Why Juba does not understand the meaning of Reparation?
By Ter Manyang Gatwech, Kampala-Uganda
“It is a principle of international law that the breach of an engagement involves an obligation to make reparation in an adequate form.”
June 26, 2015 (SSB) — Reparation is a principle of law that has existed for centuries, referring to the obligation of a wrongdoing party to redress the damage caused to the injured party. Under international law, “reparation must, as far as possible, wipe out all the consequences of the illegal act and re-establish the situation which would, in all probability, have existed if that act had not been committed.”
According to Cde Puot Kang, the chairman of SPLM In Opposition youth League said that the government of Juba is not committed for peace since it rejected all the agenda and the demands we put on the table for the change in the Republic of South Sudan. The government rejected the idea of reparation and compensation for the lives lost and property in the Greater Region of Upper Nile, which is affected mostly by the current calamity.
Another issue is the formation of Truth Reconciliation Commission (TRC). For example the South Africa is Truth Reconciliation Commission (TRC) was a court –like restorative justice (1) body assembled in South Africa after the abolition of apartheid.
Witnesses who were identified as victims of gross human rights violations were invited to give statements about their experiences, and some were selected for public hearings. Perpetrators of violence could also given testimony and request amnesty from civil and criminal prosecution. I was shocked when President Salva Kiir announced amnesty in Juba, South Sudan.
Amnesty without Truth Reconciliation Commission, Reparation is useless. When I had Kiir’s amnesty I was not convince by his words at all and therefore, it remind me about the lack of Lawyers, Public Administrators in Kiir’s Government in Juba, South Sudan. President Savla Kiir, should keep in wits the ‘’Government is a tool, not an end- a hammer, it can build and it can destroy” “A country without Public administrators like a child with mother” Public administrators are the hands and feet of the faith and hope.
In South Africa the mandate of the commission was to bear witness to, record and in some cases grant amnesty to the perpetrators of crimes relating to human rights violations, as well as reparation and rehabilitation. The TRC had a number of high-profit members; Archbishop Desmond Tutu(chairman), Dr.Alex Boraine (deputy chairman), Mary Burton just mention the few. If the President Kiir will just bring those who are not honest for themselves to make reconciliation in the Country.
The formation of Truth Reconciliation Commission can base in specialization in order the general public can true them. Peace without reparation, TRC will not come to South Sudan and therefore, the high level of SPLM in Opposition; have some people who are professionals in their qualifications.
Who can claim reparation?
International human rights treaties and instruments provide that victims of international crimes have the right to seek and obtain effective remedies for the violation of their rights. The Basic Principles and Guidelines on the Right to a Remedy and Reparation provide that the term victim includes those who have individually or collectively suffered harm, and may include the immediate family or dependents of the direct victim and persons who have suffered harm in intervening to assist victims in distress or to prevent victimization.
Until recently in criminal proceedings, the standing of victims to seek reparation was limited to the domestic sphere. However, the Rome Statute of the International Criminal Court now recognizes that victims of crimes under the jurisdiction of the Court may seek reparation and allows the Court to make orders directly against a convicted person to make reparations to them.
Forms of reparation
A common misconception is that reparation is synonymous with compensation. Although compensation is common, other forms of reparation include: restitution, rehabilitation, satisfaction and guarantees of non-repetition.
- Restitution seeks to restore the victim to the situation that that would have existed had the crime not happened. This may include restoration of liberty, legal rights, social status, family life and citizenship; return to one’s place of residence; and restoration of employment and return of property. For the most heinous crimes, it is often impossible to restore victims to their original situation making other forms of reparation necessary:
- Compensation is understood to include any quantifiable damage resulting from the crime, including “physical or mental harm, including pain, suffering and emotional distress; lost opportunities, including education; material damages and loss of earnings, including loss of earning potential; harm to reputation or dignity; and costs required for legal or expert assistance, medicines and medical services, and psychological and social services.” Rehabilitation is said to include medical and psychological care as well as legal and social services.
- Satisfaction and guarantees of non-repetition include such individual and collective elements as revelation of the truth, public acknowledgment of the facts and acceptance of responsibility, prosecution of the perpetrators, search for the disappeared and identification of remains, the restoration of the dignity of victims through commemoration and other means, activities aimed at remembrance and education and at preventing the recurrence of similar crimes.
The types of reparation appropriate to remedy the harm suffered will differ depending on the individual circumstances. For example, in 2007 civil society made an important statement on the particular factors to be considered in providing reparation to women and girls harmed in conflict in the Nairobi Declaration on Women’s and Girls’ Right to a Remedy and Reparation.
There, it is recognized that reintegration and restitution by themselves are not sufficient goals of reparation, which must address the political and structural inequalities that allow the violations to occur in the first place.
Perceptions of reparation
Given that victims come from a diversity of backgrounds and experiences, victims’ perceptions of reparations and the ‘reparations process’ are varied and multidimensional. Victims in the midst of conflict will not have time to think about ‘reparations’. Cultural differences may also impact on perceptions of reparations. In some cultures, active participation in criminal proceedings may be essential whereas in others, the admission of guilt by the wrongdoer will be most important.
In some contexts, the fact that one can never undo what was done or make adequate reparations may mitigate against reparations, whereas in others, the symbolic effect is seen as extremely beneficial. The context of the violation may give rise to specific perceptions of what kind of reparation should take place.
For example, a situation of massive population displacement and ethnic cleansing may necessitate a program for the return of refugees and displaced persons, and/or the other sustainable solutions for these victims.
The Truth Must Told ..……..
Ter Manyang Gatwech is a novelist on Paanluel News and Nyamilpedia and the Chairman of Ayod Community in Uganda. Former President of Cavendish University Ugnda Students Association of Public Administration and Management (CUUSAPAM). You can email me; termanyang24@gmail.com orssdnssdn733@yahoo.com . Ter Manyang Gatwech is pursues his Masters of Arts in Public Administration and Management. This views expressed in this opinion articles does not reflects my political position as the chairman of Ayod Community (Gawaar Community in Uganda).
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