Académique Documents
Professionnel Documents
Culture Documents
A Nations Role
in
Victim/Survivor Storytelling
Teresa Phelps
American University, Washington College of Law, USA
ABSTRACT. Victim/survivor stories have become one of the primary means for
conveying human rights abuses. Even as these kinds of stories have captured
our collective imagination, we do not know much about how they operate in a
transitional democracy: whether they are transformative and contribute to the
peacemaking process, or disruptive and can thwart the process. This article
discusses the value of such stories and asks, first, whether an emerging democ-
racy has an ethical obligation to provide spaces for victims and survivors to tell
their stories of the harms that befell them under the former regime.
It concludes that victim/survivor storytelling can assist former victims in finding
and building of voice that enables them to become contributing citizens in the
new country. It enables them to become less alienated from and suspicious of
the state, and to become empowered enough to participate in governance. It is
thus in a countrys best interest to encourage storytelling activities. Second, the
article attempts to provide a framework by which we might recognize different
kinds of stories and begin to distinguish between those that a country should
support and those that it should discourage.
I. INTRODUCTION
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offered no proof of anything needed at the trials (Douglas 2001, 16). Yet
instead of forefronting victims stories, the prosecution strategy chose to
play down the personal testimonies of the surviving victims and instead
to use documents as the primary evidence of guilt (Douglas 2001, 17).5
For the most part, the Nuremberg prosecutors relied on the more than
100,000 captured German documents to prove their case. The accounting,
in this instance, involved little verbal recounting of harms from the victims.
Perhaps sensing that the trials, while giving a reasonably accurate
historical picture of the events, marginalized the experiences of the vic-
tims, Hartley Shawcross, the British chief prosecutor, dedicated much of
his summation to personalizing the catastrophe. He quoted from the
affidavit of Hermann Grbe, a German engineer who had headed a con-
struction firm working in the Ukraine. Grbe had witnessed Aktionen
against the Jewish people. Shawcross read what Grbe recounted:
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The train full of deportees had crossed the Hungarian frontier and on
Polish territory had been taken in charge by the Gestapo. There it had
stopped. The Jews had to get out and climb into lorries. The lorries
drove toward a forest. The Jews were made to get out. They were made
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to dig huge graves. And when they finished their work, the Gestapo
began theirs. Without passion, without haste, they slaughtered their
prisoners. Each one had to go up to the hole and present his neck.
Babies were thrown into the air and machine gunners used them for
targets. This was in the forest of Galicia, near Kolomaye (1960, 15).
Moch was present among these prisoners, but he was mistaken for dead
and managed to escape, securing refuge in Jewish houses, telling his story,
determined to return to Sighet to warn its inhabitants. Once he arrived back
in Sighet late in 1942, however, no one believed him; in fact, no one even
wanted to listen to him. His story was just too preposterous and the Jewish
inhabitants of Sighet, seeing how strange he was, took him for a madman.
It was true: Moch was changed, no longer prayerful and joyous, constantly
speaking of God and the cabbala. He was obsessive and only wanted to tell
his story of the slaughter of those earlier expelled. In 1942 and 1943, it was
still possible for the Jews of Sighet to emigrate, but not believing Moch,
they felt no need. In 1944, the Germans arrived. On the seventh day of
Passover, they arrested the Jewish leaders. The rest is history.
There is a reason, of course, why Wiesel begins his memoir with the
tale of Moch, the Beadle. The book itself, Night, is a similar cautionary
tale, and we readers are immediately alerted to the danger of not listening,
of failing to recognize and act upon the story of another, in this case the
young Wiesel. These first pages begin to cultivate the ideal reader, you
and me, who will not refuse to listen as did the doomed citizens of Sighet.
Personal stories, like Moches and Wiesels in Night, can alert us to danger
and compel us to action that may save us.
