Recommendations by the National Constitutional Assembly Following the rejection of the Zimbabwean government’s recommended constitutional reform process in 2000, and in the wake of deteriorating political, social and economic conditions across the country, the NCA continued to develop its alternative constitutional vision. During 2001, the NCA convened two ‘all stakeholders’ conferences at which elements to be contained in the ‘final draft’ were considered. In early 2002, this draft was released, and contained specific provisions in Chapter Nine to establish a ‘Truth, Justice, Reconciliation and Conflict Prevention Commission’. This Commission would sit for at least five years, with options to renew the tenure of commissioners for a further five years. Although not explicit, the Commission would be a permanent structure especially with regards to dealing with issues of reconciliation and conflict prevention. The Commission would be responsible, however, for investigations of past violations (and related considerations around prosecutions, amnesties, etc.), to ‘provide remedies for people injured by such abuses’, to ‘promote reconciliation in order to avoid conflict in the future’, and to ‘prevent conflict in the future by engaging in mediation and dispute settlement in disputes that could lead to conflict’.12 Civil Society and Justice Symposium – August 2003 In August 2003, in a context of ongoing violations back home, approximately 70 civil society organisations from Zimbabwe met in Johannesburg to explore issues of redress, amnesty and impunity and to develop ideas about transitional justice options in Zimbabwe. The main purpose of the meeting was to explore how best to achieve justice in the broadest possible sense for the many victims of past and present human rights abuses in Zimbabwe. That they had to meet in a neighbouring country is testimony to the parlous state of affairs in Zimbabwe, but testimony to these organisations’ commitment to promoting an accountability agenda. Mindful of efforts underway at that time to secure a political settlement, symposium delegates felt it was necessary to ensure a range of transitional justice issues were incorporated into that process. As such, those gathered felt it was important for them to make a clear, unambiguous statement that could be delivered to all parties involved in trying to bring about a political solution. These organisations were particularly mindful that given the levels of responsibility the ruling ZANU(PF) has in relation to these violations, they would inevitably be interested in guarantees of immunity. Consequently a political settlement could well compromise the principles of justice and human rights, which are essential for rebuilding a peaceful society. The scope of the symposium was ambitious, exploring the multi-faceted aspects of gross violations of human rights and of victimisation. Other issues examined, included reparations, healing, forensic and medic-legal aspects of human rights violations, juridical documentation, litigation and international legal instruments. A ‘Declaration’ was developed that set out in considerable detail: what the symposium was about; the processes that were undertaken during the meeting; an acknowledgement of the violations under consideration; an undertaking to pursue accountability options and a condemnation of successive amnesties and indemnities adopted by both colonial and post-colonial regimes that had resulted in a culture of impunity; a set of detailed recommendations on how to address human rights abuses; and recommendations for institutional transformation and adherence to international human rights obligations. 12 National Constitutional Assembly, Proposed Draft Constitution of Zimbabwe, Chapter Nine, Sections 128–130. 8