During previous consultative meetings, officials from the Attorney General’s Office indicated that they are reluctant to define terms in the Act which are also in the Constitution but which are not defined in the Constitution for fear of offending the Constitution. There are two ways of addressing the concerns of AG’s office. Firstly, it is always safe to resort to the definition of terms as accepted in international law. The NPRC is one of the independent commissions established by the constitution to support and entrench human rights.1 Most of the terms that are proposed here are terms that are already known in international law. Section 46 (1) (c) of the Constitution requires the recognition of international law in the interpretation of the bill of rights. A rights based approach to defining terms in the NPRC Bill that is in harmony with international law is certainly in harmony with the Constitution. Secondly, there is always a disclaimer that usually comes in the interpretation section. The disclaimer reads, “In this Act, unless the context otherwise indicates…” This disclaimer will take care of the fears that the Constitution will be offended by the definition of terms that it uses which it does not define. Defining such terms in the Act by the legislature rather help realise the spirit and ideals of the constitution. It is the role of the Act to define in specific terms, that which the Constitution paints in broad general terms. 3.1 Some suggested definitions Victim(s) - Victims are persons who individually or collectively suffered harm, including physical or mental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights, through acts or omissions that constitute violations of the domestic or international law. A person should be considered a victim regardless of whether the perpetrator of the violation is identified, apprehended, prosecuted or convicted, and regardless of any familial or other relationship between the perpetrator and the victim. The term “victim” also includes affected immediate family or dependants of the victim as well as persons who have suffered harm in intervening to assist victims or to prevent victimization. The term “survivors” may, in some cases, be preferred by persons who have suffered harm. The legal term “victims” is used without prejudice to other terms which may be preferable in specific contexts.2 Human rights violations - the violation of any one or more of the rights protected by the Constitution of Zimbabwe, international laws or any treaties or conventions that Zimbabwe has signed. Redress / Making of Amends include the following five forms of reparation: restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition. Restitution is a form of redress to re-establish the victim in his or her situation before the violation of his or her rights, taking into consideration the specificities of each case. International law requires that the victim receiving such restitution is not placed in a position where he or she is at risk of repetition of torture or ill-treatment. 1 Section 233 (a) of the Constitution This is according to the Gen. Comment 3 of the Committee Against Torture in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 2 7 NTJWG Analysis of the NPRC Bill, March 2017

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