Another Holocaust survivor, Primo Levi, begins his final book,
The Drowned and the Saved, with a similar story about not listening but with
a different intent. In this heartbreaking book, Levi writes of a nightmare
common among those who had survived the concentration camps:
Strangely enough, this same thought (even if we were to tell it, we would
not be believed) arose in the form of nocturnal dreams produced by the
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Levi uses this ubiquitous nightmare to buttress his argument in The Drowned
and the Saved that telling the story of the Holocaust is necessary not merely
for the psychic well-being of the survivors. Nor is it only important because,
like Moche the Beadles story, it alerts us to imminent danger. The telling
of the victims stories is a political necessity as well: the telling of the
stories helps to defeat the Nazis, who thought that no one would survive
to tell, or if some stories were told, they would not be believed. Telling
the story is a form of political action; to be silent becomes a form of col-
laboration. Yet telling alone will not suffice: there must be an engaged and
responsive interlocutor. In both Wiesels and Levis examples, a story is
compellingly told, but the listener fails to comprehend, to acknowledge, to
act. To fail to listen may not only be fatal, it may also be collaboration. It
allows tragic things to happen as in Wiesels Night; it leads to a refusal to
acknowledge and act as in Levis The Drowned and the Saved.
But the story of the Holocaust is a difficult story to tell and, even more,
a difficult one to hear. When Theodor Adorno wrote (his often misquoted
and misunderstood dictum) that To write poetry after Auschwitz is bar-
baric (Nach Auschwitz ein Gedicht zu schreiben ist barbarisch [1967,
19]), he gave us a glimpse of his core belief: the event of the Holocaust
informs us that humanism has failed to avert barbarism. The world after
Auschwitz is a fractured universe in which the promise of the Enlighten-
ment has been shown to be a fraud. Our usual means of doing culture,
having failed, must be re-examined. In light of the Holocaust (or perhaps,
better, in the shadow of it), how do we do science? How do we write what
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accurately said, beggar description.7 Having laid bare the end result, the
museum reverts to a chronology: the Nazi rise to power (top floor, Nazi
Assault 1933 to 1939); the evolution of Nazi policy toward the Jews,
from the oppression of the Nuremberg Laws to the camps and gas cham-
bers (middle floor, The Final Solution 1940-1945); the liberation of the
camps and the Allied victory (first floor, The Last Chapter). On the middle
floor, one actually enters a simulated concentration camp containing bar-
racks from Auschwitz; at the midpoint of the museum, one enters a
railcar used to transport Jews to the camps. It is difficult, if not impossible,
to be Levis indifferent interlocutor who walks away.8 In fact, a point is
made throughout the museum about the harm caused by bystanders
those who did not actually collaborate with the Nazis, but neither did they
protest their activities nor aid persecuted Jews. Getting to tell the story is
not enough if the hearers are bystanders. Knowing the story demands
response, requires action.
The United States Holocaust Memorial Museum, and the many other
holocaust museums that exist around the world, have been emulated by
other post-conflict societies that have built similar museums as narratives:
The South African Apartheid Museum at Freedom Park in Johannesburg,
the Liberation War Museum in Dhaka, Bangladesh, the Museum of Free
Derry in Northern Ireland are some examples. All of these are largely
private enterprises9, with perhaps some state involvement, but certainly
not state initiation or sponsorship. The state passively permits the story-
telling, but does not actively initiate it or support it.
A notable and innovative use of personal narratives to expose human
rights abuses of the past that is usually state-initiated, sponsored, and
funded has more recently appeared in the form of truth reports. A late
twentieth century phenomenon, truth reports are written by truth com-
missions that are established by transitional democracies in the wake of
internal oppression and violence. The commissions, usually created by
presidential decree or legislative ruling, are charged with writing a report
about human rights abuses in a circumscribed past. The commissions
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and respond? Who will acknowledge that a harm befell the storyteller?
Such storytelling can become the nightmare version of Levis holocaust
survivor, whose story of pain falls on deaf and unwilling ears. If such a
scenario is possible, even likely, that many victims of harm are compelled
to remain silent for lack of space or opportunity, should a transitional
democracy step into the breach and provide opportunities for storytelling?
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stories (the Nuremberg trials) and even exclude the victims entirely.
They reveal a legal truth something that convinces a judge or jury, but
may or may not parallel what a victim actually experienced. An abstract
kind of justice might be served in which the harm is named and a per-
petrator punished, but after a regime in which many, many human rights
abuses occurred, many victims do not receive even this kind of justice,
which largely serves the state itself; many perpetrators go unpunished and
many victims stories go untold and unheard. But if the means for dis-
covering the truth is more open-ended and expansive, as in, for example,
the South African Truth Commission hearings, it can allow for more than
forensic truth, in that the truth revealed is personal and social and can be
dialogic.
