked in a cycle of violence and 379 06 ANT 3-3 Wilson (JB/D) 7/8/03 1:03 pm Page 380 ANTHROPOLOGICAL THEORY 3(3) counter-violence. Thus there is a causal link between retributive justice and a lack of rebounding violence. Borneman carries out an ethnography of the East German Commissions of Vindication/Rehabilitation set up in workplaces from 1989 to 1994 and he sees an important role not only for state law but also national reconciliation commissions. Like trials, reconciliation commissions are a secular moral response that addresses problems of social cohesion. These Commissions are closer to popular ideas of justice since they work at the boundaries of state law and popular legal consciousness. East German Vindication Commissions used a broad conception of justice, combining corrective justice (compensating victims for harms) and retributive justice (compensating the victim for moral injuries). Wrongdoers were held accountable for a wrong, but the focus was more on the damage inflicted upon the victim, rather than, as in state law, on the wrongness of the act itself. The Commission of Vindication for Radio and Television led open inquiries to investigate moral injuries that did not entail easily quantifiable injuries. For instance, they heard cases where individuals argued that because they were deemed ‘political opponents’ of the Stalinist regime, they had a poor career development or were subjected to orchestrated plans by the secret Stasi police to discredit them through unsubstantiated rumor. In 1993, 100 petitions were heard before the commission; 75 per cent were upheld in favor of the petitioners, and of those rejected, the majority were due to a failure to establish evidence and the ‘facts of the case’ using fairly rigid positivist criteria. The remedies pursued by the Commission generally entailed issuing formal public apologies, and in some cases recommending improved pensions. In a more recent article, Borneman shifts his position closer to supporting national reconciliation efforts. He redefines reconciliation here as a ‘departure from violence’ (2002: 282), and like many writers such as Minow he asserts the centrality of practices of ‘listening’ to the silenced voices of victims, and witnessing their narrative reenactment. Anthropology is, according to Borneman, uniquely positioned to instruct those attempting reconciliation in these practices. Listening and witnessing helps to reestablish networks of trust between citizens and between citizens and the state. Borneman is careful to avoid the ‘harmony ideology’ of collectivist visions of memory and reconciliation, and he continues to insist upon the centrality of legal and institutional accountability in any departure from cycles of ‘rebounding violence’. Borneman’s approval for national reconciliation efforts is positioned in a unique context of prosecutions, liberal show trials, and lustration in eastern Europe. Yet as we have seen earlier, the experience of many victims in countries in Latin America and Africa is of reconciliation in the context of amnesty and impunity. Is listening and witnessing enough to make possible a departure from ‘rebounding violence’ for the majority of these victims? Wilson’s book on the South African Truth and Reconciliation Commission shares Borneman’s concern with accountability, retributive justice and the rule of law, but is more critical about the degree to which truth commissions complement the courts and create accountability. This is partly due to the differing position of the rule of law in South Africa and East Germany. In the latter, high-level politicians including former head of state Eric Honecker were successfully prosecuted. In South Africa, high-level prosecutions were not attempted (e.g. of former apartheid state presidents P.W. Botha or F.W. de Klerk), or they collapsed as in the trial of former Defense Minister Magnus 380 06 ANT 3-3 Wilson (JB/D) 7/8/03 1:03 pm Page 381 WILSON National reconciliation processes Malan. The national reconciliation project in South Africa was delinked from the project of challenging impunity. The ‘reconciliation’ advocated by South African Truth Commissioners was an amalgam of transnational human rights values and a Christian ethic of forgiveness and redemption. It was propagated through dozens of Human Rights Violations (HRV) hearings where selected ‘victims’ spoke of the violations, which they or relatives had suffered. The truth commission’s hearings were public rituals, which sought to inculcate a disposition towards forgiveness and away from acts of revenge. In the collective effervescence of hearings, individuals were made aware of themselves as particular types of subjects, such as ‘victims’, who were placed within particular types of national narratives, of suffering, oppression, liberation and finally redemption. The creation of new identities (like victim or perpetrator) engendered new types of attitudes and dispositions (forgiveness or repentance) that bound individuals to the TRC’s nation-building project and constructed a version of the nation out of the ashes of failed Afrikaner nationalism. This all begs further questions – what was the