IJR 2011 Annual Report by Francois Van Schalkwyk

annual

report

2011

Vision Building fair, democratic and inclusive societies in Africa.

Mission statement The Institute for Justice and Reconciliation seeks to shape national approaches to transitional justice and reconciliation in Africa by drawing on community intelligence, as well as macro-trend research and comparative analysis.

contents A Word from our Patron

Message from the Chairperson

The IJR at a Glance

Executive Directorâ&#x20AC;&#x2122;s Report

2011 Highlights

The IJRâ&#x20AC;&#x2122;s Continental Footprint in Africa

Southern Africa 12 South Africa 12 Zimbabwe 22 The Greater Horn Region 26 South Sudan 26 Uganda 28 The Great Lakes Region 30 Burundi 30 The Democratic Republic of Congo 32 Rwanda 34 Kenya 35 Impact Beyond Country Programmes

2011 Key Events and Outputs

Human Resource Management, Institute Staff and Board, 2011

2011 Publications and Resources

Further IJR Publications

Financial Statements

Abbreviations 48 Contact Details

02 Institute for Justice and Reconciliation

A Word from our Patron

The year 2011 was a difficult one for South Africa. We saw many of our political leaders engage in immature and harmful debates, we refused the Dalai Lama entry into our country, the new ‘Protection of State Information Bill’ raised concerns about the state of democracy, as well as the many service delivery protests across the continent giving account to the still very unequal society we live in. My own proposal of the ‘wealth tax’ has not been listened to or debated in an analytically critical way, but shouted down. I often worry about the state of our country, which has grown from adolescence and should now be reaching adulthood at its 18 years of democracy milestone.

The IJR’s work illustrates how each one of us can become involved in pursuing justice and reconciliation – in communities and schools, with institutions, and by engaging one another as citizens and human beings.

To watch the work of the Institute for Justice and Reconciliation with keen interest in 2011 has however brought joy to me. The Institute has continued to pursue its work in this difficult environment and has, in many instances, enabled productive and robust debates, of which we have far too few. I still believe that working towards justice and reconciliation addresses the core challenges of our society. I wish that all citizens would make the issue of justice and reconciliation the centrepiece of their attention. I am proud to say that the Institute does not only work in South Africa but also nurtures its relationships with many countries outside of our borders. The Institute’s work brings our sisters and brothers from the rest of the continent closer to us. It helps us see that their suffering is not different from ours in many ways and that we are one continent. Congratulations to the staff of the IJR for once again delivering your work with compassion and excellence. Thank you for remaining committed to your organisation’s vision of building fair, democratic and inclusive societies in Africa. God bless you.

Archbishop Emeritus Desmond Tutu

annual report 2011

Message from the Chairperson

In the IJR 2008 Annual Report I hopefully wrote that: ‘All the signs are there that our species is entering a time of extreme change in both the social and natural worlds. We will certainly have to have our wits about us as we engage with these changes. Our Institute (IJR) gives us confidence that the organisations exist that will help us to find the conversations, matched by the actions that will carry us through.’ One always hopes that the worst that one imagines will simply remain an act of imagination. Alas, it is now clear that this is not the case, as things do threaten to fall apart. Our 1994 optimism has been severely jolted despite the many, many positive changes that our nation has experienced, and for which the state must be complimented. This is especially true with respect to infrastructure like schools and homes and access to water and electricity. In fact, some of the achievements are without parallel in the world, but so great is the need that they seem not to be enough. Is this perhaps because our post-apartheid expectations were set much too high and that our leadership promised too much too soon? Were we perhaps led to expect that through ‘service delivery’ all our needs, indeed our rights as set out in our constitution, could easily and swiftly be satisfied, despite the frightful legacy of underdevelopment that was our 1994 inheritance? Did we offer too simplistic a view of justice and reconciliation, such that our truth and reconciliation process itself was considered sufficient to bring peace and a new sense of purpose to all South Africans as we faced our future together? Was our notion of redress only a high-minded moral expression and not connected to a nationwide change, both spiritual and material, with due cognisance of what our planet is facing as our numbers continue to grow and natural resources become scarce and expensive and the climate changes.

In this report Fanie Du Toit sounds the warning that our people are restless and are seeking answers, especially from the state. Is this not the time then for us to engage in the national conversation that we should, as a people, have had in 1994? A conversation without fantasy but rather a dialogue infused with sense-making. We should in 1994 have come to an understanding about the state of our economy, the choices we had about our new economy and what our expectations from the state could realistically be. We should have come to understand the terrible legacy of apartheid, especially with respect to the pernicious destruction of family and community life in South Africa, and the sacrifices all South Africans would now have to make for decades to come as we construct our new dispensation. We should all have been deeply aware of the tragedy that was apartheid education and the cost of having had to wage a liberation struggle in and through educational institutions. We should have acknowledged a history which had left us with without a strong modern learning competence; one that we still do not have and which must be acquired at great speed, with the South African Democratic Teachers Union (SADTU) in the vanguard, if we are to secure the welfare of all our people. We should have come to a more inclusive national understanding about what we meant by ‘justice’ and ‘reconciliation’ and have plotted our way forward on the basis of that understanding, mindful always of the dynamic nature of change. Through its thoughtful, challenging, high-quality conversations and publications the IJR has sought to keep us in touch with what is real. It is honest and deeply concerned, but hopeful and steadfastly optimistic that we will ‘have our wits about us’ as we journey along a path that is becoming worryingly threatening. For this gift to us I thank the Board for their selfless, unpaid services. Thanks also to Fanie Du Toit, together with our wonderful staff, across all the roles, for their skills and their commitment to the challenge of sense-making in the service of humankind. Our gratitude and sincere thanks to our donors for their support and their deep understanding of the value of what we do. Professor Brian O’Connell Chair of the IJR Board

04 Institute for Justice and Reconciliation

The IJR at a Glance

The Institute’s work Having reached a milestone decade of its existence and operations, the IJR underwent a rigorous strategic review during 2011 and has since reformulated its medium-term objectives. In an effort to best reflect these developments, the Institute subsequently adapted the names of its different programmes, as well as those of certain projects, to more strategically align them with the reviewed objectives. This process was conducted in conjunction with a rebranding initiative from which the IJR’s new logo emerged as a more symbolic representation of the Institute’s work within Africa. This new logo, of which the IJR is very proud and which has received positive feedback from stakeholders, is used in this report. The recently revised programme and project names will also be referred to in this report.

The Institute for Justice and Reconciliation (IJR) was founded in the wake of South Africa’s Truth and Reconciliation Commission (TRC) in 2000 as the brainchild of several leading figures associated with the TRC. From its humble beginnings, the Institute has since grown to become a prominent voice for effective, responsive and participatory transitional justice and reconciliation processes in Africa. Its work is driven by a unique combination of community engagement, macro-trend research and comparative analysis that addresses the causes and consequences of conflict, which combined, contributes towards: • responsive and effective national policies; • innovative practices, processes and mechanisms; • knowledge and skills transfer; and • inclusive social and economic change at community level. Today, the IJR’s work spans eight countries on the African continent. The Institute is humbled by the trust that has been vested in it by governments and civil society organisations in partner countries, and is appreciative of the opportunity that it has been afforded to contribute to change and renewal in a continent with such abundant potential.

Vision Building fair, democratic and inclusive societies in Africa.

Mission Statement The Institute for Justice and Reconciliation seeks to shape national approaches to transitional justice and reconciliation in Africa by drawing on community intelligence, as well as macrotrend research and comparative analysis. The IJR has formulated five medium-term objectives (MTOs) which the Institute pursues across all its programmes. Naturally, these goals are not exclusively influenced by the Institute’s interventions, but are also dependent on external factors.

MTO 1

Policy processes are influenced by research, analysis and diverse community perspectives The first objective relates to monitoring and influencing policy processes by distributing a wide range of analyses, research and information to stakeholders. This is done through various means of communication including, but not limited to, publishing opinion articles in newspapers; the production of high-level research publications, policy briefs and conference papers and the public presentations as well as the hosting of public dialogue sessions. These initiatives are not only aimed at high-level policy-makers, but also seek to create awareness amongst community leaders and educators who form a crucial link between policy processes and the actual implementation thereof. As a result, the abovementioned and related activities not only aim to inform opinion on socio-economic justice in societies, but are also intended to inspire and mobilise stakeholders to use practical insights and knowledge.

MTO 2

Stakeholders gain and use knowledge about justice and reconciliation The second objective contributes towards the growth of knowledge and applying it to policy and societal development. The IJR therefore not only works to maintain its status as a respected source regarding issues of transitional justice, but is also dedicated to constantly gaining new insight and perspectives about how best to communicate its wealth of information. The IJR operates in an environment where reliance on theory has its limits. The search for justice and reconciliation may differ quite considerably from one context to another, also given that the capacity on the continent to shape information about justice and reconciliation remains low. Therefore, the Institute is committed to producing regular and current analyses and research, which is shared with its diverse range of stakeholders, to inform crucial decision-making processes in transitional societies. The Institute’s

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Image by Jenn Warren

South Sudanese woman

06 Institute for Justice and Reconciliation

The IJR at a Glance continued

IJR Logic Model

NEEDS

INPUTS

ACTIVITIES

OUTPUTS

CONTEXT AND SCOPE OF THE PROGRAMME

RESOURCES INVESTED

WORK DONE TO ACHIEVE DESIRED RESULTS

TANGIBLE PRODUCTS RESULTING FROM THE ACTIVITIES

SHORT-TERM OUTCOMES

MED. TERM OUTCOMES

LONG-TERM OUTCOMES

IMMEDIATE EFFECTS IN TARGET GROUP – KNOWLEDGE, AWARENESS

MEDIUM-TERM EFFECTS – CHANGES IN ATTITUDE

LONG-TERM EFFECTS – CHANGES IN BEHAVIOUR

IMPACT

FUNDAMENTAL LONG-TERM EFFECTS ON BROAD SOCIETAL LEVEL

DEVELOPMENT OF INDICATORS AT EACH POINT TO MONITOR PROGRESS TOWARDS COMPLETION/ACHIEVEMENT OF INPUTS, OUTPUTS AND OUTCOMES

historic link to the South African TRC, and its privileged access to South African and other African experts who are associated with it as research fellows, enables the IJR to field highly experienced teams to conduct capacity-building workshops and seminars in partner countries.

MTO 3

Platforms are created where personal and historical perspectives are acknowledged, prejudice challenged and inclusive narratives explored The third objective is to address the lingering influence of historical views and perspectives that often serve as a basis for ongoing political or social oppression and/or exclusion in one form or another. By focusing solely on the past, history teaching often neglects consideration about how the past impacts on present realities. The IJR therefore seeks to promote an approach to history teaching in schools that challenges historical narratives of exclusivity and oppression which still determine the way in which we interact. In its place, the IJR works to forge opportunities for inclusive dialogue on how to build a collective democratic future. This objective relates to the importance of national conversation and dialogue in transitional societies and to the practical and public building of consensus on issues related to the past – beginning at a grassroots level. This objective ensures that public

opinion is influenced by a diverse range of communities in a society to enhance democratic participation in dealing with the past. Diversity of opinion is a critical ingredient of the IJR’s work. Since most of its work is related to current or historical conflicts that have their roots in exclusion, it is vital that solutions should incorporate the views of all stakeholders that have been party to that particular conflict.

MTO 4

Divided communities are engaged in dialogue to overcome sources of conflict The fourth objective speaks to the core of reconciliation methods and involves the mediation of face-to-face encounters and dialogue processes between former enemies and political opponents in a sustained manner. Peace agreements often rely on pragmatic consensus among the elite and this discounts the entrenched roots of conflict. Yet it is undeniable that justice or reconciliation will not be truly realised without dialogue between parties that find themselves on different sides of a conflict. These primary sources cannot be addressed without conversations that elicit mutual understanding for the concerns of opposing parties. As a result, the Institute seeks to provide appropriate platforms for dialogues that have to overcome the legacy of divided histories in South Africa and other African countries.

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MTO 5

Democratic, fair and inclusive practices guide the Institute’s processes, policies and operations The fifth is the most recently formulated objective, committing the IJR to, in layman’s terms, ‘practise what it preaches’ and apply its values and work ethics within the organisation as well. The work of the Institute is organised into three programmes. The Justice and Reconciliation in Africa Programme (JRA) works with and within fragile African states and cooperates with international, continental and regional organisations to promote mechanisms that facilitate peaceful political transition in these states. It has sustained engagement in three regions in Africa: • The Great Lakes – Burundi, The Democratic Republic of Congo, and Rwanda; • The Greater Horn – South Sudan and Uganda; • Southern African – South Africa and Zimbabwe; and • Kenya and International Justice. Its work incorporates comparative analysis, policy briefings, capacity building and collaborative political intervention, specifically with a view to promote justice and reconciliation in post-conflict settings. The programme also hosts an Annual Regional Consultation with key continental stakeholders, and a Transitional Justice Fellowsin-Residence Project that offers practitioners from across the African continent a reflective space along with the opportunity to engage more directly with perspectives from the South African transitional experience. The programme also engages with the African Union (AU), the International Criminal Court (ICC) and the United Nations (UN). The Institute’s Policy and Analysis Programme (PA) provides the IJR with the required research and analytical insights to execute its vision. Through its publications and presentations, it disseminates these insights amongst policy stakeholders. The unit’s footprint can therefore be tracked in forums that span community organisations and university classes, right through to government departments which subscribe to its publications. It is structured along the lines of its two core projects, the Reconciliation Barometer Project (RBP) and the Inclusive Economies Project (IEP). The RBP is a national survey-based project that measures public opinion on socio-political change and its impact on national unity and social cohesion, while the IEP looks at the same questions through a socio-economic lens, focusing on four key areas, namely the macro-economy; the labour market; skills and education; and poverty and inequality.

• Reconciliation Barometer Project • Inclusive Economies Project The Building an Inclusive Society Programme (BIS) works towards the building of societies that are at peace with themselves and their neighbours. In broad terms, this involves a pursuit of more inclusive communities and more effective institutions. In practical terms, it does this through the prioritisation of five focal areas, namely: • Oral history as a tool for reconciliation; • The identification of conversations; • Inter-generational dialogue; • Exposing the youth to issues related to social justice and reconciliation; and • Inclusive community development. The insights gained from these processes are fed into the policy-making environment, to ensure that policies around social cohesion incorporate the latest practical lessons that have been learned.

The Logic Model underpins the Monitoring and Evaluation System of the IJR The IJR has developed the logic model (see page 06) which guides the monitoring and evaluation processes of the Institute. The graph of the impact model shows how a programme’s activities link to its outcomes. As a monitoring and outcome measurement tool, the model assists in developing appropriate indicators against which to measure outputs and outcomes on a continuous basis, which in turn feeds back into the fine-tuning and feedback for the design of interventions. The IJR impact plan shows how each of the short-term objectives identified contributes towards the achievements of the mediumterm objectives. It also indicates how these, collectively, lead to the accomplishment of the Institute’s long-term vision. This institution-wide logic model, broken down to programme and project level, ensures accurate monitoring, evaluation and reporting functions. It also acts as the basis from which the Institute develops theories of change for its work.

08 Institute for Justice and Reconciliation

Executive Director’s Report

In response, the government of President Jacob Zuma formulated a set of longer-term national goals to galvanise efforts across different sectors of society. While the National Planning Commission’s Draft National Development Plan (NDP) is being analysed and debated, one central fact is becoming clear: the simplistic notion that economic and social inclusion is an unrealisable ‘leftist ideal’ has been dispelled. Possibly for the first time South Africans from all walks of life, including those with more means and resources at their disposal, are debating ways to make good on reconciliation’s most profound promise – that of social justice.

South Africans may, in time, remember 2011 as the year in which the troubling debate about social and economic inclusion became a national conversation in the true sense of this phrase. The tragic death of Mr Andries Tatane, allegedly at the hands of the South African Police Service (SAPS), became a powerful symbol of the escalation of the material anxiety of poor South Africans, and the pressures that it exerts on the democratic state; a march for ‘economic freedom’ on the Union Buildings highlighted the plight of young citizens angry at being marginalised from the formal economy; and Archbishop Emeritus Desmond Tutu reminded well-to-do white South Africans of their historical privilege and their duty to pay some form of restitution to those at whose expense their wealth was gained.

In 2010 the IJR celebrated its first ten years in existence with a range of far-reaching reflective and planning exercises. This year afforded the opportunity to integrate these insights into a five-year strategic plan – the formation of which required a collaborative effort involving input from staff and board members, coupled with feedback from stakeholders and the general public. The result is a plan that is both inspiring and realisable, and one to which the IJR community as a whole has committed itself.

This volatile and often unsettling domestic context was well matched further afield on the African continent and, indeed, the world. Particularly in the Middle East and North Africa, the revolutionary changes brought about by the ‘Arab Spring’, in part also precipitated by the global financial crisis, became a dominant reality. New governments have emerged, or are emerging, in Egypt, Tunisia, Yemen and Libya, while major political transitions took place in Côte d’Ivoire and South Sudan – the latter became the world’s youngest nation, the Republic of South Sudan, on 9 July 2011. Whilst writing this piece, the bloody toll of the Syrian uprising is continuing to rise, without a political or military solution in sight. These seismic changes have, probably more centrally than ever before, placed reconciliation and its promise of comprehensive justice squarely on the continent’s agenda – more so than has arguably been the case in recent memory. As Burundi puts measures in place to commence its long-awaited Truth and Reconciliation Commission (TRC) and the Côte d’Ivoire’s TRC has begun its work, the Mauritian TRC and the Kenyan Truth, Justice and Reconciliation Commission are wrapping up their respective missions. The IJR has continued to assist countries such as these and others in the midst of and beyond political transition to mitigate the risks and fulfil the potential inherent in large-scale political change. To this end, the Institute worked closely with the Burundian Presidential Committee, tasked with setting up that country’s TRC, and engaged with the Côte d’Ivoire and Kenyan commissions while one of its senior research fellows advised the Mauritian commission on preparing its final report. In-depth consultations with victim communities in Uganda and South Sudan produced significant reports – the latter published in the form of an acclaimed volume that has attracted international attention. A similar book on Zimbabwe reported on two years of IJR engagement with stakeholders, ranging from faith communities and gender activists to political parties, trade unions and community leaders in that country. Ongoing efforts to assist communities to move beyond apartheid-styled social divisions saw the publication of several qualitative studies focusing on the link between identity, political representation and social deprivation, such as a study on memorialisation in Potchefstroom and a history

annual report 2011

These seismic changes have, probably more centrally than ever before, placed reconciliation and its promise of comprehensive justice squarely on the continent’s agenda – more so than has arguably been the case in recent memory.

teacher’s guide, titled How South Africa Made Peace, completing the trilogy in the Turning Points publication series which has proven its popularity over the past five years. In addition, the seventh edition of the South African Transformation Audit has been refreshingly adapted. More concise and thematically focused, it has been avidly awaited and warmly received by academics and some of the leading figures in the policy-making community. It offers a reasoned and seasoned analysis of economic policy-making in a challenging global climate, and points to key building blocks in our quest for a more inclusive society. The South African Reconciliation Barometer Project (SARB) launched a set of focus groups across the country to determine the most up-to-date perceptions about reconciliation and justice in the country. These findings not only fed directly into the IJR’s five-year plan, but also informed a set of careful changes in the SARB Survey itself, which was launched, to wide acclaim, for the eleventh time in December. In 2010 the IJR celebrated its first ten years in existence with a range of far-reaching reflective and planning exercises. This year afforded the opportunity to integrate these insights into a fiveyear strategic plan – the formation of which required a collaborative effort involving input from staff and board members, coupled with feedback from stakeholders and the general public. The result is a plan that is both inspiring and realisable, and one to which the IJR community as a whole has committed itself. With this goal in mind, the IJR also conducted a series of scenario-planning exercises in 2011 with a focus on ‘national futures’ for South Africa, Zimbabwe and other countries in which it works. These scenarios, developed with the assistance of Reos Partners, have provided important pointers on the way forward. There has been a marked improvement in the IJR’s communication strategy and reach, both through traditional means and online, as the organisation has begun to enlist social media as a means to spread key messages about its vision of what needs to be done to secure a prosperous future for all. The significantly enhanced human resources system also represents a major area of growth for the Institute. Finally, this year saw the Institute undergoing an extensive external evaluation conducted in early 2011 by the Danish management consultancy firm COWI. The report, which noted that the IJR ‘continues to position itself among the leading NGOs in Africa in the field of transitional justice’, contained a number of valuable insights that have also informed our thinking in drawing up the next five-year plan.

Image: Dr Fanie du Toit addresses educators at a workshop where officials from the education department and other experts debated how to teach the topic of reconciliation in schools.

use of its resources to continue to maximise its impact in the places in which it operates. The Institute has identified the following cross-cutting modalities to execute its mission more effectively and efficiently in future: • Transfer of expert knowledge: The IJR will grow its influence in both mainstream and informal education interventions to become a leading institution of strategic knowledge and skills transfer in the field of justice and reconciliation. • Communicating key messages: The external evaluation conducted in 2011 found that the Institute needs to grow capacity in order to communicate key messages more effectively within South Africa, on the continent and globally. The IJR will to seek to become a communicator for change and transformation. • Operate with high levels of synergy: The Institute is committed to further cooperation across the various programmes to ensure strengthened alignment and greater impact. • Listening to grassroots communities: The scenario-planning exercise, as well as ongoing activities with communities, underscored the need to increasingly integrate research activities with anecdotal, perception-based and narrative information. Various methods will be explored to combine these different forms of data in producing outputs and interventions. • Creating space for innovation and creativity: Despite the fast pace of work, the organisation is committed to allowing greater time for debriefing and reflection amongst staff, aimed at creating a working environment that is conducive to creativity, reflection, innovation and efficiency, particularly in post-conflict contexts. • Nurturing social capital: The IJR will continue to work with partners and grow its already significant network-base across the continent. In-depth situational analyses and engagements with partners will increase credibility and legitimacy wherever the IJR is active. • Making products accessible: New media and the internet will be utilised as a platform to increase the accessibility to resources and material, and improved strategic distribution techniques will be developed. The past year has not been an easy one, nor was it ever going to be. At the same time, retrospectively, it could yet lead to greater resolve to build fairer, more democratic and more inclusive societies, both in South Africa and further afield. The IJR remains committed to this ideal.

Looking ahead, the Institute will continue to promote justice and reconciliation on the African continent and, steered by its new five-year strategy, will work hard to make efficient and effective

Dr Fanie du Toit Executive Director April 2012

10 Institute for Justice and Reconciliation

2011 Highlights

Images have been provided by Sara Gouveia, Michaela Verity, Tim McKulka, Jenn Warren and IJR staff.

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The IJRâ&#x20AC;&#x2122;s Continental Footprint in Africa

REGIONS Southern Africa

The Great Horn

The Great Lakes

1 South Africa 2 Zimbabwe

3 South Sudan 4 Uganda

5 Burundi 6 The Democratic Republic of Congo 7 Rwanda

Kenya and International Justice 8 Kenya*

3 4 6

* During 2011 the IJR built relationships with partner organisations in Kenya and two Kenyans participated in the Fellows Programme. The Kenya desk was officially launched in 2012.

12 Institute for Justice and Reconciliation

Southern Africa South Africa Zimbabwe

SOUTH AFRICA As South Africa prepares to celebrate the twentieth anniversary of the country’s first democratic elections in 1994, it is also an opportune moment to look back on its achievements and shortcomings over this period. For the IJR, this means reflecting on the extent to which the country has been able to create a society that is more just towards it citizens, and in which citizens live peacefully alongside each other, gradually leaving behind the sources of conflict that have in the past brought it so close to the abyss. Such reflection points to a mixed record.

On a political level significant strides have been made, which has seen the country entrench a peace that was fragile when the transition occurred. New democratic public institutions have been created and have been functioning with relative efficiency. A general area that, nevertheless, still requires improvement is the challenge of translating well-crafted policy into effective implementation. Much still needs to be done in terms of the country’s levels of social cohesion. Although segregation is no longer legislated, citizens continue to live lives that are predominantly divided along the country’s historically defined racial lines. While a growing black middle class is changing the complexion of this sphere of society and remedial legislation such as affirmative action and broad-based black economic empowerment is impactful, much still needs to be done to facilitate dialogue and understanding amongst people who lived on different sides of the racial divides during apartheid. The larger challenge, upon which its success hinges, is the extent to which South Africa manages to deal with its high levels of poverty and social inequality. While poverty levels have been reversed marginally, the absolute number of the poor has increased significantly since 1994. During the same period, inequality has continued to grow to levels that are amongst the highest in the world. Increased levels of social conflict, particularly as it relates to protests against poor service delivery, have become indicative of the heightened degree of frustration experienced by citizens. In order to overcome obstacles to greater social cohesion, and ultimately become what former Archbishop Desmond Tutu has referred to as ‘the rainbow nation’, it will therefore be incumbent upon South Africans to remove those obstacles which provide the profound sense of economic alienation felt by almost half the country’s population.

Publications and data influencing change The South African Reconciliation Barometer (SARB) and the Transformation Audit (TA) publications are the IJR’s core South African research interventions. The SARB is a survey-based project that produces quantitative public-opinion data to track public sentiment on what people think and feel about their own position in society. It also measures their prospects for the creation of a society that is fair and accommodating to all who live in it. At present, its emphasis is on South African public opinion, and the findings of the eleventh round of this national survey have been captured in the 2011 South African Reconciliation Barometer Survey Report, which was launched in December last year. In addition to the 2011 survey itself, an extensive series of national focus groups across South Africa were conducted to gauge current sentiment and perceptions around the concept of national reconciliation. The findings of these focus group discussions will be documented during 2012, and its insights will be incorporated into the future rounds of the survey as well as in the programmatic approaches of the Building an Inclusive Society Programme (BIS).

annual report 2011

Image far left:

While a growing black middle class is changing the complexion of this sphere of society and remedial legislation such as affirmative action and broad-based black economic empowerment is impactful, much still needs to be done to facilitate dialogue and understanding amongst people who lived on different sides of the racial divides during apartheid.

Local radio station journalist in Worcester interviews a youth participant at the Building an Inclusive Society event held in Zwelethemba, in the Western Cape. Below from left: Keynote speaker, Deputy AuditorGeneral and Chairperson of the Executive Committee, Kimi Makwetu, at the launch of the 2010 Transformation Audit. Image by Sara Gouveia

Many, if not most, of Africa’s major conflicts have their origins in material causes. Whether they manifest along ethnic, regional or religious lines, the ultimate source of these conflicts can be found in the contestation for resources – be it in the form of land, natural resources or access to employment. Peace settlements that do not systematically address these root causes are unlikely to be durable. The Inclusive Economies Project, through its Transformation Audit publication, aims to provide insights into the ways in which skewed economic resource distribution results in unequal development and how this, in turn, can give rise to different forms of conflict. Towards this objective, the project is increasingly positioning itself to participate actively in the search for inclusive economic-policy solutions which will address the developmental inequities that can result from conflict if left unattended. The 2010 TA was launched in February 2011, with both a media briefing and a public event addressed by Deputy Auditor-General Thembekile Makwetu. The 2011 SARB Report, which contains the most recent results of the survey, was launched in December 2011 – just ahead of the National Day of Reconciliation. As in previous years, both the TA and SARB Report continue to receive extensive coverage in broadcast, print and electronic media, ensuring broad awareness of the projects and their key insights. A comprehensive list of media articles related to both reports is available on request. During 2011 the Policy and Analysis Programme worked towards the creation of greater synergy between its outputs. Given the growing prominence of socio-economic inequality as a source of social division in South Africa – a fact confirmed by consecutive SARB surveys – the Unit has placed increasing emphasis and analytic focus on this phenomenon and its impact on citizens. The 2011 survey was therefore expanded to include a significant number of new questions relating to ordinary citizens’ perceptions of material insecurity. The 2011 TA, launched in February 2012, features contributions by prominent thought leaders such as Neva Makgetla, Michael Spicer and Chris Malikane, and now also contains an additional chapter with IJR-generated quantitative

data on public sentiment towards personal and national socioeconomic conditions. In addition, both documents were also made available electronically on the Institute’s website and were distributed in print copy to all department heads in the Presidency (which includes the National Planning Commission and the Department of Performance Management, Monitoring and Evaluation), all government departments, targeted business, labour and civil society leaders, as well as all national libraries and tertiary institutions across South Africa. In total, close to 1,200 copies of the TA publication were disseminated to opinion leaders, excluding downloads from the IJR website. Several letters of acknowledgement provide verification for the broad dissemination of these products. Measuring the impact of research publications, such as the SARB Survey Report and the TA, is one of the more daunting challenges in applying monitoring and evaluation tools. As in previous years, the extent to which their insights actually shape national debate and intellectual engagement remains difficult to track. Through correspondence, media coverage reports and the online tracking of citations, it has however been possible to distil ample evidence of their impact. Apart from being cited by the relevant stakeholders, these publications are also increasingly being used as tertiary resources to inform the thinking of a new generation of South Africans. An example of its use is evident as post-graduate course material at higher education institutions, such as the Universities of Johannesburg (UJ), Stellenbosch and Cape Town (UCT). Over the course of the past year, numerous requests were received from academics and researchers interested in conducting secondary analysis of the SARB survey dataset. These included the following institutions: the Human Sciences Research Council (HSRC) for publication in a ‘State of the Youth’ report; UCT; the Centre for Social Science Research; the University of Aberdeen; the City University of New York; the University of Pittsburgh; New York University; the University of British Columbia,

14 Institute for Justice and Reconciliation

Southern Africa South Africa

and the Office of the High Commissioner for Human Rights in Geneva. All SARB survey datasets and reports have also been forwarded, upon request, to the South African National Planning Commission (NPC). We anticipate that this data will increasingly feature in the NPC’s documentary outputs. Apart from these annual publications, the Institute produced several additional publications. These include the quarterly SARB newsletters; three briefing papers (two of which provided responses to the NPC’s Diagnostic Report and the third which explored the socio-economic contexts within which corruption proliferates); a published article on migration patterns in developing states in an occasional paper of the Konrad-Adenauer-Stiftung; and a further article on non-racialism that appeared in the final 2011 edition of the journal Politikon. A major output for 2011 that has already attracted international attention is the publication of an electronic, searchable and interactive database featuring the most prominent truth and reconciliation commissions thus far. This joint project of the IJR and Georgetown University was authored by the IJR Senior Research Fellow Charles Villa-Vicencio, former director of research at the South African TRC and founding director of the IJR. It is an invaluable tool for researchers and possibly ‘the best of its kind in the world’, as was remarked at its launch in Washington DC. The resource, which will be continuously updated, is hosted on the IJR website.

Broadcasting reconciliation via the media During 2011 considerable energy was devoted to enhancing the IJR’s media profile. Apart from the citations of its work in the various media, the Institute also participated in public policy debates through the contribution of opinion articles to national papers, such as The Sunday Independent, Business Day and The New Age, as well as large regional papers, such as The Star and Cape Times, and online portals, such as the South African Broadcasting Corporation’s (SABC) news website (www.sabcnews.

com) and Mail & Guardian’s Thought Leader (www.mg.co.za). Feedback from some of these articles included: ‘Great piece. Very measured and finely argued’, and ‘This is a very fine article, splendidly argued and written. Thank you for the valuable writing.’ In addition, staff members participated in a considerable number of radio and television interviews for their expert opinions regarding current affairs. A significant proportion of these took place around the local government elections in May, when the Policy and Analysis Programme was approached by the SABC to provide exclusive analysis around the highly contested municipalities of the Western Cape. As a result of what was described by the SABC’s digital editor as ‘an excellent working relationship’, the Unit was approached to provide monthly opinion pieces to the broadcaster’s newly launched news website. South African public discourse took on an increasingly polarised tone in 2011, which has lead to various requests for commentary, analysis and participation in debates on radio and television. In response to Dr du Toit’s participation in a panel discussion titled ‘Not in Black and White’ on SAfm in August, moderator Tsholofelo Pelo commented afterwards that: ‘The discussion was really amazing and your contributions went over all expectations [...] I really must thank you for your help, sir; you will surely hear from me in the near future regarding other topics.’ As far as online coverage is concerned, the visibility of the SARB blog (www.reconciliationbarometer.org) has grown exponentially over the past year, and a formatting update was implemented. The number of people that have accessed this online platform has almost doubled from 7,900 in 2010 to 14,200, resulting in a significant increase in participation in debates on the blog.

annual report 2011

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Zetu Makamandela-Mguqulwa (UCT), Ian Ollis (DA) and James Ngculu (ANC) in conversation at the dialogue on ‘Employment Equity: Ticking boxes or True Transformation?’

Feedback from the audience at the dialogue on ‘Employment Equity: Ticking boxes or True Transformation?’, hosted by the IJR.