My focus, therefore, is not on a legal requirement that nations have to
discover the truth11, which can be realized in perfunctory as well as profound
ways. My focus is on attempting to discover whether nations might have an
ethical responsibility to provide dedicated space in which victims stories can
be heard and acknowledged. Their stories, under the proper circumstances,
can yield a four-fold truth that moves from being merely factual to being
restorative, and may even contribute to the rebuilding of the country. Nations
clearly do not have a legal obligation to discover the truth in this complicated
manner. But should there be another kind of obligation, one that I am calling
an ethical responsibility? I am substituting the word responsibility for the
word obligation because I want to emphasize its relationship to response,
as in how one (or a nation) responds to a story of harm.
In his recent book Critical Resistance: From Poststructuralism to Post-Critique,
David Couzens Hoy defines critical resistance as resistance to domination
that is not reactionary but emancipatory. I will return to the idea of critical
resistance later, but for now I want to focus on Hoys definition of ethics in
the context of critical resistance as an unenforceable obligation (2004, 149).
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The country should play a role in assisting its citizens in finding the voice
that was silenced by terror and oppression by providing official venues
in which they can tell their stories, in their own words, without manipula-
tion, about what happened to them and their loved ones.
But merely having voice is not enough, just merely responding with
sympathy is not enough. People must also have a vocabulary in which they
can state their harms. Victims must not only be heard and recognized, they
must also be provided with a means of stating their harms if they are to be
transformed from victims into participating citizens. Jean-Franois Lyotard
defines victimhood in this way: It is in the nature of a victim not to be
able to prove that one has been done a wrong. One becomes a victim
[] when no presentation is possible of the wrong he or she says he or
she has suffered (1988, 8). In perhaps his most important book, The
Differend: Phrases in Dispute, Lyotard discusses how language can give rise
to injustice. A differend occurs when parties conflict, but the means of
judging the conflict belongs to the discourse of just one of them. A
victims harm cannot be represented in the ruling discourse. The victim
has no power to present the wrong either because of silencing, or
because the wrong cannot be presented in the hegemonic language.
[T]he perfect crime [] consist[s] in obtaining the silence of the wit-
nesses, the deafness of the judges, and the inconsistency (insanity) of the
testimony (Lyotard 1988, 8). It represents an ultimate powerlessness:
the regulation of the conflict [is] in the idiom of one of the parties
while the wrong suffered by the other is not signified in that idiom
(1988, 9). Victims of apartheid in South Africa, for example, had no legal
language in which they could express the harm done to them by that
system. Everything was perfectly lawful. The language of law offered
them no recourse. Any attempt at a legal claim was insane. Telling a
personal story, however, of being forcibly moved from ones home to
an outlying township, as occurred to the residents of District Six in
Cape Town (narrated by the District Six Museum), provides a lexicon.
A personal story opens the way to understanding that transcends the
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some, perhaps many, of its citizens have been degraded by torture and
imprisonment; many citizens have been deprived of rights. Victims of this
kind of mistreatment see themselves as insulted and degraded, denied
recognition, subject to a form of behavior which does not represent an
injustice solely because it constrains the subjects of their freedom for
action or does them harm. Rather, such behavior is injurious because it
impairs those persons in their positive understanding of self an under-
standing acquired by intersubjective means (Honneth 1994, 249).
People without a positive understanding of self cannot contribute to
building a peaceful society: they do not trust the state and they will not
engage in political life. They will resist any participation in community
building.
Because trust and engagement are necessary conditions for a just
society, a state must find a way to gain the trust and to engage its formerly
powerless citizens, to build their voice to create a positive right to speak
that contributes to a positive understanding of self. Using Amartya Sens
groundbreaking capabilities approach, with some elaboration from the
work of Martha Nussbaum, we can elevate the right to speak from a
negative liberty to a capability by which we can measure a countrys well-
being. Sens capabilities approach eschews the narrow view of human
beings taken by much economic theorizing that focuses on what people
have (their possessions) rather than what they are (their selfhood [1985,
4]). Sen argues that the well-being of a country should not be measured
by economic factors alone, such as average income or gross domestic
product. Instead, we should look to individuals capabilities. Capabilities
are substantive freedoms (as opposed to utilities and primary goods)
that enable one to choose a valuable life, to pursue ones own objectives
(1999, 74). Sens theory is based on a view of living as a combination of
various doings and beings (functionings) that include both elemen-
tary ones, such as being adequately nourished or free from disease, and
also more complex functionings, such achieving self-respect, being
socially integrated, and being able to take part in the life of a community.
