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Khanya B Motshabi
Khanya B Motshabi is a Senior Lecturer of Public Law and the Strategy Lead of University of the Free State Africa Reparation Hub.

Opinion article by Khanya B Motshabi, Senior Lecturer of Public Law and Strategy Lead of UFS Africa Reparation Hub.


Unjustified injuries inevitably trigger demands for remediation, almost always, at some point.  If so, colonial-apartheid atrocities rightly produce claims to redress. This face of reparative justice claims is easily cognisable. But it hides a deeper and larger claim to wholeness. Wholeness returns something to its original condition, or nearly there, and compensates for intervening fissures. Return and reparation are thus key remedies for colonial-apartheid harms. Wholeness builds on such ideas as replacement, atonement, restoration, and restitution. Wholeness concepts recognise, enable, and propel national reconstruction, an essential for shattered nations. This logic is perfectly compelling. Appreciation of colonial-apartheid depredations may be faint. However, colonial-apartheid harms equate to major world system shocks. Think of natural and ecological disasters, public health crises and material armed conflict. Picture post-1945 Germany. Imagine post-Belgian genocide Congo. Take Rwanda post-genocide. And on, we could continue.

Inevitable calls for justice

Reparative justice scholarship must frame the imperative of global justice. It imagines the world of our dreams. These fit the emerging world system opportunities, including timing inflections, to which I return. The fundamental justice thrust of reparatory scholarship is as eternal, of course, as is unremedied unjust injury. This intellectual, and political, ambition fuels the University of the Free State (UFS) Africa Reparation Hub. Reparatory scholars must prove the historic injury. This is not a tool of attack, discomfiture, or division. It merely grounds the justice claim. Domain scholars must, directly and indirectly, articulate this justice claim. Accordingly, we must cement relationships with both the African Union (AU) and sub-continental multilateral organisations. The Reparation Hub helps formulate AU reparative claims across conceptual, legal, political, and diplomatic realms. The Hub is assembling a Panel of Experts on Africa Reparations Experts (PEAR). The hub is creating a comprehensive Africa reparations information archive and resource repository. Recently, the Hub, Department of Public Law and Faculty of Law hosted their first reparations seminar, with Prof Saleem Badat as leader and Prof Pearl Sithole as discussant. The Hub officially launches in June 2024. The Hub continues its reparatory justice research. Undergraduate and graduate teaching and learning programmes could and should follow, in well-chosen good time, with due protocols.

Building the framework for justice

Reparative scholarship inhabits an ethically and morally attractive moral universe. Subjugation of former colonists, often current neo-colonialists, does not belong there. That would be wrong. Indefensible. What we want is a world defined by justice. There, human security and a sound peace and community among nations are possible. The supplicant status of former colonies must be reversed. The current world order obstructs - effectively precludes - human rights realisation in the post-colony. Post-colonial human rights enjoyment rests not simply on abstractions like freedom, equality, dignity, separation of powers and the rule of law. Intrinsically, these abstractions offer obvious human rights and human dignity value. Less obvious is their contextually defective human rights proposition. That the lofty rhetoric, and ostensible principles, should easily co-exist with endemic violations is strange. Deliberate worldwide human abuses, including war and genocide, especially against dark coloured persons are strange, or should be, strange. One international hegemon was at peace for about fifteen units of its near 250-year life, only. A global power has militarily attacked an estimated 85 to 100 countries, merely between 1945 and 2011.

The archetypal victim is a global South human. This is a poor human rights formula for the mythological exotics, the ones who by general misperception, are deservedly subject races.  African peoples, lawyers and scholars hardly have coherent experiential human rights stories. Such is our history, past and present. That human totality has shared aspirations matters not a jot. That humanity shares the same earth-space community is an incidental and dismissible insight. 

Perforce, the foundation of global South human rights protection is different. Coloniality, or enduring post-colonial colonial relations, must end. Reparation must, among other things, reverse at least those development deficits connected to colonial exploitation. Reparation, in the material form, can restore some extracted economic value. As both end and means, reparation is essential for post-colonial human liberty and fulfilment. Accordingly, decoloniality and reparations inherently drive quality post-colonial human rights outcomes. Instrumentally, decoloniality and reparations enhance global South human rights realisation. Political design imperfections aside, the painfully emerging multipolar global democracy may offer superior human rights actualisation. Life is, in this sense, a gamble. We have no choice on that world architecture gamble. But the geopolitical recalibration, itself, is afoot and assured. So, reparative justice features in a precious trio: decoloniality, reparations and multipolarity. Under this trio lies a vital ontology: validly, dark peoples are indeed human and dark nations are indeed nations. Dark peoples legitimately claim, and truly enjoy, human rights and human dignity. That eminent scholar, Michael Riesman, illustrates acutely. Human rights and human dignity are not myth system. Human rights and human dignity are operational code, reality.