In April 2011, the IJR in collaboration with the Cape Times launched the Race and Identity series. This is one of the articles published in August 2010 on the perspectives of young people regarding the theme.

Panel members Zimitri Erasmus and Zelu MakamandelaMguqulwa debate at the dialogue on ‘Employment Equity: Ticking boxes or True Transformation? Images by Michaela Verity

The IJR’s website and facebook page are additional public online platforms where people interact with the Institute. The number of facebook fans has increased to more than 820 individuals, who receive regular updates on the IJR’s activities and insights. From January until the end of October alone, the IJR website counted almost 20,000 visits, of which approximately 10,000 were new visitors. The average time spent on the site per visitor is three minutes, which suggests that most visitors spend more time reading and searching the website than just clicking to the next page. In addition, the spread of visitors from 139 countries points to an increasing global interest in the IJR’s work.

communities. The feedback from these engagements was overwhelmingly positive. For example, in response to a presentation made by Jan Hofmeyr, head of the Policy and Analysis Programme, at the Omega Invest Conference on the durability of the South African Constitution, Omega Invest director, Dennis Worrall, commented that:

In addition, the Race and Identity series, launched in partnership with the Cape Times, accommodated a variety of opinion pieces authored by well-known South Africans, as well as ordinary citizens debating and elaborating on the topic of how identity is still shaped by race in South Africa. Dr Neville Alexander opened this discourse in April with an article titled ‘Race is skin-deep, humanity is not’. It was followed by further input from young South Africans regarding their perspectives and experience of race, as well as insights from the whole of the African continent. Readers were confronted with thought-provoking and diverse perspectives on the topic, reflecting the complexity of the issue.

Similarly, after the presentation of a paper on non-racialism at the Ahmed Kathrada Foundation in Johannesburg, the former Minister of Health, Barbara Hogan, commended Kate Lefko-Everett on the quality of her paper and requested a copy. A Twitter feed on the proceedings of that specific conference (#AboutRace) also commented extensively on the paper. Dr du Toit, who shared the stage with the patron of the IJR, Archbishop Emeritus Desmond Tutu, at a Women’s Day event in Cape Town, received positive feedback on the links drawn between gender justice and reconciliation.

‘Jan Hofmeyr’s contribution to the Constitutional Workshop on Thursday was quite exceptional. The content was fascinating, his presentation excellent and his response to questions first rate.’

The third main area of activity includes the hosting of and participation in public discussions, conferences and workshops, as well as briefings and meetings.

Dr du Toit also participated in the UN Alliance of Civilisations Global Summit in Doha, Qatar, and provided analysis, concept notes, facilitation and presentations to a global audience representing more than 100 countries, including several heads of state and ministerial delegations.

In 2011, the Institute participated in a large number of engagements with stakeholders, which consisted of a broad range of formats, audiences and topical issues. These included more than 22 briefings by the Policy and Analysis Programme, presentations at national and international conferences, workshops and roundtable discussions, as well as the attendance of similar events as participants. Audiences have included diplomats, academics as well as representatives from government departments, the business community, social movements, labour organisations and religious

Dr Tim Murithi, head of the Justice and Reconciliation in Africa Programme, presented papers and lectures on various platforms in a range of African and European countries, offering an African perspective on issues relating to transitional societies and countries in conflict. These presentations included a paper on ‘The African Union and European Union: Partnership on Peace and Security’ at the University of Pretoria in February, in March a paper on ‘The Birth of a Nation: An Independent South Sudan and the Prospects for Peacebuilding and Development’ at the South African Institute

Platforms to engage and debate policy processes

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of International Affairs (SAIIA), and a paper on ‘The African Union and UN Security Council: Tensions in Peace and Security Policy’ at a seminar organised by the Konrad-Adenauer-Stiftung. In May, the SARB Project – together with the Rethinking Race and Affirmative Action in the United States and South Africa Project – co-hosted a successful public dialogue on the topic of ‘Employment Equity: Ticking Boxes or True Transformation?’ The panel attracted well-known and established speakers, whose inputs were republished in the second issue of the SARB newsletter in 2011. Panellist, Kashif Wicomb later wrote to thank the IJR for inviting him to participate, ‘and for the absolutely professional post-event follow-up and capturing of the discussions’. An Employment Equity Forum, which was set up on the SARB blog to continue this debate, received 196 hits within several months of the event. During the same month, the Community Healing Project hosted a group of practitioners and policy-makers of Northern Ireland’s post-conflict reconciliation process. The group, led by academics from the University of Ulster, discussed the latest trends from the 2010 Reconciliation Barometer, the Community Healing Impact Evaluation Report and challenges to reconciliation. Channels for cross-learning between the South African and Northern Ireland contexts have emerged and future sharing of insights for the development of educational material on post-conflict community peace-building initiatives will be developed. In October, two further events provided a platform for stakeholders to share insights towards policy processes. These events related to a joint project with the Club de Madrid and Institute for Democracy in Africa (IDASA). The project, titled ‘Learning to Walk Together’, is aimed at finding new ways to conduct national dialogue at a time when the South African public discourse is becoming increasingly angry and polarised. The first event was a teleconference between stakeholders in Cape Town and Johannesburg to discuss the potential parameters within which such a project could be conducted, as well as possible partici-

Paul Mokoena began his history teaching career in 1990 and is currently a senior teacher at Potchefstroom Secondary School in Mohadin – a previously predominantly ‘Indian’ school which today draws its staff from across the traditional divides and is attended by learners from mainly black-African, Indian and coloured communities. During an educator oral history training session, Mokoena reflected on his prior participation in the Inkosi Albert Luthuli Young Historians’ Competition: ‘You will never know what potential learners have until you pose a challenge to them. All I had to do was to throw up the opportunity to them and guide them. The investigating skills they acquired in the project could also apply to other subjects like physical science. When I saw pictures of Makwateng, I became very emotional. Some of the houses looked like houses in Orlando East and in Atteridgeville. I said to myself this must have been a very beautiful township [...] my parents lived there before they were removed [...] so it was just an experience out of this world. This kind of project [Potchefstroom Schools’ Oral History Project] is needed to capture the history of our local community so that learners can know that even in their own community there are heroes. [Though] we acknowledge our national heroes, we also have our local heroes.’

pants and strategies to implement it. The second event was a scoping exercise, during which opinion-leaders from the Western Cape reflected on opportunities for, and obstacles to, more honest and inclusive conversations about the diverse challenges facing South Africa. The content and tone of the discussions highlighted a number of issues that will be incorporated in further conversations to be conducted elsewhere in the country during 2012. The general feedback to the project and its content was positive. The Institute’s Living Reconciliation series, which was launched in 2010, has contributed to serious and meaningful debates

annual report 2011

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IJR patron, Archbishop Emeritus Desmond Tutu, leads the panel, which includes from left to right: Prof. Bernard Lategan, Sipho Pityana and Ferial Haffajee in conversation with SRC presidents, at ‘A Moral Imperative to Speak’.

Prof. Pumla Gobodo-Madikizela addresses an engaged audience at ‘A Moral Imperative to Speak’. Emerging leaders engage at the ‘A Moral Imperative to Speak’ dialogue.

Images by Sara Gouveia

Johhny Bok’s documentary screening in Andriesville in June was attended by community members and people from surrounding farms. The elders in the community were extremely excited and approved of what was said. One of the elders even cried, saying that she never thought she would see the story of their community told with so much respect and integrity. It was interesting to note that all the community members came to see the film. These included some of the same people who had refused to participate in the film when it was shot the previous year, but now they were very keen to see what exactly the film was all about. Their original objection was that they had felt ‘used’ by many previous companies who came and recorded their history, promised to show them the results, but never returned, and even ridiculed them. When they saw this film, things were different. People were crying because they couldn’t believe that their story and their history could be told in such a respectful manner. Some even apologised for refusing to participate and promised that if ever they were needed in future, they would gladly cooperate.

around reconciliation in South Africa. In August, the Institute, together with the University of Cape Town, hosted a talk, themed ‘A Moral Imperative to Speak’. The event sought to promote a conversation between young and established leaders on the challenges facing South Africa. The group of senior leaders included Archbishop Emeritus Desmond Tutu; director of the Stellenbosch Institute for Advanced Study (STIAS), Prof. Bernard Lategan; City Press editor, Ferial Haffajee; and Council for the Advancement of the South African Constitution (CASAC) chairman, Sipho Pityana. The younger generation was represented by a group of young community leaders and student representative council (SRC) presidents from universities in the Western Cape. On a national level, the Institute contributes its insights to the National Forum Against Racism South Africa. Composed of

policy-makers from national government departments as well as civil society organisations, this forum has since developed a National Action Plan for South Africa to understand racism and to propose measures to address it as a nation-building challenge. The Institute played an important role in informing the action plan and provided extensive input based on established insights and experience of the tools for implementing such plans. In collaboration with the National Forum Against Racism, the Institute has contributed to the planning of a series of public consultations with communities, civil society organisations and policy-makers in an effort to deepen public discourse about the challenge of racism and understanding measures to address it. The IJR contributed to this process by submitting its SARB survey findings and insights from the Community Healing Impact Evaluation Report. As part of the South African Coalition for Transitional Justice, the IJR has also worked to facilitate the direct participation of communities and apartheid victims in response to the national government’s proposed Reparations Policy. Still in an initial phase, the coalition facilitated a meeting between community stakeholders in Salt River, Cape Town, to source inputs from affected groups. The aim was to gather information geared at informing the government’s proposed Community Reparation Programme to be launched in 2012 through the Department of Justice. To date, the department has been unable to conduct adequate community consultations about the shape and scope of this reparations package – a proposal that formed part of the Truth and Reconciliation Commission’s recommendations.

Inclusive historical narratives In its work with learners and teachers, as well as other community stakeholders over the past few years, the Institute has accumulated a wealth of knowledge and experience in understanding past narratives of exclusion and opening vistas towards inclusivity. This work has shown that engaging with the past has significant impact on people’s mindsets and behaviour towards others in

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their community. This knowledge was recognised internationally when senior project leader, Cecyl Esau, was invited to share his insights and conduct two workshops at a conference of the European Association of History Educators (Euroclio) in Macedonia. The conference formed part of the project ‘History that Connects: How to teach sensitive topics in the countries of the former Yugoslavia’. The methodology was well-received and various online articles reflect the work and excitement of participants at the conference. The most recent implementation of Oral History Project’s work took place in the area of Potchefstroom, in the North West Province of South Africa, focusing on changing street and place names. The Institute embarked on a series of workshops with educators from the region, where the issue of street-naming has become a particular source of community tension. The workshops taught participants to become aware of their own history, how it related to that of their fellow residents and sought ways to develop a sense of an inclusive history. A studentteacher participant noted his experience in the visual literacy workshop as ‘invigorating’, because it allowed him to collaborate with people whose views did not conform to his own. Participants of this workshop came from a diverse racial, class, cultural and gendered background. Furthermore, the representative age balance also allowed for critical engagement, while studentteachers provided invaluable energy and perspective. Feedback indicated that the workshops heightened participants’ levels of awareness about how interrelated the narratives of various community identities are and the importance of oral history as a tool for reconciliation. At the same time, it created a consciousness which often unmasked the roots of the various divides, stereotypes and prejudices that have been brought about by colonialism and apartheid. As a result, it also put the scale of the challenge to undo these social legacies into perspective. The post-training feedback suggested that the workshops managed to make important breakthroughs in terms of challenging preconceived ideas; one participant remarked

that, ‘I was not aware about the impact the names of streets and places have on citizens, but now I know.’ The pre and post tests that assessed the knowledge-base and the change brought about by the workshop resulted in participants scoring between 50 and 80 percent – indicating that participants had a significantly improved grasp of oral history, Potchefstroom’s history and of reconciliation. In addition to the work in Potchefstroom, participants in the IJR’s Community Healing Project were exposed to a series of oral history dialogues in their communities. This assisted in the sharing of hitherto unknown histories between community elders and young people, between homeless people from diverse geographical areas in South Africa and other African countries, as well as between different individual accounts of community history. Besides the direct intervention and impact on South African history narratives, the Oral History Project also worked across national boundaries. A group of post-conflict community peacebuilders from Wicklow, Ireland, together with peers from the Bonteheuwel and Langa communities in Cape Town, shared the challenges of adjusting to civilian life after many years as armed combatants. Personal narratives of life in the armed struggle were shared by former combatants between the two groups. Useful insights were provided by the visitors on the different peace-building initiatives shared by members of their group.

Engaging youth The Institute also used its Memory, Arts and Culture Project to support the creation of inclusive community narratives with young people and their constituencies by launching the Follow the Beat (FTB) and African Identities film initiatives. The use of the FTB Resource Guide and the screenings of African Identities have provided opportunities for dialogue among the audiences and participating communities and have helped to propel the Institute’s aim of bringing together communities across racial and cultural divides.

annual report 2011

Images far left: The Ashley Kriel Youth lecture at UWC attracts a full auditorium, with swimmer Natalie du Toit as keynote speaker. Images by Sara Gouveia

‘Now that I have seen this film, my history has been documented and my great-grandchildren will be able to learn from this film; I am ready to die now, my work is done.’ – Auntie Ana in Riemvasmaak

Young attendees at the Building an Inclusive Society Programme’s reconciliation event in Zwelethemba, Worcester, Western Cape.

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The African Identities film series of the Memory, Arts and Culture Project has been one of the Institute’s groundbreaking endeavours that came to fruition in 2011. If there was any doubt, this project bears testimony that the arts present a viable forum for these voices to be heard in a dignified and respectful manner. This project equipped young people from different parts of the continent living in South Africa to produce film documentaries that capture how their identities have been shaped in this country. It provided a unique perspective on how young people make sense of a country that is framed by the narratives of older people who have lived through the transition to democracy. These films elicited positive responses at their premiere in Cape Town, at the Encounters South African International Documentary Film Festival, and the Durban International Film Festival. The documentary screenings in the participants’ communities, as well as at major film festivals, provided a platform for young people to voice their concerns after watching the films and allowed for the acknowledgement and acceptance that people’s differences need not be a source of prejudice, but should be embraced. Responses to these screenings suggested that viewers were inspired and motivated to learn what other young people are doing in their communities. Ultimately, the project contributed towards enabling healing amongst participants and those who worked closely with them, as well as viewers of these films. ‘Sitting there and watching the stories was really an eye opener, and it just made me realise that identity, we take it so for granted. Like we think that it must be instilled because we are born into a certain culture, religion, tribe [...] and you automatically think your identity should stem from that. But then you realise when you see stories like these, that identity is what you create for yourself. And the interrogation of what your own identity is, was very profound for me. All the stories put together were very intense. It was one of those things where you walk out of the theatre thinking, you feel really selfish. You feel quite ashamed for thinking you have problems in your life, because there are some people

Stanley Kisuh Chia was one of the participants in the African Identities film project from 2009. When he joined the project, he was living in a garage. He became involved in the project because of his interest in the issues of identity, as well as to learn how he could use documentary filmmaking as a platform to voice his opinions. He did not have any experience in filmmaking, but during the training he focused on scriptwriting, acting and directing. Even after the workshops, Stanley enhanced the knowledge that he had gained by spending time at the library, reading about filmmaking. Today, Stanley has written, assistant-directed and acted as a lead in his own feature film, called The Last Bullet. The film is partly about his journey from Cameroon to South Africa, which was also touched on in his previous documentary as part of the project. Stanley’s film features international actors and previewed in Cape Town in 2011. Stanley has also written a number of scripts for films that are currently in production.

who have bigger struggles and bigger journeys that they go through. And to see that they have come through all of that, and they’re still the characters that they are and they still share these stories, is something that I think is quite remarkable, something that we can all learn from.’ Discussions were held in each of the communities after every film screening. These debates proved that young people are keen to engage with issues that affect them, but that appropriate platforms must be created for them to do so. Most identified with the stories shared through the films and spent a significant amount of time discussing the films’ different themes and messages. Clearly, South Africans, particularly those on the margins of society, continue to search for opportunities which best allow them to tell their stories. Feedback from this initiative shows just how important it is for this work to continue. It was apparent that in communities where the documentaries were filmed and screened, there was a clear sense of appreciation for the validation that it offered previously overlooked people. It also emphasised the primacy of identity and the need to cultivate mutual respect for its many manifestations in South Africa. This year has shown that it is equally important that the final products – the documentaries – are given proper exposure across the country in order to facilitate more of these kinds of dialogues. Films offer a uniquely powerful means of sharing knowledge in a manner that resonates with young people, while still appealing to adults – evident from a comment made by Auntie Ana, one of the participants, who commented at a screening in Riemvasmaak:

annual report 2011

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In its work with learners and teachers, as well as other community stakeholders over the past few years, the Institute has accumulated a wealth of knowledge and experience in understanding past narratives of exclusion and opening vistas towards inclusivity.