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The capacity to act, to make things happen, follows from the capability to
speak: I did it; I am the one who did it (2007, 19, italics original). In the third
place is the capacity to tell, to tell stories about ones life. To a large
extent, what we call personal identity is linked to this capacity and may be
characterized as narrative identity (2007, 19). Thus storytelling, speaking
about ones life, particularly speaking about times in ones life when one
was silenced, oppressed, and harmed manifests a capability that is an
essential part of a broader and richer sense of what it means to be human.
In addition, the self-recognition that can result from storytelling makes a
person accountable: to I can is added I can hold myself as account-
able. Forming a narrative about ones life enables one to be accountable
to oneself and others. According to Ricoeur, It adds the ability to bear
the consequences of ones own acts (2007, 20).
The freedom to speak, the negative freedom in which a state says it
will not prevent people from speaking, allows for self-recognition, but in
an isolated, atomistic way. For freedom and flourishing, more than self-
assertion is required: mutual recognition is necessary. Self-recognition
(I can, I am able, I speak) lays the foundation for mutual recognition
(I recognize transformed to I am recognized), as a connecting link
between capabilities and rights. Every utterance of I speak requires, as
Ricoeur puts it, an ear to receive it (2007, 18). People are not only
personally accountable, they are accountable to each other. Dedicated
public space for storytelling gives formerly disempowered people a way
to speak about harms of the past and serves as a form of state acknowl-
edgment that these harms occurred. It can also provide encouragement
of critical resistance, emancipatory speaking, to counter the domination
of the potentially oppressive state.
Rights and just institutions are the ways that we become mutually
accountable; peoples capabilities are mutually recognized, respected, and
supported. To achieve a society characterized by mutual recognition, a
state must act in a positive way; it must create the institutional spaces that
support mutual recognition. Because mutual recognition requires engaged
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interlocutors, the state also must create institutions that act in response
to the stories that are told.
After violence and oppression, a state is legally obliged to end the
violence and oppression, to honour basic human rights. But to work
toward building a just and peaceful society, a state should do more to
create a robust, vocal, participatory citizenry. By supporting a variety of
venues truth commissions, theatre, memory groups, museums, and any-
thing else that provides space for personal narratives a state can help
its citizens find and build voice that can make change possible.
Yet, if nations have an ethical responsibility to provide opportuni-
ties and venues for victim storytelling, not only to remedy the past but
also to work toward building a peaceful future, any old storytelling will
not do. Both tellers and listeners have some additional responsibilities.
We should be haunted by the spectre of Levis indifferent, unlistening
interlocutor. If we invite victims to tell their stories, we must also be will-
ing to respond. At the same time, if victims tell their stories, they should
be encouraged to leave space for understanding and dialogue. Ethical
storytelling should have three aspects: participation, in which the victims
participate in the process of creating the historical memory and in build-
ing the new country; mutual recognition, in which those who have suf-
fered on opposing sides of the violence can hear and acknowledge the
other; and deliberation, in which common citizens, policymakers, and
nation-builders can speak together, think about the past, and together
build a new future. If any of these three aspects is missing participation,
mutual recognition, and deliberation then the storytelling activities fall
short of leading to positive change.
Let me provide two examples of storytelling activities that I think
fall near the opposite ends of this spectrum. The first The Quilts of
Belfast represents storytelling that makes mutual recognition difficult
and fails to make space for deliberation. The quilts relate a story of past
violence, but do not connect in any positive way to a new future. The
quilt stories have the potentiality for reifying the past, rather than using
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the past as a way to understand and transform the future. The second
the District Six Museum in Cape Town, South Africa represents
museum space that tells a tragic story of past oppression, but uses the
space and the narrative to create a better future. Neither of these endeav-
ours is state-sponsored, yet I discuss them, from among many possibili-
ties, to provide models for what a state can do.
