Dissertations / Theses on the topic 'Human rights, justice, and ethical issues'

My aim is to demonstrate that professionals perceive they have a right to refuse to provide their services and are currently acting accordingly. This thesis explores whether a professional right to refuse services exists; if so, the limits of this right; and whether a professional 'right' to refuse services ought to exist and in what circumstances. This requires analysis of whether refusals to provide professional services might be considered unethical conduct according to existing codes of ethics and moral theories, unprofessional conduct within the norms of professional regulatory and disciplinary bodies, or illegal conduct according to Canadian law, in particular, human rights law. The issues are examined primarily with reference to physicians who treat patients and some comparisons are made with physician clinical researchers and lawyers. The shift from a duty-based system of professional service to a rights-based system of professional privileges has led to conflicting goals of professional self-regulation, and some possible resolutions to this conflict are explored.

The meaning that Justice has after a conflict in a society might vary regarding the political development and cultural and shared values of a certain society.

Rawls, in his Theory of Justice gives his idea of what justice is and presents two principles of justice that he argues are required to live in a good society: a first principle that secures equal rights and liberties for all individuals and a second egalitarian principle that restrains the consequences of economic inequalities within societies. He also introduces the concept of “overlapping consensus” which I will use regarding the idea of Reconciliation, at the end of this paper.

In the cases presented in this paper (i.e. Argentina and South Africa), essential human rights were violated, therefore wrongdoers made the society unjust.

The aim of this thesis is to elucidate the conditions that are necessary to re-establish justice when a society goes through a conflict. I will introduce some ideas concerning that issue: ideas of retribution, reparation and reconciliation. These are seen as different paths for several countries when trying to tackle to the matter of achieving justice.

In my view, this question can be answered appealing first to an intuitive conception of moral justice that may exist at an individual and collective level, as well.

The ethical dilemmas both levels have are in relation to the harm done, punishments and how to balance them, limiting, for instance, the punishment in order to accomplish a just and a better society. I will also present how shared values can result from a process of reconciliation, which is considered as the ideal alternative to achieve justice.

However, when the equilibrium between members of a community is broken, some people claim that punishment can restore that lost equilibrium that existed before in the community.

Nevertheless, peace, reconciliation and justice cannot be constructed under the basis of silence. One way to keep memory alive is to let survivors, for instance, narrate what they have lived through; telling stories also creates a new space to share with others their experiences, revealing their fears and emotions. Regarding this theme, I will present the NUNCA MAS (Never Again) report, which is fundamental as it gives some testimonies, facts and proposals that will help to reach a consensus and therefore, future reconciliations.

Why is important to achieve justice? Because then members of a certain community will be able to interact in the present with common shared values and thus, deal with the past.

Not to consider reconciliation as one important step to achieve justice, and only think in terms of punishment, instead of giving way to peace and justice, could perhaps promote the possibility of further conflicts. To consider both punishment and reconciliation might just be one possible blueprint in the long and difficult way of searching for a just society.

This thesis is concerned with determining whether South African mental health law and its application in practice is in need of reform. In order to reach its objectives, the thesis measures mental health legislation and criminal law that affect the mentally ill individual or offender against international and local human rights standards, and generally accepted principles and scientific principles applicable in the mental health profession. Particular focus is placed on the admission of a mentally ill person as a voluntary, assisted or involuntary mental health care user, State Patient or mentally disordered prisoner in terms of the Mental Health Care Act 17 of 2002 (?MHCA?), as well a critical review of the MHCA forms used to translate the Act?s provisions into practice. The thesis critically discusses the regulation of mental health care practitioners in terms of the Health Professions Act 56 of 1974, including psychology and psychiatry and the expert witness, and the new Traditional Health Practitioners Act 22 of 2007 and its regulations. An outline of the role of the National Health Act 61 of 2003 in the administration of the health system is provided.The thesis analyses the manners in which mental health affects criminal liability, and Chapter 13 of the Criminal Procedure Act 51 of 1977. Finally a desktop study into the current state of mental health care provision and the implementation of legislation in practice is conducted, followed by conclusions and recommendations for reform to legislation, policy, and the MHCA forms where anomalies have been identified.
Thesis (LLD)--University of Pretoria, 2016.
Public Law
LLD
Unrestricted

The purpose of this study is to seek to an answer to the question of what constitutes a tenable model for global ethics. This is done in part by a critical engagement with four different models of global ethics; two proposals from political philosophy and two contributions from theological ethics. The models analyzed in the study are: (1) the capabilities approach as developed by Martha Nussbaum, (2) Seyla Benhabib’s discourse ethics and model of cosmopolitan federalism, (3) David Hollenbach’s model of the common good and human rights, and (4) the model for responsibility ethics and theological humanism as developed by William Schweiker. These models contain different understandings of global justice, human rights, and sustainable development. The study works with six primary problems: (1) Which are the main moral problems associated with different processes of globalization? (2) What should be the response to these problems, in the form of a normative ethical model? (3) What is the relation between global ethics and universalism? (4) What kind of institutional vision for the international arena does a tenable global ethic promote? (5) Given the human diversity and global pluralism, what would be a reasonable view of the human being included in a global ethic? (6) What kind of ethical theory is sustainable for global ethical reflection? These questions also form the basis for the analysis of the models. The study uses a set of criteria in order to assess the answers that the models offer for these questions. These criteria also constitute the framework within which the author’s contribution to the discussion of global ethics is phrased. The criteria are founded on an idea of what characterizes global ethical reflection. The contention is that a tenable global ethic should be relevant, and it should also be related to a reasonable view of human beings and a plausible ethical theory. Together these support the criterion of communicability, which argues that a global ethic should above all be communicable, i.e. capable of enabling cross-cultural communication. A central argument which this study makes is that a kind of ethical contextualism is more reasonable than an epistemological universalism.

