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Time for accountability
8 International law
Under Article 2(3) of the International Covenant on Civil and Political Rights, states
are obliged to ensure that victims of human rights violations have the right to an
effective remedy. Article 7 of the African Charter on Human and Peoples’ Rights
provides similarly that every person has the right to appeal to competent national
bodies against violations of their internationally recognized human rights.
The rights of victims of human rights violations to redress and reparation are
elaborated in more detail in the UN Declaration of Basic Principles of Justice for
Victims of Crime and Abuse of Power,31 and the UN Basic Principles and Guidelines
on the Right to a Remedy and Reparation for Victims of Gross Violations of
International Human Rights Law and Serious Violations of International Humanitarian
Law.32
The 1993 World Conference on Human Rights, in the Vienna Declaration and
Programme of Action, expressed concern at impunity of perpetrators of human rights
violations, and called on states to abrogate legislation leading to impunity for those
responsible for grave violations of human rights such as torture and to prosecute such
violations, thereby providing a firm basis for the rule of law.33
The Updated Set of principles for the protection and promotion of human rights
through action to combat impunity,34 reflecting recent developments in international
law and practice including international jurisprudence and state practice, was issued
in February 2005. The principles were developed following a study by an independent
expert appointed by the UN Secretary-General at the request of the UN Commission
on Human Rights, and were based on information supplied by governments and
consultation with experts. The principles, while not legally binding in themselves,
reflect and comply with relevant legal standards and provide guidelines to assist states
in developing effective measures for combating impunity. According to the principles,
states must, in particular, undertake investigations of human rights violations and
take measures against the perpetrators, particularly in the area of criminal justice, by
ensuring that those responsible are brought to justice. Where human rights violations
constitute crimes under international law, states are prohibited from providing
amnesties, pardons or similar measures which prevent the emergence of the truth, a
final judicial determination of guilt or innocence, and full reparation for the victims.
At the regional level, the Constitutive Act of the African Union, Articles 3(h) and 4(o),
expressly condemn and reject impunity. Zimbabwe is a member of the African Union
(AU) and has subscribed to the AU Constitutive Act.
Amnesty International
AI Index: AFR 46/028/2008
Select target paragraph3
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