This is a brief excerpt from a journal I kept the summer I was researching
the diverse storytelling/memory projects that were taking place in North-
ern Ireland. At first, as my journal shows, I was quite taken by the quilts
and felt they represented a partial answer to the question I was doggedly
pursuing: Could narratives, in all their diverse forms, in some way replace
violence? In these quilts, I saw an exciting example of storytelling through
art replacing violent conflict. Each patch told a brief story of a loved
one killed in the conflict and the stories were pieced together (quite liter-
ally) into these beautiful art objects, the quilts, which captured the painful
memories of the past. Northern Ireland, in 2004 and since, is replete with
storytelling projects and many people there are fully committed to finding
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District Six was a vibrant mixed community in Cape Town, South Africa,
that was originally populated by freed slaves, merchants, immigrants, and
others black, coloured, white all the various racial designations of apart-
heid South Africa. In 1901, the blacks were displaced; in 1966 the area was
officially declared white under the National Partys Group Areas Act of
1950. Consequently, over 60,000 people were forcibly moved to Cape Flats,
a barren outlying township. Most of the homes and structures were razed.
The District Six Museum, housed in a church, one of the few struc-
tures that was not destroyed after 1966, chronicles this oppression. But it
also chronicles the vibrant life that existed in District Six prior to the
forced removal. Many of the exhibits are the results of archaeological digs
that have unearthed the original residents personal belongings. The Dis-
trict Six Museum is described as a living memorial and [] more than
just a static display. Through this space we have created an arena, which
enables us to reaffirm our identity, celebrate our heritage, and confront
the complexities of our history.14
In many ways, the District Six Museum is as much movement as
museum. The museums website reveals a wealth of activities connected
to the future of South Africa: advocating for social justice, creating a
space for contemplation of and reflection on the past, facilitating differ-
ent interpretations of the past through its collections, exhibitions, and
educational programmes, opening up debate about the future of South
Africa, participating in the remaking of Cape Town, and involving former
District Six and other Cape Town citizens in their evolving role in the
future of their country. The people participate in the making of the history
of District Six and the apartheid state, they recognize competing versions
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of that history, and they engage in deliberation about the future. With their
personal stories as the foundation, the formerly dispossessed can offer
both participation in and critical resistance to the emerging state.
VI. CONCLUSION
WORKS CITED
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Mndez, Juan E. 1998. The Right to Truth. In Reining in Impunity for International Crimes
and Serious Violations of Fundamental Human Rights: Proceedings of the Siracusa Conference
17-21 September 1998. Nouvelles tudes Pnales, edited by Christopher C. Joyner,
255-278. Toulouse: Ers.
Minow, Martha. 1998. Between Vengeance and Forgiveness: Facing History After Genocide and
Mass Violence. Boston, MA: Beacon.
Nussbaum, Martha. 2003. Capabilities as Fundamental Entitlements: Sen and Social
Justice. Feminist Economics 9:2-3.
Peter, Julie Stone. 2005. Literature, the Rights of Man, and Narratives of Atrocity:
Historical Backgrounds to the Culture of Testimony. Yale Journal of Law & the
Humanities 17:249-278.
Phelps, Teresa. 2004. Shattered Voices: Language, Violence, and the Work of Truth Commissions.
Philadelphia, PA: University of Pennsylvania Press.
Ricoeur, Paul. 2007. Capabilities and Rights. In Transforming Unjust Structures: The Capa-
bility Approach. Edited by Severin Deneulin, Mathias Nebel and Nicholas Sagovsky,
17-26. Dordrecht: Springer.
Ricoeur, Paul. 1984. Time and Narrative, Vols. 1-3. Chicago: University of Chicago Press.
Sanders, Mark. 2007. Ambiguities of Witnessing; Law and Literature in the Time of a Truth
Commission. Stanford, CA: Stanford University Press.
Schaffer, Kay and Sidonie Smith. 2004. Human Rights and Narrated Lives: The Ethics of
Recognition. New York: Palgrave MacMillan.
Sen, Amartya. 1985. Commodities and Capabilities. Oxford: Elsevier Science Publishers.