Research problem: This research focused on the following problem statement: What management strategies can be developed and used to advance effective social justice practice in schools? Research aims: Arising from the problem question, the research aims were firstly to determine theoretically, the nature of social justice (Chapter Two) and secondly to identify and analyse theoretically, the determinants that contribute to social justice practices (Chapter Three). This was done by means of a comprehensive literature review. The third aim was to qualitatively analyse effective social justice praxis in selected schools in the North-West and Western Cape Provinces (Chapter Four and Five). From the analysis and literature review, management strategies for effective social justice practice in schools (Chapter Six) were developed as part of the empirical investigation. Research methodology: The empirical investigation realised the third aim, to analyse qualitatively effective social justice praxis in selected schools by means of individual and focus group interviews which were based on the philosophical paradigm of a constructivist-grounded theory and a hermeneutic, phenomenological methodology that enabled me to listen and be part of the discursive portrayals of the participant-principals’ effective social justice praxis. The qualitative data collection and methodology entailed considerations with regard to ethical conduct between myself and the role-players, i.e. the researcher, the Ethics Committee (NWU Faculty of Education Sciences), the role of departmental officials, the role of participant principals, and documentation used. Attention was paid to determine the target population, participant and sample selection from the North-West and Western Cape provinces in accordance with predetermined criteria. These criteria were, inter alia, that these principals would: have a proven track record to demonstrate an understanding of the concept of justice and social justice; would adhere to and implement legal determinants of social justice praxis with regard to the constitutional values and human rights; provide proven evidence of social justice praxis as equality, human dignity and freedom; implement political imperatives such as the Manifesto on Values, Education for All; acknowledge the need for fair distribution and educational transformation; provide a moral basis for recognition, identity formation and social justice praxis; apply a deliberative democratic praxis; promote accountability, school achievement, and as prospective and transformative leaders believe in and practice an embracing social justice. The researcher prepared the necessary documentation, the interview protocol and interview schedule to enter the field, as well as entering the field of research (principals at schools and district offices) to conduct and record the interviews which she afterwards transcribed. The method of qualitative data analysis included three phases: Phase I that considered the first hearing-reading, Atlas.ti™ dry-run and initial code-lists; Phase II, the translation processes, and Phase III, the abstraction and crystallisation processes. The criteria for soundness were established in the account of authentic validity and credibility of the study. The collected qualitative data was analysed by means of the Atlas.ti™ software programme as a result of which seven themes and three sub-themes for each theme emerged. These themes were the principal and social justice praxis, learners, education in general, constitutional values, educational partners, the government and political establishments, and social justice: its ontology and praxis. Development of management strategies: Education is about understanding and this study presented those management strategies that culminated in answers to the fundamental question: “What management strategies can be developed and used to advance effective social justice practice in schools?” The development of management strategies are the result of the literature review and the empirical investigation. The strategy development process consisted of a three-phase strategy framework: strategy planning (aims and objectives), strategy implementation (action plan and persons), and strategy evaluation. From this process, seven aims were developed in accordance with the seven identified themes: the principal, the learners, education in general, Constitutional values, partners in education, government, political and union matters, and the ontology and praxis of social justice. These management strategies include inter alia: • Optimising the school principal’s virtues of responsibility, authenticity and presence as gemeinschaft (community) relationships to ensure effective social justice praxis (§5.2). • Inculcate a disciplined school environment for learners to embrace human diversity and dignity, democracy, and Ubuntu-principles (§5.3) to optimise effective social justice praxis. • Influence education in general - system and structures - to optimise effective social justice praxis (§5.4). • Foster constitutional values and human rights as effective social justice praxis (§5.5). • Establish a social justice culture amongst educational partners who are essential to school development and governance to optimise effective social justice praxis (§5.6). • Convince government and union officials and influence political matters to serve the best interest of the child (§5.7) to ensure social justice praxis. • Actualise management strategies for social justice praxis that epitomise compassion, love, care and human rights in a participative and respectful environment (§5.8). • These management strategies were described as techniques or aims, objectives and action steps to provide answers to the questions where and how, which determined on which level or levels these strategies were to be performed. Main findings: • At a conceptual and a theoretical level: Conceptually and theoretically this study established, for the first time, specific determinants of social justice praxis (Chapters Two and Three) and its management. This contribution is found in the syntheses that followed each conceptual discussion of justice (§2.2.7) and social justice (§2.3.4), as well as the syntheses and evaluation of these determinants (§3.2-§3.4) for social justice praxis. These determinants may be regarded as an attempt at purified, cleansed theorising with respect to social justice praxis. This study found that social justice does exist in the hearts of the principals who took part in this study and that social justice belongs to all learners, to all of humanity, whoever they are or whatever their circumstances may be. Social justice is, essentially, embodied and lived love-in-practice towards all. However, the effectiveness of social justice praxis is usually determined by pragmatic circumstances that dictate the scale and scope of its efficacy. This study found that social justice praxis in schools should deviate from a mere legalistic or juridical notion because it progressed beyond the conceptual boundaries and theoretical limits of juristic thinking towards an attempt at linking social justice praxis to a humanising pedagogy. As a consequence, social justice in this research cuts across all man-made barriers: it has become a prospective notion that reflects its restorative and transformational nature and role. • At a strategic level: Strategically, this research found that the possibility of various cycles of action research in schools as well as in higher education institutions exists. The seven themes could be viewed in isolation, but if regarded, as found in this research, as seven levels that build upon each other and whose strengths or weaknesses are interdependent, it becomes self-evident that social justice forms the basis of cohesive and holistic social justice praxis. The seven strategies (§5.2-§5.8) developed in this research may, in future, inform research and praxis in schools and higher learning institutions in order to confirm or refute the theory presented herewith. • At policy-making level: This study has implications for policy design and management development, not only at basic education level, but also at national level. This study found that social justice specifically, has neither adequately, nor officially been addressed in relevant policies. If policy amendments were to be made and management strategies for social justice praxis in schools become an essential part of national policy, it will have implications at the level of further professional development of school principals, such as the current ACE School Leadership Programme. In addition, teachers’ in-service professional development will have to include these management strategies in the offering of short courses. Furthermore curriculum changes will have to follow to incorporate pre-service or initial training programmes of Higher Education institutions that offer teacher training programmes which may have a snowball effect at provincial and school curricula levels. Another important finding of this research is that, in future, the binding agent amongst schools may yet prove to be social justice and not geo-social and/or socio-economic markers, as is the case at present. In this manner social justice may become a lived curriculum that will permeate the entire education system in South Africa, but more so, will permeate the school culture of every school. Recommendations: A management strategy for effective social justice praxis in schools should be developed at national level but specifically to schools should be tailor-made for each school, because social justice praxis becomes visible in the acts of individual men and women, girls and boys, who regard the other as equally well as the self and therefore the following recommendations are important: • Continuous professional development of principals and teachers. • The right to education and its praxis to ensure the best interest of the child should be incorporated in the Life Orientation curriculum. • Have a collective vision of schools that truly strive, cherish and inculcate a pedagogy of social justice praxis to ensure that education is life-generating, life engendering, causing life or life awakening (onderwys is lewe wek). • Fairness as a moral construct should be visible in institutions where values of fairness, equality and social justice permeate the institution and provide a moral and structural frame for judgements based on the principle of fiduciary trust. • Schools should become community hubs as centrifugal force that embraces views on African culture, Ubuntu principles and Indigenous Knowledge Systems. • Create district-wide power teams that will train teachers in positive conduct as well as assist and provide interventions. • Principals and teachers have to take responsibility and agency for social justice pedagogy.
Thesis (Ph.D. (Education Management))--North-West University, Potchefstroom Campus, 2013

