ix) Threatening, Prosecutorial language
The criminalisation of the actions of people summoned to appear before the
Commission has the potential of instilling fear in the victims of past injustices. Section
8(11a and b) makes use of language that criminalises some actions associated with
the investigations such that it deters the victims from taking part in investigations,
even as witnesses. However, given the time frame taken to deal with national peace
and reconciliation issues, some evidence is likely to have been interfered with,
forgotten, distorted and even destroyed. In addition, witnesses may not have to be
forced to answer questions on the ground that they may incriminate themselves
which is regarded as due process at law.
Therefore, HZT recommends that the NPRC Bill must not criminalise actions that are
before the Commission, but rather deal with actions after the investigations given
the time that the violations took place. It should be clear on what constitutes true or
false evidence by the commission. Any criminalisation of witnesses and
complainants reduces the propensity of victims (most of whom cannot afford legal
aid) to report their cases. The Bill may also need to include provisions that guarantee
unconditional legal support for victims (complainants) and witnesses.
x) Early Warning System Architecture
The Bill, in its current form does not guarantee non-recurrence of acts of violence.
This guarantee should be accompanied with violence and conflict detection
mechanisms as stated in the Constitution, Section 252 (g-h. Section 252g states that
the commission should “develop mechanisms for early detection of areas of
potential conflicts and disputes and to take appropriate preventive measures.”
Therefore, the NPRC Bill should clearly state how the Commission is going to establish
an effective Early Warning System from the national to community levels. Absence
of mechanisms to deal with recurring violence or violence in future is contrary to
provisions of the Constitution.
3B. Considered Omissions in the NPRC Bill
i)
The power to initiate investigations
The Bill does not in any of its text refer to processes or the power of the NPRC to
initiate investigations. It is a well - known fact that some of the most egregious
violations of human rights occurred in remote areas where victims might have been
frustrated and threatened so much that they will afraid to take the initiative of
writing to the NPRC. In this regard, it will be important for the NPRC to have such
express powers to initiate investigations and take justice to victims and survivors'
doorsteps.
In the same vein, the NPRC should also be given express power to first enforce the
publication
past
commissions’
reports
and
implementation
of
their
recommendations; the Dumbutshena Commission and Chihambakwe Reports and
the Tibaijuka report on Murambatsvina, for example. This means the Bill should oblige
the Commission to not only wait to receive complaints but to investigate cases
which they already know or have researched on.
8