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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

Relief for baby and child care at the UFS with donation from Fuchs Foundation
2007-11-17

 

At the launch of the Beds of Hope campaign were, from the left: Dr Riaan Els, Chief Executive Officer of the Carl en Emily Fuchs Foundation, Prof. André Venter (Head of the Department of Paediatrics and Child Care), Ms Corné Booyens (National Grants Manager at the Carl en Emily Fuchs Foundation), Dr Nick van Zyl (Clinical Head at Universitas Hospital), and Prof. Niel Viljoen (Chief Director: Operations).
Photo: Leonie Bolleurs

Relief for baby and child care at the UFS with donation from Fuchs Foundation

The Department of Paediatrics and Child Health at the University of the Free State (UFS) has received relief for their need of specialised healthcare for babies and children with a donation of R1,5 million from the Carl and Emily Fuchs Foundation.

As a result of this, the Beds of Hope campaign was launched today on the Main Campus in Bloemfontein. With the campaign, the department wants to address the serious need for specialised healthcare for babies and children in the central regions of South Africa.

The department is one of four out of 19 children hospitals in South Africa to receive such a donation. .

“We take care of babies and children in the Universitas and Pelonomi Hospitals in Bloemfontein who have a serious need for specialised healthcare. We are, however, the only supplier of this kind of care in the Free State, North West, Eastern Cape and Lesotho and are responsible for the specialised healthcare of more than 100 000 children. Many of our equipment are outdated and must be urgently repaired or replaced,” said Prof. André Venter, Head of the Department of Paediatrics and Child Care at the UFS.

“Because we are concerned about our patients, the department launched the Beds of Hope campaign with the help of the donation we received from the Fuchs Foundation. With the campaign, we aim to raise some R15 million in the space of two years to purchase beds and specialised equipment for the intensive care and high care units for both hospitals,” said Prof. Venter.
According to Prof. Venter, this includes babies and children with needs for specialised healthcare in the fields of intensive care, oncology, cardiology, neurology, endocrinology, gastro-enterology, neonatology and infectious diseases.

“About ten children are currently not receiving the care they need due to the lack of beds in the intensive care unit. Much more neonates can annually receive critical care if we can supply adequate facilities,” said Prof. Venter.

The other hospitals that are also supported by the Fuchs Foundation’s donation are: Healing Jozi Kids, Boikanyo Foundation and the Groote Schuur Hospital’s neonatal department.

The donation is the beginning of the first phase of the national Fuchs Healing Kids Project, which aims to improve the quality of paediatric care in South Africa.

The aim of this phase is to assist the hospitals to develop the systems and skills needed to collect more money. The research part of phase two and the building up of the hospitals’ children trust funds to be self self-supporting, will happen simultaneously. This phase will be launched early in 2008.

Media Release
Issued by: Lacea Loader
Assistant Director: Media Liaison
Tel: 051 401 2584
Cell: 083 645 2454
E-mail: loaderl.stg@ufs.ac.za  
16 November 2007
 

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