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When Sorry Isn't Enough

When Sorry Isn't Enough: The Controversy Over Apologies and Reparations for Human Injustice

Edited by Roy L. Brooks
Copyright Date: 1999
Published by: NYU Press
Pages: 536
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  • Book Info
    When Sorry Isn't Enough
    Book Description:

    "How much compensation ought to be paid to a woman who was raped 7,500 times? What would the members of the Commission want for their daughters if their daughters had been raped even once?" - Karen Parker, speaking before the U.N. Commission on Human RightsSeemingly every week, a new question arises relative to the current worldwide ferment over human injustices. Why does the U.S. offer $20,000 atonement money to Japanese Americans relocated to concentration camps during World War II, while not even apologizing to African Americans for 250 years of human bondage and another century of institutionalized discrimination? How can the U.S. and Canada best grapple with the genocidal campaigns against Native Americans on which their countries were founded? How should Japan make amends to Korean "comfort women" sexually enslaved during World War II? Why does South Africa deem it necessary to grant amnesty to whites who tortured and murdered blacks under apartheid? Is Germany's highly praised redress program, which has paid billions of dollars to Jews worldwide, a success, and, as such, an example for others?More generally, is compensation for a historical wrong dangerous "blood money" that allows a nation to wash its hands forever of its responsibility to those it has injured? A rich collection of essays from leading scholars, pundits, activists, and political leaders the world over, many written expressly for this volume, When Sorry Isn't Enough also includes the voices of the victims of some of the world's worst atrocities, thereby providing a panoramic perspective on an international controversy often marked more by heat than reason.

    eISBN: 978-0-8147-3947-1
    Subjects: Law

Table of Contents

  1. Front Matter
    (pp. i-viii)
  2. Table of Contents
    (pp. ix-xviii)
  3. Preface
    (pp. xix-xx)
    Roy L. Brooks
  4. PART 1 Introduction

    • 1 The Age of Apology
      (pp. 3-11)
      Roy L. Brooks

      “Man’s inhumanity to man makes countless thousands mourn.” So wrote the poet Robert Burns two centuries ago. Burns was looking back over centuries of human injustices. But even now, long after the Enlightenment, we have not been able to reverse our proclivity to commit acts of injustice. Emotion still triumphs over reason, anger over restraint, and hate over love. Perhaps the only thing that has significantly changed through the centuries is the human capacity to say “I’m sorry.”

      Mea culpa is not a post-Enlightenment sentiment, of course. Forever etched in Western culture as the symbol of remorse is the image...

    • Suggested Readings
      (pp. 12-12)
  5. PART 2 Nazi Persecution

    • Introduction

      • 2 A Reparations Success Story?
        (pp. 17-20)
        Roy L. Brooks

        In the closing days of fighting in the European theater, Nazi Germany lay in ruins, exposed to international condemnation as the grim details of Hitler’s murderous reign began to surface. The years immediately following Germany’s unconditional surrender were marked by the Nurnberg (Nuremberg) war crimes trials and the unprecedented German redress plan for the victims of Nazi atrocities. These episodes transformed Germany’s social and geopolitical landscape, providing some measure of closure for a most shameful period of history.

        By most accounts, the postwar German redress program has been a success, if only as an exemplar of meaningful national atonement for...

    • The Scope of Persecution

      • 3 The German Third Reich and Its Victims: Nazi Ideology
        (pp. 23-30)
        Alan Davies

        The third German empire, inaugurated in 1933, bore scant resemblance to the second German empire of the Kaisers, which Bismarck established in 1871, and no resemblance whatever to the supposed first German empire of the Middle Ages. It wassui generis,the creation of Adolf Hitler, and, as such, a revolutionary rather than a conservative regime, with a dark and murderous essence distilled from the mind of its creator. To understand its policies, therefore, we must understand their genesis and rationale in the self-styled “leader” (Fuhrer) of the revolution, whose title itself reflects the novelty of the new order.


    • Holocaust Narratives

      • 4 Memories of My Childhood in the Holocaust
        (pp. 33-42)
        Judith Jaegermann

        Judith Jaegermann was sixteen years old at the time of her liberation from the concentration camp.

        At the age of seven I knew already that we were different from our neighbours. We lived in Karlsbad, where I was also born. It was Sukkoth (Feast of Tabernacles) and my Papa had just been busy making a “Sukka” (a small house celebrating the harvest) in the yard of the house where we lived and where my parents had a big kosher restaurant when, all of a sudden, stones were thrown from the neighbours’ windows. I was terribly scared and asked Papa why...

      • 5 The Human “Guinea Pigs” of Ravensbrück
        (pp. 43-46)
        Wanda Poltawska

        Wanda Poltawska was nineteen when she was arrested by the Gestapo for aiding the Polish resistance. She spent four years in the women’s concentration camp at Ravensbrück. Her narrative describes “medical” experiments that she and other Polish Christian women at Ravensbrück had to endure.

        The same six women, the same beds, the same dressing-gowns we’d left behind, the same injections—except that this time it was Wanda who returned unconscious on the trolley, with her leg in plaster up to the knee and a Roman “I” painted on the plaster.

        One at a time we were wheeled away on that...

      • 6 Stranger in Exile
        (pp. 47-48)
        Ruth Levor

        It haunted me, not so much that they had left everything behind that day when they turned the key in the lock of their comfortable Frankfurt apartment for the last time, but mostly that my immaculate housekeeper grandmother had left unwashed dishes in the sink to make it appear that she, my grandfather, my mother, and my uncles were planning to return shortly, so that they would not be turned back as they left to flee Nazi Germany for a new life in the United States. In the midst of stories of the unimaginable horrors of the concentration camps, it...

    • The National Security Defense

      • 7 Putative National Security Defense: Extracts from the Testimony of Nazi SS Group Leader Otto Ohlendorf at the Nuremberg War Crimes Trials
        (pp. 51-58)

        Dr. aschenauer (Counsel for defendant Ohlendorf): What is your name?

        Defendant ohlendorf: Otto Ohlendorf.

        Q. When and where were you born?

        A. On 4 February 1907, in Hoheneggelsen, District of Hanover.

        Q. What was the profession of your father?

        A. My father was an owner of a farm.

        Q. Do you have any brothers or sisters?

        A. I am the youngest of four.

        Q. What is the profession of your brothers and sisters?

        A. My oldest brother is a scientist; my second brother owns a farm; my sister has a business.

        Q. What was the political opinion in your parents’...

    • German Reparations

      • 8 German Compensation for National Socialist Crimes March 6, 1996
        (pp. 61-67)
        United States Department of Justice Foreign Claims Settlement Commission

        Since the Second World War, Germany has enacted a number of laws providing compensation for people who suffered persecution at the hands of the Nazis. Over the course of its forty year–plus compensation program, these laws have resulted in billions of dollars being paid to hundreds of thousands of individuals.

        Compensation for crimes committed by the Nazi regime began soon after the Second World War when the occupation powers, with the exception of the Soviet Union, enacted laws in their individual zones restoring property confiscated by the Nazis to the original owners. The first such law was American: U.S....