Within the Latin American state Constitutions, is the establishment of prior consultation for theindigenous peoples legitimate? Does it represent away of imposition of the minority rights in front ofthe majority rights? Does it implies a power of vetoover the state decisions?In this article, the author answers the aforementioned questions, as he assays an ethical and legal foundation for the establishment of the mechanism of free, prior and informed consultation, one that goes beyond its national and international recognition.
Dentro de las Constituciones de América Latina,¿es legítimo el establecimiento de la consulta previa a los pueblos indígenas? ¿Supone una imposición de los derechos de las minorías frente a losderechos de las mayorías? ¿Implica un poder de veto de las decisiones estatales?En este artículo, el autor responde a estas inte- rrogantes mientras ensaya un fundamento jurídico y ético para el establecimiento del mecanismo de la consulta previa, libre e informada, que vaya más allá de su reconocimiento nacional e internacional.

Федіна Н.В. Сучасне розуміння справедливості в діяльності органів внутрішніх справ: теоретико-правове дослідження: дисертація на здобуття наукового ступеня кандидата юридичних наук за спеціальністю 12.00.01 – теорія та історія держави і права; історія політичних і правових учень / Федіна Наталія Василівна. – Львів: Львівський державний університет внутрішніх справ, 2014. - 203 с.
У дисертації здійснено теоретико-правове дослідження сучасного розуміння справедливості в діяльності органів внутрішніх справ. Розкрито історико-правові аспекти ідеї справедливості як основоположної складової прав людини. Проаналізовано поняття, зміст, форми і види справедливості, а також такі її прояви, як свобода та рівність. Узагальнено основні наукові концепції справедливості в теорії держави і права. Здійснено сутнісний аналіз діяльності органів внутрішніх справ як особливої юридичної практики. Досліджено професіоналізм працівника ОВС як чинник забезпечення справедливості у правоохоронній діяльності. Висвітлено значення етичних норм, моральної культури та правової культури як чинника реалізації принципу справедливості в діяльності органів внутрішніх справ у сфері захисту прав людини. The theoretical and legal investigation of the contemporary understanding of justice in the activities of the police has been conducted in the thesis. The historic and legal aspects of the idea of justice as a fundamental constituent of human laws have been disclosed. The concepts, contents, forms and kinds of justice, and its manifestations such as liberty and equality have been analyzed. Summarizes the main concepts of justice in theory of state and law. The author made a substantive analysis of police as a special legal practice. She has investigated the professionalism of policemen as a factor in ensuring fairness in law enforcement, has highlighted the value of ethical standards, moral culture and legal culture as a factor of the principle of fairness in the work of the Interior for the protection of human laws.

