Press Releases:

September 3, 2009

South Africa: Opportunity for Meaningful Reparations Measures

CAPE TOWN/NEW YORK, September 3, 2009 -- The decision by the South African government to drop its opposition to a class-action lawsuit by victims belonging to the Khulumani Support Group is a significant step toward meaningful reparations and accountability, said the International Center for Transitional Justice. The Khulumani Support Group is pursuing justice against corporations alleged to have been complicit in apartheid-era human rights violations.

"The government's decision vindicates the victims' initiative to pursue justice and hold accountable those who may have been complicit in gross human rights violations," said Comfort Ero, director of ICTJ's South Africa office.

In changing its 2003 position opposing the lawsuit, Minister of Justice and Constitutional Development Jeff Radebe informed U.S District Court Judge Shira Scheindlin in New York that South Africa now considers the U.S. court "an appropriate forum" to hear the victims' claims that the defendant corporations aided and abetted "very serious crimes ... committed in violation of international law by the apartheid regime."

The government's decision highlights the importance of victim-led transitional justice advocacy. "We have always emphasized that reparations for victims is an indispensable part of an integrated approach to transitional justice," said Ruben Carranza, acting director of ICTJ's Reparations Program. "Reparations should accompany truth-seeking and other accountability measures."

ICTJ has asked the South African government to follow-up this positive step by working with victims to carry out other reparations recommendations made by the South Africa Truth and Reconciliation Commission. ICTJ commends Khulumani's approach toward resolving apartheid-era legacies of corporate complicity in human rights violations through negotiation and dialogue. These developments also highlight the importance of providing assistance to victims in designing feasible and meaningful combinations of material and symbolic reparations measures in the context of continuing need.

About ICTJ

The International Center for Transitional Justice assists countries pursuing accountability for past mass atrocity or human rights abuse. The Center works in societies emerging from repressive rule or armed conflict, as well as in established democracies where historical injustices or systemic abuse remain unresolved. For more information, visit www.ictj.org.

Contacts

Comfort Ero

Director, ICTJ South Africa Office

Tel: +27 (0) 21 674 0448

comfortero@ictj.org.za

Robert Ruby

Communications Director

Office + 1 917 637 3800

Mobile +1 646 919 6599

rruby@ictj.org