T r a n si t i o na l j us t ice o p t i o n s fo r Zi m ba bw e: a g u i d e to k e y co n cep t s mechanisms to be adopted. An apology could serve as a form of acknowledgment that undue harm was caused to Zimbabweans during, for example, Gukurahundi in Matebeleland and parts of the Midlands soon after independence, and Operation Murambatsvina of 2005. These two cases are often cited, and acknowledgement is clearly needed urgently. Amnesty Amnesty is a legal pardon for human-rights abuses. It is granted by the state, usually after the truth about the abuses has been told with the aim of ensuring peace. Amnesties must be based on the truth so that everyone knows what the amnesty is for. There are certain crimes for which amnesty cannot be granted, such as murder, rape and sexual enslavement. These and other serious human-rights violations are known as crimes against humanity. Self-amnesties that are designed to conceal rather than reveal the truth are spurious and illegitimate.27 Apologies Apologies by the state, individual perpetrators and others may encourage social understanding, facilitate national reconciliation, and enable victims and their families to reach forgiveness. Compensation Compensation provides victims with monetary payment for damages, suffering and losses resulting from past violations. This can include payments to help victims address the consequences of one of more of the following: physical or mental harm that they have suffered; lost economic, educational and social opportunities; damage to their reputation and dignity; and costs related to obtaining relevant legal, medical, psychological or social assistance. One example of this that already exists in Zimbabwe is the War Victims Compensation Fund, which was introduced by the government in the 1990s to cater for war veterans. Education States have a responsibility to ensure that information about past violations is adequately and appropriately communicated to broad sectors of society. To this end, states should integrate the documentation and analysis of past violations into national educational curricula. They should also work with victims, communities, civil-society organisations and others to ensure that the public is aware of past violations, as a means of preventing recurrences and of building a culture of respect for fundamental human rights and the rule of law. Crimes against humanity Crimes against humanity are murder, extermination, enslavement, deportation or forcible transfer of population, torture, rape, sexual slavery, enforced sterilisation, forced pregnancy, imprisonment or severe deprivation of physical liberty, sexual slavery, enforced prostitution, sexual violence, enforced disappearance, apartheid and other inhumane acts. These are the most serious crimes in international law that entail individual criminal responsibility. They include conduct that is not allowed under generally applicable international law. Such crimes are subject to universal jurisdiction; in other words, all states can exercise their jurisdiction to prosecute perpetrators, regardless of where the crimes were committed. Gender justice Women and girls experience wars and conflicts differently from men as they tend to be far more exposed to sexual abuse including rape and similar violations. Furthermore, as dependants and family members of combatants, women often suffer secondary victimisation: losing breadwinners and sometimes their status and property rights in their communities if 27 See Zalaquett 1997:12. 7