content of this nation-building project and what impact did it have on individuals and communities affected by political violence? How did local actors respond to a human rights commission’s invocations to forgive? My fieldwork over 12 months in 1996 to 1998 took place in the ‘Vaal’ African townships to the south of Johannesburg which had been severely affected by political violence over a 34-year period. In these communities, the language of rights and reconciliation had uneven and varied social effects and there were three main types of responses to the truth commission’s approach to reconciliation: the first response largely accepted the urgings to forgive and reconcile, the second largely ignored it in favor of other more private aims and the third was openly hostile to it and instead in favor of retribution and punishment. I will deal with each of these in turn: Elective affinities The TRC’s version of reconciliation certainly exerted a sway over some individuals. In South Africa there was a close affinity between a religious ethic of reconciliation and a political ethic of human rights. In the townships, the TRC’s message was reinforced by the teachings of mainstream anti-apartheid Christian churches. The ritualized nature of the hearings was one factor, but equally important were the actions of their religious leaders in pursuing reconciliation, understood as Christian forgiveness, at a local level. The message of the TRC on how to deal with the past was clearly conveyed to the intended audience, which was largely the African middle class. This group of black professionals, many of whom are employed in local and national government, was overwhelmingly sympathetic to the ruling African National Congress. Procedural pragmatism Many victims pursued their own agendas through the TRC mechanisms without there being any necessary loyalty to the dominant ideology of human rights, reconciliation and nation building. According to official TRC ideology, victims told their stories, the truth came out, and people shook hands and forgave one another after years of resentment. It was not at all clear that the TRC’s values were conveyed in the manner expected. Some of those who appeared before the commission had no understanding of the commission’s view of reconciliation. Others were motivated by other factors such as a 381 06 ANT 3-3 Wilson (JB/D) 7/8/03 1:03 pm Page 382 ANTHROPOLOGICAL THEORY 3(3) desire to clear their name or for retribution. These observations have been echoed by legal anthropologists such as Sally Merry (1990) and Conley and O’Barr (1990) in other contexts: people become involved in legal processes for a variety of reasons which may be very distinct from what the law itself is thinking. In the interaction with human rights institutions, participants make complex readjustments in their thinking about morality and law, but the end product is not often one where the participants see the law as the law sees itself. The mere involvement of victims in human rights mechanisms does not necessarily signify a deep loyalty to a new language of rights. Instead, the ideology of human rights was primarily a strategy to hold together a fragile political coalition between incoming and outgoing elites in the first unstable years after white rule. This, I think, gives us one reason why human rights have been so prevalent in the democratizations of the post Cold War order. Resistance and opposition There was a deep chasm between the national version of human rights and ideas of justice pursued by the local courts and armed gangs that still control many African townships. Members of gangs and local community courts resist key elements of the dominant post-apartheid value system to such an extent that it might justify the Comaroffs’ reference to a dual consciousness in South Africa (Comaroff, 1985). Justice is understood not as reconciliation but as vengeance and punishment. If reconciliation is a key aspect of the state’s centralizing project, then vengeance guides local institutions of social regulation. In a number of incidents I document in my book (2001), local vengeance overwhelmed national attempts at reconciliation. The greater the factionalism within a locale, the more it approximates a Hobbesian moral universe, the greater the resistance will be to post-conflict human rights talk. In one case, a police informer was murdered as a consequence of the competition between two armed gangs who cloaked their criminal protection rackets in political rhetoric. His murder was also about the failure of the post-apartheid state to address criminality and to build an effective and legitimate criminal justice system. The widespread ethic of vengeance in South Africa is a clear indictment of the legal system and the failed project of nation building using human rights discourse. What do the ethnographic studies of Borneman and Wilson tell us more generally about justice and national reconciliation efforts in democratizing countries? They tell us firstly that the societal consequences of national reconciliation projects, understood as attempts to build hegemony and manufacture legitimacy by state elites, are