9 Recommendations and conclusion
The quest for justice for human rights violations committed by state security agents in Zimbabwe from
as far back as the independence era continues to dominate justice issues in Zimbabwe. The justice
questions refuse to move and Zimbabwe stands soiled by its poor and shameful record of state
sponsored human rights violations. These violations against civilians by state security agents continue
to rear their ugly heads and the latest killings on 1 August 2018, reportedly by members of the army who
are alleged to have been called in by the police attest to this.
To commit to deal with these human rights violations would be a brave act of standing for what is right
and ensuring that Zimbabwe breaks with its past in the process providing justice for the thousands of
Zimbabweans whose rights have been violated. To provide justice for the cases the state security agents
are accused would be an opportunity to provide much needed healing and reconciliation so that the
country can move forward. These requests are not new. The Forum has stood firm since its formation in
1998 arguing for justice against state security agents who have committed human rights to be served.
The calls have largely fallen on deaf ears and ignored.
However, the historical and socio-political circumstances in Zimbabwe as in many other countries
might demand derogation form this duty to prosecute. Zimbabwe would need some form amnesty for
those who have committed gross human rights violations. This would be to achieve the goal of
reconciliation, truth, acknowledgement and a return to democratic rule. What is needed in Zimbabwe is
the consensus that the nation can only be redeemed from its poor record of human rights and economic
quagmire based on consent rather than conquest by all the stakeholders. Whatever way Zimbabwe's
transition will take there are certain fundamentals of justice that will need to be complied with. For
example, the new state will have to prosecute and punish the perpetrators of abuses when these abuses
can be determined to have been criminal in nature. Secondly, all violations that remain shrouded in
secrecy should be investigated and the truth be disclosed to the victims of injustice, to their relatives,
and to society. Thirdly, reparations will have to be granted to victims in a manner that recognizes their
worth and their dignity as human beings. Monetary compensation is certainly a part of this duty, but the
obligation should also be perceived as including non-monetary gestures that acknowledge the harm
done to them. The form that these remedies will take depends on the circumstances of the violation, the
kind of harm caused, and the circumstances and needs of the victims. Other responses from the State
can also be considered as part of an overall remedy, such as public or private apologies from the
authorities, disciplinary procedures for those individually responsible and measures to remember the
deceased. Moreover, those found culpable while they were or are still serving in any capacity in the
armed or security forces of the state should not be allowed to continue the roles of reconstituted,
democratic law enforcement or security related societies. What remains important for Zimbabwe is that
any accountability measures for past human rights violations are legitimate. This should be through an
open, democratic debate that includes consultation with and participation of the relevant stakeholders
and full transparency of decisions.
To the Government of Zimbabwe (Ministry of Home Affairs)
The government must provide adequate support and show political will for the prosecution of
all past human rights violations where the police were reported to have been involved
Adequate support must be provided to the investigative wings of the police and the Zimbabwe
Anti-Impunity Report
41
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