      • 9 Romani Victims of the Holocaust and Swiss Complicity
        (pp. 68-76)
        Ian Hancock

        The Holocaust has been established in the historical tradition as something separate from both the Second World War and—for the overwhelming majority of its historians—from the targeting ofallpopulations regarded as undesirable in the Third Reich’s new world order. While the latter distinction has been challenged on a number of grounds, the factor of genocide—the intent systematically to exterminate—justifiably sets just two ethnically or “racially” defined peoples apart: the Jews and the Roma. From this perspective, the Holocaust becomes synonymous with the Final Solution, and while Romani and Jewish scholars may argue that the treatment...

      • 10 German Reparations: Institutionalized Insufficiency
        (pp. 77-80)
        Hubert Kim

        More than forty years after Germany enacted its redress program to compensate victims of Nazi atrocities, questions continue to surface regarding the success of the German plan. Unprecedented in its scale, the German plan has been extolled as a model redress scheme, with few doubting Germany’s willingness to accept its moral responsibility for the dark chapters of its Nazi past, or its genuine desire to compensate those it victimized. Nevertheless, time has demonstrated that the German effort has not been adequate to fully compensate the hundreds of thousands of current survivors of Nazi persecution.

        From the outset, Konrad Adenauer, West...

    • Suggested Readings
      (pp. 81-82)
  6. PART 3 Comfort Women

    • Introduction

      • 11 What Form Redress?
        (pp. 87-92)
        Roy L. Brooks

        The most heinous acts have often occurred under the cloak of war. World War II provided the setting for numerous well-documented acts of atrocity by the Japanese Imperial Army, including thejugun ianfu(comfort women) system and the decimation of Nanking. Although the existence of the comfort women operation was first exposed in 1948 when Batavia (now Jakarta) hosted public trials concerning the sexual internment of Dutch women, no other war crimes trials were brought against Japan for these inhumane acts. The world looked to the future at the expense of the victims of the past. It was not until...

    • The Comfort Women System

      • 12 The Jugun Ianfu System
        (pp. 95-100)
        Karen Parker and Jennifer F. Chew

        “I could speak no Japanese and I was a virgin. Every day my body was soiled by [fifteen] Japanese soldiers. I was so tired I wanted to die. It lasted four years. After it was over, I could not have children.”¹

        They werejugun ianfu—“comfort women.”² As many as two hundred thousand women were tricked or abducted into slavery for sexual services for the Japanese Imperial Army during World War II.³ Women and girls as young as twelve were taken from their homes in Korea, China, the Dutch East Indies, Taiwan, Malaysia, Burma, and the Philippines.⁴ They were sent...

      • 13 Comfort Women Narratives: Report of the Special Rapporteur on Violence against Women, Its Causes and Consequences, Ms. Radhika Coomaraswamy, in Accordance with Commission on Human Rights Resolution 1994/45
        (pp. 101-103)

        The testimony of Chong Ok Sun, who is now seventy-four years old, reflects in particular the brutal and harsh treatment that these women had to endure in addition to sexual assault and daily rape by soldiers of the Japanese Imperial Army:

        I was born on 28 December 1920, in Phabal-Ri, Pungsan County, South Hamgyong Province, in the north of the Korean peninsula.

        One day in June, at the age of 13, I had to prepare lunch for my parents who were working in the field and so I went to the village well to fetch water. A Japanese garrison soldier...

      • 14 The Nanking Massacre
        (pp. 104-108)
        Iris Chang

        In the 1920s, Japan was struggling with an economic depression and the pressures of overpopulation. Japan set its sights on expanding its territory into eastern Asia in pursuit of renewed prosperity and power. The invasion of Manchuria in 1931 marked the beginning of Japan’s efforts to seize control of China. By 1937, Japan was engaged in a full-scale war with China. Japan’s expectations of a quick victory over China were shattered when the battle for Shanghai stretched on for several months before that city finally fell in November 1937. The imperial troops advanced toward Nanking, the capital city of Chiang...

      • 15 Japan’s Official Responses to Nanking
        (pp. 109-110)

        Japan’s responses to the Nanking incident are presented in the following two documents: a letter and a joint communiqué.

        With respect to the “Nan-Jing Incident,” the murdering of civilians and acts of plunder following the entry of Japanese troops into Nan-Jing are undeniable facts. The Government hopes to establish a relationship with China, squarely facing the problem of the past, but at the same time, looking toward the future. The Government will do so under the recognition manifested in the “Joint Communiqué of the Government of Japan and the Government of the People’s Republic of China” of 1972 [see below],...

    • The Redress Movement

      • 16 The Comfort Women Redress Movement
        (pp. 113-125)
        George Hicks

        The initial exposure of Japan’s sex-slave operations came in 1948 in Dutch Indonesia. Batavia (now Jakarta) played host to public trials concerning the sexual internment of Dutch women. The Indonesian trials resulted in the conviction of high-ranking Japanese officers and operators of the comfort system. Punishment of varying degrees was meted out, including short and long prison sentences and one execution. Some officers carried out ritual suicide rather than face prolonged incarceration.

        The Indonesian trials, which ended in 1949 and received little attention outside Dutch circles, were the only war crimes trials brought against Japan for atrocities involving the comfort...

      • 17 Japan’s Official Responses to Reparations
        (pp. 126-132)

        Japan’s responses to the reparations question are presented in statements by the prime minister and the chief cabinet secretary and a document from the Asian Women’s Fund.

        The world has seen fifty years elapse since the war came to an end. Now, when I remember the many people both at home and abroad who fell victim to war, my heart is overwhelmed by a flood of emotions.

        The peace and prosperity of today were built as Japan overcame great difficulty to arise from a devastated land after defeat in the war. That achievement is something of which we are proud,...

    • A Legal Analysis of Reparations

      • 18 Japan’s Settlement of the Post–World War II Reparations and Claims
        (pp. 135-140)
        Tetsuo Ito

        The term “claims of individuals” or “claims of its nationals,” provided for in treaties of the post-war settlement, poses some questions in international law. The first question is whether it can be said from this term that an individual has the right to make claims or demand compensation against a state in international law. According to a conventional theory of international law, an individual can not be a subject of rights or duties in international law, as international law regulates, in principle, the relations between states. Accordingly, even when the rights or duties of an individual are specifically mentioned in...

      • 19 Reparations: A Legal Analysis
        (pp. 141-146)
        Karen Parker and Jennifer F. Chew

        Despite [its] admissions and apologies, when pressed for monetary compensation, Japan asserts it settled all claims arising from World War II in its treaties with the Allied Powers and the Republic of Korea.¹ In addition, one Japanese representative has stated that these acts took place too long ago, that wars are always bad, and that with so many victims, the process of compensation would be endless and the amounts necessary to pay all the victims would be too high.² None of these explanations [is] compelling.

        The Democratic People’s Republic of Korea, China, the Philippines and Taiwan are not parties to...

    • An American Response

      • 20 Lipinski Resolution
        (pp. 149-150)

        Expressing the sense of Congress concerning the war crimes committed by the Japanese military during World War II. Whereas during World War II the Government of Japan deliberately ignored and flagrantly violated the Geneva and Hague Conventions and committed atrocious crimes against humanity;

        Whereas at the Japanese biochemical warfare detachment in Mukden, Manchuria, commanded by Dr. Shiro Ishii, experiments were conducted on living prisoners of war that included infecting prisoners with deadly toxins, including plague, anthrax, typhoid, and cholera;

        Whereas the Japanese military invaded Nanjing, China, from December, 1937, until February, 1938, during the period known as the “Rape of...

    • Suggested Readings
      (pp. 151-152)
  7. PART 4 Japanese Americans

    • Introduction

      • 21 Japanese American Redress and the American Political Process: A Unique Achievement?
        (pp. 157-162)
        Roy L. Brooks

        The success of any organized attempt to seek redress for human injustices is inextricably linked to politics, not justice or logic. Intuitions of public policy, the prejudices that legislators share with their constituencies, the willingness of political leaders to step forward and exercise political leadership, political inconvenience, and the simple exchange of favors have had the greatest impact on the fate of redress claims. Nowhere is this more evident than in the United States. Various groups have laid claim to reparations—primarily Native Americans, African Americans, and Japanese Americans—but only the latter have seen anything close to total vindication....

    • The Internment Experience

      • 22 The Internment of Americans of Japanese Ancestry
        (pp. 165-168)
        Sandra Taylor

        Japanese immigrants first came to the United States beginning in the 1880s, seeking economic freedom and opportunity. When the National Origins Act was passed by Congress in 1924, a quota system was established for certain immigrant groups, but further immigration from Japan was banned. The congressional action reflected public opinion, especially on the West Coast, where the industrious newcomers had aroused racial animosity as well as economic envy. Most of the original settlers, the Issei, and their American-born children, the Nisei, lost contact with their homeland but were unable to assimilate into a country that was prejudiced against them because...

      • 23 Executive Order 9066: Authorizing the Secretary of War to Prescribe Military Areas February 19, 1942
        (pp. 169-170)
        Franklin D. Roosevelt

        Whereas the successful prosecution of the war requires every possible protection against espionage and against sabotage to national-defense material, national-defense premises, and national-defense utilities:

        Now therefore, by virtue of the authority vested in me as President of the United States, and Commander in Chief of the Army and Navy, I hereby authorize and direct the Secretary of War, and the Military Commanders whom he may from time to time designate, whenever he or any designated Commander deems such action necessary or desirable, to prescribe military areas in such places and of such extent as he or the appropriate Military Commander...

      • 24 Report of the Commission on Wartime Relocation and Internment of Civilians
        (pp. 171-176)

        The Commission on Wartime Relocation and Internment of Civilians was established by act of Congress in 1980 and directed to

        1. review the facts and circumstances surrounding Executive Order Numbered 9066, issued February 19, 1942, and the impact of such Executive Order on American citizens and permanent resident aliens;

        2. review directives of United States military forces requiring the relocation and, in some cases, detention in internment camps of American citizens, including Aleut civilians, and permanent resident aliens of the Aleutian and Pribilof Islands; and

        3. recommend appropriate remedies.

        In fulfilling this mandate, the Commission held 20 days of hearings in cities across...

      • 25 Japanese American Narratives
        (pp. 177-180)
        Roy L. Brooks

        The evacuees received food, shelter, medical care, and education free of charge.¹ However, life in the Assembly Centers, which collected new evacuees, and in the Relocation Centers, which received evacuees from the Assembly Centers for more permanent placement, was depressing, to say the least: the loss of property and freedom was simply un-American.

        A reporter from theSan Francisco Chronicledescribed the living quarters, essentially military barracks, at one Relocation Center:

        Room size—about 15 by 25, considered too big for two reporters.


        Contents—two Army cots, each with two Army blankets, one pillow, some sheets and pillow...

    • The Redress Movement

      • 26 Relocation, Redress, and the Report: A Historical Appraisal
        (pp. 183-186)
        Roger Daniels

        [In 1967,] twenty-five years after the evacuation, … Harry Kitano and I … organized what we believe was the first academic conference devoted to an analysis of the evacuation and some of its consequences….

        The atmosphere at and preceding that conference sixteen years ago was quite different from the atmosphere here in Salt Lake City in March 1983. There had been a good deal of genteel pressure from some of the leadership of the Japanese community in Los Angeles not to have the conference at all. Things were going well, some thought; why stir up old bad feelings. None of...

    • Forms of Redress

      • 27 Redress Achieved, 1983–1990
        (pp. 189-189)
        Roger Daniels

        The Commission on Wartime Relocation and Internment of Civilians (CWRIC) … issued five recommendations for redress to Congress in June 1983. First, it called for a joint congressional resolution acknowledging and apologizing for the wrongs done in 1942. Second, it recommended a presidential pardon for persons who had been convicted of violating the several statutes establishing and enforcing the evacuation and incarceration. Third, it urged Congress to direct various parts of the government to deal liberally with applicants for restitution of status and entitlements lost because of wartime prejudice and discrimination. It gave as an example the less than honorable...

      • 28 Institutions and Interest Groups: Understanding the Passage of the Japanese American Redress Bill
        (pp. 190-200)
        Leslie T. Hatamiya

        On February 19, 1942, President Franklin D. Roosevelt issued Executive Order 9066, pursuant to which, over the next four years, the U.S. government incarcerated in internment camps more than 120,000 persons of Japanese ancestry, of whom 77,000 were American citizens, without criminal charges or a trial of any kind. Forty-six years and eight presidents later, in an effort to atone for the “grave injustice” suffered by Japanese Americans during the war, President Ronald Reagan signed the Civil Liberties Act of 1988, authorizing a national apology, an education fund, and individual payments of twenty thousand dollars to the surviving internees.¹ Never...

      • 29 Proclamation 4417: Confirming the Termination of the Executive Order Authorizing Japanese-American Internment during World War II February 19, 1976
        (pp. 201-202)

        In this Bicentennial Year, we are commemorating the anniversary dates of many great events in American history. An honest reckoning, however, must include a recognition of our national mistakes as well as our national achievements. Learning from our mistakes is not pleasant, but as a great philosopher once admonished, we must do so if we want to avoid repeating them.

        February 19th is the anniversary of a sad day in American history. It was on that date in 1942, in the midst of the response to the hostilities that began on December 7, 1941, that Executive Order 9066 was issued,...

      • 30 Response to Criticisms of Monetary Redress
        (pp. 203-204)
        Roger Daniels

        Although the CWRIC report,Personal Justice Denied, had been adopted unanimously, one commissioner, Rep. Daniel Lundgren (R-Calif.), dissented from all recommendations which involved the payment of money. He thought that an apology was enough. He argued that “it is inappropriate that present day taxpayers should be held accountable for actions that occurred 40 years ago. Should we pay monetary redress for survivors for the abhorrent practice of slavery or the inhumane treatment of Indians 100 years ago?”¹ As the bill provided redress for survivors only, Lundgren’s arguments were a chain of nonsequiturs. Humorist Mark Russell put it nicely by noting...