‘Now that I have seen this film, my history has been documented and my great-grandchildren will be able to learn from this film; I am ready to die now, my work is done.’ Some of the participants of the African Identities Film Project have since been involved in film production with different companies. They have participated in camera work, sound production, directing, producing, scriptwriting and acting. In May, June and September, the Ashley Kriel Youth Project hosted a series of dialogues with young people in the Northern and Western Cape. This provided a platform for discussion about the social ills in their communities and allowed them to think creatively about solutions that could bring about sustainable change. The Riviersonderend dialogues allowed both young and old to speak about different struggles of the past and present. It allowed young people to understand the challenges that their parents’ generation faced, but conversely also provided their parents with insight into the very different, but equally challenging, environment in which young people are growing up. The Ashley Kriel Memorial Youth Lecture, themed ‘The Power of One’, provided another such platform for young people to express their views on present-day struggles and on how these could be overcome. The lecture focused on the resources available and those still needed for young people to be agents of change in their communities.

Mediating reconciliation – community dialogue The Community Healing Project was pioneered in South Africa and has since been employed with good impact elsewhere on the continent. This year saw the prioritisation of post-training support for the South African participants who received training in 2009. It enabled them to identify and pursue specific commitments to engage constructively with the rest of their communities, using Community Healing methodology. In numerous follow-up visits by the project leader during this year, participants shared accounts of how their training had been practically applied in

Comments from a captivated audience at the ‘A Moral Imperative to Speak’ debate, held in August 2011. Image by Sara Gouveia Images below from left: Teachers and policy-makers at an Education for Reconciliation workshop, in Newlands, Cape Town.

their communities. In essence, most participants reported that the course equipped them to open up conversations which had often previously been avoided because of their sensitivity, but which were so badly needed. This project provides evidence that the IJR is producing impactful change through sustainable and long-term partnerships and by means of the ‘train-the-trainer’ principle. Interest groups in various geographic communities have shared perspectives across divides and begun to address social fault-lines that could divide communities. Calitzdorp in the Western Cape, for example, witnessed a unique event that was entirely organised by participants of the 2009 course. Fifty residents in this farming community attended a dialogue, spearheaded by Ronesia Nait-Saidi, a relative newcomer to the community who had been able to start community-healing conversations with a small group of residents. With this social momentum, she had teamed up with a former local government official, Andrew ‘Kallie’ Baartman, and was able to secure a dilapidated community hall in which she opened an after-school learning centre. This hall gave young people a positive sense of purpose outside school hours, while parents and elders were encouraged to engage in conversations about the community’s history from which they could derive a sense of social pride and dignity. On the day of the dialogue, everyone converged on the learning centre, inspired by the social energy that was generated by these conversations. The day’s events helped many of the participants to transcend barriers and deepen the impact of the community-healing agenda. Interest was so widespread that the hall was too small to accommodate all the participants.

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ZIMBABWE Zimbabwe is at a crossroads. The country has been compelled by political leaders to embark on reconciliation and national healing without the implementation of efforts to first seek the truth and then pursue justice. Impunity for past atrocities has persisted in the country which underpins the pressing need for justice and truth-telling. Therefore, healing and reconciliation in its true sense is yet to take root in Zimbabwe. What the country needs is a social, political, economic, environmental, cultural, spiritual and legal accounting of past wrongs, that is, a public acknowledgement of state violence, apologies and a show of remorse, followed by practical actions and interventions to mitigate suffering and a declaration that never again should the state commit violence on its people for political expediency. Alois Chaumba, National Director, Catholic Commission for Justice and Peace, Harare, March 2012

A precipitous decline in democratic governance in Zimbabwe culminated in highly contested elections which led to the signing of the Global Peace Agreement (GPA) in September 2008 by the Zimbabwe African National Union–Patriotic Front (ZANU-PF), headed by President Robert Mugabe and the two Movement for Democratic Change (MDC) formations – the MDC-T and MDC-M – led by Morgan Tsvangirai and Arthur Mutambara, respectively. The GPA enabled the establishment of the transitional National Inclusive Government in February 2009. In the inclusive government, Tsvangirai became Prime Minister and Mutambara became Deputy Prime Minister. While the policies of the government of national unity have brought some economic and political stability to Zimbabwe, a high degree of uncertainty continues to define the situation in the country. Political repression and the arbitrary arrest of parliamentary and civil society representatives have hampered peace-building efforts. In spite of the volatile situation, the IJR continues to identify and maximise the opportunities that exist to contribute to the establishment of the foundation for justice and reconciliation in Zimbabwe. The Institute has maintained its engagement with Zimbabwe since 2004 through partnerships with local civil society organisations (CSOs) and, when possible, with government institutions such as the Organ for National Healing, Reconciliation and Integration (ONHRI). The Institute continues to strategically engage with Zimbabwean partners to work on policy analysis, development and research on issues of human rights, justice, reconciliation and peace-building, and will ensure this knowledge is published and widely disseminated to inform policy-making processes in the country. One pertinent question is what a potential transitional justice programme in Zimbabwe might look like, not only for victims of direct violence, but also for those who have suffered dispossession, forced displacement and trauma. In this regard, the IJR has already begun to undertake a gendered analysis of the needs of women in the country in the aftermath of politically motivated gender-based violence and repression. In addition, the IJR will seek to work with the Zimbabwean Ministry of Education to introduce peace and human rights education into the national curricula. Furthermore, the Institute will engage with issues relating to South Africa, the Southern African Development Community (SADC) and the African Union’s (AU) role in promoting peace and stability in Zimbabwe, and will utilise its close working relations with the South African Department of International Relations and Cooperation (DIRCO) in this regard.

Publications and data influencing change Besides the above-mentioned policy briefs, a further publication titled Zimbabwe in Transition: A View from Within, edited by Dr Tim Murithi and Aquilina Mawadza, provided innovative material for civil society, academia and policy-makers. This publication is the first comprehensive study of the voices of ordinary inhabitants in present-day Zimbabwe, which have been drawn from a broad

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Dr Martin Rupiya (ED APPRI) and Dr Fanie Du Toit (ED IJR) at the Zimbabwe Election Seminar.

Justice and Reconciliation in Africa Programme together with the African Public Policy and Research Institute (APPRI) hosted a Zimbabwean election seminar in Pretoria in July 2011. The roundtable was convened by civil society groups to discuss the many challenges that affect the Zimbabwean electoral system.

spectrum of society, providing a platform for the voices of civil society; faith-based communities; the Diaspora; women; community leaders; the media; youth; as well as an analysis of the voices of regional actors such as the SADC and the AU. This book is the successful outcome of a two-year project with the objective to conduct research and analysis to influence policy and create an understanding of the complexities of Zimbabwe’s attempts to return to a truly democratic dispensation. The analysis in this book presents useful insights into the historical and contemporary dynamics that have shaped political and economic developments in the country. Copies of the book have been provided to the leading universities of the world, key government and civil society stakeholders in Zimbabwe, as well as to major international NGOs working on related issues in the country. The book was launched in Pretoria in October 2011 and participants included government members, representatives from Zimbabwean civil society, as well as officials of the Zimbabwean embassy. A thousand copies of the book have been printed and 200 free copies were distributed to partner organisations, relevant NGOs, as well as libraries in Africa, the USA and Europe, while the remainder have been forwarded to bookstores across South Africa, Zimbabwe, the USA and UK. In addition, it will also be on sale via the internet.

Platforms to engage and debate policy processes Prior to the book launch, the IJR invoked the expertise and insight of five of the book’s contributing authors to convene a policy seminar titled Zimbabwe in Transition: Assessing the Political Future – Prospects for 2012. This was an off-the-record seminar which discussed the challenges facing Zimbabwe in 2012 in light of the impasse between the political formations in the country, the budding indigenisation policy and the death of General Solomon Mujuru. The contestation for resources in many transitional societies is the root cause of slow, stagnating, or derailed political transitions. The use of natural resources to leverage political power in

Zimbabwe is a case in point. The IJR convened a policy seminar in Cape Town to discuss the issue of the Marange diamond deposits, which are located in eastern Zimbabwe and generate significant income for the Zimbabwean government. In recent years the government, in its acquisition of diamonds, has repeatedly employed state resources to commit human rights violations against its citizens. The policy seminar brought together analysts, civil society representatives and academics to discuss how this acquisition of diamonds is impacting upon the country’s current political crisis. In addition, it highlighted how this issue underscores the limitations of the Kimberly Process Certification Scheme for diamonds. The Institute has published a policy brief based on the discussions contained in this meeting, titled The Marange Minefields: The Impact of Diamonds on Transition and PeaceBuilding in Zimbabwe, which is available on the IJR website. Besides the issue of natural resources, the Institute also worked with government and civil society representatives to assess the two years’ worth of the Government of National Unity’s work. The policy seminar, titled Zimbabwe’s Government of National Unity: A Two-Year Appraisal, assessed the progress made in solving the country’s myriad political, economic and social challenges during the last two years of the GPA government, and made practical recommendations on the best way forward. It focused on the key areas of politics, the economy, society and national healing. In attendance was the Minister of Regional Integration and International Cooperation, Priscilla Misihairabwi-Mushonga, the Minister of Economic Planning, Tapiwa Mashakada, the Deputy Minister of Justice, Obert Gutu, and the National Coordinator of the Joint Operations Monitoring and Implementation Committee (JOMIC), Patience Chiradza. In addition, the meeting included a selection of academics, ecumenical groups and civil society representatives. The meeting recommended that Zimbabwe’s political parties and CSOs need to be strategic about the way in which they engage with the GPA and the government, making sure they focus on the concrete issues creating obstacles to peace, stabilisation, progress and

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called for the full implementation of the provisions of the agreement before free and fair elections are held.

development. The meeting also recommended that Zimbabweans and their international partners need to support GPA-established institutions and structures, which have the potential to reform the spheres of political and economic governance, such as the Human Rights Commission, Media Commission, JOMIC and the Zimbabwe Electoral Commission. The government has struggled to revitalise the Zimbabwean economy, largely as a result of the choice of most of its traditional trade partners to withhold investment and focus on humanitarian aid instead. To help the government deliver on its economic and social mandate, Zimbabwe’s development-assistance partners will need to consider whether current punitive policies towards the government are having the desired impact, and investigate which alternative strategies could promote development. The Institute has published a policy brief based on the discussions contained in this meeting, titled Zimbabwe’s Unity Government: A Two-Year Appraisal. At the conclusion of this meeting, the Minister of Regional Integration and International Cooperation, Priscilla MisihairabwiMushonga, commended the organisers and noted that: ‘The IJR provides a forum where one can afford to be factual, and this capacity we have lost in most other civil society organisations.’ As one of the entry points into the discussion, the Institute chose to co-host, together with the African Public Policy and Research Institute (APPRI), a public seminar titled ‘Towards Ensuring Free and Fair Elections: The SADC Zimbabwe Roadmap and the Role of Civil Society’, in Pretoria, in July 2011. Participants were drawn from a cross-section of the public, including government representatives from SADC member states, civil society, academia and ecumenical groups. The objective of this meeting was to assess the role of civil society in ensuring free and fair elections in Zimbabwe, as provided by the GPA of September 2008. The meeting noted that the provisions of the GPA have since been reinforced by several SADC communiqués that have consistently

The meeting succeeded in fostering dialogue and informed analysis towards assessing what parameters have been met by the GPA as it approaches its termination. In addition, the meeting discussed the current challenges confronting the SADC mediation process and the prospects for promoting political consensus among the apparent antagonists in the Government of National Unity in Zimbabwe. Analysing the option of holding a referendum and the possibilities of supervised free and fair elections brought out interesting perspectives. A further point of discussion was the role that Zimbabwean and South African civil society can play in creating an environment conducive for peace, security and free political activity in Zimbabwe, as spelt out by the SADC meetings held in March and June.

Mediating reconciliation: Community dialogue In addition to these national-level interventions, the Institute has also conducted extensive community-based work through the presentation of its Community Healing courses in settlements across Zimbabwe. These highly regarded courses have also been revised by the Community Healing Project and a team of Zimbabweans to address the context-specific nature of the country that would ultimately inform a new version of the Community Healing manual for Zimbabwean peace-building practitioners. This review of the publication will enable a nationwide roll-out of the project through partner organisations and the Organ for National Unity in Zimbabwe. Ongoing tension in Zimbabwe has drawn international attention to mediation processes which work to ensure stability in the region. Given its longstanding relationships and past interventions in Zimbabwe, the Institute was once again called upon to provide assistance in a number of contexts. One of these interventions, titled ‘Conflict Resolution, Healing and Reconciliation: JOMIC and ONHRI’, took place in April. The two-day workshop with the JOMIC, District Liaison Peace Committees discussed the specific details relating to the operational structures, modus operandi and challenges of the JOMIC peace-building initiative that was piloted in Harare and Chitungwiza before it could be replicated in other provinces. The second objective was to train the new members of the District and Ward Peace Liaison Committees in conflict management and dispute-resolution strategies. The role of the ONHRI in peace-building was also addressed during this meeting. Simon Razemba, a principal director of the ONHRI, made a presentation on the role and mandate of the ONHRI in healing and peace-building processes in Zimbabwe. He explained that it is a constitutional organisation that was set up to advise the three GPA Principles on how Zimbabwe can best

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’The IJR provides a forum where one can afford to be factual, and this capacity we have lost in most other civil society organisations.’ – Minister of Regional Integration and International Cooperation, Priscilla Misihairabwi-Mushonga

address the historical issues of violence and conflict. Its mandate is not just to look at the recent violence of the post-2000 or post2008 periods, but also to look at the problem within its historical context, focusing on both the pre- and post-independence periods. There are however different viewpoints regarding the historical periods which the ONHRI should focus on, with some arguing that it should only assess the violence which transpired during the 1970s liberation war, while others want it to go back as far as the beginning of the colonial era in 1890. There is also a further debate as to whether 2000 or even 1980 should be regarded as the point of departure. Another critical issue that was raised relates to people’s expectations about the potential impact of the ONHRI which do not measure up to its actual constitutional mandate. While the expectation is that it will actively deal with or resolve cases of violence and conflict, this body has no such constitutional mandate or power. The ONHRI, in essence, is an advisory body whose main objective is to develop a healing and reconciliation model that can be used by the government. Its main mission is to promote truth-telling, retribution and restorative justice in Zimbabwe. Its guiding principles and the policy framework informing its work are supposed to emanate from the three GPA Principles. Discussions around the upcoming elections featured strongly in this IJR–JOMIC workshop, as most of the past violence occurred during election times. The participants were urged to prepare communities and, in order to do this effectively, the meeting agreed that community peace facilitators would facilitate the formation of peace clubs, approach church home groups and give peace talks to members of those groups, as well as to use neutral commemorations such as the Day of the African Child as forums to talk about peace and national healing. In another intervention, the IJR, in partnership with the Heal Zimbabwe Trust, organised a Community Healing workshop in Harare, in May. The participants were drawn from various provinces of Zimbabwe and included representatives of civic organisations, such as the Heal Zimbabwe Trust, Restoration of Human Rights Zimbabwe, Zimbabwe Lawyers for Human Rights, Zimbabwe Young Women’s Network for Peace-Building, and the Counselling Services Unit. It also incorporated other stakeholders, such as teachers and community leaders with a vested interest in community facilitation for peace and national healing in various parts of the country. The objectives of this combined workshop were to reflect and assess the impact made through the initial training and to develop strategies for the continuation of community healing, reconciliation and trauma-counselling work.

Image far left: IJR in-house learning seminar on diamond mining and its impact on Zimbabwe.

