Ÿ Ÿ Ÿ Ÿ Ÿ 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 15 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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