      • 31 Testimony of Representative Norman Y. Mineta
        (pp. 205-205)

        I realize that there are some who say that these payments are inappropriate. Liberty is priceless, they say, and you cannot put a price on freedom.

        That’s an easy statement when you have your freedom. But to say that because constitutional rights are priceless they really have no value at all is to turn the argument on its head.

        Would I sell my civil and constitutional rights for $20,000? No. But having had those rights ripped away from me, do I think I am entitled to compensation? Absolutely.

        We are not talking here about the wartime sacrifices that we all...

      • 32 German Americans, Italian Americans, and the Constitutionality of Reparations: Jacobs v. Barr Opinion for the Court Filed by Chief Judge Mikva Before Chief Judge Abner Mikva; Harry Edwards and Ruth Bader Ginsburg, Circuit Judges
        (pp. 206-216)

        Fifty years ago, President Roosevelt authorized his Secretary of War to send Japanese Americans to internment camps solely because of their race. Four years ago, Congress passed a Civil Liberties Act to compensate the victims of the policy, and to apologize for the “grave injustice” they had suffered. Today, Arthur Jacobs, an American citizen who says he was detained with his German father in 1945, argues unexpectedly that the Civil Liberties Act is unconstitutional. Because the Act compensates interns of Japanese and Aleutian, but not German, descent, he says it denies him the equal protection of the laws.

        We disagree...

      • 33 The Case of the Japanese Peruvians
        (pp. 217-221)

        During World War II the United States expanded its internment program and national security investigations to Latin America on the basis of “military necessity.” On the government’s invitation, approximately 3,000 residents of Latin America were deported to the United States for internment to secure the Western Hemisphere from internal threats and to supply exchanges for American citizens held by the Axis. Most of these deportees were citizens, or their families, of Japan, Germany and Italy. Although this program was not conducted pursuant to Executive Order 9066, an examination of the extraordinary program of interning aliens from Latin America in the...

      • 34 Letters from John J. McCloy and Karl R. Bendetsen
        (pp. 222-227)

        John J. McCloy [was] the ranking surviving individual who participated in the decision to relocate the Japanese Americans in the winter of 1941-42. Then assistant secretary of war, McCloy … had a distinguished career as a member of the New York bar and as an appointee of Democratic and Republican presidents from Franklin Roosevelt to Jimmy Carter. In this letter,¹as in testimony before CWRIC [Commission on Wartime Relocation and Internment of Civilians], on the “op-ed” page of the New York Times, and on television programs such as theMcNeil-Lehrer ReportandSunday Morning,McCloy expresse[d] his dissatisfaction with both...

    • Suggested Readings
      (pp. 228-228)
  8. PART 5 Native Americans

    • Introduction

      • 35 Wild Redress?
        (pp. 233-238)
        Roy L. Brooks

        Some human injustices span the duration of a war, a political regime, or a historical era. Others persist much longer. The gross mistreatment of Indians in America is of the latter variety; it has lasted some five hundred years. Not only has this atrocity been remarkably prolonged, but it has covered a wide range of harms, including deprivation of life, sustenance, culture, language, land, liberty, religion, and self-sufficiency. Because of the duration and assortment of injustices committed against Native Americans, the question of redress raises intractable issues. Perhaps this helps to explain why the federal government’s repeated attempts at redress...

    • The Native American Experience

      • 36 Native American Reparations: Five Hundred Years and Counting
        (pp. 241-248)
        Laurence Armand French

        For more than five hundred years attempts have been made to exterminate, assimilate, or otherwise eliminate Native Americans from the American hemisphere. Their privation knows no equal in American history. No other group within the United States has been subjected to such cruel, harsh, and deceptive exploits at the hands of the dominant society and for such a long period of time. Massacres at the hands of the military and civilians, slavery, wars, removal, treaty deceit, starvation, disease, genocide, forced sterilization, and cultural genocide are some of the methods used in the Euro-American effort to destroy the native peoples and...

    • Native American Narratives

      • 37 The Killing of Big Snake, a Ponca Chief, October 31, 1879
        (pp. 251-251)
        Hairy Bear

        Big Snake said he had done nothing wrong; that he carried no knife; and threw off his blanket and turned around to show he had no weapon. The officer again told him to come along. Big Snake said he had done nothing wrong, and that he would die before he would go. I then went up to Big Snake and told him this man (the officer) was not going to arrest him for nothing, and that he had better go along, and that perhaps he would come back all right; I coaxed all I could to get him to go;...

      • 38 The Massacre at Wounded Knee, South Dakota, December 29, 1890
        (pp. 252-253)
        Turning Hawk and American Horse

        The furor that the appearance of the ghost dance religion created among the Sioux brought about a concomitant hysteria in the white community, even far from Indian country. There were numerous public demands that the whole thing be stopped by the army. On December 14, 1890, Sioux police were sent to arrest Sitting Bull, and in the ensuing fracas the old chief was killed. Some of Sitting Bull’s followers fled and joined a band of Sioux under Big Foot. A few days later, in this emotionally charged situation, the appearance of soldiers caused the band to flee toward the Pine...

      • 39 How the Indians Are Victimized by Government Agents and Soldiers
        (pp. 254-256)

        The following testimony by a Yankton Sioux was given in August 1865, to a commissioner of Indian affairs, A. W. Hubbard, at the Yankton agency in South Dakota. “Grandfather” is an Indian way of referring to the United States government.

        When I went to make my treaty, my grandfather agreed, if I would put three young men to work, he would put one white laborer with them to learn them; that I should put three young men to learn ploughing, and he would put one white man to learn them; also, three to sow, three to learn the carpenter’s trade,...

      • 40 Forced Removal of the Winnebago Indians, Nebraska, October 3, 1865
        (pp. 257-258)
        Little Hill

        Formerly I did not live as I do now. We used to live in Minnesota. While we lived in Minnesota we used to live in good houses, and always take our Great Father’s advice, and do whatever he told us to do. We used to farm and raise a crop of all we wanted every year. While we lived there we had teams of our own. Each family had a span of horses or oxen to work, and had plenty of ponies; now, we have nothing. While we lived in Minnesota another tribe of Indians committed depredations against the whites,...

    • The Redress Movement:: Land Claim Litigation

      • 41 Indian Claims for Reparations, Compensation, and Restitution in the United States Legal System
        (pp. 261-270)
        Nell Jessup Newton

        Treaties with American Indian Tribes transferred more than 2 billion acres of land to the United States.¹ These treaties also recognized tribes as sovereigns with respect to their internal affairs. Although some treaties were negotiated from a position of strength, many others were the product of fraud or coercion rather than consent. Cultural differences marred this treaty process. In addition to the obvious problem of negotiating in an unfamiliar language, tribal people had different concepts of the relationship of people to land than those encapsulated in the concept of property in Euro-American cultures. A treaty that seemed fair on its...

    • The Redress Movement:: Land Claim Legislation

      • 42 The True Nature of Congress’s Power over Indian Claims: An Essay on Venetie and the Uses of Silence in Federal Indian Law
        (pp. 273-280)
        Robert A. Williams Jr.

