Evidence collected about human rights violations, especially since the February 2000 Constitutional Referendum and subsequent parliamentary elections demonstrate the danger of not dealing with past wrongs. was constitutionally expressed through the Global Political Agreement’s Articles VII, XVIII and several other interrelated articles. Machakanja (2010) critiques Article VII, highlighting how the issues of equality, national healing, unity and cohesion are expressed in general terms thereby masking the so important details relevant for transitional justice. One perspective is that for a decade, the reconciliation policy seemed to work remarkably well, at least between black and white people. Another perspective is that the policy worked less between white and black people, as there was a mass exodus of whites from Zimbabwe and in some respects, did not work at all among black people themselves who thought the policy was a betrayal of the liberation agenda. Ironically, however, this gesture of open-handedness from the new government was the first gross violation of human rights, as the histories of colonisation and the war were simply not addressed and the notion of reconciliation located these issues into oblivion. Couched under the guise of the Lancaster House Agreement negotiated the policy of reconciliation became distorted in both content meaning and interpretation as there was no acknowledgement of either the victims or the perpetrators, or of the many atrocities committed during the war on both sides. As a result the approach to reconciliation averted any examination of violations perpetrated during the war of liberation by the contending parties, thereby failing to bring psychological closure to the traumas of the past. More ominously, however, the integration of the Rhodesian and the Zimbabwe security forces brought the institutionalised technology of torture from Rhodesia into Zimbabwe. It is Article VII, however, that saw the establishment of the Organ on National Healing, Reconciliation and Integration (ONHRI). In its draft report, NANGO (2009) through the Churches and Civil Society Forum (CCSF), ruled out the idea of allowing politicians to lead the processes of national healing, proposing instead that the ONHRI proceeds in a facilitatory, logistical and policy capacity. The ONHRI later produced a position paper on its proposed strategies and mechanisms for transitional justice in Zimbabwe, but it continued to undertake consultative meetings countrywide. The document suggested that the transitional justice process in Zimbabwe be led by an independent commission. The establishment of the ONHRI was marooned in serious legitimacy debates especially the absence of statutory powers. 2. Rationale for National Healing, Reconciliation and Nation Building The ‘reconciliation’ scholarship gained credence both as a field of research and an adhesive for nation building in the 20th century. In his argument, Allason (2012) points out that reconciliation endeavours to improve relations among parties formerly at odds with one another. The nature and degree of improvement required are debatable so too are the mechanism of determining whether reconciliation is genuine. In some accounts, reconciliation is judged to be satisfactory if parties’ relations are improved and deal with the emotional, epistemic, and/or material legacy of the past. While the outcome of reconciliation is oriented towards future peaceful and just relations, the processes of reconciliation may perpetuate bad feelings, suspicions, or harms that were created by the conflicts and injustices of the past. The moral and political value of reconciliation grew in the 1990s in response to its invocation during South Africa’s transition to democracy (National Unity and Reconciliation Act, No. 34 of 1995; South African Truth and Reconciliation Commission Final Report 1998). The South African case, the post-genocide Rwanda and the former Yugoslavia experiences, led politicians and legal thinkers to redefine transitional justice. After the Gukurahundi atrocities which claimed approximately 20 000 lives , the 1987 Unity Accord allowed for the Amnesty to several political detainees and since then oppositions parties had to suffer the repression and selective application of the law by the ZANU F-Led government. The Unity Accord itself did not lay a firm ground for reconciliation or justice. The signing of the Global Political Agreement (GPA) in 2008 after protracted electoral violence in 2008 and a SADC-facilitated mediation marked a shift in the transitional justice debates. The human rights violations and deaths prior to the Government of National Unity (GNU), with over 200 fatalities, were profoundly woven in the electoral violence, historical and socioeconomic repression of the marginalised and the poor in Zimbabwe. The involvement of civil society, labour unions, the displaced white farmers under the chaotic Fast Track Land Reform Programme and the Operation Murambatsvina of 2005 which displaced homeless citizens in the urban centres and the role of churches and political parties in Zimbabwe accounted for a new era of gross human rights violations that call for peace, reconciliation and national healing . The new thrust for national healing and reconciliation The Catholic Commission for Justice and Peace in Zimbabwe? Legal Resources Foundation (1997) 3 A Hammer, B Raftopolous and S Jensen, Zimbabwe’s Unfinished Business: Rethinking Land, State and Nation in the Context of Crisis 2003 2 4 The question of transitional justice is: how can postconflict societies justly make the transition to stable and democratic government given the reality of past wrongs and harms? (Minow 1998, Teitel 2002). Establishing the “Never Again” conditions is what stakeholders and post-conflict institutions grapple with especially where incumbent leaders were involved. In

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