National healing, justice and reconciliation remain sensitive issues in Zimbabwe. It was clear from the workshop that one of the most pragmatic methods of addressing these sensitive issues in the provinces has been through artistic, dramatic, musical and dance performances, as well as through sport. Participants shared their experiences in using the knowledge and skills gained from previous IJR interventions to promote healing and reconciliation in their communities. This Community Healing workshop also enabled the Institute to launch its efforts to develop a Zimbabwean version of the Community Healing manual, which will be published in 2012. Building upon the Institute’s experience and insights – which led to the Institute receiving the UNESCO Award for Peace Education in 2008 – an initiative has been launched to promote peace, justice and reconciliation through education in Zimbabwe. The Institute has initiated discussions with the Zimbabwe government’s Ministry of Education, Sport and Culture, as well as other government institutions, academics and CSOs to assess whether it can support efforts to promote peace education. The IJR has consulted with Mr David Coltart, the Minister of Education, who has taken the lead in the revision of the school curriculum in Zimbabwe to introduce civic education. Following initial contact with the Ministry, the Institute held strategic planning meetings with key players in the education sector in Harare, from 18 to 24 November 2011. The meetings resulted in a two-day policy advisory seminar on peace education, which was held in Harare on 8 and 9 December 2011, on how education and sport can be utilised to promote a culture of peace, tolerance and reconciliation in the country. The Harare seminar brought together 25 key players in the education sector drawn from government, academics and churches, who assessed how the introduction of civic education in Zimbabwe’s school curriculum can accelerate peace processes in the country. Concrete policy recommendations were drawn from the discussions for incorporation in a policy brief for key decision-makers and the Ministry of Education, to enhance effective curriculum review in Zimbabwe.

26 Institute for Justice and Reconciliation

The Greater Horn Region South Sudan Uganda The Comprehensive Peace Agreement (CPA) signed between North and South Sudan in 2005 brought to an end a debilitating 22-year civil war. The CPA provisions addressed border demarcation, power-sharing, wealth-sharing and democratic governance. In April 2010, the first democratic elections were held in South Sudan. In January 2011, the CPA-stipulated referendum paved the way for the independence of South Sudan in July 2011. A number of CPA provisions have not yet been implemented, including resource governance and border demarcation in the Abyei region. This has generated further tension and conflict, which escalated in early 2012 over the contested Heglig oilfield.

SOUTH SUDAN After more than 50 years of conflict between North and South Sudan, South Sudan gained independence on the 9th of July 2011 through a referendum in which the people of South Sudan voted overwhelmingly to separate from Sudan. At the time, it seemed the conflict had finally ended and South Sudanese hoped that they could now begin to leave in peace.However, this hope has turned out to be short-lived as the situation along the borders of the two countries becomes increasingly fragile, with Northern Sudan taking the lead as an aggressor, especially after the closure of the oil pipelines by South Sudan, as well as the debate about border demarcation. In South Sudan itself, there are widespread conflicts among communities, mostly as a result of livestock theft but also due to ethnic revenge killings and internal border contestations. It is now time for the government and other peace actors to focus on reconciling these communities, as well as on continuing negotiations with Sudan on post-conflict issues. Tobias Okori Atari, Director, Peace Building, South Sudan Peace and Reconciliation Commission, Juba, March 2012

The IJR has maintained its partnerships with a number of CSOs in South Sudan and recognises that capacity building is required at the governmental and community levels to ensure consultation, policy analysis and research, as well as dialogue on justice and reconciliation options for the country. Since 2008, the IJR has worked with local partners in Juba, Malakal, Yei and Damazin, and has most recently produced an in-depth study on gender and the role of women in peace-building in South Sudan. Partners have consistently emphasised the importance of IJR interventions in these areas, as well as the potential for further collaboration with the relevant state agencies listed above.

Publications and data influencing change The Institute’s work in South Sudan during 2011 focused on gender-related issues. To contribute to the process of transition and the construction of the youngest country in the world – South Sudan – the IJR, from a gender perspective, compiled and published Hope, Pain & Patience: The Lives of Women in South Sudan, which was edited by Friederike Bubenzer and Orly Stern. This book – which was launched in the new capital, Juba, six weeks after Independence Day – is the successful outcome of a one-year policy-driven research project that raised awareness about the circumstances that have affected women during the prolonged conflict in the region. It is hoped that the publication will help women to assume their rightful place in all spheres of public life in post-conflict South Sudan. The analyses in this book are likely to become an indispensable resource to policy-makers concerned with crafting inclusive and gender-sensitive policies. It provides in-depth assessment and documentation of the lives of diverse women from across South Sudan and acknowledges the extraordinary and very diverse contributions they have made to their country’s path towards peace and development. The IJR’s work in the field of history and documentation has continually underscored the importance of creating inclusive historical narratives in post-conflict contexts, to restore memories and to allow communities to move forward on a shared footing. It is hoped that the book will also stimulate dialogue on gender

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Image far left:

Images below from left:

Poster in Juba announcing the launch of the book ‘Hope, Pain & Patience: The Lives of Women in South Sudan’.

The book ‘Hope, Pain & Patience: The Lives of Women in South Sudan’ is the first of its kind in the world. It was published in 2011 and launched in Juba and Cape Town and received with great interest and appreciation by the audience. Images by Tim McKulka and Jenn Warren

relations in South Sudan and contribute in a meaningful way to the formation of an inclusive, democratic and gender-sensitive policy framework. As one contributor to the book noted: ‘This book is one small step to raising standards of life for the women of southern Sudan. We are helping to make women visible and hopefully other steps will follow. This book has the potential to serve as an excellent resource.’ In the foreword to the book, Prof. Francis M Deng, UN UnderSecretary-General and Special Advisor to the Secretary-General on the Prevention of Genocide, says: ‘This book is a major contribution, and should be viewed as a piece in a puzzle that still needs further documentation towards a comprehensive appreciation of what the people of southern Sudan have gone through, and the challenges facing them in building the future. It should be widely read and reflected upon deeply.’ A thousand copies of the book were printed and the Institute has ensured that it becomes accessible to a wide audience. Three hundred free copies have been distributed to partner organisations and relevant NGOs working in South Sudan and the Greater Horn of Africa region, as well as to libraries of the leading universities in Africa, Europe and the USA. The book is available in bookstores across South Africa and will soon be purchasable in the UK and USA, as well as from the online bookstore, Amazon. com. The Institute also convened two public launches – one in Cape Town and one in Juba – which were attended by approximately 100 people each. Both launches and a number of book reviews in newspapers ensured that the publication also received extensive media coverage.

Hope, Pain & Patience: The Lives of Women in South Sudan documents the many challenges faced by women in this new country. Patriarchy and gender stereotypes are firmly entrenched at all levels of society. As such, women in leadership positions often face negative attitudes, stereotyping and even intimidation. One interviewee featured in a chapter on women in politics and leadership positions, Sarah Nyanath Elijah, explains: ‘Political life is organised for male norms and values, and in many cases even for male lifestyles. In politics, you are looked at as an intruder because they think that politics is not in the space of women, and you feel lonely because of being few in numbers. Women in the parliament for the first time, when trying to make an important point, can be ordered to sit down or to stop talking. Some women find this embarrassing and might not try to talk next time. Women can only overcome this if they have a clear vision and do not care whether they get it right or wrong. Politics is a thankless task and, being a woman, you are expected by the society to achieve a lot compared to the male counterparts. People do not appreciate the little that women in politics are doing. As a result, women need to have a high level of identity in order to perform their work effectively at the parliament.’

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The Greater Horn Region Uganda

A renewed civil society initiative, the National Reconciliation and Transitional Justice Audit, is currently being undertaken by the Refugee Law Project to document and map out the various conflicts that have affected Uganda from independence, and whose legacies remain unaddressed, in order to shape future transitional justice processes and a specific policy, expected by 2014.

UGANDA Uganda’s transitional justice path since the end of the Juba peace talks has been far from predictable. Even though the peace talks were concluded without a final agreement, the government has selectively implemented provisions of the Juba agreements, despite its stated commitment to pursue a robust transitional justice process. Progress has been made through the Justice, Law and Order Sectors’ Transitional Justice Working Group, which makes the Ugandan Transitional Justice process a very a government-led and government-owned initiative. The current context is one that prioritises the prosecution of non-state actors, evident in the trial of former Lord’s Resistance Army (LRA) fighter, Thomas Kwoyelo, and the review of the amnesty which enacted laws to pardon those who renounced rebellions. The amnesty law stands accused of frustrating trials. Other components of justice, such as reparations, truth-seeking, reintegration and guarantees of nonrepetition, have not been fully implemented and yet it is clear to practitioners in this field in Uganda that a comprehensive transitional justice road map for Uganda requires ‘Moving through Individual and Community Repair to Social and National Healing’. A new civil society-led initiative called the National Reconciliation and Transitional Justice Audit which is currently being undertaken by the Refugee Law Project to document and map out the various conflicts and their legacies that have affected Uganda since Independence. Stephen Oola, Acting Head of Research and Advocacy Department, Refugee Law Project, School of Law, Makerere University, March 2012

In 2006, the government of Uganda and the LRA signed the Juba Peace Agreement, ending a destructive 22-year civil war. In response to atrocities committed during the conflict in the region, the International Criminal Court (ICC) issued arrest warrants for five of the LRA’s most senior leaders. The LRA leadership subsequently reneged on signing a final peace agreement with the Ugandan government. In May 2011, Yoweri Museveni (in power since 1986) was once again sworn in as President. In the period following the contested election, opposition leader Kizza Besigye was attacked and arrested over anti-government protests. While the political climate in Uganda remains volatile, a number of civil society-led justice and reconciliation processes are however focusing on issues such as reparations, traditional justice and the progress of the International Crimes Division (ICD). In 2011, LRA commander Thomas Kwoyelo, one of five commanders indicted by the ICC, was tried by the ICD of the High Court. However, Kwoyelo’s defence lawyers protested that Kwoyelo had been denied amnesty under the Amnesty Act and in late September 2011, the Constitutional Court ruled that Kwoyelo should be eligible for amnesty and ordered the ICD to end the case against him. Kwoyelo’s release and the lack of clarity around the Ugandan Amnesty Act, have sparked much debate within civil society about the Act itself, the cost of the trial and the absence of a broader transitional justice process inclusive of truth-telling, reparations, institutional reform, etc. The IJR has maintained a long-standing partnership with a number of dynamic and respected civil society organisations (CSOs) in Uganda, such as the Refugee Law Project in Kampala and the Gulu-based Justice and Reconciliation Project (JRP) working in the field of justice and reconciliation. In addition, the IJR has worked with the Ugandan government’s Justice Law and Order Sector (JLOS) and the War Crimes Division in particular – both of which are located in the Ministry of Justice. The Institute will continue to work together with government to respond to its needs and to bolster local CSOs with the capacity and credibility to add value to the national process. It is important to note, however, that this work is dependent on no further deterioration of the political climate, and could in fact be hindered by the prevailing climate. With the incumbent President’s stated intent to stay in office for this period, it is possible, even likely, that such tensions may escalate further.

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Images:

Victims of conflict and war are often the most vulnerable grouping in transitional societies, yet in the quest for post-conflict justice many peace processes have a disproportionate focus on the fate of the perpetrators at the expense of restitution to the victims.

Platforms to engage and debate policy processes Through its long-standing partnership with the Gulu-based JRP in northern Uganda, the IJR has worked to promote inclusive approaches to achieve longer-term justice for those who have suffered as a result of the protracted conflict. At the same time, it seeks to explore potential models for healing and, ultimately, reconciliation that could accompany this search for victimcentred justice. As such, consultations with the theme ‘Enhancing Grassroots Involvement in Transitional Justice Debates in Northern Uganda’ took place in the Acholi/Lango, Teso and West Nile regions during 2010 and 2011, which were inordinately affected by the conflict. The aim of the consultations was to elicit the specific postconflict needs of victims who bore the brunt of the war between the LRA and the Ugandan People’s Defence Force (UPDF). As an outcome of the consultations, a report highlighting the plight of victims and affected communities as well as a series of four policy briefs articulating their needs have been published. These were specifically aimed at informing the policy-making process initiated by the government of Uganda through the JLOS on transitional justice. The reports and policy briefs have been disseminated to relevant Ugandan and international stakeholders and will be presented to the JLOS in 2012.

Transfer of transitional justice knowledge Victims of conflict and war are often the most vulnerable grouping in transitional societies, yet in the quest for post-conflict justice, many peace processes have a disproportionate focus on the fate of the perpetrators at the expense of restitution to the victims. In the run-up to the February elections in Uganda, the IJR partnered with the JRP in Gulu (run by two alumni of the IJR Fellowship Programme) to organise a series of knowledge- and informationexchange sessions with victims of the northern Ugandan conflict. After more than two decades of conflict, the government, victims and civil society are still grappling with techniques to implement transitional justice mechanisms which can assist the impoverished

Participants of the victim’s consultations in northern Uganda.

Anna-Grace Nasika is a 52-year-old woman living in Amuria in north-east Uganda, but she appears much older than her actual age. It is clear that life has been harsh. As we sit in a room for the interview, I can tell from her demeanour that she was willing to share as much as she can. Nasika is a victim of repeated sexual violence and is attending a victims’ consultation to share her story. Her needs are somewhat simply stated, yet complicated to address. She recounts stories of brutal sexual violence perpetrated against her by rebels and armed soldiers, an experience that has also left her HIV-positive. Anna-Grace sought reparations from the government through the local council in the Teso region, but her efforts have been in vain. She says that the sub-county councillors do not take her plight and those of other genderbased violence victims in the area very seriously. Asked how she thinks her needs can best be addressed, she solemnly replies: ‘A meeting with President Museveni himself.’ She reckons that because she is from the same Baganda tribe as the president, he may empathise with her. She further gives an analogy of a pack of rabid dogs that attack an innocent bystander. There is no use asking the dogs for redress for the harm caused and neither will the dog-handlers sufficiently address the issue. Redress for the harm caused should come from the owner of the dogs. This is why she wants to personally meet President Yoweri Museveni. He was/is in effective control of the UPDF that violated her, instead of protecting her and her family from the LRA attacks. (Interviewed by an IJR staff member)

and traumatised people in the northern part of the country to deal with their losses and take charge of their individual and collective future. The Enhancing Grassroots Involvement in Transitional Justice debates in Northern Uganda consultations were attended by victims, victim support groups and local NGOs working in the realm of transitional justice. Each event consisted of presentations on truth-telling, reparations, traditional justice and gender justice by JRP and IJR staff, and breakaway sessions allowed for participants to exchange conflict-related experiences and the resultant needs. The proceedings were documented in the form of a widely circulated report, as well as a series of policy briefs aimed at government and civil society.

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The Great Lakes Region Burundi The Democratic Republic of Congo Rwanda Justice and reconciliation processes in Africa are largely state-led, and confined within national borders. The Institute’s experiences working in the Great Lakes region have demonstrated the necessity for promoting reconciliation processes across borders. In the Great Lakes in particular, the regionalised conflict and forced migration from Burundi, the Democratic Republic of Congo (DRC) and Rwanda has meant that victims and perpetrators can be divided by geographic borders. Similar circumstances prevail in the Horn of Africa between Uganda, South Sudan and Kenya, as well as in Zimbabwe and South Africa. Over the next five years, the Institute will contribute towards defining how regional reconciliation initiatives can be promoted across borders, starting with the Great Lakes region. The IJR has been working in the Great Lakes region since 2004 and has built up a solid network of like-minded organisations. It is the first time that the IJR is applying the transitional justice work on a regional level, even though it does a lot of cross-border and multi-country work (see pages 32 and 33). The Institute envisages drawing some lessons that may be relevant for other regions on the continent.

Publications and data influencing change The IJR undertook extensive research and analysis of its partner countries in the Great Lakes region – notably Burundi, the DRC and Rwanda – which are all grappling with justice and reconciliation issues. On a more theoretical level, the Institute has devoted significant research towards the exploration of options for regional transitional justice in the Great Lakes. Towards this end, the IJR has commissioned a series of chapters to be compiled into an edited book titled, The Politics of Transitional Justice in the Great Lakes Region. This project seeks to utilise the comprehensive research and analysis undertaken in the region to generate insights for policy-makers and reconciliation practitioners in Burundi, Rwanda and the DRC. The publication, to be published in 2012, will draw on the expertise of authors who are nationals of these countries. It will aim to enhance understanding of the complexities of postconflict stabilisation and reconstruction in a social and political context where most of the underlying causes of conflict are not adequately addressed. It will explore some of the tensions between policy and practice, examine the conflicting visions of different stakeholders and analyse the successes of, and emerging challenges to, the implementation of transitional justice processes in difficult political contexts.

