3.0 Possible Support by the UN Special Rapporteur
Despite GoZ's reluctance to fully embrace transitional justice, it is clear from the
developments noted above that there is a lot of progress. The sections 251 to 252 of the
Constitution offer the most explicit acknowledgement by a people that there is a legacy of
violence that must be addressed, and leaves open the time period for such violence to be
considered, thus allowing the possibility of even considering the colonial legacy, as was
argued by civil society in its 2004 Symposium. This report therefore urges the office of the
Special Rapporteur to engage with the Zimbabwean process in order to make a positive
contribution. The following are some of the suggestion which the SR can consider:
3.1. Initiating a study on Zimbabwe and including report on Zimbabwe in the SR's report to
the Council.
3.2. Providing immediate technical support to the GoZ in designing the NPRC law to be in line
with UN standards as contained in the several Rule of Law Tools for Post-Conflict States.
3.3 The SR is encouraged to request a country visit to Zimbabwe and engage the official and
non-state actors to ensure that the NPRC Bill is compliant with the UN standards.
4.0 Key Recommendations for the Government of Zimbabwe
4.1 The government of Zimbabwe is urged to embrace the support offered by the international
community and issue a standing invitation to the SR so that he visits the country before the Bill
is adopted into law.
4.2 The GoZ must give clear indication that the Commission will be allowed to operate
without interference in terms of its mandate, operations and finances, and ensure that the
enabling law gives the required safeguards for the Commission.
4.3 In line with 4.2, the GoZ must allow the Commission to develop its own recruitment
procedures and to independently establish its own Secretariat without interference of the
Executive.
4.4 The GoZ must be encouraged to accept and implement all transitional justice related
recommendations made at the two reviews.
5.0 Conclusion
NTJWG knows that transitional justice is and has been part of the United Nations' agenda as it
assists ensuring the building of sustainable peace and dismantling of impunity. The processes
in Zimbabwe and the people of Zimbabwe will benefit greatly from the support of the Office of
the SR. NTJWG remains a willing partner in support of government's transitional justice
processes without compromise on principle.
UN [1997], The Administration of Justice and the Human Rights of Detainees: Question of the impunity of
perpetrators of human rights violations (civil and political), revised final report prepared by Mr. Joinet pursuant to
Sub-Commission decision 1996/119, United Nations. Economic and Social Council. Commission on Human
Rights. Sub-Commission on Prevention of Discrimination and Protection of Minorities.
E/CN.4/Sub.2/1997/20/Rev.1.
9
STATE OF TRANSITIONAL JUSTICE IN ZIMBABWE
2017 REPORT
NATIONAL
TRANSITIONAL JUSTICE
WORKING GROUP
ZIMBABWE
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