vi) Recognition of Civil Society Oversight Mechanism
Nowhere in the Bill is the oversight role of Zimbabwe’s civil society mentioned with
regards to the work and functions of the Commission. Civil society organisations can
play a key role in making sure that victims, their families, survivors and other
stakeholders are properly organised when it comes to engaging such bodies as the
NPRC. Although there are various mechanisms such as the Auditor General
overseeing and auditing the finances of the Commission; the regular reports to
Parliament through the Minister, there is every need for an officially recognised
process where different civil society groups have access on a regular basis to the
Commission. Civil Society Organisations bring a huge value to the Commission given
their wide reach to marginalised communities and their cross-sector interventions.
Therefore, their official inclusion and involvement in the NPRC could amplify the work
of the NPRC. In South Africa, the Truth and Reconciliation Commission acknowledge
the role of civil society and the media as very crucial in the healing process.
Therefore, Zimbabwe can also benefit from this lesson by adopting a similar stance.
vii) Scope of investigations on economic and sexual rights violations
The scope of investigation in the Bill does not include economic and sexual rights as
part of violations that will be investigated by the NPRC. In fact, the Bill does not
provide a list and definition of violations that will be investigated or be considered by
the NPRC during its lifespan. Reconciliation laws in Nepal, Sierra Leone and South
Africa actually stipulate the nature of violations that were intended for investigation.
This could be also important for Zimbabwe to avoid legal insufficiency and
miscarriage of justice during the operations of the NPRC.
HZT gathered from community leaders all over the country that it would be more
preferable to have such violations as sexual crimes against women in a political
conflict context; economic crimes perpetrated by individuals and financial
institutions during the Zimbabwe dollar era and the turnover to the multi-currency
regime and or the government be clearly specified so that they receive special
treatment in line with the more obvious rights violations such as torture, assaults,
arson etc.
While Section 252 of the constitution does not specifically include economic crimes
and violations against women as part of the NPRC functions, Section 321 (1) of the
Constitution allows an Act of Parliament to confer additional functions on a
Commission. Therefore, HZT recommends that the NPRC functions be expanded with
specific mention of crimes committed against women, and economic crimes.
viii)
Acknowledgement of the need to use Zimbabwe’s traditional justice
systems in peace and reconciliation by the NPRC
There is every need for the NPRC Bill to acknowledge the sheer potential that sits
with Zimbabwean traditional justice systems in reviving reconciliation and peace in
Zimbabwe. The absence of this acknowledgement is disconcerting for HZT. It is
acknowledged that traditional justice mechanisms at times go against the spirit of
international human rights violations. However, it is also quite true that in other
countries such as Rwanda, Uganda, and Kenya and far afield as the South
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