BURUNDI After four decades of recurring violence, Burundians are now building peace. Thus far this has been achieved through power sharing deals and peace talks which culminated in the Arusha Peace and Reconciliation Accords in 2000. This milestone was later followed by a cease-fire and the restructuring of the security and defence forces to include members from the rebel groups as well as the national army. Unfortunately, justice and truth were not given enough attention during this peace process. However, a Truth and Reconciliation Commission is set to be established in the near future. Its members are expected to be distinguished Burundians who are impartial and independent regarding past events, who able to set aside individual interests and lay a foundation for reconciliation and sustainable peace for future generations. Astère Muyango, Program Director, International Bridges to Justice, Burundi, March 2012

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Images from left: In September 2011 the Technical Committee responsible for preparing for the establishment of a TRC in Burundi visited the IJR in September 2011 to learn from South Africa’s experience. A policy brief on the opportunities for a Burundian TRC published in 2011.

Policy Brief Number 3 | December 2011

(Original French title: L’opportunité de la mise en place de la commission vérité et réconciliation au Burundi)

By Astère Muyango | Edited by Jean Pierre Misago | Summary compiled by Margot Champeix

After four decades of ethnic violence and serious violations of human rights, Burundi is now at a suitable stage in its history to begin revisiting its past and constructing the foundation for the building of a new future. Burundian society needs to shed light on past events in order to avoid the reappearance of conflict. The main argument brought forward by the author in this policy brief is that that the current socio-political context is favourable for setting up transitional justice mechanisms and specifically for setting up a Truth and Reconciliation Commission. The article briefly assesses the conflict in Burundi after which it delves into the peace and reconciliation process of the 2000 Arusha Peace and Reconciliation Agreement for Burundi. The agreement stipulated the formation of an International Commission of Inquiry to conduct investigations, an International Criminal Tribunal to prosecute perpetrators of serious crimes and a National Truth and Reconciliation Commission in charge of establishing the truth of Burundi’s longstanding and violent conflict. The author explains that the National Truth and Reconciliation Commission was prevented from being set up as a result of criticism and opposition expressed by some politicians. In 2005, the report of an International Commission of Inquiry recommended the creation of only one commission made up of national and international members instead of the two commissions as suggested by the Arusha Agreement. Meanwhile, a Tripartite Steering Committee (consisting of the Burundian Government, the United Nations and Civil Society) was created in order to conduct national consultations. The objective was to involve Burundian society and to take into consideration its views regarding the implementation of transitional justice mechanisms. With regards to the establishment of the Truth and Reconciliation Commission, Burundians expressed their views in respect of the period of investigations, the composition of the Commission, the mandate and the operating procedures in general.

Platforms to engage and debate policy processes In June, the government of Burundi appointed a Technical Committee, mandated to undertake preparatory work for the establishment of a national Truth and Reconciliation Commission. This follows the completion of national consultations in 2009, which overwhelmingly recommended the creation of a truthtelling mechanism to deal with Burundi’s conflict-ridden past. As the Technical Committee will make recommendations on the establishment of its national TRC, the IJR was invited to travel to Burundi in July to participate in an expert briefing for the Committee. Subsequently, the Technical Committee travelled to Cape Town in September, with the aim of gathering knowledge and insights on South Africa’s TRC process. The Committee was hosted by the South African Department of International Affairs and Cooperation (DIRCO), as well as the Department of Justice and Constitutional Development (DOJ & CD). The two departments requested the IJR to convene a two-day Consultation Programme for the Burundian delegation, and in response the IJR invited former commissioners of the South African TRC, academics and civil society representatives to share their insights. The meetings were hosted at IJR’s offices and facilitated by the IJR staff members, with the commissioners and other experts addressing the most important questions. They also discussed the expected challenges of the drafting process, which gave the Committee a good basis upon which to proceed and produce the final report to the Burundian President, Mr Pierre Nkurunziza. The consultation process proved to be a positive exchange of views for the members of the Burundi Technical Committee. It focused on South Africa’s experience of its TRC and the areas where it may have bearing on the Burundian situation. This was an important initiative that contributed to the framing of the Burundian government’s thinking around the establishment and operationalisation of its own TRC.

Justice and Reconciliation in afRica PRogRamme

Opportunities for setting up a TRC in Burundi

In his closing remarks, the head of the Technical Committee, Ambassador Laurent Kavakure, said: ‘The insights gained from the two days will enable us to provide informed advice to the President on the establishment of the TRC.’ The Ambassador also requested the IJR to ‘continue to follow and support the process of establishing the Burundian TRC’. The Institute furthermore received a written letter of appreciation from the Director-General of DIRCO, in which he said: ‘I would like to thank you for your kind facilitation of, and participation in the arrangements made for the recent visit by the Technical Committee on the establishment of the TRC in Burundi ... the delegation has expressed their heartfelt thanks with regard to the highly informative and helpful workshop. It is our intention and hope to continue the excellent cooperation and rapport between our two organisations in our future endeavours together.’

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The Great Lakes Region The Democratic Republic of Congo

The Institute has been working with local CSOs, such as the Congolese Coalition for Transitional Justice (CCJT), over the last few years to promote national policy exchanges with the government on the establishment of justice and reconciliation mechanisms and is committed to providing continuous support to civil society partners in their endeavours to build peace ‘from the bottom up’.

Platforms to engage and debate policy processes

THE DEMOCRATIC REPUBLIC OF CONGO The situation in the DRC remains fragile following a contested election in 2012 and the everlasting instability in the East. The country has endeavoured to deal with the evils of the past through a series of failed truth and reconciliation initiatives. The establishment of domestic criminal accountability processes failed to expose those who bore most responsibility for the atrocities that have plagued the country. Currently efforts are under way to operationalise special mixed chambers to prosecute those who bore the most responsibility for committing atrocities. However, this process is mired with political challenges and considerations. A long path to institutional reform, especially in the security sector, needs to reach beyond the technical exercise. Above all, the DRC still requires the stability that will guarantee an effective transitional justice and reconciliation process meaningful to victims, civil society and political actors. The challenges for one of Africa’s largest country are immense. The path to a more stable future lies on a road paved with the building blocks of national and local reconciliation. In the end, perhaps efforts should be directed at building repositories of memories so that gross human rights violations are documented and enshrined and so as to discourage them from ever occurring again. Olivier Kambala, Director, Congo Memory and Reconciliation Institute, Kinshasa, April 2012

The IJR’s engagement in the DRC focuses strongly on policylevel cooperation with civil society partners. In January, the Institute, in collaboration with its Congolese partner, the CCJT, hosted a policy seminar in Kinshasa, which focused on national options for transitional justice in the DRC. Congolese political and civil society role-players used this platform to exchange views and develop strategies for the establishment of a domestic legal instrument to prosecute the perpetrators of serious violations of international humanitarian law. The 2010 UN report documenting atrocities committed in the DRC by a range of state and non-state armed groups between 1993 and 2003 formed the basis for some of the discussions. The Congolese government acknowledged the publication of the report which, in line with earlier recommendations by Congolese civil society activists, proposes a hybrid justice model comprising a mixed national and international judicial chamber embedded within the Congolese justice system. This meeting enabled a constructive policy exchange and discussion regarding the mix of transitional justice mechanisms appropriate to the Congolese context. In addition, the meeting charted strategies for making these institutions effective and ensuring the active participation of civil society in engaging these bodies. Participants strategised on how to lobby for the active participation and engagement of government officials in the discussions on transitional justice with civil society. At the close of the meeting participants adopted the Lindonge Declaration, named after the workshop venue. This declaration contains a range of recommendations for the pursuit of transitional justice institutions and includes an emphasis on the need to establish mechanisms for prosecuting international crimes in the DRC as a component of addressing the crimes of the past. Raphael Wakenge, the coordinator of the CCJT said: ‘The meeting was important in charting how transitional justice mechanisms can be a powerful tool in preventing the non-repetition of crimes in future.’ Wakenge also mentioned that he had been invited to Uvira in the South Kivu Province to provide feedback on this policy seminar to law students. This dissemination of analysis to the education sector in the DRC represents an immediate indicator of the broader impact of the IJR’s Kinshasa policy seminar.

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It was fruitful in terms of the exchange of knowledge and experience that could take place among the participants, particularly as it related to the specialised areas of sequencing the administration of punitive/retributive justice on the one hand and restorative justice processes on the other. The meeting also allowed participants to make progress in terms of the inclusive conceptualisation of a post-conflict justice architecture that is nuanced and balanced between the imperatives for punitive/ retributive justice and restorative justice. Key issues for further knowledge exchange emerged, such as the use of conditional amnesty and its context-specific application, as well as the problematic questions of reparations to victims. Feedback after the event elicited responses, including the following:

Transfer of transitional justice knowledge Opinion in the DRC is gradually converging around the need to establish a Special Mixed Court as the most appropriate mechanism to deal with perpetrators of international crimes in the country. This approach removes international crimes from the jurisdiction of the military courts, as is currently the case, and ensures broad compliance with international legal standards. From 12 to 13 April, the IJR and its DRC partner, the CCJT, hosted an Expert Roundtable in Kinshasa with the theme ‘Amnesty, Impunity and Reparations’. Participants engaged in an exchange of knowledge and insights on victims’ rights, the absence of a reparations strategy in the DRC, and the existence of three successive amnesty laws. These laws confer a de facto blanket amnesty for war crimes and crimes against humanity – a situation which is untenable in light of the chronic human suffering that prevails in the country. This meeting was also partly convened to support the CCJT’s efforts to develop advocacy around the review of the DRC’s existing amnesty dispensation in order to combat a culture of effective impunity for gross human rights violations. This Expert Roundtable was attended by the DRC’s Minister of Justice and Human Rights and brought together a selection of experts from South Africa, as well as representatives from the NGO Transitional Justice Coalition, key international agencies including the UN Human Rights Commission, academics, and a delegation from the Ministry of Justice and Human Rights. Prof. Jeremy Sarkin, an affiliate of the University of South Africa and an IJR board member, provided expert input from South Africa, also drawing from his experience as Chairperson-Rapporteur of the UN Working Group on Enforced or Involuntary Disappearances. The Minister’s attendance at this meeting was a significant development stemming from a period of patient lobbying by the CCTJ and IJR to directly engage with the DRC government on issues of justice and reconciliation.

‘This workshop has enabled me to gain a deep understanding of the complexities of individual versus collective reparations.’

34 Institute for Justice and Reconciliation

The Great Lakes Region Rwanda

RWANDA Eighteen years after the Rwandan genocide, levels of mistrust and suspicion between Rwandans on both sides of the ethnic divide continue to decrease while ethnically mixed initiatives in civil society and the private sector are increasing. The majority of Rwandans seem to view their future positively. After a decade in operation, the Gacaca courts are now closing after having handled almost two million cases, including around 275,000 acquittals. The longstanding hesitation of western countries and the International Criminal Tribunal for Rwanda (ICTR) to extradite genocide suspects is changing as, recently, some states have either started prosecuting them or handing them over to Rwandan justice mechanisms. Irenee Bugingo, Institut de Recherche et de Dialogue pour la Pai, Kigali, March 2012

Image above: Fellows from Rwanda and Kenya engaged with IJR’s Patron, Archbishop Emeritus Desmond Tutu.

A major challenge which the Rwandan government continues to face is the achievement of long-term political stability and security. The growing political opposition and calls for democratisation, as well as residual mistrust at all levels of society, create a very fragile social equilibrium. Peaceful coexistence between the two main ethnic groups is indicative of the measures taken by the authorities to contain deep-seated social and political tensions. Whereas government maintains that it is committed to strengthening democratic governance, in particular through a bottomup decentralisation process, the introduction of legislation with broad mandates constraining civil society and freedom of speech, and the harassment and intimidation of the political opposition, the media and civil society does not augur well for democratisation processes. These factors underline the need for continuous support to justice and reconciliation initiatives which not only deal with the consequences of the genocide, but also tackle the deeper causes of conflict in Rwanda. However, in countries in which political freedom is limited, transitional justice interventions risk becoming deeply compromised endeavours. For this reason, the IJR’s activities in Rwanda have been reduced and continue to be critically reconsidered. Long-standing partnerships with a range of CSOs working on justice and reconciliation issues in Rwanda will continue and it is anticipated that interventions will continue in the long run, provided that the political climate allows for it. The Institute has been working in Rwanda since 2004. One of the major projects was the production of a DVD on the Gacaca courts to serve as a tool to educate the broad public on the mechanism of these courts. The production of the DVD in 2008 was followed by extensive work with CSOs to establish a solid ground of working on transitional justice matters. As reported in last year’s annual report, the IJR acted as lead consultants to Rwanda’s National Unity and Reconciliation Commission in a national public opinion survey project based on the South African Reconciliation Barometer. In the year 2011, the Institute had limited interaction in Rwanda due to the fact that the IJR had assisted the National Unity and Reconciliation Commission (NURC) and the Institute of Research and Dialogue (IRDP) to establish and conduct a Rwandan version of the Institute’s Reconciliation Barometer. The report and information was still embargoed and the IJR was cautious to not close down working relationships. Rwanda is however one of the countries that the IJR assesses to have limited political freedom in particular, and transitional justice interventions risk becoming deeply compromised endeavours. For this reason, activities in Rwanda have been critically reconsidered and reduced. However, the analysis of the political space is ongoing and the Institute hopes that it will be able to resume its active involvement in the sphere of transitional justice in Rwanda during the course of 2012.

annual report 2011

Image below: Panel of the second plenary session at the Annual Regional Consultation in Johannesburg.

Impact Beyond Country Programmes

During 2011 the IJR built relationships with partner organisations in Kenya and two Kenyans participated in the Fellows Programme. The Kenya desk was officially launched in 2012.

Kenya A pattern of violence and associated displacement around Kenyan elections and during the allocation of public resources began to form with the attainment of independence and was heightened with the advent of multiparty politics. The widespread violence that followed the post-presidential election result pro-nouncement of 2007 worked as a reality check and pushed Kenya into actively and constructively engaging in a national reconciliation process. At this juncture, an impressive range of baseline data necessary to determine key components relevant to the reconciliation process, has been generated both nationally and on specific regions within the nation. The work towards instituting policies and processes that will kick start (in some instances) and bolster reconciliation projects is ongoing. There is an urgent need for the Kenyan government to develop, implement and communicate on effective systemic solutions to promote reconciliation. This needs to be predicated on well thought out programmes which pursue the promotion of harmonious co-existence between the country’s diverse communities, in the face of increasing ethnic tension and chauvinism. Kenya can no longer afford to ignore or neglect the issue and the confirmed reconciliation processes must be communicated to the people it intends to address to promote buy-in and also to help hold government accountable. Milly Odongo, Commissioner, Kenya National Cohesion and Integration Commission, April 2012

The Institute is increasingly consulted on matters pertaining to transitional and post-conflict African societies, aside from those in which it already has a presence. It is concerned with producing policy briefs and commenting in international media to ensure that Africa’s perspective is represented and heard. Even though Libya – a headline-making country during 2011 – is not one of the IJR’s partner countries, it is part of the African continent, and the Institute therefore provided commentary where and when requested. Radio Netherlands broadcast an interview with Dr Tim Murithi on 19 May on the topic of Libya, the UN and the African Union. Following the death of Muammar Gaddafi, Jan Hofmeyr’s opinion piece ‘Gaddafi’s torture bodes ill for Libyan harmony’ was published in the Business Day newspaper. Providing policy-makers with the IJR’s policy briefs is one way of influencing decision-making. The brief titled, ICC and Communitylevel Reconciliation: In-Country Perspectives, is a result of the discussions during the annual regional consultations and was widely disseminated. The director for East Africa at DIRCO commented as follows: ‘Thank you for sending us a thought-provoking report. I am sending it to our ambassadors in Kenya, Uganda and Burundi and our Chargé d’Affaires in Rwanda for their further use in monitoring developments on the ground in those countries as regards prosecutions for offences, the activities of the ICC, issues such as complementarity and whether the action of prosecuting offenders negatively impacts peace and stability. Also, the list of participants will be useful to them in this regard. Please give my best regards to Dr Fanie du Toit, whom I met at UNESCO in Paris when he accepted the UNESCO Peace Prize on behalf of the IJR for its sterling work in Africa and further afield.’

36 Institute for Justice and Reconciliation

Impact Beyond Country Programmes (continued)

The establishment of the Côte d’Ivoire Commission on Dialogue, Truth and Reconciliation (CDVR) was another important debate this year to which the IJR offered its expertise. In September, the head of the IJR’s Africa Programme, Dr Tim Murithi, participated in a live debate hosted by Chloe Tilley of the BBC’s ‘World Have Your Say’ to discuss the establishment of the CDVR. The discussion was held against the backdrop of President Alassane Ouattara’s promised launch of the commission to help the country heal and overcome violence following last year’s disputed elections, which claimed 3,000 lives and displaced a further 500,000 Ivoirians. The Institute has had discussions with the CDVR chairperson, former Prime Minister Charles Banny, regarding a possibility for the IJR to host the commission in Cape Town in a similar manner to the Burundian delegation in 2011. The IJR also made well-received presentations in 2011 on key African post-conflict challenges to the ministries of foreign affairs of the Netherlands, Sweden, Finland, Norway, Switzerland and Belgium, as well as the European Union, the Geneva Office of the UN High Commissioner for Human Rights and UNESCO.