The desire to enhance and make ourselves better is not a new one and it has continued to intrigue throughout the ages. Individuals have continued to seek ways to improve and enhance their well-being for example through nutrition, physical exercise, education and so on. Crucial to this improvement of their well-being is improving their ability to remember. Hence, people interested in improving their well-being, are often interested in memory as well. The rationale being that memory is crucial to our well-being. The desire to improve one’s memory then is almost certainly as old as the desire to improve one’s well-being. Traditionally, people have used different means in an attempt to enhance their memories: for example in learning through storytelling, studying, and apprenticeship. In remembering through practices like mnemonics, repetition, singing, and drumming. In retaining, storing and consolidating memories through nutrition and stimulants like coffee to help keep awake; and by external aids like notepads and computers. In forgetting through rituals and rites. Recent scientific advances in biotechnology, nanotechnology, molecular biology, neuroscience, and information technologies, present a wide variety of technologies to enhance many different aspects of human functioning. Thus, some commentators have identified human enhancement as central and one of the most fascinating subject in bioethics in the last two decades. Within, this period, most of the commentators have addressed the Ethical, Social, Legal and Policy (ESLP) issues in human enhancements as a whole as opposed to specific enhancements. However, this is problematic and recently various commentators have found this to be deficient and called for a contextualized case-by-case analysis to human enhancements for example genetic enhancement, moral enhancement, and in my case memory enhancement (ME). The rationale being that the reasons for accepting/rejecting a particular enhancement vary depending on the enhancement itself. Given this enormous variation, moral and legal generalizations about all enhancement processes and technologies are unwise and they should instead be evaluated individually. Taking this as a point of departure, this research will focus specifically on making a case for ME and in doing so assessing the ESLP implications arising from ME. My analysis will draw on the already existing literature for and against enhancement, especially in part two of this thesis; but it will be novel in providing a much more in-depth analysis of ME. From this perspective, I will contribute to the ME debate through two reviews that address the question how we enhance the memory, and through four original papers discussed in part three of this thesis, where I examine and evaluate critically specific ESLP issues that arise with the use of ME. In the conclusion, I will amalgamate all my contribution to the ME debate and suggest the future direction for the ME debate.

У роботі на основі проведеного наукового дослідження визначино правовий аспект генотехнологічної системи клонування людини, проаналізувано сучасний правовий режим дотримання генотехнолоічної безпеки на міжнародному та національному рівнях окремих країн, а також створено пропозиції з удосконалення та оптимізації міжнародного правового регулювання сфери клонування людини. Автором узагальнено цілі та завдання міжнародно-правового та національного регулювання клонування людини та її частин; запропоновано оптимізацію міжнародно-правового регулювання шляхом розробки Конвенції з питань клонування людини та її частин. Удосконалено підхід щодо віднесення права на клонування людини та її частин до прав людини четвертого покоління; наукове обґрунтування концепцій правового статусу ембріону; концепцію необхідності посилення криміналізації репродуктивного клонування; процедуру проведення генотехнологічних експериментів шляхом встановлення законних цілей та обов’язкового контролю. Обгрунтовується необхідність перегляду заходів кримінальної відповідальності та розробки механізму притягнення до неї у разі порушень; утворення окремого органу у рамках ООН для контролю за дотриманням міжнародних правових актів.

MMed,Bioethics and Health Law, Faculty of Health Sciences, University of the Witwatersrand
Access to sufficient water is a constitutionally recognized right in the Republic of South Africa as well as being a Universal Human Right. Despite this however, the world wide population numbers are ever growing and water is known to be finite. The Constitution’s Bill of Rights gives South African citizens the right to reproductive choices. South Africa is a water stressed country, with three forces feeding into availability of freshwater, namely; climate change, demographic factors, and policies. Currently, the problem of accessing safe freshwater is under question. This is presents a problem as the Constitution also addresses the right to a healthy environment. Uncontrolled population growth is detrimental to environmental integrity. It is arguable as to whether it is possible to conserve the environment, and at the same time realize human reproductive rights as envisioned in the Constitution. In this research report I reflect on the state of water and environmental resources in view of the right to procreate. I suggest that environmental education could play a major role in finding “the right balance”.