ambiguous and paradoxical. As long as the state is unable to address legal pluralism and criminality, then vengeance will remain a central component in how many citizens understand and enact justice. Researchers must give more attention to what social actors and institutions actually do with rights talk and reconciliation institutions and what legitimacy they may or may not have. Participants in new human rights institutions often have their own agendas, which may or may not coincide with the nation-building project of a new elite. Following on from that, social actors, from individual victims to collectivist community courts, adopt a variety of strategies of social action which contest the direction of social change in the area of justice, or what Alain Touraine (1995) calls ‘historicity’. Post-authoritarian citizenship is fluid and in motion, and can be understood as a shifting and diverse set of claims which transform the ongoing context of social action. 382 06 ANT 3-3 Wilson (JB/D) 7/8/03 1:03 pm Page 383 WILSON National reconciliation processes As a result, we have to be more cautious about what human rights talk and reconciliation can achieve in the new global order, and refrain from some of the more vaunted claims of political elites who promise to ‘reconcile or heal the nation’.15 These are empirically-derived theoretical insights which can contribute to the project of documenting and understanding the transformations of post-conflict societies, and more widely to understanding the meaning of national reconciliation in a neo-liberal and post-Cold War international order. IV NEW DIRECTIONS FOR ANTHROPOLOGICAL RESEARCH Imagining departures from violence has not been a major project among anthropologists or other social scientists. But if we are to contribute to reconciliation in the many communities in which we work, then such imaginings are an essential part of our work. They are perhaps the major contribution we might make to international peacekeeping efforts. (Borneman, 2002: 300) Thus far, anthropologists have primarily focused upon reconciliation projects confined to individual nation-states, yet more recently there has been a globalization of human rights and reconciliation discourse though non-governmental organizations such as the New York based International Center for Transitional Justice, and intergovernmental institutions such as the United Nations. In the 1990s, as internal conflicts proliferated so did international peacekeeping operations and, in their wake, internationally organized reconstruction operations. Since 1990, there have been over twice as many humanitarian interventions by the United Nations than in the preceding 45 years. The stated aims of these interventions are ensuring international human rights standards, facilitating national reconciliation, mediating in conflict and engaging in post-conflict reconstruction. ‘National reconciliation’ (usually defined in the ‘thick’ sense of forgiveness) became a key component of international post-conflict reconstruction efforts, and a global reconciliation industry sprang up to formulate and implement policies.16 Anthropologists need to give greater attention to the discursive formations of international multilateral institutions, the unintended consequences of their interventions and the reception, transformation and rejection of these ideas by ‘locals’ and local human rights activists who translate between the abstract universalism of the intergovernmental organizations and the local understandings of peace and justice. Anthropological investigations should not be confined to local responses but also include the people who inhabit what Ulf Hannerz (1992) calls the ‘third culture’ of UN workers and nongovernmental organization personnel. National truth and reconciliation commissions (e.g. in Sierra Leone, Bosnia, East Timor) are being established, funded and run by UN peacekeeping missions, which see them as the best way of achieving post-conflict nation building and addressing the legitimization crisis of post-conflict states. Unlike truth commissions in the early 1990s, they are increasingly taking place in the context of prosecutions for human rights offenders, as in the Special Court for Sierra Leone, which provides for a linking up of truth finding and retributive justice. This research should aim to expand our understanding of the actual impact of large scale humanitarian relief operations on state sovereignty, state building and on the actual lives of Africans, Asians, Europeans and Latin Americans. This would inform wider debates about the globalization of human rights and global 383 06 ANT 3-3 Wilson (JB/D) 7/8/03 1:03 pm Page 384 ANTHROPOLOGICAL THEORY 3(3) forms of deterritorialized regulation, and perhaps engender a more realistic assessment of influential assertions that there is a single, unified world system (e.g. Hardt and Negri, 2000). That ‘system’, to my mind, is pluralistic and fissured with internal conflict and contradiction and is not adequately explained by sweeping neo-Marxist theories of global regulation and domination. Anthropological contributions to globalization theory and international