Ubuntu as the African Perspective on Restorative Justice. An African Perspective on Truth and Reconciliation Commissions with Focus on the South African Commission

      Аннотация: This research investigated what the TRC approach is and why the TRC is warmly embraced in Africa. It found out that an aspect of the African culture and its traditional dispute resolution system play roles in the seeming positive disposition towards the TRC approach. It concluded that the concept of Ubuntu, which finds expression in different nomenclatures in many African ethnic groups, influences the need to channel more energy to achieving reconciliation by healing wounds, focusing on societal cohesion while placing the communal good above individual benefits. Ubuntu lays a foundation for the adoption of the restorative approach to justice in Africa. Conclusively, Ubuntu is a cherished African value that other parts of the planet could adopt, develop and emulate. However, the vital role of politicians in Africa in ensuring peaceful coexistence and the proper implementation of recommendations given in final reports must equally be underscored. It is therefore hoped that African leaders, foreign interests and other stakeholders will not only apply the clearly beneficial TRC approach to dispute resolution but endeavour to apply it in a proactive prevention of conflicts in Africa.

Ключевые слова: Africa, Ubuntu, Dispute Resolution, culture, Restorative Justice, Truth and Reconciliation Commission, retributive justice