Southern Africa Development Community (SADC) Until now the SADC has not actively participated or commented on transitional justice matters in Africa. The Institute is in the process of establishing a closer relationship with the relevant stakeholders and departments to ensure that these post-conflict and transitional matters receive due attention at the SADC as well.

also invited, along with a number of organisations, to brief the AU’s departments of Peace and Security, as well as Political Affairs, its Office for Legal Counsel and the Secretariat of the Panel of the Wise. Through these consultations the Institute was able to offer the AU its experience and insights (gained from community experiences across the continent) relating to accountability for past violations. This intervention was in keeping with the Institute’s objective to influence policy on continental issues relating to justice and reconciliation in Africa. The Institute has also received a request from the AU to remain engaged with this policy-making process in the lead-up to the discussion of the framework by member states in 2012 and 2013. On 5 and 6 December 2011, Dr. Tim Murithi participated in a meeting of the African Union Panel of the Wise which was convened in Zanzibar. The meeting assessed the uprisings in North Africa and discussed the issue of how the AU should engage with such societal transformations in the future.

Fellowship Programme The IJR Fellowship Programme invites practitioners and scholars in the field of transitional justice to reflect, exchange, research and write on their experiences related to justice and reconciliation in their respective countries. In May and June, the IJR hosted five professionals from Rwanda, Kenya and Uganda as part of its annual Justice and Reconciliation in Africa Fellows Programme, which has been in existence since 2002 and has been conducted in its current format for the past four years. The participants were hosted at the IJR for a five-week period, during which they conducted transitional justice-related work in their respective countries.

African Union (AU) The AU will become one of the IJR’s key stakeholders in influencing and developing a continental framework for transitional justice. In September, the Institute was invited to provide an expert briefing to a number of departments of the AU on its effort to establish a Transitional Justice Policy Framework. In addition, the IJR also took part in the African Union Expert Meeting, which was convened in Cape Town. The Institute was

During their residency the fellows were given the opportunity to engage with local experts on issues pertaining to justice and reconciliation in South Africa and beyond. These dialogue sessions were also open to IJR staff and other colleagues working in the field, and as a result provided for a robust exchange of views and experiences. In addition to their theoretical engagement with justice and reconciliation within post-conflict states, fellows were

annual report 2011

Images far left:

It was indeed a privilege for me to have been here and interact with the staff of the IJR. I have been enriched by the programme and feel I have a lot more energy to go back home and continue with what I have been doing, with an improved attitude.

Participants at the Annual Regional Consultation. Image below: 2011 fellows meet the Patron of the IJR, Archbishop Emeritus Desmond Tutu.

The theme on peace and justice examined the evident tension between peace initiatives in the DRC, Uganda, Sudan and Kenya and the investigative and prosecutorial interventions of the ICC in these countries.

also taken on field trips to historical sites – such as the District Six Museum and Robben Island – which have particular significance to these processes in South Africa. Fellows also attended a number of public dialogues in and around Cape Town. Contextualising theoretical engagements with visits to sites of significance elicited positive responses from all fellows. Regarding the value of the programme, a 2011 fellow noted that: ‘It was indeed a privilege for me to have been here and interact with the staff of the IJR. I have been enriched by the programme and feel I have a lot more energy to go back home and continue with what I have been doing, with an improved attitude.’ The Institute’s Fellowship Programme has facilitated the development of lasting relationships, the establishment of valuable networks between like-minded individuals and organisations in partner countries and has also contributed to the IJR broadening its network of subject-relevant experts across the continent. As a result, a number of the IJR’s current projects are executed in partnership with former fellows and their organisations.

Regional consultation The IJR convened a regional consultation in Johannesburg, in February, with the theme The International Criminal Court and Community-Level Reconciliation: In-Country Perspectives. Twentythree participants from the IJR’s partner organisations participated from seven African countries, including Burundi, the DRC, Kenya, Rwanda, Sudan, Uganda and Zimbabwe. Other participants included representatives of the International Criminal Court (ICC), governments, international NGOs, CSOs, multilateral agencies and academia. The objective of the consultation was to engage with practitioners in the field of transitional justice to assess how the interventions of the ICC are impacting upon communitylevel reconciliation, in what the Rome Statute refers to as ‘situation countries’. Discussions focused on three themes: peace and justice; cooperation and complementarity; and victims’ rights.

The second theme assessed the issue of cooperation and complementarity. On the issue of cooperation, discussions focused on the need for cooperation among states for the effective functioning of the ICC. In addition, the ICC’s outreach and collaboration with situation countries in Africa was reviewed. The consultation also interrogated the principle of complementarity, which states that national criminal jurisdictions have primacy of jurisdiction for international crimes, unless states are unwilling or unable to investigate and prosecute these crimes. Participants discussed the case study of Kenya as the first example of where the principle of complementarity had truly been tested. The third theme explored the rights of victims. Discussions in particular questioned why the system seems to be failing the very victims it is meant to protect, despite international criminal jurisprudence to address the rights of victims to reparations and their participation in legal proceedings. One participant noted that: ‘There is a perception that the ICC is insensitive to the needs of the victims.’ The ICC is likely to remain implicated in international justice processes on the African continent. The key outcome of this timely regional consultation was that it provided a platform for voices from the African continent to highlight concerns and discuss issues that have been precipitated by the ICC’s intervention. This consultation was also innovative in that it focused on the impact of the ICC on community-level reconciliation, which is an issue that has been overlooked in the analysis and research of the court’s impact on the African continent. One of the key recommendations emerging from the consultation stipulated that even though the ICC does not have the mandate to pursue peace and reconciliation, the court should consider these initiatives as it engages in countries affected by armed conflict, and take into account the concerns of victims. In this regard, it has been advised that the Office of the ICC Prosecutor should issue a policy paper on its strategy to address the tensions between the administration of prosecutorial justice and the pursuit of peace and reconciliation. The IJR’s regional consultation report, The ICC and CommunityLevel Reconciliation: In-Country Perspectives, is available on the Institute’s website.

38 Institute for Justice and Reconciliation

2011 Key Events and Outputs

January

February

March

April

May

June

Policy seminar: Options for Transitional Justice for the DRC

Cape Town (South Africa)

Presentation of SARB Survey to political studies students at UWC – Kate Lefko-Everett

Cape Town (South Africa)

Transformation Audit 2010: Vision and Vacuum

Cape Town (South Africa)

Policy seminar: The Marange Minefields: The Impact of Diamonds on Transition and Peace-Building in Zimbabwe

Cape Town (South Africa)

Victims Consultation in Northern Uganda

Northern Uganda

Regional Consultation: The ICC and Community-level Reconciliation in Africa: In-Country Perspectives

Johannesburg (South Africa)

Policy seminar: Zimbabwe’s Government of National Unity: A Two Year Appraisal

Cape Town (South Africa)

Paper presentation at SAIIA: The Birth of a Nation: An Independent South Sudan and the Prospects for Peace-Building and Development – Tim Murithi

Cape Town (South Africa)

Oral history training of educators

Potchefstroom (South Africa)

Workshop: Zimbabwe Joint Monitoring and Implementation Committee’s (JOMIC) District Liaison Peace Committees

Harare (Zimbabwe)

Expert Roundtable: Amnesty, Impunity and Reparations in the DRC

Kinshasa (DRC)

Film screenings and dialogues: African Identities series

Cape Town and Kokstad (South Africa)

Workshop on capacity-building: Zimbabwe Community Healing and Civil Society

Harare (Zimbabwe)

Employment equity debate

Cape Town (South Africa)

Policy briefing: South Sudanese Members of the Legislative Assembly – Friederike Bubenzer and Tim Murithi

Cape Town (South Africa)

Conference: Post-conflict Justice and ‘Local Ownership’: Assessing the Impact of the International Criminal Court

The Hague (The Netherlands)

IJR Annual Fellows Programme (until 12 June)

Cape Town (South Africa)

Film screenings and dialogues: African Identities series

Platfontein, Luztburg, Riemvasmaak and Andriesville (South Africa)

Encounters South African International Documentary Film Festival

Johannesburg and Cape Town (South Africa)

Paper presentation: IJR Seminar on Justice and Reconciliation in Sudan – Tim Murithi

Pretoria (South Africa)

annual report 2011

A list of opinion pieces, publications and media citations are available on request.

July

August

September

October

November

December

Public seminar: Towards Ensuring Free and Fair Elections: The SADC Zimbabwe Roadmap and the Role of Civil Society

Pretoria (South Africa)

Expert briefing: Burundi Technical Committee on the TRC

Bjumbura (Burundi)

Durban International Film Festival and community screenings

Durban (South Africa)

Visual literacy training for educators and students

Potchefstroom (South Africa)

Langa Community Healing dialogue

Langa and Cape Town (South Africa)

Presentation on Gender and Reconciliation at a National Women’s Day event

Cape Town (South Africa)

Book launch: Hope, Pain & Patience

Cape Town (South Africa)

Consultation Programme Burundi Technical Committee on TRC

Cape Town (South Africa)

Community Healing dialogues

Cape Town, Zwelethemba, Witsand, Delft and Riviersonderend (Western Cape, South Africa)

African Union Expert Consultation on Transitional Justice Policy Framework

Cape Town (South Africa)

South Sudan book launch: Hope, Pain & Patience

Juba (South Sudan)

Launch of Welkom resource guide

Welkom (South Africa)

Community Healing dialogues

Lambertsbaai, Woodstock, Cape Town, Op Die Berg, Gamka-Oos and Saron (South Africa)

Walking Together: Scoping consultation

Cape Town (South Africa)

IJR book launch: Zimbabwe in Transition: A View from Within, edited by Tim Murithi and Aquilina Mawadza

Pretoria (South Africa)

Policy seminar: Off-the-Record: Zimbabwe in Transition: Assessing the Political Future – Prospects 2012

Pretoria (South Africa)

Consultative visit to Dagbon Kingdom, Ghana

Dagbon (Ghana)

Roundtable discussion: Gender and Transition in South Africa – Kate Lefko-Everett

Berlin (Germany)

Paper presentation at Finland’s Ministry of Foreign Affairs Seminar: AU and UN: Peace and Security – Tim Murithi

Helsinki (Finland)

SARB Survey Report launch

Cape Town (South Africa)

Education for Reconciliation Zimbabwe Seminar

Harare (Zimbabwe)

40 Institute for Justice and Reconciliation

Human Resource Management, Institute Staff and Board, 2011

Executive Management

Communication and Strategy

Fanie du Toit

Carolin Gomulia

Core Programme

Finance

Felicia Thomas

Portia Kasungu

Renee Choto

Juzaida Swain

Lameez Klein

Simone Brandi

Building an Inclusive Society Programme

Interns Ade Camngca Communication and Strategy

Eleanor Swartz Community Healing

Robin Way Policy and Analysis Programme Lucretia Arendse

Cecyl Esau

Kenneth Lukuko

Lucia Tiscornia Policy and Analysis Programme

Caroline Ruetsch

Policy and Analysis Programme

Paulos Eshetu Justice and Reconciliation in Africa Programme

Margot Champeix

Justice and Reconciliation in Africa Programme

Sharon February

Nosindiso Mtimkulu

Stanley Henkeman

annual report 2011

Since the IJR’s formation in 2000, the Institute has grown from being a small NGO with only a handful of staff to a medium-sized organisation, with a staff complement of 23. The Institute employs a skilled team of professionals and operates with a flat structure with a small leadership team, headed by the executive director. In January 2011 a human resource consultant was appointed on a part-time basis to provide a dedicated people-management service to the organisation and to oversee all aspects related to planning, acquisition, development and retention of staff. This appointment has benefited the organisation considerably by

ensuring that important elements of staff satisfaction, work-life balance and compliance with labour laws are in place, and therefore the Institute will continue this relationship. Furthermore, a comprehensive review formed the basis of a range of ongoing activities throughout the year. All staff members have fixed-term contracts of employment, conditional on funding. Contracts of employment vary between two and four years, dependent on seniority and importance to the organisation

Board of Directors

Executive Committee

Prof. Brian O´Connell (chairperson) Prof. Don Foster (deputy chairperson) Dr Fanie du Toit (executive director) Ms Louise Asmal Ms Nasima Badsha Dr Jaco Barnard-Naudé Prof. Hugh Corder Prof. Lourens du Plessis Prof. Charlyn Dyers

Prof. Lovell Fernandez Dr Pumla Gobodo-Madikizela Justice Richard Goldstone Adv. Dumisa Ntsebeza Prof. Jeremy Sarkin Ms Glenda Wildschut Rev. Dr Spiwo Xapile Ms Makano Morojele Prof. Gerhard Kemp

Prof. Brian O´Connell (chairperson) Prof. Don Foster (deputy chairperson) Dr Fanie du Toit (executive director) Mrs Louise Asmal Dr Jaco Barnard-Naudé Prof. Lovell Fernandez Dr Pumla Gobodo-Madikizela Rev. Dr Spiwo Xapile

Policy and Analysis Programme

Jan Hofmeyr

Kate Lefko-Everett

Margo Newman

Ayanda Nyoka

Allan Ngari

Justice and Reconciliation in Africa Programme

Dr Tim Murithi

Friederike Bubenzer

Anthea Flink

Marian Matshikiza

Aquilina Mawadza

Webster Zambara

42 Institute for Justice and Reconciliation

2011 Publications and Resources

Transformation Audit · 2011

2011 Transformation Audit: From Inequality to Inclusive Growth were the Department of Economic Development’s New Growth Path, and the National Planning Commission’s Draft National Development Plan. We know now what the problems are and, by and large, what needs to change to address them. Courage is required now to forge consensus, to take decisions on strategies, and to start implementing them. As in previous years, this publication, with its slightly different format and appearance, seeks to provide analysis and provoke debate on how this might be achieved.

2011 Transformation Audit: From Inequality to Inclusive Growth

The 2011 Transformation Audit presents a collection of articles by South African thought leaders, which asks how the country can set goals and achieve them in a hostile global climate that threatens developmental gains that have been painstakingly achieved. For nearly two decades, South Africans have conducted exhaustive analyses of the country’s challenges, embarked on bold scenario exercises and, more recently, produced forward-looking strategies aimed at addressing these challenges. The most eminent of these in recent years

2011 SA ReconciliAtion BARometeR SuRvey: 2011 RepoRt

he Institute for Justice and Reconciliation (IJR) is an independent, non-governmental organisation established in 2000 in the wake of the Truth and Reconciliation Commission (TRC), with the aims of ensuring that the lessons of South Africa’s successful transition to democracy remain fundamental principles central to government and society as the country moves forward. Today, the IJR works to build fair, democratic and inclusive societies across Africa after conflict.

Since 2003, the IJR’s Political Analysis programme has conducted the South African Reconciliation Barometer survey: an annual national public opinion poll that measures citizen attitudes towards reconciliation, transformation and national unity in post-apartheid South Africa. Change in these complex social trends is measured through six key indicators: human security, political culture, cross-cutting political relations, race relations, historical confrontation and dialogue. As one of the few dedicated social surveys on reconciliation in Africa and worldwide, the Barometer has become an important resource for encouraging national debate, informing decision-makers, developing policy and provoking new analysis and theory on reconciliation in post-conflict societies. The SA Reconciliation Barometer has been extremely successful in terms of its objectives and indicators. As yet, no other institution in South Africa has embarked on a similar project. To ensure its ongoing relevance, it will be important to listen to the views of people around the country, and hear their thoughts about national reconciliation. The research instrument is of great value, not only to the Institute, but the country as a whole. Jan Hofmeyr, manager of the IJR Political Analysis Programme The SARB is an amazing project ... It is an extremely important kind of research and I think that its scope should be broadened (include more respondents and ask more questions). It should be the starting point for policy-makers to design reconciliation-oriented policies (on a national and grass-roots level). Dr Annelie Verdoolaege, Ghent University

From inequality to inclusive growth

The IJR and the Reconciliation Barometer project are generously supported by the Swedish International Development Cooperation Agency (Sida), the Royal Netherlands Embassy and the Open Society

South Africa's pursuit of sharedFoundation-South prosperity in extraordinary Africa (OSF-SA).times For more information, visit the IJR website at www.ijr.org.za or the SA Reconciliation Barometer Blog at www.reconciliationbarometer.org.

