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Plenary Lessons and comments raised
The AU transitional justice policy took
about 9 years to develop due to multiple
levels of consultations and the need to
build political will among members states
Member states are not obliged to adopt the
AU policy, but they can contextualise their
needs using the guidelines provided in the
policy
There is a positive interaction between the
AU TJ policy and other bodies such as the
AU Court of Justice.
How does the African Union policy on TJ
interact with other African justice
mechanisms such as the African Court and
the African Commission?
Group Observations and Reflections
The right to Know
Chaired by Mr. Tobias Guzura –Zimbabwe
Open University
The group observed that the right to know is
crucial because it is enshrined in the
constitution of Zimbabwe (section 62). As
such the truth is a necessity for all victims. The
right is als2o crucial for education and
knowledge generation. The right should be
enjoyed at individual, community and
national levels. Lastly, the group note that the
right to know should be enjoyed at specific
times and spaces desired by the victims.
“The Right to Know doctrine should be informed
by the right to speak and the right to be freedom
after speaking”.
Right to Justice
Chaired by Hon. Innocent Gonese
The group noted that the right to justice is about
having all people being treated before the law.
The right to justice should not only involve
retributive justice, but also restorative justice.
The group also noted that state institutions
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should be stronger and impartial to discharge
their duties effectively. It was also noted that in
pursuing the right to justice, there is need to
enhance administrative justice in terms of
processes and procedures that should be
respected. It is critical to deal with the culture of
impunity. It was noted that there must be
political will. The protection of eyewitnesses
was pointed out as a key issue. The right to a fair
trial was also outlined as one key issue under the
right to justice.
Guarantees of non-recurrence
Chaired by Rev. Useni Sibanda
The group observed that the perpetrators of the
violence are still in power and it makes it
difficult for them to be accountable. This makes
guarantee of non-recurrence a challenge in
Zimbabwe. The group learnt that at
independence, Zimbabwe did not transform,
but it inherited the colonial structures of
violence. therefore, there is need to start
working with the grassroots to understand what
communities want to promote sustainable
peace. In pursuing a realistic TJ process, there is
need to promote the Spirit of Ubuntu and
addressing social and economic injustices
(including unemployment). There is also need
promote the role of traditional leaders as
custodians of societies, building resilience,
facilitating history writing projects and
developing a variety of complementary human
security policies.
Right to Reparations
Chaired by Ms. Rutendo Zinyemba
The group observed that the right to reparations
should be viewed in three lenses including
restitution, compensation and rehabilitation.
For the right to be enjoyed, there is need to
develop a guiding policy on reparations.
However, challenges are likely faced in
monetising the injuries caused. Communal
developmental reparations may also be
2018 TRANSITIONAL JUSTICE POLICY SYMPOSIUM REPORT
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