REDRESS/AMANI
not only on the clarity and width of its remit but on the commitment of the
Government to genuinely support such an organ. Creating such a body (and other
human rights organs) through legislation should not be particularly irksome or even
controversial, but if they then become sinecures for political cronies, they will be
nothing but a waste of money. This is what has happened with the office of the
Ombudsman which, if it is not abolished altogether, needs to be entirely overhauled.
In addition, to be effective and impartial such institutions must have the political
and financial support and cooperation of the Government without political
interference from it. In a democracy these independent bodies are accountable to
parliament and not to the executive.
The future protection of human rights and in particular the implementation of
effective remedies for victims of violations, will necessitate the creation of new
bodies as well as the strengthening and rebuilding of existing machinery. The
countrys economic collapse, widespread corruption, emigration of skilled officials,
public service demoralization, and the abandonment of the rule of law, have all
gravely undermined the administration of justice in recent years. This has created
tremendous practical problems which will need to be tackled in parallel with the
introduction of new innovative mechanisms such as a HRC, police complaints body
and so on. The role of civil society should be to participate vigorously in all the
necessary processes of assessment and consultation preceding the creation of
these, and to keep them firmly on the agenda. A lot can be learned from regional
and international developments in regard to institutional safeguards to help prevent
the recurrence of human rights violations.
Some scholars in the field of reparation for victims of gross and systematic human
rights violations have argued that judicial fora and the law ought not to necessarily
dominate discussions for reparation in the context of political transition. The
widely-used term transitional justice is so clearly part of actual political processes
that reparation can be considered partly as a matter of politics, 220 and calls are
made for a more socio-political approach to the problem of finding measures to deal
with large numbers of victims measures which other countries have found do not
simply or easily fit into traditional court procedures. Dealing with past abuses
undoubtedly requires multi-faceted, combined, holistic or hybrid solutions, some of
which this paper has sought to examine. While recognizing, therefore, that law
reform in itself is only part of what will be needed, it should still be of particular
concern to civil society. An obvious issue is the startling lack of confluence between
aspects of Zimbabwes domestic law and developments in the international arena.
To a considerable extent this specialized topic calls for input from both local and
outside experts.
A stark example is that one of the most widespread of human rights abuses, namely
torture, is not even a criminal offence per se in Zimbabwe. For years civil society
has been calling upon the Zanu-PF Government to sign and ratify the 1984 UN
Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, and its refusal to do so for over two decades speaks volumes on the
nature of the Mugabe regime in general and its successive Ministers of Justice in
particular. Civil society must make it an urgent priority for Government not only to
make Zimbabwe a party to the Convention but thereafter to speedily bring domestic
220
A helpful publication which develops these ideas is the Expert Seminar on Reparation for Victims of Gross and
Systematic Human Rights Violations in the Context of Political Transitions (Universiteit Antwerpen and Katholieke
Universiteit Leuven, 2002).
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