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