TORTURE IN ZIMBABWE, PAST AND PRESENT governance.188 Since the March 2005 election matters have not improved for human rights defenders.189 The administration of justice too has all but collapsed with massive backlogs of trials, rampant corruption at many levels, and general inefficiency. For every damages case successfully litigated, there are hundreds which have no realistic prospect of ever seeing anything recovered from the Government, which has resolutely turned its back on justice in pursuit of remaining in power at whatever the cost. A further difficulty, arising from the current use which is being made of irregulars to commit abuses, is that it is impossible to bring actions against individuals whose identities are not known; furthermore, it may be difficult to found State liability as it will be difficult for the claimants to positively prove the connection between the perpetrators and the State. Finally, it is worth noting that in August 2003 a three-day symposium on Civil Society and Justice in Zimbabwe 190 took place in Johannesburg, South Africa, bringing together representatives of a large number of Zimbabwe civil society groups with their South African colleagues and other experts from abroad. The symposium sought to foster discussion and debate by Zimbabwean civil society organisations concerning issues of transitional justice and resolution of the multilayered Zimbabwe crisis, as the two main political parties appeared to be on the verge of serious negotiations. Numerous papers were delivered and presentations made, including relevant international justice mechanisms and case studies of transitional justice experiences in other countries. Open discussions and debate took place, and despite the wide range of organisations and interests that were represented, there was consensus on the need to move beyond the rhetoric of human rights and to find practical ways of dealing with the reality of Zimbabwe: past, present and future. The right of victims of human rights violations was central to the discussions. Indeed, the primary purpose of the symposium was to highlight the serious concern that the rights and needs of such victims would once again be sidelined, as has happened in Zimbabwe before. Unless the well-documented culture of impunity is resolutely challenged, the abuses are destined to be repeated. 191 The formal documents agreed at the close of the symposium consisted of a Declaration192 and a Summary193 of the basic issues needing attention. The latter 188 The Non Governmental Organisations Act is awaiting Mugabe’s signature. However, it has been reported that he has returned it to parliament for further review. 189 For a recent analysis of the dangers facing human rights lawyers and others in Zimbabwe see Zimbabwe: Human rights defenders under siege, Amnesty International, 10 May 2005. 190 See the Johannesburg Declaration and the Summary of the Johannesburg symposium, reported in Themba Lesizwe (2004), Civil Society and Justice in Zimbabwe, Proceedings of a symposium held in Johannesburg, 11-13 August 2003, PRETORIA: THEMBA LESIZWE. Full details of the symposium can be found at http://www.santsep.co.za/satc/zim2003.htm 191 REDRESS has published a detailed analysis of the Johannesburg symposium, along with specific comments on steps to be considered to ensure the provision of adequate reparations for Zimbabwe torture survivors: see Zimbabwe: From Impunity to Accountability: Are Reparations Possible for Victims of Gross and Systematic Human Rights Violations? March 2004. http://www.redress.org/publications/Beyond%20impunityA5.pdf 192 See Appendix II. 193 See Appendix III. 38