“The Right to Know doctrine should be informed by the right to speak and the right to be freedom after
speaking”.
Right to Justice (Chaired by Hon. Innocent Gonese)
The group noted that the right to justice is about having all people being treated before the law. The
right to justice should not only involve retributive justice, but also restorative justice. The group also
noted that state institutions should be stronger and impartial to discharge their duties effectively. It
was also noted that in pursuing the right to justice, there is need to enhance administrative justice in
terms of processes and procedures that should be respected. It is critical to deal with the culture of
impunity. It was noted that there must be political will. The protection of eyewitnesses was pointed
out as a key issue. The right to a fair trial was also outlined as one key issue under the right to
justice.
Guarantees of non-recurrence (Chaired by Rev. Useni Sibanda)
The group observed that the perpetrators of the violence are still in power and it makes it difficult
for them to be accountable. This makes guarantee of non-recurrence a challenge in Zimbabwe. The
group learnt that at independence, Zimbabwe did not transform, but it inherited the colonial
structures of violence. therefore, there is need to start working with the grassroots to understand
what communities want to promote sustainable peace. In pursuing a realistic TJ process, there is
need to promote the Spirit of Ubuntu and addressing social and economic injustices (including
unemployment). There is also need promote the role of traditional leaders as custodians of
societies, building resilience, facilitating history writing projects and developing a variety of
complementary human security policies.
Right to Reparations (Chaired by Ms. Rutendo Zinyemba)
The group observed that the right to reparations should be viewed in three lenses including
restitution, compensation and rehabilitation. For the right to be enjoyed, there is need to
develop a guiding policy on reparations. However, challenges are likely faced in monetising the
injuries caused. Communal developmental reparations may also be undertaken besides monetary
payments. The group also agreed that the War Victims Compensation Fund is an example of a
reparations policy framework. In addition, there is need to consider what justice means to victims to
be accurate on the kind of reparations expected by the victims in different contexts. The group
advocated for communal reparations in certain instances. It was also agreed that Zimbabwe should
maximise on promoting the right to reparations by using available documented evidence.
Critical Reflections on the Hard Choices for Zimbabwe (Otto Saki)
Reflections by Otto Saki detailed various issues that should be taken into consideration when
developing a TJ policy for Zimbabwe. The details centred on what should be included in the intended
TJ Framework. Some of the reflections critical to the policy were that;
•
•
•
Remedies are affected by different time and horizons. Therefore, remedies suggested or
prescribed must be sensitive to time and spaces. What are the parameters of the policy on TJ?
Funding questions must address whether it will be coming from domestic or international
sources. In case of international sources, the discussion could be a foreign policy discourse
drawing from the colonial violations
There must be a careful sequencing of events and remedies (what comes first and following)?
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