ZIMBABWE: FROM IMPUNITY TO ACCOUNTABILITY
Experts (medical and legal) who work closely with victims of
human rights abuses are aware of the dangers of retraumatisation of victims, whether in court proceedings or before
quasi-judicial or administrative-investigative bodies such as a
TJRC. Proper and adequate support systems must be set up to
deal with re-awakened trauma before, during and afterwards;
victims must have the right not to be involved if they don’t wish to
be, just as much as their right to have their stories told if they want
to must be protected and indeed entrenched at the heart of
proceedings; questions as to whether all investigations and
interviews of victims and witnesses will take place publicly, or
whether some could be held behind closed doors, need to be
asked and answered, as do ways of catering for any special needs
of women and child victims, and victims of sexual crimes whatever
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their age or gender.
5.5 The relationship between a TJRC and a new government
Unless the Government has the political will to make a TJRC
succeed, it won’t. State resources of all kinds will have to be
called upon to operate the organ, irrespective of how it is set-up,
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Leading international human rights organizations have recently done considerable work in
developing concrete strategies for supporting the rights of victims who will be appearing before
the International Criminal Court (ICC), more so than in any other previous international
tribunals. Although a TJRC will be neither an international body nor a criminal court,
Zimbabwe civil society has a golden opportunity to log-into the ideas and recommendations
which are emerging from this network, drawing on the considerable expertise lying beyond
Zimbabwe’s borders, which can then be applied to the country’s specific situation. