These frameworks were developed in order to address the economic, social and cultural rights and to ensure that they do not exist again. This essay compares and contrasts these two different models of reconciliation movement applied in the two countries and their uniqueness in adapting and dealing with particular situational context. The fundamental understanding of this essay is that it advances more knowledge in combining both the South Africa model and the Australian model in their approach of delivering justice. South African Truth and Reconciliation Commission The South African TRC main aim was not to punish with imprisonment or death the violators of human rights but to employ a restorative and system of justice this was a system of justice that seeks to return the situation to the way it was before the atrocities were committed by the use of public hearings (Gade, 2013). This system largely includes reparation, restitution of property, and restitution of cultural property, historical commission and apologies and it is strongly believed to have been influenced by Nelson Mandela who was then the president. Nelson Mandela wanted a reconciliation that is true to the harsh situation in South Africa that binds the wounds of the country by building trust and confidence to the people (Tutu, 1999). Mandela also wanted a united South Africa united as one country, one nation and one people marching together towards a common goal in future. The most important goal of South Africans was to have a unified country out of two groups of people that were least distrustful of each other since any attempt to punish the perpetrators of the terrible atrocities would have been counterproductive. The blacks and the whites in South Africa had strong negative feelings that had developed from each other over the years due to worst inhuman treatment. It was clear that both sides of the divide used violence hence harming innocent people in their attempts to have their way and therefore all sides were responsible to the atrocities done in the country (Stein, 2004). Of these several truth commissions, the South Africa’s truth and justice commission is arguably the best-developed example of all that have existed in the world due to its unique context (Worden, 1997). Just like any other models, the South African system also had several faults but its strengths are believed to have outweighed its faults making it among the best reconciliation commissions in the world (Gunstone, 2005). Strengths of South African TRC The TRC in South Africa had its emphasis, focus and detail on victims and their relatives thereby enabling them to get first-hand information on the atrocities hence making it very exhaustive in its findings (Geoffrey, 2003). They looked into the horrible crimes and established everything about them by searching for the real victims who suffered such crimes by allowing them and giving them adequate time to tell all their stories. The hearings were conducted every day and involved people in leadership positions as well as the local people in villages without any leadership position enabling them to cover a large number of people (Worden, 1997). Desmond Tutu one of the architects of South Africa’s TRC is on record saying that there is no future without forgiveness and this gave them a strong foundation in coming up with credible report (Tutu, 1999). Many of those who came to the hearings attested afterwards that they had found relief and
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