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25 April 2024 Photo Supplied
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 Council approves a new Language Policy
2016-03-11

The Council of the University of the Free State (UFS) approved a new Language Policy with an overwhelming majority during its meeting held on the Qwaqwa Campus today (11 March 2016).

In the newly approved policy, the university commits to embed and enable a language-rich environment committed to multilingualism, with particular attention to Afrikaans, Sesotho, isiZulu, and other languages represented on the three campuses situated in Bloemfontein and Qwaqwa.

Based on the core values of inclusivity and multilingualism, the following principles in the newly approved policy were approved by the Council:

  1. English will be the primary medium of instruction at undergraduate and postgraduate level on the three campuses situated in Bloemfontein and Qwaqwa.
  2. Multilingualism will be supported among other activities by an expanded tutorial system especially designed for first-year students.
  3. In particular professional programmes such as teacher education and the training of students in Theology who wish to enter the ministry in traditional Afrikaans speaking churches, where there is clear market need, the parallel medium English-Afrikaans and Sesotho/Zulu continues. This arrangement must not undermine the values of inclusivity and diversity endorse by the UFS.
  4. The primary formal language of the university administration will be English with sufficient flexibility for the eventual practice of multilingualism across the university.
  5. Formal student life interactions would be in English, while multilingualism is encouraged in all social interactions.

“This is a major step forward for the UFS. I commend Council for their constructive and positive manner in which the discussion took place,” says Judge Ian van der Merwe, Chairperson of the UFS Council.

The university furthermore committed in the newly approved policy to:

  1. Ensuring that language is not a barrier to equity of access, opportunity and success in academic programmes or in access to university administration.
  2. Promoting the provision of academic literacy, especially in English, for all undergraduate students.
  3. Ensuring that language is not used or perceived as a tool for social exclusion of staff and/or students on any of its campuses.
  4. Promoting a pragmatic learning and administrative environment committed to and accommodative of linguistic diversity within the regional, national and international environments in which the UFS operates.       
  5. Contributing to the development of Sesotho and isiZulu as higher education language within the context of the needs of the university’s different campuses.
  6. The continuous development of Afrikaans as an academic language.
  7. Recognising and promoting South African Sign Language and Braille.

Today’s approval of a new policy comes after a mandate was given to the university management on 5 June 2015 by Council to conduct a review of the institutional Language Policy through a comprehensive process of consultation with all university stakeholders. A Language Committee was subsequently established by the University Management Committee (UMC) to undertake a comprehensive review of the parallel-medium policy, which was approved by Council on 6 June 2003. The committee also had to make recommendations on the way forward with respect to the university's Language Policy. During its meeting on 4 December 2015, Council adopted guidelines from the report of the Language Committee regarding the development of a new policy for the university.

The newly approved Language Policy will be phased in as from January 2017 according to an Implementation Plan.

Released by:
Lacea Loader (Director: Communication and Brand Management)
Email: news@ufs.ac.za

Related articles:

http://www.ufs.ac.za/templates/news-archive-item?news=6567 (26 November 2015)
http://www.ufs.ac.za/templates/news-archive-item?news=6540 (28 October 2015)
http://www.ufs.ac.za/templates/news-archive-item?news=6521 (20 October 2015)
http://www.ufs.ac.za/templates/news-archive-item?news=6469 (30 August 2015)
http://www.ufs.ac.za/templates/news-archive-item?news=6444 (25 August 2015)

 
Released by:
Lacea Loader (Director: Communication and Brand Management)
Telephone: +27(0)51 401 2584 | +27(0)83 645 2454
Email: news@ufs.ac.za | loaderl@ufs.ac.za
Fax: +27(0)51 444 6393

 

 


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