Social restitution: tool and actions to rehumanise and transform injustice

Abstract

Restitution has predominantly been described as a legal rather than a social action in international law, as well as in South Africa's history of truth, reconciliation and redress policies after the end of apartheid. Introducing the concept of 'social restitution' this paper argues for a reimagined and wider understanding of restitution to address the need for social justice in the spaces between the law court and individual acts of charity, and between policies for redress and personal antipathy against these. Social restitution can be defined as intentional voluntary actions and attitudes developed through dialogue based on a sense of moral obligation aimed at addressing the damage done to individuals and communities by unjust actions and legacies of the past. Drawing on international debates about and understandings of the meaning of restitution, social restitution is shown to be both continuous with legal restitution and distinguished from it through its voluntary nature, its potential to be forward looking rather than punitive, generative rather than accusatory, and offering everyday opportunities to bridge the gap between 'knowing' about injustice and 'acting' to repair it. Following this discussion, the latter part of the paper outlines the need for new categories of actors in contexts of injustice beyond those of victim, perpetrator and bystander (the Hilberg triangle of actors), introducing the ideas of beneficiaries and resisters; argues for the potential social restitution has as a mechanism for rehumanising all actors; and offers recommendations for how engaged action-oriented dialogues might contribute to achieving this aim, while noting the limits and dangers of dialogue. It draws on an empirical study on the meaning and actions of restitution conducted with black and white adult South Africans in making some of its arguments.