During previous consultative meetings, officials from the Attorney General’s Office indicated
that they are reluctant to define terms in the Act which are also in the Constitution but which
are not defined in the Constitution for fear of offending the Constitution. There are two
ways of addressing the concerns of AG’s office. Firstly, it is always safe to resort to the
definition of terms as accepted in international law. The NPRC is one of the independent
commissions established by the constitution to support and entrench human rights.1 Most of
the terms that are proposed here are terms that are already known in international law.
Section 46 (1) (c) of the Constitution requires the recognition of international law in the
interpretation of the bill of rights. A rights based approach to defining terms in the NPRC Bill
that is in harmony with international law is certainly in harmony with the Constitution.
Secondly, there is always a disclaimer that usually comes in the interpretation section. The
disclaimer reads, “In this Act, unless the context otherwise indicates…” This disclaimer will
take care of the fears that the Constitution will be offended by the definition of terms that it
uses which it does not define. Defining such terms in the Act by the legislature rather help
realise the spirit and ideals of the constitution. It is the role of the Act to define in specific
terms, that which the Constitution paints in broad general terms.
3.1 Some suggested definitions
Victim(s) - Victims are persons who individually or collectively suffered harm, including
physical or mental injury, emotional suffering, economic loss or substantial impairment of
their fundamental rights, through acts or omissions that constitute violations of the domestic
or international law. A person should be considered a victim regardless of whether the
perpetrator of the violation is identified, apprehended, prosecuted or convicted, and
regardless of any familial or other relationship between the perpetrator and the victim. The
term “victim” also includes affected immediate family or dependants of the victim as well as
persons who have suffered harm in intervening to assist victims or to prevent victimization.
The term “survivors” may, in some cases, be preferred by persons who have suffered harm.
The legal term “victims” is used without prejudice to other terms which may be preferable in
specific contexts.2
Human rights violations - the violation of any one or more of the rights protected by the
Constitution of Zimbabwe, international laws or any treaties or conventions that Zimbabwe
has signed.
Redress / Making of Amends include the following five forms of reparation: restitution,
compensation, rehabilitation, satisfaction and guarantees of non-repetition.
Restitution is a form of redress to re-establish the victim in his or her situation before the
violation of his or her rights, taking into consideration the specificities of each case.
International law requires that the victim receiving such restitution is not placed in a position
where he or she is at risk of repetition of torture or ill-treatment.
1
Section 233 (a) of the Constitution
This is according to the Gen. Comment 3 of the Committee Against Torture in the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment
2
7
NTJWG Analysis of the NPRC Bill, March 2017