Summaries in English and Afrikaans
The aim of this thesis is to search for an "ethical" interpretation of equality. Although the current South African approach of "substantive" equality is better than mere "formal" equality, I fear that even substantive equality will again deny or reduce difference. An "ethical" interpretation of equality is a way of interpretation that radically acknowledges difference and otherness. I argue for an ethical interpretation of equality as an alternative to substantive and formal equality. The intersection between public space, equality and justice is essential to such an ethical interpretation. An ethical interpretation of equality requires that present South African visions of public space must be reconstructed and transformed continuously. This means that an ethical interpretation of equality rejects finality and closure in respect of public space. The visions of public space and perspectives of equality that I support are alert to difference and otherness. My understanding of justice is that it is never fully achieved in the present. Justice functions as a future orientated ideal. The "ethical" in an ethical interpretation of equality reflects an awareness of the limits of any present system to encompass equality and justice completely. Visions of public space, perspectives on equality and landscapes of justice (the features of the ethical intersection) form the main sections of the thesis. I discuss the South African Truth and Reconciliation Commission (TRC) as a manifestation of the ethical intersection between public space, equality and justice. The TRC was an outstanding example of reconstruction and transformation of public space. It was a public space where each and every individual was treated equally while concrete contexts, specific circumstances and difference were taken into account. The TRC as event was inspired by the ideal of justice. The value of the TRC as a manifestation of the ethical intersection is the profound effect it may have on our interpretation of equality by demonstrating the limits of the substantive approach.
Die doel van hierdie proefskrif is om ondersoek in te stel na 'n "etiese" interpretasie van gelykheid. Alhoewel die huidige Suid-Afrikaanse benadering van "substantiewe" gelykheid beter is as blote formele gelykheid, vrees ek dat selfs substantiewe gelykheid weereens verskil sal ontken of gering skat. 'n "Etiese" interpretasie van gelykheid is 'n manier van interpretasie wat radikaal kennis neem van verskil en andersheid. Ek argumenteer vir 'n etiese interpretasie van gelykheid as 'n alternatief tot substantiewe en formele gelykheid. Die interseksie tuseen publieke spasie, gelykheid en geregtigheid is noodsaaklik vir so 'n etiese interpretasie. 'n Etiese interpretasie van gelykheid vereis dat huidige Suid-Afrikaanse visies van publieke spasie aanhoudend gerekonstrueer en getransformeer moet word. Dit beteken dat 'n etiese interpretasie van gelykheid finaliteit en geslotenheid met betrekking tot publieke spasie verwerp. Die visies van publieke spasie en perspektiewe op gelykheid wat ek ondersteun is gevoelig vir verskil en andersheid. Ek verstaan geregtigheid as nooit volkome bereikbaar in die teenswoordige nie. Geregtigheid tree op as 'n toekomsgerigte ideaal. Die "etiese" in 'n etiese interpretasie van gelykheid weerspieel 'n bewustheid van die onvermoe van enige teenswoordige sisteem om gelykheid en geregtigheid volledig te omvat. Visies van publieke spasie, perspektiewe op gelykheid en landskappe van geregtigheid (die eienskappe van die etiese interseksie) vorm die hoofafdelings van die proefskrif. Ek bespreek die Suid-Afrikaanse Waarheids-en Versoeningskommissie (WVK) as 'n manifestasie van die etiese interseksie tussen publieke spasie, gelykheid en geregtigheid. Die WVK was 'n uitstaande voorbeeld van die rekonstruksie en transformasie van publieke spasie. Dit was 'n publieke spasie waar elke individu gelyk behandel is terwyl konkrete kontekste, spesifieke omstandighede en verskil in ag geneem is. Die WVK as 'n gebeurtenis is ge'lnspireer deur die ideaal van geregtigheid. Die waarde van die WVK as 'n manifestasie van die etiese interseksie is die diepgaande effek wat dit op ons interpretasie van gelykheid kan he deur die beperkings van die teenswoordige substantiewe benadering uit te wys.
Constitutional, International and Indigenous Law
LL.D.

This paper demonstrates how the Cantonese language can simultaneously serve as a threat to the Beijing government and a counter-hegemonic articulation of Hong Kong protesters against the Beijing government by applying the theory of hegemony and the method of critical discourse analysis to Hong Kong newspapers during the Umbrella Movement. Focusing on how the Cantonese language is used to communicate messages of protest leads to a more thorough understanding of the significance of the language in a Hong Kong identity context.Thus, while Cantonese plays a larger role in the Umbrella Movement protests than scholars give credit for,newspaper discourse also plays a large part in obscuring the connection between Cantonese and the protests. By addressing four research questions regarding Cantonese, I conclude that the three studied newspapers largely conceal the Cantonese discourse in relation to the Umbrella Movement protests. However, when Cantonese is discussed it is mainly along the lines of the political affiliation of the newspaper. Though some newspapers do hint at the counter-hegemonic abilities of Cantonese, this aspect is often undervalued and underappreciated. Likewise, when Cantonese issues are brought up they often converge with issues of national identity, but in a manner to downplay the Cantonese identity.As such, Wen Wei Po makes no effort to detail a Cantonese nation, but instead uses the concept of “Zhong hua min zu” (Chinese nation/Chinese race) to negate any differentiation. Meanwhile, Apple Daily and the South China Morning Post do insinuate the differences of Cantonese and Hong Kong, but keep the dialogue firmly within the “one country, two systems” setup to avoid angering Beijing. The analysis reveals that while newspapers sometimes use the voice of Hong Kong Cantonese,this generally takes place through a small amount of direct quotations and images of signs rather than a large-scale showcasing of the Cantonese identity and Cantonese vernacular.