        According to well-established principles of federal Indian law, Congress has plenary power to manage Indian affairs.¹ This broad power has given Congress extraordinary flexibility in approaching the difficult questions of law and justice that arise in addressing the claims of Indian tribes conquered and colonized by the United States.

        Prior to World War II, Congress used its broad power over Indian claims to pass special jurisdictional acts permitting some Indian tribes to seek compensation for treaty violations and other claims for reparations before the Court of Claims. The great degree of power and flexibility that Congress possesses in this arena...

    • Repatriation of Religious and Cultural Artifacts

      • 43 Repatriation Must Heal Old Wounds
        (pp. 283-288)
        Rick Hill

        This essay discusses the Larsen Bay repatriation case arising from the excavation in the 1930s of Native American property from Kodiak Island, Alaska. After four years of controversy, the property was returned.

        In the past, Indian peoples have been looked upon by museums as suppliers of material culture or as performers to celebrate the opening of exhibitions. Few museums have actually developed their policies and programs with native peoples in mind. Although American Indian topics are a major part of the educational mission in over four hundred United States museums, the communities discussed have not been perceived as part of...

    • Wealth, Redistribution, and Sovereignty

      • 44 Office of the Governor, Pete Wilson, State of California, Press Release Sacramento, March 6, 1998
        (pp. 291-293)

        Governor Pete Wilson today signed an historic compact with the Pala Band of Mission Indians to allow legal gaming on tribal lands. The Pala-State compact is a comprehensive model agreement that authorizes the tribe to conduct legal gaming as required under federal law, but also includes fundamental protections for both employees and patrons, provides for local community involvement and tribal sharing of revenues with non-gaming tribes, and restrains the expansion of gaming in California.

        “Today, I’m announcing that we have finalized a compact with the Pala Tribe so that it may proceed with legal gaming on its reservation,” Wilson said....

      • 45 Statement of the Honorable Anthony R. Pico, Chairman, Viejas Band of Kumeyaay Indians, Press Conference San Diego, March 13, 1998
        (pp. 294-297)

        For the past seven years we’ve been negotiating off and on, more off than on, with Governor Pete Wilson for a compact that would legalize our video electronic machines.

        And here it is. I guess it’s like Christmas, you wait and wait for it. When it finally comes you’re either overjoyed or disappointed.

        To say we, the Viejas Band, are disappointed with the Pala Compact would be a gross understatement. The reaction of the Viejas Tribal council and tribal members ranges from shock, disbelief, and disappointment, to anger and outrage. Unlike the governor, who has had seven years to make...

      • 46 The Distribution of Wealth, Sovereignty, and Culture through Indian Gaming
        (pp. 298-303)
        Naomi Mezey

        From racetracks and lotteries to riverboat and reservation gambling to full-scale Las Vegas casinos, gambling has ballooned into a $30 billion industry,¹ and some form of legalized gambling now exists in every state except Utah and Hawaii.²

        Growing gambling revenues have enormous redistributive potential, and state governments stand to be the predominant beneficiaries. But the potential for profit from a once-nefarious industry has engendered widespread debate about the growth of legalized gambling. Oddly enough, the eye of this political and rhetorical storm has centered on the relatively small take by Indian gaming. Of the $30 billion in gambling profits made...

    • Suggested Readings
      (pp. 304-304)
  9. PART 6 Slavery

    • Introduction

      • 47 Not Even an Apology?
        (pp. 309-314)
        Roy L. Brooks

        Few today would condone human bondage or fail to see the stain slavery has left on the American moral character. Nor would many Americans spurn the ideal of justice and atonement for wrongdoing. Nevertheless, the slavery redress movement has met resistance at every turn. Unlike the atrocities addressed elsewhere in this book, the question of whether an official apology for slavery should be issued has not been settled, not to mention the critical question of whether the U.S. government should pay reparations for its involvement in slavery. Although these issues have been debated extensively, the federal government has been reluctant...

    • The Slave and the Free Black Experience

      • 48 The Legal Status of African Americans during the Colonial Period
        (pp. 317-324)
        A. Leon Higginbotham Jr.

        After the first blacks landed in 1619, they had an uncertain legal status for at least four decades. But as the years passed the freedom of blacks decreased and the deprivations they were forced to endure were transformed into legal dogma. By 1705 Virginia had rationalized, codified, and judicially affirmed its exclusion of blacks from any basic concept of human rights under the law. After the 1705 slave code, Virginia made several revisions, in acts passed in 1710, 1723, 1726, 1727, 1732, 1744, 1748, 1753, 1765, 1769, 1778, 1782, 1785, 1787, 1789, and 1792.¹ The 1792 act was the last...

      • 49 African Americans under the Antebellum Constitution
        (pp. 325-326)
        Supreme Court of the United States

        In the opinion of the court, the legislation and histories of the times, and the language used in the Declaration of Independence, show, that neither the class of persons who had been imported as slaves, nor their descendants, whether they had become free or not, were then acknowledged as a part of the people, nor intended to be included in the general words used in that memorable instrument.

        It is difficult at this day to realize the state of public opinion in relation to that unfortunate race, which prevailed in the civilized and enlightened portions of the world at the...

      • 50 Slave Narratives
        (pp. 327-332)
        Roy L. Brooks

        If we were to listen only to slaveholders, we would be compelled to conclude that American slavery, that “peculiar institution,” was benevolent. Jefferson Davis, the president of the Confederacy, certainly saw slavery in this fashion. Unlike most of his fellow slaveholders, Davis spoke from experience. Apparently, neither he nor his older brother, the patriarch of the family, mistreated slaves under their control. As one scholar has observed, “The slaves judged and punished themselves. Families were kept together.” And, as one of Davis’s slaves stated, “We had good grub and good clothes and nobody worked hard.” Similarly, Davis treated his black...

      • 51 Remembering Slavery
        (pp. 333-335)
        Jennifer Fleischner

        It took two hundred years to create the antebellum slave culture of the United States—a culture born of generations of social, psychological, and biological crossings between black and white, slave and free. It was a mixed, complex world whose very existence contradicted the assumptions of racial purity and difference used to justify slavery. Masters and slaves shared in this contradictory world of “family” relations in the context of radical social and political separation. Slave narratives, in revealing just how conflicted, desperate, and internalized a world this was, suggest that the psychological legacy of slavery may take two centuries to...

      • 52 Life as a Free Black
        (pp. 336-338)
        James Grahame

        In the Northern States, where the inhabitants were never exposed to the temptations by which slavery was invited and extended in the South,—where the slaves were few, the white population numerous and rapidly increasing, and white labour at once easily procurable and fittest for the soil—there, where slavery reflected the greatest disgrace on the national name, afforded the least profit to the slave-owners, and injured the community by discrediting the occupation of free labourers,—agradualabolition of slavery was brought to pass by laws which indulged the slave-owners with the choice of selling their negroes to the...

