ZIMBABWE: FROM IMPUNITY TO ACCOUNTABILITY
6. THE MAIN MECHANISM FOR THE PAST: SOME ISSUES
The symposium averred that, “the main mechanism for dealing
with past human rights abuses will be a Truth, Justice, and
Reconciliation Commission” (emphasis added). Both of these
aspects are significant, because they recognize that a TJRC, even
an ideal one which achieves close to everything that it sets out to
do, will not be a panacea for all past violations, and furthermore
they acknowledge that a TJRC may not be the appropriate
mechanism to prevent and/or deal with future violations.
An obvious additional mechanism for dealing with the past is
through the criminal justice system: the prosecution of
perpetrators through the courts. At first blush this is an obvious
and simple issue. One of the concerns of civil society which arose
in formal and informal discussions at the symposium, and which
has been voiced in papers and documents from time to time, as
well as having been discussed inside and outside of Zimbabwe for
years, is the desire to see justice done as normally conceived in
the form of ordinary criminal trials. Indeed, special emphasis has
been placed on the Justice aspect of a TJRC, precisely to
distinguish it from the South African TRC as well as from
‘Mugabe’s reconciliation’ of 1980.
There is considerable
skepticism in Zimbabwean civil society regarding some of the
outcomes of the South African TRC (and in particular the ‘truth for
amnesty’ aspect which was central to it), and not surprisingly
perhaps this echoes the serious and on-going reservations of
many South Africans themselves over the process. There would
also appear to be near unanimity amongst Zimbabwean civil
society activists that the 1980 ‘arrangement’, in that it contained
no element of truth or justice, had grave shortcomings.
Thus, at a basic level, what will be the relationship between the
TJRC and the ‘normal’ criminal justice system? Even assuming
that the transition to democracy successfully avoids the trap of
blanket impunity and sees the repeal of past amnesties where
necessary, and that the work of the TJRC identifies many
perpetrators of gross human rights abuses (it is taken for granted
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