This study is an attempt to critique the South African Truth and Reconciliation Commission from a theological ethical perspective. The central critique and argument of this study will be that, it is impossible to reconcile the dispossessor and the dispossessed or the oppressor and oppressed in the way the South African TRC did. As such, it will be befitting to start off this study which explores some of the noticeable lessons and challenges emerging from the South African Truth and Reconciliation Commission (hereafter, the TRC) by elucidating that this study is an attempt to contribute to the on-going discussions on reconciliation. It is also vital to mention up front that this study attempts to contribute to the discussion on reconciliation which seeks to remove injustice at the root. It contributes to a discussion of the weeds of alienation and fragmentation, and it stands in contrast to the frequent use of reconciliation merely to reach some political accommodation and not to address the critical questions of justice, equality and dignity (Boesak & DeYoung 2012). It is also befitting to point out that two central themes – political pietism and Christian quietism – form the backdrop to this study (Boesak & DeYoung 2012). The study contends that reconciliation in South Africa was used merely to reach some political accommodation and did not address the three critical questions of justice, equality and dignity. These arrangements perpetually favour the rich and powerful but deprive the powerless of justice and dignity. Hitherto, this reconciliation is presented as if it does respond to the need for genuine reconciliation and employs a language that sounds like the truth, but it is in fact deceitful – and this we call political pietism. It is also vital to mention that “reconciliation” is a Christian concept, and as such, Christians’ measure matters of reconciliation with the yardstick of the gospel and therefore should know better. However, as it will be shown in this study, when Christians in South Africa discovered that the TRC was not really promoting reconciliation, they became complicit in a deceitful reconciliation. This may have been for reasons of self-protection, fear or a desire for acceptance by the powers that govern the world. Whichever way one looks at it, they tried to seek to accommodate the situation, to justify it and to refuse to run the risk of challenge and prophetic truth telling. As a result, they denied the demands of the gospel and refused solidarity with the powerless and oppressed. This is called Christian quietism (Boesak & DeYoung 2012:1). This study in its attempt to critique the South Africa TRC from a theological ethical perspective will point out that, the TRC which was obviously the product of the negotiated settlement needs to be understood against the background of the global struggle of particularly Third-World countries which were resisting authoritarian regimes put in place by the West for the benefit of the West. As such, this study will point out how the West, in their attempt to keep a grip on the Third-World countries – particularly on their resources – had to recommend and promote their notion of democracy. Democracy became the only option for Third-World countries as a result of the fall of the Soviet Union. It must, however, be mentioned that the problem is not democracy but the manifestation thereof under capitalism. This is because the notion of democracy was recommended to Third-World countries when capitalism was becoming global. As such, this presented some contradictions because democracy emphasizes joint interests, equality and common loyalties whilst capitalism is based on self-seeking inequality and conflicting individual and group interest (Terriblanche 2002). This means that a transition to democracy (especially constitutional democracy) means that the former oppressor or dispossessor will hold on to economic power. As such, the sudden interest of both the NP and the corporate sector in South Africa to a transition to democracy needs to be understood against this background. This study will argue and demonstrate how the ANC was outsmarted during the negotiations in that, at the formal negotiations, the ANC won political power whilst the NP/corporate sector in South Africa won economic power. This is mentioned to here to point out that both the elite compromise reached at the formal and informal negotiations and the influence of the Latin-American truth commissions led to the inability or unwillingness of the TRC to uncover the truth about systemic exploitation. As such, this study will argue and demonstrate that, on the one hand, reconciliation was not added to the truth commission for the purpose of confronting the country with the demands of the gospel and, on the other hand, the TRC was set up (from its inception) for failure.
Philosophy, Practical and Systematic Theology
D.Th. (Theological Ethics)