found guilty11. This spirit guides and informs a whole host of traditional justice institutions and
mechanisms that have been practiced in Zimbabwe for centuries to deal with community
problems, crime, social maladies, natural calamities and other social problems. It is the two
organizations’ belief that with a view to finding lasting solutions to Zimbabwe’s justice challenges
it is necessary to adopt some traditional justice measures. This is because of a whole list of
reasons which might incapacitate the state from carrying out full-fledged prosecutions or even
robust truth seeking mechanisms such as lack of resources, weak judicial systems and a sheer
overload from too many victims and perpetrators on the justice system.
4. GUARANTEES TO RIGHT TO A REMEDY PROTECTED IN
INTERNATIONAL AND DOMESTIC LAW AND TRADITIONAL SYSTEMS
IN ZIMBABWE
Victims whether in a rural or modern setting have a clearly established right to remedy and
reparation for serious violations of international human rights law and international humanitarian
law12.
4(i) Remedy encompasses the right to:
equal and effective access to justice;
adequate, effective and prompt reparation for harm suffered;
Access to relevant information concerning violations and reparation mechanisms; and
access to fair and impartial proceedings.
4(ii) Reparation
is a part of remedy. Reparation has five components: (1) restitution (seeking
insofar as possible to restore victims to their original state prior to the violations, including land
11Samkange S, Samkange TM 1979. Hunhuism or Ubuntuism: A Zimbabwe Indigenous Political Philosophy.
Salisbury: Graham Publishing.
12 See The Basic Principles and Guidelines on the Right to a Remedy and Reparations for Victims of Gross
Violations of International Human Rights Law and Serious Violators of International HumanitarianLaw
th
(adopted 16 December 2005 UNGA 60 Session, Resolution 147 (A/Res/60/147)
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