24
Conclusions
It does appear that the War Victims Compensation Act is not wholly satisfactory, but, at the time, was a commendable
attempt to provide redress for the many victims of the gross human rights violations that had taken place during the War of
Liberation. It is not partial, providing redress for both combatants and civilians, and also for victims of the abuses inflicted
by both all sides to the conflict. However, the Act is a victim of its own time.
In 1980, it is fair to conclude that there was a relative paucity of scientific information about the short and long-term
consequences of organised violence, and hence the content of the Act could only reflect what was known at the time. In
particular, the Act did not place much emphasis upon torture and other forms of organised violence, and, as we have seen
above, there may be good reasons for seeing torture and organised violence as being considerably more prevalent than
conventional war injuries. There is now no good reason why the Act should not be amended to reflect this later knowledge,
and here the amendments can draw upon a considerable body of legal and forensic material for its guidance.
For example, The United Nations Compensation Commission included a panel of experts from various fields, i.e., finance,
law, accountancy, insurance, and environmental damage assessment and psychiatry.106 This UN Compensation
Commission devised an ideal categorisation system for war-related injuries.107 Furthermore, there are alternative models,
such as that devised by the Federal Republic of Germany, to which reference may be made in deciding upon explicit
categories of consequences.
In addition, there are several models for processes to handle such claims.108 The UN Commission divided the
administrative process into instalments.109 It also divided themselves into a panel of three members to review claims.110
Basically, the claims would be presented to the panel in different instalments.111 The first instalment was the precedential
phase of the work.112 In the precedential phase, there is a small number of claims and an individualized review of the
claims.113 Also, the panel must identify and define issues that appear to be relevant to the evaluation of the claim and
compensation.114 Next instalment would be the application phase.115 In the application phase, the panel reviews the
recommendations made concerning those groupings.116 The
panel must insure that the groupings and compensation recommendations developed in the precedential phase are proper
claims.117
Unlike Zimbabwe, the UN Compensation Commission is both more intricate and clear, and is better for several reasons.
The Commission’s process allows a case by case analysis that permits the panel to be flexible in those necessary situations.
Zimbabwe does not have such a mechanism.118 Also, unlike Zimbabwe, the Commission establishes a safeguard against
fraudulent claims.119 The UN’s system has panels to review the same claims twice but for different reasons, and the last
review operates as a check on the first.120 In Zimbabwe, such a system would be desirable, but the system should also
106
supra
supra
108
United Nations Compensation Commission, Report of the Panel, 6, 1996.
109 supra
110 supra
111 supra
112 supra
113 supra
114 supra
115 supra
116 supra
117 supra
118 Sec.4 , War Victims Compensation Act, [Chapter 11:16].
107
Select target paragraph3
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