studies are vital, but our main emphasis should remain on the unintended social consequences often ignored by policy makers and globalization theorists alike. In the kinds of places that anthropologists go, and especially in Africa in the last 10 years, ordinary people’s lives are greatly affected by issues such as failed states, political violence and civil war, and the interventions of international organizations in post-conflict reconstruction and nation building. This global context requires that we pay close attention to these matters and that we attempt to document them in a way that is sensitive to the everyday problems that people face. We must also try to explain the consequences of humanitarian actions so that intergovernmental institutions are more informed about the consequences of the policies on post-conflict reconciliation they adopt. Notes 1 On amnesties see Roht-Arriaza, 1995; Roht-Arriaza and Gibson, 1998; and Popkin, 1999. 2 Such as President Raul Alfonsín’s prosecutions of Argentinean military junta leaders in 1983, who were later pardoned by President Menem. 3 ‘Peaceful’ according to Tutu (1999), despite the fact that 14,000 people died in political violence between 1990 and 1994, more than in the previous 10 years. 4 The Guatemalan CEH Report being one of the obvious exceptions to this criticism. 5 See Cohen (2001). 6 For more examples of Latin Americans and South Africans using body metaphors for the nation, see Boraine and Levy (1994). 7 See Arendt (1963). 8 The view that African jurisprudence is restorative and not violent and/or vengeful is also found in the post-apartheid legal system, and perhaps most famously in the decision of Constitutional Court judges to abolish the death penalty in 1995. 9 With apologies for the usual long list of exceptions such as Merry (1990), Conley and O’Barr (1990) and others. 10 Perhaps relevant here is the debate between Richard Rorty (1998) and Charles Taylor (1990), which pivots on the correspondence theory of truth. 11 A Holy Grail for social scientists, I realize, but Jürgen Habermas’ (1971) concept of the ‘ideal speech situation’ comes closer than most. In opposition to positivist science, Habermas seeks to maintain the place of subjectivity and interpretation in the creation of knowledge. Habermas’ subject is social as well as potentially rational. Subjects are conditioned by historical experience and therefore rationality depends as much upon subjectivity and intersubjectivity as it does upon logic and reason. 12 Hermeneutic interpretation, of course, does this also, but at least it is more reflexive about the relationship between the historian or ethnographer and his/her subject matter. 13 Tutu, in his introduction to the Report, uses apartheid and racism indistinguishably 384 06 ANT 3-3 Wilson (JB/D) 7/8/03 1:03 pm Page 385 WILSON National reconciliation processes as a single evil, without attempting to distinguish how racism and apartheid are historically specific and not quite the same thing. One could say that there has been racism since 1652, but a grand project of apartheid (in the Verwoerdian sense of denationalization of black South African citizens) only after 1948. 14 See, for instance, the work of Peter Fitzpatrick (1992). 15 As I write, a number of victims in the Khulumani Support Group in South Africa are bringing a law suit against Desmond Tutu on the grounds that he promised them reparations which they never received. 16 With non-governmental organizations such as the International Center for Transitional Justice in New York and Just Associates in Washington DC. References Arendt, Hannah (1963) Eichmann in Israel: A Report on the Banality of Evil. New York: Viking Press. Avruch, Kevin and Beatriz Vejarano (2001) ‘Truth and Reconciliation Commissions: A Review Essay and Annotated Bibliography’, Social Justice: Anthropology, Peace and Human Rights 2(1–2). Battaglia, Deborah (1999) ‘Toward an Ethics of the Open Subject’, in Henrietta Moore (ed.) Anthropological Theory Today, pp. 114–50. Cambridge: Polity Press. Boraine, Alex and Janet Levy, eds (1994) The Healing of a Nation? Cape Town: Justice in Transition. Borneman, John (1997) Settling Accounts: Violence, Justice and Accountability in Post-Socialist Europe. Princeton, NJ: Princeton University Press. Borneman, John (2002) ‘Reconciliation After Ethnic Cleansing: Listening, Retribution, Affiliation’, Public Culture Winter 14(2): 281–304. Bozzoli, Belinda (1998) ‘Public Ritual and Private Transition: The Truth Commission in Alexandra Township, South Africa, 1996’, African Studies 57(2): 167–95. Buur, Lars (2000) ‘Institutionalising Truth: Victims, Perpetrators and Professionals in the Work of the South African Truth and Reconciliation Commission’, PhD dissertation, Department of Anthropology, Aarhus University, Denmark. Chanock, Martin (1985) Law, Custom and Social Order: The Colonial Experience in Malawi and Zambia. Cambridge: Cambridge University Press. Cohen, Stan (2001) States of Denial: Knowing about Atrocities and Suffering. Cambridge: Polity Press. Comaroff, Jean (1985) Body of Power, Spirit of Resistance: The Culture and History of a South African People. Chicago: University of Chicago Press. Conley, John and W. O’Barr (1990) Rules Versus Relationships: The Ethnography of Legal Discourse. Chicago, IL: University of Chicago Press. Das, Veena, A. Kleinman, M. Lock, M. Ramphele and P. Reynolds, eds (2001) Remaking a World: Violence, Social Suffering and Recovery. Berkeley: University of California Press. Du Toit, Andre (1999) ‘The Product and the Process: On the Impact of the TRC Report’, Paper presented at the conference The TRC: Commissioning the Past 11 June 1999, University of the Witwatersrand, South Africa. Fitzpatrick, Peter (1992) The Mythology of Modern Law. London and New York: Routledge. 