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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

UFS is the most integrated campus in the country
2010-01-29

 
 Judge Ian van der Merwe, Chairperson of the University of the Free State's (UFS) Council and Prof. Jonathan Jansen, Rector and Vice-Chancellor of the UFS at the official opening ceremony.
Photo: Hannes Pieterse

“The University of the Free State’s (UFS) Main Campus is the most integrated campus in the country.”

This was said by Prof. Jonathan Jansen, Rector and Vice-Chancellor of the UFS during the university’s official opening on its Main Campus in Bloemfontein today.

Addressing staff and students, Prof. Jansen said that the first-year students in the majority of the residences are now fully integrated on a 50/50 basis. “The majority of our house committees are now also integrated,” he said.

He used the ladies residence Welwitschia as an example. “When I walked into to this residence last year it consisted only of black female students. When I visited them again this year I could not believe what I saw: the residence is fully integrated and there are white and black students living together. This is an example of our young people’s willingness to live together and we must believe in their potential,” he said.

Prof. Jansen said that the UFS does not want to be good because “good is the enemy of great” (from Jim Collins in his book Good to Great). “We want to be great. This is the year in which our staff and students’ lives will change and this university will change as we take the first steps in making the leap from good to great,” he said.

Prof. Jansen said that there have been many developments at the UFS so far this year. “We have attracted some of the best scholars in the country and other parts of the world to this university, and we will be selecting from among them in the next two weeks. We have also attracted some of the best athletes in the country in our first-year class, including some of the best hockey players,” he said.

Prof. Jansen outlined the following as his priorities for 2010:

  • The phasing in of compulsory class attendance as a way to drastically improve the quality of teaching at the UFS. “This will also enhance our throughput. However, before we can to this, we are going to accelerate the building of larger classrooms to accommodate all our students,” he said.
  • The appointment of a senior vice-rector in the near future, who will manage the day to day operations of the UFS;
  • To market the UFS to the best and most promising schools in South Africa. “This will start next week when I will be visiting schools in the Eastern Cape.”
  • To raise R100 million to enable more students with talent to study at the UFS, and to build an endowment to be proud of for the future of the university;
  • To upgrade the infrastructure in the residences;
  • To require every member of the university’s academic staff to publish every year;
  • To train administrative and support staff so that a world-class service culture can be created which takes every student, every parent and every staff member seriously; and
  • To insist that the conditions of service of staff working for agencies outside the UFS be improved by increasing the minimum remuneration dramatically and by making study benefits available to them as well. “We will not renew our tenders with outside agencies unless they raise the minimum wage of their staff,” he said.

Prof. Jansen said that he was extremely proud of the Student Representative Council’s (SRC) leadership and what they have achieved so far during their term. He also thanked the staff for their hard work and the excellence they bring to the UFS.
 

Media release
Issued by: Lacea Loader
Director: Strategic Communication (actg)
Tel: 051 401 2584
Cell: 083 645 2454
E-mail: loaderl@ufs.ac.za  
29 January 2010
 

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