Between transitional justice and politics: Reparations in South Africa

ABSTRACT

Reparations are a major component of transitional justice in the aftermath of widespread abuse. However, the implementation of reparations programmes often follows the logic of transitional politics, where short-term political interests trump victims’ rights. Using the South African case as a cautionary tale, this article shows that reparations are susceptible to political instrumentalisation and evaluates the role of international redress norms in safeguarding victims’ rights. Civil society groups have used the right to reparations as a basis for political contestation of inadequate reparations programmes and focused primarily on the broadening of redress norms. However, the existing international legislation fails to protect victims’ rights to reparations from political manoeuvring. In conclusion, the article highlights the need for international redress norms to be consolidated and made more concrete in order to more effectively circumscribe the scope states have to avoid meeting their reparations obligations.