    • The Redress Movement

      • 53 The Growing Movement for Reparations
        (pp. 341-344)
        Joe R. Feagin and Eileen O’Brien

        In its modern phase, the African American redress movement encompasses a number of different goals. The most overt goals are (1) to secure compensation for the labor and lives stolen from the ancestors of African Americans by the oppressive systems of slavery and segregation and (2) to secure a national and public apology for that racial oppression. Robert Browne has underscored the related goal of providing African Americans today with a fair share of the national wealth, one that they would have had if given the same inheritances, opportunities, and privileges that white Americans had over the last four centuries.¹...

    • Forms of Redress:: Apology

      • 54 Why the North and South Should Have Apologized
        (pp. 347-349)
        James Grahame

        “If there be,” said that generous friend of America and of human nature, Thomas Day, (chiefly known as the author ofSandford and Merton,)—“if there be an object truly ridiculous in the universe, it is an American patriot signing resolutions in favour of liberty with the one hand, and with the other, brandishing a whip over his affrighted slaves.” These words express the sentiment of all civilized men—except the Americans themselves—who, in reference to the system of negro slavery which they continue to uphold, so far from admitting the reproach of peculiar iniquity, boldly challenge a right...

      • 55 Defense of Congressional Resolution Apologizing for Slavery
        (pp. 350-351)
        Congressman Tony P. Hall of Ohio

        Mr. Speaker, last week, I introduced House Concurrent Resolution 96. This is a resolution that apologizes for slavery in the United States. It is rather simple. It is only one sentence long. Let me read it:

        Resolved by the House of Representatives that the Congress apologizes to African-Americans whose ancestors suffered as slaves under the Constitution and the laws of the United States until 1865.

        That is simply what it says. It is a very simple idea. The Congress apologizes. It is a powerful message.

        When a brother wrongs a brother, he apologizes. That is the foundation for beginning again....

      • 56 Clinton Opposes Slavery Apology
        (pp. 352-352)

        In stopovers in Africa last week, President Clinton was careful not to issue a formal apology for America’s slave past, but rather to express regret and contrition. One reason, aides say, was to avoid being unnecessarily divisive at home. But another important factor—rarely discussed by the White House—is concern over the legal implications of a formal apology. If Clinton, as head of the U.S. government, issues such a statement, it could increase legal, as well as moral, pressure for reparations to the descendants of slaves, much as many Japanese-Americans won reparations for their illegal incarceration at the outbreak...

      • 57 Ask Camille: Camille Paglia’s Online Advice for the Culturally Disgruntled
        (pp. 353-354)
        Camille Paglia

        O Wise One.

        I would be most interested to know if you think the U.S. government should apologize to African-Americans for the existence of the institution of slavery.

        P.S. Keepthinking, Camille. It certainly sets you apart from most public voices in America Today.

        Over it in D.C.

        Dear Over it:

        An apology can be extended only by persons who committed the original offense. Slavery was a commercial operation tolerated but not invented by government. Therefore the government cannot logically apologize for it.

        Second, the United States consists today of a diverse population, much of which had no connection whatever...

      • 58 The Atlantic Slave Trade: On Both Sides, Reason for Remorse
        (pp. 355-357)
        Howard W. French

        From the moment the White House announced that President Clinton would stop at Senegal’s Gorée Island, one of this continent’s most famous monuments to the Atlantic slave trade, a polemic was re-launched in the United States and in much of Africa over how and indeed whether Mr. Clinton should apologize for the centuries-long capture and sale into bondage of millions of Africans.

        For some, the very idea of an apology was offensive. Weren’t Africans engaging in slavery themselves well before the first Europeans came and carried off their first human cargoes? Didn’t African chiefs themselves conduct razzias, or slaving raids,...

      • 59 They Didn’t March to Free the Slaves
        (pp. 358-359)
        Robert S. McElvaine

        It is generally accepted that the Civil War was the most important event in American history. Yet, as two current controversies remind us, we disagree on what that war was about.

        The question of whether the nation should make a formal apology for slavery has brought forth from such authorities as former history professor Newt Gingrich and columnist George F. Will the declaration that we fought the war to end slavery. Meanwhile, across the South, where battles continue over the display of Confederate flags and related symbols, white defenders of their “heritage” argue that the Civil War was not about...

      • 60 Lincoln Apologizes
        (pp. 360-362)
        Thomas Geoghegan

        It’s strange that there’s a debate over whether our President should apologize for slavery. I thought our greatest President, Abraham Lincoln, already did, in his Second Inaugural Address.

        It’s an apology so poetic, so biblical, so Shakespearean, that I doubt any words read on a teleprompter could improve it.

        The Second Inaugural is worth a book as good as the one Garry Wills wrote on the Gettysburg Address. Because the apology builds and rebuilds as it goes along, I only mar it by quoting in the middle. But in any case, here’s just a part:

        It may seem strange that...

    • Forms of Redress:: Reparations

      • 61 Special Field Order No. 15: “Forty Acres and a Mule” Headquarters, Military Division of the Mississippi, in the Field, Savannah, Georgia, January 16, 1865
        (pp. 365-366)
        I. M. Dayton

        1. The islands from Charleston south, the abandoned rice-fields along the rivers for thirty miles back from the sea, and the country bordering the St. John’s River, Florida, are reserved and set apart for the settlement of the negroes now made free by the acts of war and the proclamation of the President of the United States.

        2. At Beaufort, Hilton Head, Savannah, Fernandina, St. Augustine, and Jacksonville, the blacks may remain in their chosen or accustomed vocations; but on the islands, and in the settlements hereafter to be established, no white person whatever, unless military officers and soldiers detailed for duty,...

      • 62 The Commission to Study Reparations Proposals
        (pp. 367-369)
        Congressman John Conyers of Michigan

        In 1989 I first proposed that a commission be created to study the institution of slavery in this country from 1619 to 1865, and subsequent de jure and de facto racial and economic discrimination against African-Americans, as well as the impact of these forces on living African-Americans, and to make recommendations to the Congress on appropriate remedies.

        One of the remedies in this Congress is H.R. 40, with the number of the resolution selected for the “Forty Acres and a Mule” rallying cry of 1865 when Civil War General Tecumseh Sherman issued Special Field Order 15, declaring the Georgia Sea...

      • 63 Clinton and Conservatives Oppose Slavery Reparations
        (pp. 370-371)
        Mary E. Smith

        The question of whether the United States should make reparations for slavery has led to outspoken opposition from a number of individuals. This opposition to compensation for slavery comes not only from conservatives, but from liberals as well, the most prominent of which is President Bill Clinton.

        Clinton supports the major argument that has been made against the payment of reparations of slavery. He does not favor compensating the victims of slavery “because the nation is so many generations removed from that era that reparations for black Americans may not be possible.”¹

        Although Clinton opposes compensating the descendants of slaves,...

      • 64 Collective Rehabilitation
        (pp. 372-373)
        Darrell L. Pugh

        Should Congress muster the courage to proceed with a plan of reparations for African Americans, important issues of how to structure such payment need to be worked out. Specificially, two critical decisions need to be made: (1) How much money is to be paid out? and (2) How is the money to be paid out (i.e., whether to individuals in the form of compensation or to the class as a whole in the form of collective rehabilitation)?

