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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

SRC visits the US as part of Global Leadership Preparation Programme
2012-06-07

The Student Representative Councils (SRC) of the University of the Free State’s (UFS) Bloemfontein and Qwaqwa Campuses will be travelling to the United States from 10-24 June 2012 on an intensive leadership development programme.

The Global Leadership Preparation Programme, initiated by the Vice-Chancellor and Rector, Prof. Jonathan Jansen, has been designed to ensure that South Africa’s next generation of leaders understand their unique place in a global context, the interconnectedness of global and local society and various possibilities for change.
 
The group of 36 students will be visiting Washington DC, Boston and New York.
 
“As a university we recognise that students who lead on campus must be prepared to also lead the country, which requires amongst others greater understanding of the impact and influence of global developments (social, economic, political) on nation states and campuses. This includes knowledge to deepen democratic participation and real representation – issues we know that often are contested in important student governance structures such as SRCs,” says Mr Rudi Buys, Dean of Student Affairs.
 
The group will be studying among others the impact, influence and limits of the United Nations in global leadership; the impact of transnational companies on economic policies of African countries; the impact of American universities on African leadership; the impact of international philanthropy on African development and the impact of American public institutions on learning among the disadvantaged: lessons for South Africa.
 
The programme complements and strengthens other leadership preparation programmes of the UFS, such as the Leadership for Change Programme and the Gateway College Programme – an intensive orientation programme for all undergraduate students. It will give students a competitive advantage in leadership over more local programmes and initiatives that seldom look beyond the campus, or even beyond the country, in preparing the next generation of leadership.
 
“We value this initiative by the university leadership to give us the opportunity to explore and spread our wings and gather as much knowledge as we can get to raise the bar in terms of student governance and leadership. The university is amongst the few in the country that sees the need to strengthen and develop its student leadership by exposing it and allowing it to understand its role in a global context. This is a chance that we take seriously and we intend to use it to the betterment of the institution,” says Bongani Ngcanga, President of the Central SRC.
 
“While we welcomed the initiative taken by the university to design this programme, the SRC questioned and debated heavily on the merits and real contribution of such a programme. Only on approval of the academic and development profile of the programme did we accept its merits and now are excited about the value thereof. This opportunity goes beyond the term of the SRC and will develop and equip us for the great positions we will hold in the future. I am looking forward to meeting influential lobbyists, profound academics and strong politicians,” says Richard Chemaly, SRC President of the Bloemfontein Campus.
 
Upon their return, the SRCs will set a new benchmark for future councils, raising the bar to that of internationally acclaimed student leadership. One of the objectives of the programme is to produce written, reflective statements about the learning that resulted from the trip and to start dialogues in order to improve student governance and governance as a whole. Workshops will also be presented for aspirant student leaders on leadership lessons learnt from an international perspective.
 
Members of the SRCs are covering part in the cost of the programme and generous contributions have also been received from outside the university.

Media Release
07 June 2012
Issued by: Lacea Loader
Director: Strategic Communication
Tel: +27(0)51 401 2584
Cell: +27(0)83 645 2454
E-mail: news@ufs.ac.za

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