vii) failure to prosecute can lead to private revenge-seeking in
which people take the law into their own hands, and which can
then spiral into further retaliatory violence;
viii) successful prosecution and incarceration of leading
perpetrators removes them from society and increases general
and individual security.
Civil society therefore needs to look carefully at all sides of this
vital issue, in a genuine quest for a consensus. Should only the
most serious violators be prosecuted, and if so who decides who
they are – a TJRC, the usual prosecuting authorities, or some
other organ? Whoever has this power, what criteria are to be
applied? What is the role of victims in the decision-making
process? Should there be any form at all of ‘truth for amnesty,’
and if so when can it be said that full disclosure has been made?
There are no easy solutions or foolproof road maps. The
experiences of other countries can help considerably but cannot
be applied mechanically. Zimbabwean human rights activists
need to find innovative ways to deal with the pros and cons of
criminal prosecutions and retributive justice.
Another mechanism, which has developed to deal with past
human rights abuses is restorative justice, seen as a way of
avoiding or overcoming the problems and shortcomings of the
punitive approach examined above.
Instead of being so
perpetrator-oriented as retributive justice, restorative justice seeks
to work closely with the victims and the communities from which
they and the perpetrators come, in ways which still make the
perpetrator accountable, but more directly to the victims instead of
‘abstract’ entities such as the state or society in general as in the
case of prosecutions. It is much less legalistic and procedural,
and far more flexible, than courtroom justice, emphasizing
restoration and reconciliation rather than punishment. The broad
aim is to mend the social harmony that widespread human rights
abuses have damaged. It has a strong voluntary component, and
attempts to reach agreements and consensus through publicly
acknowledged and community based solutions to the wrongs that
have occurred, instead of imposed criminal sanctions. There are
likely to be important roles for traditional leaders to play as
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