vi) Recognition of Civil Society Oversight Mechanism
Nowhere in the Bill is the oversight role of Zimbabwe’s civil society mentioned with
regards to the work and functions of the Commission. Civil society organisations can
play a key role in making sure that victims, their families, survivors and other
stakeholders are properly organised when it comes to engaging such bodies as the
NPRC. Although there are various mechanisms such as the Auditor General
overseeing and auditing the finances of the Commission; the regular reports to
Parliament through the Minister, there is every need for an officially recognised
process where different civil society groups have access on a regular basis to the
Commission. Civil Society Organisations bring a huge value to the Commission given
their wide reach to marginalised communities and their cross-sector interventions.
Therefore, their official inclusion and involvement in the NPRC could amplify the work
of the NPRC. In South Africa, the Truth and Reconciliation Commission acknowledge
the role of civil society and the media as very crucial in the healing process.
Therefore, Zimbabwe can also benefit from this lesson by adopting a similar stance.
vii) Scope of investigations and definitions of violations
The scope of investigation in the Bill does not include other violations like economic
and sexual rights as part of violations that will be investigated by the NPRC. In fact,
the Bill does not provide a list and definition of violations that will be investigated or
be considered by the NPRC during its lifespan. HZT gathered from community
leaders all over the country that it would be more preferable to have such violations
as sexual crimes against women in a political conflict context; economic crimes
perpetrated by individuals and financial institutions during the Zimbabwe dollar era
and the turnover to the multi-currency regime and or the government be clearly
specified so that they receive special treatment in line with the more obvious rights
violations such as torture, assaults, arson etc.
While Section 252 of the constitution does not specifically include economic crimes
and violations against women as part of the NPRC functions, Section 321 (1) of the
Constitution allows an Act of Parliament to confer additional functions on a
Commission. Therefore, HZT recommends that the NPRC functions be expanded with
specific mention of crimes committed against women, and economic crimes.
viii)
Acknowledgement of the need to use Zimbabwe’s traditional justice
systems in peace and reconciliation by the NPRC
There is every need for the NPRC Bill to acknowledge the sheer potential that sits
with Zimbabwean traditional justice systems in reviving reconciliation and peace in
Zimbabwe. The absence of this acknowledgement is disconcerting for HZT. It is
acknowledged that traditional justice mechanisms at times go against the spirit of
international human rights violations. However, it is also quite true that in other
countries such as Rwanda, Uganda, and Kenya and far afield as the South
Americas, traditional justice systems particular to those societies have been used to
achieve justice, reconciliation and peace. HZT enjoins the drafters of the NPRC Bill
and all stakeholders to consider making Zimbabwe traditional justice mechanisms
part and parcel of the mechanisms to be used by the NPRC. HZT has over the years
built the expertise and knowledge around this area and would be more than willing
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