        Perhaps the most difficult decision facing Congress in enacting a public policy of reparations will be in determining the appropriate amounts to be...

      • 65 The Constitutionality of Black Reparations
        (pp. 374-389)
        Boris I. Bittker and Roy L. Brooks

        In 1973, Boris Bittker discussed the constitutionality of black reparations in a chapter of his book, The Case for Black Reparations.¹ In the following essay, Roy L. Brooks updates that discussion with Bittker’s permission.

        Does the Constitution permit the federal government to establish and finance a program of reparations whose benefits would go to black citizens exclusively? It is, of course, common practice for governmental benefits to be distributed to a limited class of persons. Thus, we take it for granted that poor people but not rich ones get welfare payments, that veterans but not nonveterans qualify for benefits under...

    • Suggested Readings
      (pp. 390-390)
  10. PART 7 Jim Crow

    • Introduction

      • 66 Redress for Racism?
        (pp. 395-398)
        Roy L. Brooks

        “[T]he negro would appear to stand on a lower evolutionary plane than the white man, and to be more closely related to the highest anthropoids.” This conclusion, memorialized in the 1910 edition of the prestigiousEncyclopaedia Britannica, provided the “scientific” justification for the systematic, government-sanctioned exclusion of African Americans from mainstream society between the end of Reconstruction (circa 1875) and the late 1960s/early 1970s. Known as the “Jim Crow” era, this nearly one-hundred-year period was America’s Age of Apartheid. It was a time in which nonwhites were accorded second-class citizenship under the law, and in which African Americans were singled...

    • The Jim Crow Experience

      • 67 The Triumph of White Supremacy
        (pp. 401-404)
        John Hope Franklin and Alfred A. Moss Jr.

        When it became evident that white factions would compete with one another for the Negro vote, and thus frequently give the Negro the balance of power, it was time for the complete disfranchisement of the Negro, the Fifteenth Amendment to the contrary notwithstanding. On this, most Southern whites were agreed. They differed only over the method of disfranchising blacks. The view prevailed that none but people of property and intelligence were entitled to suffrage. As one writer put it, white Southerners believed that “no person should enjoy the suffrage unless he gives sufficient evidence of his permanent interest in and...

    • Jim Crow Narratives

      • 68 Jim Crow Narratives
        (pp. 407-410)
        Abby Snyder

        The life of African Americans under Jim Crow is often told in grim statistics, such as these:

        African Americans came out of the Jim Crow era with an unemployment rate roughly twice as high as the rate for whites; a poverty rate for individuals and intact families more than three times that of whites; and income levels for males and intact families that were only 58.1 percent and 61.4 percent, respectively, of the income levels recorded for their white counterparts. The percentage of African American men and women concentrated in the lowest-paying, least-skilled jobs (primarily private domestic service and farming)...

    • Forms of Redress

      • 69 The United States Has Already Apologized for Racial Discrimination
        (pp. 413-416)
        Bernard H. Siegan

        That the adoption by Congress of a resolution apologizing for Jim Crow laws will advance civil rights is highly questionable. To be sure, there are some benefits from any apology. The recipients are gratified and feel morally vindicated. In the case of a congressional apology, its passage may also enhance the moral stature of the civil rights movement, both nationally and internationally.

        However, there are two serious problems with such a resolution. First, it is superfluous. This nation has already apologized for Jim Crow laws by adopting in recent years a multitude of statutes and judicial rules outlawing discriminatory policies...

      • 70 The Long-Overdue Reparations for African Americans: Necessary for Societal Survival?
        (pp. 417-421)
        Joe R. Feagin and Eileen O’Brien

        Many discussions of reparations for African Americans seem to suggest that such compensation is a wild idea well beyond conventional U.S. practice or policy. This is not, however, the case. The principle of individual and group compensation for damages done by others is accepted by the federal government and the larger society in regard to some claims, but only grudgingly and incompletely for others, such as those by African Americans who have been harmed by racial oppression. For example, recent anti-crime legislation, in the form of the Victims of Crime Act, codifies the principle of compensation for victims of crimes....

      • 71 Reparations: Strategic Considerations for Black Americans
        (pp. 422-426)
        C. J. Munford

        Rumblings and ruminations about reparations reverberate throughout the Black world. As the second millennium turns to the third millennium—as western civilization reckons time—strong voices cry out for compensation, all across the African continent, from Nigeria to the Pan African Movement, headquartered in Kampala, Uganda, to the Organization of African Unity seated in Addis Ababa. In the Caribbean and among Brazil’s African millions a Black consciousness stirs, focused on the Black diaspora’s just claims for indemnification and remediation. In the United States the National Coalition of Blacks for Reparations in America (N’-COBRA) spearheads the drive.

        Supporters of reparations must...

      • 72 Repatriation as Reparations for Slavery and Jim-Crowism
        (pp. 427-434)
        Robert Johnson Jr.

        Repatriation represents the oldest form of African American nationalist sentiments, traceable to the fifteenth century when the first Africans were taken from the continent. As Africans were ripped from the continent and their cultural and spiritual way of life, most yearned for a return to the homeland. This yearning for reconnection with Africa has never ended. Rather, it has been nurtured and developed over the past four centuries, gaining critical momentum in the nineteenth century in the form of a variety of different colonization efforts and moving closer to an authentic, mass-based model in the twentieth century.

        Recently, many scholars...

      • 73 Rosewood
        (pp. 435-437)
        Kenneth B. Nunn

        On April 8, 1994, after two years of political wrangling, the Florida Legislature passed the Rosewood Compensation Act. This was a significant legislative achievement. It marked the first time that any American governmental body had acknowledged its responsibility for an act of racial violence committed against African Americans, in the long history of such acts. The Act was significant also because it was passed by a Southern legislature, in a state controlled by interests that have historically been unsympathetic to African American concerns. Even more remarkable was the fact that the Act was passed during a period of general civil...

    • Suggested Readings
      (pp. 438-438)
  11. PART 8 South Africa

    • Introduction

      • 74 What Price Reconciliation?
        (pp. 443-448)
        Roy L. Brooks

        South Africa, the richest nation in Africa, presents an unprecedented setting for the redress of human injustices. In 1994, after nearly a half century of racial oppression against its black majority, the people of South Africa, in their first nonracial election, chose as their president a black countryman who spent twenty-seven years incarcerated as a political prisoner and who later became head of a once-banned political party, the African National Congress (ANC). Nelson Mandela’s election marked the beginning of a period of transition in South Africa. The government’s desire to move from a regime of racial oppression and exclusivity to...

    • The Apartheid Experience

      • 75 African National Congress Statement to the Truth and Reconciliation Commission August 1996
        (pp. 451-454)

        The process of colonial conquest lasted over two centuries, culminating in the formation of the racially exclusive Union of South Africa. In 1948, the National Party (NP) came to power and between 1948 and 1960, legislation was introduced to give material meaning to previous racial segregation and discrimination, to limit civil liberties and to suppress political dissent.

