For a number of years, NGOs such as the Amani Trust have been advocating the development
of reparation and compensation packages to assist victims and survivors of organised violence
and torture. At the same time, the Amani Trust and others have been trying to build a ‘victim
constituency’ that can articulate and advocate around these concerns.
During the course of the interviews, the writer was also informed about a pilot initiative in 1999
from the President’s office (in conjunction with some church groupings and traditional leaders) to
explore the problems and needs of victims, with a view to possible compensation. The initiative
apparently established provincial structures to engage with grass roots communities, but evidently
could not guarantee the control of information for government. In the wake of the 2000 Referendum,
it appeared the government had developed ‘cold feet’ and the process had subsequently ‘petered
out’. The process did, however, generate a lot of interest in many communities, which highlights
the importance of developing a broader constituency and lobby to advocate around these issues
(i.e. church, social movements, etc.).
Institutional transformation
Countries in transition from an authoritarian past often need to adopt institutional, legal and
policy reforms that will enable the country to achieve the long-term social, economic and political
objectives that are essential to preventing civic and/or democratic collapse in the future. Such
reforms generally have as their aim the elimination of the conditions that led to and maintained
prior conflict or repression.
The range of possible reforms is extremely broad and includes: removing abusers from public
positions, creating new institutions to protect human rights, dismantling or restructuring institutions
prone to abuse, implementing human rights training and professionalisation policies and
programmes, and introducing legal and constitutional amendments to enhance good governance
and better protect human rights.29
In Zimbabwe, the police and military have in varying degrees played a partisan political role since
independence. In more recent years, the heads and other senior members of both the police and
army have made public statements committing the loyalty of the security forces to the ruling party
and denouncing the MDC opposition as violent, treasonous and the enemy of the State.
Partisan policing, selective prosecution, the non-enforcement of court orders and so on, have all
contributed to the declining legitimacy of the country’s criminal justice system. In addition, the
integrity and independence of the judiciary is increasingly questioned. Although pockets of honesty
evidently remain, it is increasingly apparent that Zimbabwe’s judicial system has been deeply
compromised, especially over the last four years.30
Developing a clearer picture of exactly what has transpired will in turn provide a more realistic
understanding of what actions (in terms of training, lustration, policy development, etc.) needs to be
taken in order to rectify the situation. Most transitional situations are constrained by a fundamental
lack of detailed information in this regard. Some aspects of the identification process have already
29
ICTJ, ‘Background Paper’, p. 29.
See, for example, Justice in Zimbabwe, Legal Resources Foundation, 2002; An Overview of the Human Rights Situation
in Zimbabwe, with Specific Reference to Repressive Legislation, Impunity, the State of the Administration of Justice and Selective
Application of the Law, Zimbabwe Lawyers for Human Rights, 2004; as well as sections on Zimbabwe in the annual reports
– Attacks on Justice: A Global Report on the Independence of Judges and Lawyers – by the Centre for the Independence of Judges
and Lawyers of the International Commission of Jurists, <http://www.icj.org>. See also The State of Justice in Zimbabwe,
a report to the International Council of Advocates and Barristers by five Common Law Bars into the state of justice in
Zimbabwe.
30
15
Select target paragraph3
Add to table of contents