– 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.
Similarly, strategies to bolster the position of future victims must
include a variety of mechanisms, including the creation of new
institutions and systems as well as the re-building and
strengthening of those existing ones badly damaged in recent
years. 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 Zimbabwe’s domestic law and developments
in the international arena.
To a considerable extent this
specialized topic calls for input from both local and outside
experts, and is one towards which energy ought to be directed.
A stark example is that perhaps 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 up the country to the 1984 UN
Convention Against Torture and Other Cruel, Inhuman and
Degrading Treatment or Punishment, and its twenty-year refusal
to do so 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 any new Government
not only to make Zimbabwe a party to the Convention but
thereafter speedily to bring domestic legislation into line with it.
Torture must be made a specific statutory crime in Zimbabwe with
appropriately severe punishment for convicted perpetrators, and
the numerous other legislative and administrative reforms that the
Convention obliges state parties to undertake must be
41
expeditiously undertaken.
This is but one of a number of fundamental international human
rights treaties which the present Government has completely and
41
See Summary (Appendix II), p. xv-xvi.
31
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