        Apartheid was founded on, and represented an intensification of, the colonial system of subjugation of Africans, coloured and Indians.

        Apartheid oppression and repression were therefore not an aberration of a wellintentioned undertaking that went horribly wrong. Neither were they, as we were later...

    • Apartheid Narratives

      • 76 Truth and Reconciliation Commission, Amnesty Hearing: Testimony of Jeffrey T. Benzien July 14, 1997
        (pp. 457-460)

        Mr benzien: Chairperson, my … date of appointment in the South African Police was the 31st of December 1976. [Description of positions held within the police services through March 1994 omitted.] … I am currently employed at the Airwing of the South African Police Service, Cape Town and I was promoted to the rank of Captain with effect from the end of May of this year.

        Adv cook: Chairperson, before we continue, there is something which my client would like to say to the Committee and to all people whom he has harmed. It is an introductory statement that he...

      • 77 Truth and Reconciliation Commission, Amnesty Hearing: Affidavit and Testimony of Bassie Mkhumbuzi July 9, 1997
        (pp. 461-466)

        Affidavit: I, the undersigned, Bassie Nzikizi Mkhumbuzi, do hereby make oath and say that I am aged 21 years and I reside at 2023 Unathi, Old Crossroads. I am unmarried and I am the father of three children aged four, one and eleven months.

        The facts to which I depose, are true and correct and within my personal knowledge, unless the context otherwise indicates.

        I grew up in Cape Town and went to school in Cape Town and reached standard 8, at Vuyiseka High School in Woodstock.

        I am currently facing eleven charges of murder, charges of attempted murder and...

    • The Redress Movement

      • 78 Alternatives and Adjuncts to Criminal Prosecutions Brussels, Belgium, July 20–21, 1996
        (pp. 469-474)
        Alexander Boraine

        In order to understand the nature and implications of the Truth and Reconciliation Commission in South Africa it is important to see the Commission both in the national and international contexts.

        South Africa, oppressed and oppressors together, were imprisoned by the chains with which one group sought to bind the other for many generations….

        … [A]partheid was a system of minority domination of statutorily defined colour groups on a territorial, residential, political, social and economic basis.

        It was a system which was entrenched for almost 50 years. Although the cards seemed to be stacked against South Africa achieving a relatively...

    • Forms of Redress

      • 79 Summary of Anti-Amnesty Case: Azanian Peoples Organization (AZAPO) and Others v. The President of the Republic of South Africa CCT 17/96 Constitutional Court, July 25, 1996
        (pp. 477-478)

        This summary of the decision was prepared by members of the Witwaterstrand Law School faculty in South Africa.

        The applicants applied for direct access to the Constitutional Court and for an order declaring § 20(7) of the Promotion of National Unity and Reconciliation Act 34 of 1995 unconstitutional. Section 20(7), read with other sections of the Act, permits the Committee on Amnesty established by the Act to grant amnesty to a perpetrator of an unlawful act associated with a political objective and committed prior to 6 December 1993. As a result of the grant of amnesty, the perpetrator cannot be...

      • 80 Justice after Apartheid? Reflections on the South African TRC
        (pp. 479-486)
        Wilhelm Verwoerd

        The primary purpose of this paper is to help “answer” … [certain] “justice”-driven criticisms, which threaten to undermine the legitimacy and, therefore, the efficacy of the TRC process. I want to defend the claim that, in principle, for South Africa, the TRC is the most appropriate protest against and response to a specific kind of wrongdoing, namely large scale politically motivated crimes within a transitional context. Furthermore, as far as the rectification of the more wide-ranging Apartheid injustices are concerned, I want to argue that the TRC’s contribution to “reconstruction and development” is vital, though limited.

        To do this I...

      • 81 Will the Amnesty Process Foster Reconciliation among South Africans?
        (pp. 487-491)
        Emily H. McCarthy

        The amnesty process is predicated on the belief that uncovering the “truth” about the apartheid past will pave the way toward reconciliation among the diverse ethnic and political groups in South Africa. As one journalist aptly described the Truth Commission and the amnesty process:

        The effort assumes that truth is a balm, and that recording the horrors of the past will by itself help diminish the chance they will be repeated in the future. Not everyone agrees that recording the horrors is enough. The truth commission itself is the result of a compromise embodied in its guarantee of amnesty to...

      • 82 Healing Racial Wounds? The Final Report of South Africa’s Truth and Reconciliation Commission
        (pp. 492-500)
        Eric K. Yamamoto and Susan K. Serrano

        Lukas Baba Sikwepere described the last time he saw the world. At a regional hearing of South Africa’s Truth and Reconciliation Commission, he told of his escape in 1985 from a political conflict near Cape Town. After police fired shots into a group of South African blacks, Sikwepere attempted to flee. “[W]hen I arrived at the place when I thought now I am safe, I felt something hitting my cheek … I felt my eyes itching … I was scratching my eyes, I wasn’t quite sure what happened to my eyes.” Sikwepere also told the Commission of later beatings by...

      • 83 Introductory Notes to the Presentation of the Truth and Reconciliation Commission’s Proposed Reparation and Rehabilitation Policies 23 October 1997
        (pp. 501-504)
        Hlengiwe Mkhize

        The Truth and Reconciliation Commission is today pleased to announce its proposed reparation and rehabilitation policies.

        The proposals have been discussed with the Government but they nevertheless remain proposals at this stage. They will be considered fully by Government and Parliament when the Commission’s final report is presented next year.

        The Commission is not empowered to implement recommendations on a final reparations policy, so final decisions on our recommendations are in the hands of the Government.

        But before I sketch to you an outline of the policies, … I would like to deal first with the question of why there...

      • 84 Truth and Reconciliation Commission Hearing, Testimony of Former President F. W. de Klerk May 14, 1997
        (pp. 505-505)

        Chairperson … I shall limit my opening remarks…. [A] number of commentators as well as my political opponents continue to claim that I have not apologised for apartheid. This is simply not true. Clearly they have not listened or they don’t care to listen to the numerous statements I have made on the subject over the years. They fail to take note of my unqualified apology on the 30th of April 1993. They have studied neither my first nor second submission to the Truth and Reconciliation Commission. They equate the efforts that I made, and may I say at the...

      • 85 Affirmative Action as Reparation for Past Employment Discrimination in South Africa: Imperfect and Complex
        (pp. 506-509)
        Linda Human

        The last six years have seen a great deal of debate in South Africa about concepts such as affirmative action and employment equity. Many people, however, rely on newspapers for their understanding of what affirmative action is and how it will affect their lives. More interesting (or alarming) is how such reports are taken at face value, particularly if they tell us about how affirmative action has failed in other countries, such as the United States. This negative reporting obviously affects the attitudes of blacks and whites toward affirmative action. Because of the association made between affirmative action and tokenism,...

    • Suggested Readings
      (pp. 510-510)
  12. Appendix: Selected List of Other Human Injustices
    (pp. 511-514)
  13. Contributors
    (pp. 515-520)
  14. Permissions
    (pp. 521-522)
  15. Index
    (pp. 523-535)
  16. About the Editor
    (pp. 536-536)