Introduction The signing of the Global Political Agreement in Zimbabwe in September 2008, and the swearing in of the Government of National Unity in February 2009, raised hopes among Zimbabweans and observers throughout the world that the human-rights abuses of the past might be addressed. The theme of transitional justice began to receive a great deal of attention. Human-rights organisations that had been lobbying for transitional-justice mechanisms to be implemented in Zimbabwe hoped that the transitional unity government would prioritise the issue. This hope was short-lived, however. It transpired that economic and political reforms were at the top of the unity government’s agenda; addressing the past has not been a priority. Aiming to contribute to a smooth transition towards a more peaceful and democratic future for Zimbabwe, and acknowledging that Zimbabwe has a unique history as well as some existing mechanisms for addressing human-rights abuses, this document offers some insight into the history and background of transitional justice. An outline of the five primary focuses of transitional justice processes is provided, followed by brief descriptions of some of the key terms that are used to describe aspects of the process. The purpose of providing this information is to show that transitional justice does not have to be prescriptive: equipped with an understanding of the challenges that come with each mechanism, Zimbabweans can choose from those listed here, and select a set of tools that have the potential to work in Zimbabwe. Some background to the concept of transitional justice The concept of transitional justice has its origins in the aftermath of the Second World War. Before this, avoidance strategies were common after a war or conflict – no one discussed abuses that had taken place, and no measures were put in place to address the needs of those affected by these abuses. After the Second World War, however, the first war tribunals were set up in Europe and Asia to prosecute those accused of committing what became known as crimes against humanity.1 Furthermore, the United Nations (UN) adopted the Universal Declaration of Human Rights on 10 December 1948. This paved the way for the drafting of other international and regional human-rights instruments, such as the African Union’s African Charter on Human and Peoples’ Rights that was adopted in 1981. Alongside the development of these documents, there have been attempts to build post1 Cherif Bassiouni 1999: 107. 1

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