social contract would need to be established so
that all sectors of the state and society would be
able to interrogate how the amnesties can be
dealt with to deal with the future.
Who should pay compensation on what
crimes?
The Symposium had time to deliberate the
question of restitution and compensation for
past human rights violations. While it is clear
that the state has been responsible for most
human rights violations in Zimbabwe, the
question of individual responsibility lingers on
most peoples’ minds. The delegates attending
the Symposium noted that it would be difficult
and unacceptable for the government to use
their own taxpayers’ money to compensate for
human rights violations against the people of
Zimbabwe. They noted that it would be akin to
people compensating themselves while at the
same time perpetrators continued to enjoy the
proceeds of their ill-gotten wealth received as
rewards for brutalising Zimbabweans etc. Issues
around the abuse of the State Liabilities Act by
the State were raised and the need for the
repeal of such legislation was put on the table.
so that consensus is built around the proposal.
Reconfiguration of the NPRC
A call was made from the Symposium to have
the NPRC reconfigured in terms of its
Commissioners. An argument was put forward
that since the NPRC Commissioners had been
appointed by former President Mugabe, the
whole process had been flawed and done for
reasons not meant to deal with the transitional
justice question in Zimbabwe. Two suggestions
were put forward. The first one was that the
NPRC needs to be reconfigured and have extra
Commissioners or one more from
Matabeleland. The idea was to get someone
who is knowledgeable about Gukurahundi and
would also be able to represent the victims and
survivors of Gukurahundi. The second
suggestion was to have Commissioners who did
not have the right qualifications and apparently
had not been appointed procedurally to be
asked to step down and make way for more
democratically elected ones who had the
correct qualifications to be sitting in the
positions.
A stand - alone Gukurahundi legislation – any
takers?
A discussion was held around the proposal for a
stand - alone piece of legislation to deal with the
Gukurahundi question. The proponents for this
law argue that the atrocities in Matabeleland
were so gross that they needed to be dealt with
outside he normal realm of any other human
rights violations. Other observers have however
argued that to do so would be attempting to
elevate Gukurahundi to a higher status than
other episodes of human rights violations such
as Murambatsvina, the massacres of
Zimbabweans during the liberation struggle, the
2008 election related violence and the
massacres of people by state security forces in
Manicaland and the Midlands over diamonds
and gold artisanal mining. All the arguments
have merit and negotiations will have to be held
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2018 TRANSITIONAL JUSTICE POLICY SYMPOSIUM REPORT
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