The Report
Background
This report is the product of research that was undertaken in Zimbabwe during 2004 in the wake
of the August 2003 symposium. In 2003, there was considerable speculation about the prospects
of political talks, and even some sort of ‘negotiated settlement’ between the ruling ZANU(PF) and
the opposition MDC. Three and half years of deterioration had resulted in considerable pressure
from the international community and especially some African countries for dialogue between
Zimbabwe’s two main political parties. It was not clear what the prospective talks would in fact
address, although human rights groups and other civil society structures were keen to ensure that
acknowledgement of and responsibility for a host of human rights violations must be taken into
consideration. Accordingly, at the August 2003 symposium there was a certain sense of urgency
and necessity about beginning to address (or at least preparing to address) a range of transitional
justice issues.
At the Johannesburg symposium two key areas requiring immediate attention were identified,
namely the importance of widening the debate around transitional justice options, and an
undertaking to review existing data sources of human rights violations that might be utilised in any
subsequent justice and accountability endeavours. In this regard, specific attention would be given
to the prospects of establishing a relational database which would enable a clearer understanding of
‘who did what to whom, when, where, and how’. A specific, but not exclusive, focus was given to
issues of organised violence and torture.
During the course of this project, however, a political settlement, or indeed any kind of meaningful
talks designed to address the ‘Zimbabwe Crisis’, did not materialise. In fact, it is evident that the
situation has actually deteriorated in many respects. Zimbabwe remains in a ‘pre-transitional’
phase, with no immediate prospects for an end to the pressing political, social and economic crises
that continue to engulf the country. As such, it can be expected that repression and human rights
violations will continue to characterise governance considerations by the ruling party, especially
in the context of its primary objective of retaining power. Organised violence and torture have
characterised all election processes throughout Zimbabwe’s independence period. This has become
increasingly evident since 2000, as established by available data, and raised prospects that the March
2005 parliamentary elections would also be characterised by violence.7 Although the elections
were relatively peaceful, there is evidence of violence, as well as reports of pervasive threats and
intimidation relating to the election processes.8
Although efforts to pursue a ‘transitional justice agenda’ appears to have been put on the backburner
for most interested parties in civil society, the relevance of these issues and the need to take steps
to address them remain germane. Of course, the evolving context in Zimbabwe requires a nuanced
and flexible approach to these issues, and an acceptance that what can be undertaken in the present
context is constrained.
It is also evident that there are no generic solutions to these sorts of challenges. Although there
would be more opportunities to strengthen civil society’s position vis-à-vis a range of justice and
7
See Zimbabwe: Tortuous Patterns Destined to Repeat Themselves in Upcoming Election Campaign: A Preliminary Study of
Trends and Associations in the Pattern of Torture and Organised Violence in Zimbabwe, July 2001 – December 2003, The Redress
Trust, November 2004.
8
See, for example, Consolidated Election Climate, No. 1 – February 2005 and Consolidated Election Climate, No. 2 – March
2005, National Constitutional Assembly, <http://www.nca.org.zw>.
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