Economic Governance: Policy stability amidst global volatility

Employment: Is the labour movement still representing the working class?

Education: School ratings that miss the mark?

Poverty and Inequality: Unsustainable development?

Public Opinion: Economic insecurity in a time of uncertainty

an annual publication of the institute for justice and reconciliation

Hope, Pain & Patience: The Lives of Women in South Sudan Edited by Friederike Bubenzer and Orly Stern The publication offers an engaging account of the historic experiences, social, political, economic and cultural contributions of women in South Sudan. It contains individual topic categories which include the involvement of women in the war, forced marriage, motherhood, contestations and challenges to women’s leadership and political participation, HIV and Aids to mention but a few. Towards Ensuring Free and Fair Elections – SADC/Zimbabwe Road Map: Civil Society Role and Challenges The African Public Policy and Research Institute (APPRI) in collaboration with the Institute for Justice and Reconciliation (IJR) Zimbabwe in Transition: A View From Within Edited by Tim Murithi and Aquilina Mawadza Zimbabwe’s transition to democracy in the post-independence era has been a very difficult one, defined by complex political and economic challenges. To understand the complexities of these efforts this new publication critically examines both the historical and contemporary dynamics shaping political and economic developments in the country. Building Blocks for Democracy – Welkom Oral History Resource Guide: Exploring Non-Racialism in Welkom’s Schools This second resource guide in our Building Blocks series is based on workshops activities conducted during 2010 with Grade 10 learners and teachers at schools in Welkom, Free State, exploring the theme of ‘Building nonracialism in the education sector in Welkom’. African Identities: Shades of Belonging This 6-DVD pack and booklet features 17 remarkable self-made short documentaries resulting from the African Identities project, which brought together youth from different African nations to explore issues of identity through filmmaking.

Memory, Arts and Culture as a tool for reconciliation with instructional DVD – Memory: Shades of Belonging Since 2006 the Institute has developed a method to involve and encourage the youth to use arts in their communities as a platform to share narratives and learn from each other. An instructional DVD, based on footage taken from the course, which provides further guidance on how to make and play indigenous musical instruments. The DVD is accompanied by a resource guide. 2011 SA Reconciliation Barometer Survey Report The South African Reconciliation Barometer is an annual public opinion survey. Since its launch in 2003, the Barometer has provided a nationally representative measure of citizen attitudes towards national reconciliation, social cohesion, transformation and democratic governance. SA Reconciliation Barometer Quarterly Newsletter Volume 9, Issue 1–4 Transformation Audit 2011: From inequality to inclusive growth The Transformation Audit provides an annual review of progress in attaining socio-economic justice in South Africa by means of a unique scorecard methodology, developed specifically by a team of leading South African economists. The Transformation Audit scorecards are supplemented by commissioned groundbreaking analysis by some of the country’s top economists and political analysts. Available on transformationaudit.org IJR Occasional Papers 2011: Reconciliation and Transitional Justice: The Case of Rwanda’s Gacaca Courts

The IJR regularly publishes Policy Briefs on various relevant topics, which are distributed to policy-makers and other relevant stakeholders. The following were published in 2011: IJR Policy Brief No 2: On corruption in South Africa: An alternative interpretation for the case of the Police Service By Lucia Tiscornia Policy Brief No 3: L’opportunité de la mise en place de la commission vérité et réconciliation au Burundi By Astere Muyango IJR Policy Brief No 4: Taming the demon of Kenya’s election Violence: A strategy for the National Cohesion and Integration Commission (NCIC) By Alice Nderitu IJR Policy Brief No 5: Planning for the future: Considerations relating to the mandate and bureaucratic context of the National Planning Commission’s National Development Plan By Ralph Mathekga JRP-IJR 2011 Uganda Consultation Report: Enhancing Grassroots Involvement in Transitional Justice Debates By the JRP in collaboration with the IJR RP-IJR 2011 Uganda Policy Brief – Traditional Justice: Policy Brief No 1 By Lino Owor Ogora and Tim Murithi JRP-IJR 2011 Uganda Policy Brief – Reparations: Policy Brief No 2 By Lindsay McClain and Allan Ngari JRP-IJR 2011 Uganda Policy Brief – Truthseeking: Policy Brief No 3

By Fanie du Toit

By Roza Freriks and Lino Owor Ogora

IJR Occasional Papers 2011 – The ICC and Community-Level Reconciliation in Africa: In-Country Perspectives

JRP-IJR 2011 Uganda Policy Brief – Gender: Policy Brief No 4

Edited by Tim Murithi and Allan Ngari

By Sylvia Opinia and Friederike Bubenzer

annual report 2011

Further IJR Publications

In fulfilling its mandate to promote reconciliation, transitional justice and democratic nation-building, the Institute is committed to sharing the learnings derived from research, analysis and selective interventions through the publication of books and other multimedia outputs. The IJR’s publications are aimed at an audience ranging from government officials, politicians, community leaders to educators and learners in both formal and informal settings. How to order

Publications can be bought either directly from the Institute, Clarke’s Bookshop (located in Long Street, Cape Town), or online from Kalahari.net. A number of publications can also be downloaded from www.ijr.org.za/resources. The Institute retains the right to consider requests for providing resources at reduced prices where necessary. Email info@ijr.org.za for more information.

Truth Justice Memory (DVD and teacher’s guide) (2008) Price: R250 Truth and Reconciliation in South Africa: The Fundamental Documents (2007) Price: R260

Turning Points in Human Rights Five volumes covering turning points in South Africa’s struggle for human rights, accompanied by a teacher’s guide. (2008) Price: R450 (Teacher Guide: R145)

Peace in the Balance: The Crisis in Sudan (2005) Price: R120

Turning Points in History/Keerpunte in die Geskiedenis This series of six books and a teacher’s guide is aimed at Grade 10 to 12 learners, and covers important turning points across the entire scope of Southern African history. Only the Afrikaans version is currently available. Price: R200

Building Nations: Transitional Justice in the African Great Lakes Region (2005) Price: R120

Making Apartheid History: My Contribution (2009) Price: R200

Becoming Zimbabwe: A history from the pre-colonial period to 2008 (2009) Price: 120.00 Only available at bookstores

Community Healing: A Guide for Facilitators (Participant’s Training Manual) Price: R80

Truth and Reconciliation in South Africa: 10 Years On (2006) Price: R165

Zimbabwe: Injustice and Political Reconciliation (2005) Price: R198 Peace beyond Justice: The Gacaca Courts of Rwanda (DVD) (2008) Price: R120 Pieces of the Puzzle: Keywords on Reconciliation and Transitional Justice (2007) Price: R120 In the Balance: South Africans Debate Reconciliation, 2010 Edited by Fanie du Toit and Erik Doxtader Price: R180 Sequencing the Administration of Justice to Enable the Pursuit of Peace Price: Complimentary Building Blocks to Democracy: Democratic participation in Cradock (2010) Price: Available on request

Aunty Ivy’s son, Ashley (CD) Price: R50 Hamba Kahle Gabane Ashley Kriel (Commemorative booklet) (2007) Price: Complimentary Stories op die wind: ’n Veeltalige bloemlesing van Noord-Kaapse volksverhale (2008) (DVD, book and teacher’s guide) Price: Complimentary Songs Worth Singing, Words Worth Saying (2007) (DVD, CD and e-Songbook collection) Price: Complimentary AKA: Ashley Kriel Youth Development Programme Newsletter 2010 Price: Complimentary 2010 Transformation Audit: Vision or Vacuum? Edited by Jan Hofmeyr Price: R170

2009 Transformation Audit: Recession and Recovery Edited by Jan Hofmeyr Price: R150 2008 Transformation Audit: Risk and Opportunity Edited by Jan Hofmeyr Price: R120.00 2007 Transformation Audit Leadership and Legitimacy Edited by Sue Brown Price: R110 Critical Lessons in Post-Conflict Security in Africa: The case of Liberia’s Truth and Reconciliation Commission – Ozonnia Ojielo Price: Complimentary IJR Policy Brief No 1: Sequencing the administration of justice to enable the pursuit of peace Can the ICC play a role in complementing restorative justice? – Dr Tim Murithi (2010) Price: Complimentary Only available electronically National Healing and Reconciliation in Zimbabwe: Challenges and Opportunities – Pamela Machakanja (2010) Price: Complimentary Sudan’s Comprehensive Peace Agreement viewed through the eyes of the Women of South Sudan – Amel Aldehaib (2010) Edited by Orly Stern Price: Complimentary The Role of Civil Society in Advocating for Transitional Justice in Uganda – Jackee Budesta Batanda (2009) Edited by Prof. Andre du Toit Price: Complimentary

44 Institute for Justice and Reconciliation

Financial Statements

Statement of Financial Position as at 31 December 2011

Assets Non Current Assets Property, plant and equipment Investments

2011 2010 R R

7,531,124 8,704,083 247,409 218,980 7,283,715 8,485,103

Current Assets Cash and cash equivalents Accounts receivable Total assets

4,900,310 4,641,060 259,250 12,431,434

6,070,517 5,490,281 580,236 14,774,600

Funds and liabilities Funds Current liabilities Accounts payable Grants received in advance Total funds and liabilities

11,239,178 1,192,256 354,048 838,208 12,431,434

10,582,230 4,192,370 678,492 3,513,878 14,774,600

The full audited annual financial statements are available on request.

annual report 2011

Statement of changes in funds for the year ended 31 December 2011

Total Funds General Funds Capital Fund Project Funds Sustainability Funds R R R R R

Balance at 1 January 2010 Net surplus for the year Transfer to project funds Additions to non current assets Depreciation for the year Transfer from/(to) sustainability funds Balance 31 December 2010

10,158,605 423,625 – – – – 10,582,230

1,909,786 7,467,235 (7,997,891) (112,724) 46,539 7,804 1,320,749

152,795 – – 112,724 (46,539) – 218,980

(233,529) (8,484,070) 7,997,891 – – – (719,708)

8,329,553 1,440,460 – – – (7,804) 9,762,209

Balance at 1 January 2011 Net surplus/(deficit) for the year Transfer to (from) project funds Additions to non current assets Disposals of non current assets Depreciation for the year Transfer from/(to) sustainability funds Balance 31 December 2011

10,582,230 656,948 – – – – – 11,239,178

1,320,749 7,015,827 (8,861,188) (84,280) – 55,851 – -553,041

218,980 – – 84,280 – (55,851) – 247,409

(719,708) (7,583,320) 8,861,18 – – – – 558,160

9,762,209 1,225,173 – – – – – 10,987,382

The accumulated deficit of general funds is covered by balance of the income due in terms of a funding contract. Project funds represent funds earmarked for specific ongoing contracts from 2011. Sustainability funds are invested to generate income which in future can be utilised to fund project shortfalls and future core costs as required. Net investment income, income from fees, sales of resources, and other income is set aside to build the sustainability funds for the future.

46 Institute for Justice and Reconciliation

Financial Statements

Detailed statement of comprehensive income for the year ended 31 December 2011 2011 2010 R R

Donations and grants British High Commissioner CS Mott Foundation Department of Arts and Culture EED Investec Open Society Foundation Private Funder – Netherlands Royal Norwegian Embassy Royal Danish Embassy Royal Netherlands Embassy Swedish International Development Agency Trust Africa General donations

14,534,764 15,306,980 – 233,747 407,288 440,000 812,650 1,459,685 842,525 1,333,868 800,000 200,000 250,000 – 611,163 – 1,963,878 907,560 1,986,370 1,855,000 3,674,390 4,500,000 3,116,390 3,817,040 69,595 550,030 515 10,050

Earned income Sales of resources Fees received Sundry income Net investment income Net interest earned on earmarked funds Gain on investments Dividend income Interest earned Total income

Project costs Management & administrative costs Programme costs

• 77% • 18% • 5%

285,865 12,659 269,504 3,702

343,944 11,829 326,899 5,216

987,027 47,719 520,305 111,059 307,944 15,807,656

1,161,542 65,027 693,276 103,828 299,411 16,812,466

annual report 2011

Detailed statement of comprehensive expenditure for the year ended 31 December 2011

Management and administration costs Staff costs Office and operating costs Bad debts Board & AGM Audit fees

2011 2010 R R

2,691,528 1,197,184 1,392,479 10,514 64,678 26,673

2,387,531 1,015,439 1,278,458 – 68,886 24,748

12,458,448

14,001,311

795,295

814,905

4,962,432 (4,625,436) 5,245 137,741 64,285 220,488 20,873 – 9,667

4,613,205 (4,282,368) 1,800 97,124 262,783 34,676 28,816 51,065 7,804

11,663,153

13,186,407

758,772

–

310,298 598,118 722,983 577,651 555,316

1,452,742 1,677,442 874,127 660,306 990,891

Africa Transitional Justice Fellowships African Dialogues and Interventions

– 6,673,591

262,348 6,207,905

Analysis and communication SA Reconciliation Barometer Transformation Audit Fees for management and administration

1,697,466 1,062,653 (1,293,697)

1,323,298 1,080,457 (1,343,109)

Total expenditure

15,149,976

16,388,842

Programme and project costs Core programme costs Staff costs Less: staff costs relating to projects Discretionary support Staff training and strategic planning Monitoring & evaluation systems Travel Research and resources Workshops, seminars and media Other costs Specific projects Communications & Strategy Reconciliation and social reconstruction Building Inclusive Society – conferences & events Memory, Arts and Culture Schools Oral History Community Healing Educating for Reconciliation

48 Institute for Justice and Reconciliation

Abbreviations

ACCORD

African Centre for the Constructive Resolution of Disputes

African Union

BIS

Building an Inclusive Society Programme

CCTJ

Congolese Coalition for Transitional Justice

CDVR

Commission on Dialogue, Truth and Reconciliation (Côte d’Ivoire)

CSO

civil society organisation

CSVR Centre for the Study of Violence and Reconciliation

MAC

Memory, Arts and Culture

M&E

Monitoring and Evaluation

MOA

Memorandum of Agreement

MTO

medium-term objective

NGO

non-governmental organisation

NURC

National Unity and Reconciliation Commission

ONHRI

Organ for National Healing, Reconciliation and Integration (Zimbabwe)

Policy and Analysis Programme

DAC

Department of Arts and Culture

PCAS

Presidency’s Policy Coordination and Advisory Service

DIRCO

Department of International Relations and Cooperation

RRP

Reconciliation and Reconstruction Programme

SAAPS

South African Association of Political Studies

SADC

Southern African Development Community

DOJ & CD Department of Justice and Constitutional Development DRC

Democratic Republic of Congo

SAIIA

South African Institute of International Affairs

Excom

Executive Committee

SARB

South African Reconciliation Barometer

Euroclio

European Association of History Educators

FORSC

Civil Society Strengthening Forum (Burundi)

SIDA

Swedish International Development Cooperation Agency

FTB

Follow the Beat

SSPC

South Sudan Peace Commission

GIBS

Gordon Institute of Business Science

STO

short-term objective

GPA

Global Political Agreement (Zimbabwe)

Transformation Audit

HSRC

Human Sciences Research Council

transitional justice

ICC

International Criminal Court

TJIAP

Transitional Justice in Africa Programme

ICTJ

International Centre for Transitional Justice

TRC

Truth and Reconciliation Commission

IDASA

Institute for Democracy in South Africa

UCT

University of Cape Town

IJR

Institute for Justice and Reconciliation

UKZN

University of KwaZulu-Natal

University of Johannesburg

UNESCO

United Nations Educational, Scientific and Cultural Organisation

UPDF

Ugandan Peoples Defence Force

UWC

University of the Western Cape

IRDP

Institute of Research and Dialogue for Peace (Rwanda)

JLOS

Justice Law and Order Sector (Uganda)

JOMIC

Joint Operations, Monitoring and Implementation Committee (Zimbabwe)

JRA

Justice and Reconciliation in Africa Programme

Contact Details

The Institute for Justice and Reconciliation Physical Address Wynberg Mews Ground Floor, House Vincent Corner Brodie and Ebenezer Roads Wynberg 7800 Cape Town

Postal Address PO Box 18094 Wynberg 7824 South Africa Tel: + 27 21 763 7128 Fax: + 27 21 763 7138 Email: info@ ijr.org.za www.ijr.org.za Online ordering: www.ijr.org.za/publications/ Transformation Audit: www.transformationaudit.org.za

IJR would like to thank their donors for their loyal support

ROYAL DANISH EMBASSY

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