385 06 ANT 3-3 Wilson (JB/D) 7/8/03 1:03 pm Page 386 ANTHROPOLOGICAL THEORY 3(3) Girard, René (1977) Violence and the Sacred. Baltimore, MD: Johns Hopkins University Press. Habermas, Jürgen (1971) Knowledge and Human Interests (trans. J.J. Shapiro). Boston, MA: Beacon Books. Hacking, Ian (1982) ‘Language, Truth and Reason’, in Martin Hollis and Steven Lukes (eds) Rationality and Relativism. Oxford: Blackwell. Hacking, Ian (1985) ‘Styles of Scientific Reasoning’, in J. Rajchman and C. West (eds) Post-Analytic Philosophy. New York: Columbia University Press. Hacking, Ian (1999) The Social Construction of What? Cambridge, MA: Harvard University Press. Hamber, B. and R.A. Wilson (2002) ‘Symbolic Closure through Memory, Reparation and Revenge in Post-Conflict Societies’, Journal of Human Rights 1(1, March): 35–53. Hannerz, Ulf (1992) Cultural Complexity: Studies in the Social Organization of Meaning. New York: Columbia University Press. Hardt, Michael and Antonio Negri (2000) Empire. Cambridge, MA: Harvard University Press. Hayner, Priscilla (1994) ‘Fifteen Truth Commissions: 1974–1994: A Comparative Study’, Human Rights Quarterly 16: 597–655. Hayner, Priscilla (2001) Unspeakable Truths: Confronting State Terror and Atrocity. London, New York: Routledge. ICISS, International Commission on Intervention and State Sovereignty (2001) The Responsibility to Protect. Ottawa, Canada: International Development Research Centre. Ignatieff, Michael (2001) ‘Introduction’, in Jillian Edelstein Truth and Lies: Stories from the Truth and Reconciliation Commission in South Africa, pp. 15–21. London: Granta Books. Lipstadt, Deborah (1993) Denying the Holocaust: The Growing Assault on Truth and Memory. London: Penguin. Mahmood, Cynthia Keppley (2002) ‘Anthropological Compulsions in a World in Crisis’, Anthropology Today 18(3, June): 1–2. Merry, Sally Engle (1990) Getting Justice and Getting Even: Legal Consciousness among Working Class Americans. Chicago, IL: University of Chicago Press. Minow, Martha (1998) Between Vengeance and Forgiveness: Facing History after Genocide and Mass Violence. Boston, MA: Beacon Press. Moore, Sally Falk (1991) ‘From Giving and Lending to Selling: Property Transactions Reflecting Historical Changes on Kilimanjaro’, in K. Mann and R. Roberts (eds) Law in Colonial Africa. London: James Currey. Popkin, Margaret (1999) ‘Latin American Amnesties in Comparative Perspective’, Ethics and International Affairs 13: 99–122. Popper, Karl (1945) The Open Society and its Enemies: Volume 1. Plato. London: Routledge. Posel, Deborah (1999) ‘The TRC Report: What Kind of History? What Kind of Truth?’, Paper presented at the conference The TRC: Commissioning the Past, 11 June 1999, University of the Witwatersrand, South Africa. Roht-Arriaza, Naomi (1995) Impunity and Human Rights in International Law and Practice. New York: Oxford University Press. 386 06 ANT 3-3 Wilson (JB/D) 7/8/03 1:03 pm Page 387 WILSON National reconciliation processes Roht-Arriaza, Naomi and Lauren Gibson (1998) ‘The Developing Jurisprudence on Amnesty’, Human Rights Quarterly 20(4): 843–85. Ross, Fiona (2002) Bearing Witness: Women and the South African Truth and Reconciliation Commission. London: Pluto Press. Rorty, Richard (1998) ‘Charles Taylor on Truth’, Truth and Progress: Philosophical Papers. Cambridge: Cambridge University Press. Scarry, Elaine (1985) The Body in Pain: The Making and Unmaking of the World. Oxford: Oxford University Press. Taylor, Charles (1990) ‘Rorty in the Epistemological Tradition’, in Alan Malachowski (ed.) Reading Rorty. Oxford: Blackwell. Touraine, Alain (1995) Critique of Modernity. Oxford: Blackwell. Tutu, Desmond (1999) No Future Without Forgiveness. London: Rider Books. Wilson, Richard A., ed. (1997) Human Rights Culture and Context: Anthropological Perspectives. London: Pluto Press. Wilson, Richard A. (2001) The Politics of Truth and Reconciliation in South Africa: Legitimizing the Post-Apartheid State. Cambridge: Cambridge University Press. RICHARD ASHBY WILSON is Gladstein Professor of Human Rights at the University of Connecticut and author of numerous works on human rights, and political violence in Guatemala and South Africa, including The Politics of Truth and Reconciliation in South Africa. His edited and co-edited books include Human Rights, Culture and Context, Culture and Rights and Human Rights in Global Perspective. Address: Department of Anthropology, University of Connecticut, Storrs, CT, 06269, USA. [email: [email protected]] 387
© Copyright 2026 Paperzz