Jürgen Schurr
Clearly, societies that have experienced long-term repression or that are
emerging from violent conflict have a lot of issues to grapple with, and this
statement emphasizes that there are a variety of components that raise a number
of important questions that need to be addressed and discussed.
Here, I will focus primarily on the right of victims of serious human rights
violations to reparation in the context of transition. This is not to say that the
other components are less important, or that reparation mechanisms operate in
a vacuum. A focus on victims’ rights in transitional justice, however, is merited,
as the perspectives, rights and needs of victims are often ignored.
I will first briefly set out the key principles under international law that
pertain to remedies and reparation for violations of international human rights
and humanitarian law, before providing some examples of how countries
emerging from conflict or repressive rule have attempted to implement victims’
right to reparation in practice in the context of transition. While all experiences
are different, and transition processes need to be tailor-made to meet specific
circumstances, some lessons and experiences from other countries might exist
that could be taken into account in the context of Zimbabwe.
A focus on victims’ rights is important as it enables victims’ suffering to be
acknowledged and addressed so as to help healing and contribute to reconciliation.
The need for reparation arises in every transitional justice context at some point
in time: we have seen that in countries that have decided to establish a truth
commission to deal with crimes committed in the past – such as South Africa,
Sierra Leone, Morocco, Peru – and in countries that have opted for the broadest
possible accountability of perpetrators, as in Rwanda, where close to two million
cases have been heard and tried. In these and other countries, reparation for the
victims of torture, of genocide and other serious human rights violations played
– and, to some extent, continue to play – an important role. Ideally, victims will
receive a tangible benefit from justice processes that enables them to move on.
Equally, it is important to emphasize that these processes do not take place in
a legal vacuum but, rather, that governments must adhere to certain obligations
under national and international law when setting out to frame a transitional
justice policy.
What are victims’ rights under international law?
Victims of human rights violations have a right to justice, which includes a right
to know the truth and a right to reparation. It is long established in international
law that a wrongful act involves an obligation on the part of the state to make
22
International Conference on Transitional Justice, Zimbabwe
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