Sen, Amartya. 1999. Development As Freedom. New York: Random House.
Truth and Reconciliation Commission. 1998-2003. Truth and Reconciliation Commission of
South Africa Report, 7 vols. Cape Town: TRC.
Wiesel, Elie. 1960. Night. New York: Avon.
NOTES
1. I use a broad definition of narrative that encompasses anything that tells a story. It need
not even be language, per se; it can be pictorial as a photography exhibit, or visual and experien-
tial as a museum. Not all photography exhibits and museums are narratives, of course, but those
that tell a story of the past are included as narrative here.
2. For example, God Grew Tired of Us by John Bul Dau, one of the lost boys of the Sudan. It
was a bestselling book and a widely viewed film, which won the 2006 Sundance Film Festival Grand
Jury Prize and Audience Award in the Independent Film Competition: Documentary Category. The
book and film spawned the John Dau Foundation that provides healthcare to the South Sudan.
3. Discourse about rights had existed, of course, since at least the eighteenth century, in
which it became the primary means of asserting political claims. The Enlightenment claim was
that humans had rights that were independent of the sovereign, but there was no real consensus
as to what these rights were. See Julie Stone Peters (2005).
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4. First was the Universal Declaration on Human Rights (UDHR) that was adopted by the
United Nations General Assembly on December 10, 1948. The UDHR in turn gave rise to numer-
ous other human rights instruments.
5. The decision to forego using victims stories was a controversial one. The using docu-
ments side won the strategy argument largely because the prosecution team feared that the actual
witnesses credibility could be undermined on cross-examination. And the Germans had conve-
niently amassed thousands of documents.
6. Even this moving narrative, however, is not a victim/survivor story in that it is not told
by a survivor but by a person twice removed: Shawcross telling Grbes account of what he had
seen the victims do.
7. These words are quoted on the wall of this part of the Holocaust Museum.
8. The Apartheid Museum in Johannesburg, South Africa, is similarly designed. A visitor is
given an identity card with just the word Blanc or Non-Blanc (white or non-white in Afri-
kaans). One enters by one of two doors, depending on what card one has. I went with a friend
and we received different designations. After we entered through separate doors, we continued
to be separated by fencing along a long walkway into the museum. It seemed at first that we would
not be able to go through the museum together; my own psychological reaction to such arbitrary
separation was tellingly appropriate to prepare me to experience the story of apartheid (separate-
ness). I became necessarily more engaged in the story that was to unfold in the museum.
9. The United States Holocaust Museum was chartered by a unanimous act of Congress in
1980. The land adjacent to the National Mall was donated by the government, but all funds for
planning, constructing, and equipping the museum came from private donations, as required by law.
10. In this seminal 1998 article, Mndez describes the legal obligation to investigate the truth
as an emerging principle. The United Nations Human Rights Council (UNHRC) more recently
(April 20, 2005) passed (without a vote) Resolution 2006/66 entitled The Right to Truth, which
did not establish a legal obligation but instead said that the UNHRC recognizes the importance
of respecting and ensuring the right to truth so as to contribute to ending impunity and to pro-
mote and protect human rights.
11. Nations actually have four responsibilities under customary law: (i) to investigate and
make facts public (truth); (ii) to prosecute and punish perpetrators (justice); (iii) to make amends
for damage (reparations); and (iv) to remove from the security forces those known to have com-
mitted, ordered or tolerated abuses (Mndez 1998, 263). While this article discusses only the first
responsibility, truth, it acknowledges that the other obligations are likewise critical for peacebuilding.
12. The United Nations Universal Declaration of Human Rights states in Article 19 that
everyone has the right of freedom of opinion and expression.
13. There are numerous instance of storytelling helping to change the law. One striking example
from American law involves the laws surrounding domestic violence. The laws and practices of the
legal system (police, prosecutors, and judges) offered little help to women who were victims of domes-
tic violence until the 1970s when dramatic changes occurred. These changes, in part at least, were
catalyzed by the appearance of books in which women who were victims of domestic violence told
their stories, broke the silence, and dismantled the mythology surrounding domestic violence.
14. Words of Vincent Kolbe, an ex-resident of District Six and a museum trustee.
http://www.districtsix.co.za/frames.htm [accessed: September 10, 2010].
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