The path to human rights

The forecast multipolar, decolonial and reparative conditions present a signal world system opportunity. The timing seems apt. And the opportunity promises much. The constitutive work is currently underway, as is evidently though murky. The architecture is difficult to imagine, design and assemble. But our dreams are crisp and bright. We want and deserve to inhabit that new world. We, the Africans, have for too long been disposable, forgettable. A world order warm to African, African-descent and post-colonial peoples prizes multipolarity, decoloniality and reparation. Post-colonial human rights fulfilment presupposes this system design principle. The principle fuels African human rights and human dignity. So, its inherent priorities represent the world we want. There, international society defines, or punctuates, itself by human rights as multipolar, decolonial and reparative arrangements. The is the stuff of dreams. A world of dreams. The dreams of our children and their children. I previously claimed that ‘our children are the force behind the waves of history still to come.’ I repeat that claim. Supported by decoloniality, multipolarity and reparation, our descendants can shape human history and human rights. We dare not squander their legacy, not least through corruption and state capture. We want better. We must behave better. Decoloniality, multipolarity and reparative justice promise, and demand, better. Then, post-colonial human rights actualisation might be optimal.        

News Archive

School of Medicine not closing
2009-10-22

There is no immediate threat that the University of the Free State’s (UFS) School of Medicine will be closing.

This was confirmed by Prof. Gert van Zyl, Head of the UFS’s School of Medicine and acting Dean of the Faculty of Health Science, following media reports that Prof. Andries Stulting has indicated in a meeting with other medical schools and parliamentary standing committee members that the School will have to close due to the serious problems in the health sector.

“This discussion should be seen in context. Prof. Stulting, in his capacity as acting Head of the School of Medicine, and on behalf of the School and the Faculty, sent a proactive warning to the Free State Health Department, the Member of the Executive Committee and the Premier of the Free State regarding the long-term consequences of the health crisis. This statement was not interpreted correctly. Everything that Prof. Stulting said has already been included in the position statement that the School released in May 2009. What is urgent, though, is that the problems that were identified at especially Pelonomi Hospital in May this year were still not addressed,” said Prof. Van Zyl.

According to Prof. Van Zyl, problems at Pelonomi Hospital include not enough beds, lack of funding for the health sector in the Free State and in some instances problems with filling vacant positions.

“Some of these problems have already been addressed by the Free State Department of Health. Our training platform includes not only Pelonomi Hospital, but also Universitas Hospital, National Hospital, the Free State Psychiatric Complex and several clinics in the Bloemfontein area. This means that there are other facilities available that function in order to provide appropriate training to undergraduate students. Therefore, training is not in immediate danger and the School will definitely not be closing,” he said.

“New first-year students will start their studies in 2010 and I can assure you that there will be adequate training opportunities to take in and train students. However, we do struggle with a bigger intake as requested by Government. I want to put Prof. Stulting’s remark in context: He referred to postgraduate students and therefore the specialists who are in training,” said Prof. Van Zyl.

According to Prof. Van Zyl the specialists in training is a problem that was discussed with the Free State Health Department – with specific reference to less time in operating theatres and the number of beds at Pelonomi Hospital. “We are of the opinion that, should the Department address this problem as a matter of urgency, there will be no long-term damage to the training of these specialists in training. These are the students that Prof. Stulting was referring to,” he said.

The School received more than 1 500 applications for undergraduate studies in 2010 – all of these applications met the minimum selection requirements for the 140 available places. “Our current undergraduate students are therefore not influenced and they will continue to receive the quality training for which the School is renowned,” he said.

Prof. Jonathan Jansen, Rector and Vice-chancellor of the UFS, is aware of this and he satisfied himself as to the situation when he visited the hospitals in Bloemfontein on Friday, 9 October 2009. The national Minister of Higher Education and Training, Dr Blade Nzimande, was also informed of the School’s concerns when he visited the UFS in September 2009.

Media Release
Issued by: Lacea Loader
Deputy Director: Media Liaison
Tel: 051 401 2584
Cell: 083 645 2454
E-mail: loaderl.stg@mail.uovs.ac.za  

22 October 2009
 

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