Suid-Afrika, Maleisie en post skikkingsgeweld : konstitusionele wysigings as oplossing vir geweld?

[摘要] This study undertakes to look at the relationship between peace agreements and theviolence that follows these agreements. Throughout modern history, there areexamples of peace agreements between two warring internal factions that ended inpost-conflict violence and in extreme cases, to the end of the peace agreement. Itdoes not necessarily lead to full out war, but can manifest in riots, like Malaysia andcriminal violence in South Africa. This study attempts to compare both South Africaand Malaysia by looking specifically at the reasons for post conflict violence. SouthAfrica has faced a growing problem with violent crime after the negotiations of theearly 1990's and its result, the new constitution of 1993, that functioned as the peaceagreement. Malaysia moved through several constitutions to arrive at theirconstitution of 1957 that which viewed as their constitutional agreement. Thisconstitutional agreement went to great lengths to protect the sons of the soil, thebumiputra. The uneasy peace only lasted until 1969, when race riots followed thegeneral elections and left hundreds dead or injured.By studying South Africa and Malaysia and looking at the underlying factors ofviolence, with special focus on ethnic factors and especially poverty, can we movecloser to the underlying causes of post conflict violence. Malaysia tried to addressthese problems by making constitutional amendments, following the 1969 riots.These amendments were implemented in 1972. Since then the problem of postconflict violence has been addressed to some extent. There are however, still factorsof violence that have not been completely eradicated, that might lead to a flaring ofviolence again one day. The question that this thesis tries to address in the end is, ifwe need to consider and implement constitutional amendments, like Malaysia, toaddress our growing problem of post conflict violence. I attempt here to answer thisquestion, comparing the histories of South Africa and Malaysia and the underlyingfactors of violence to see exactly how similar these states are and if the samesolution can work for both.

[发布机构] Stellenbosch University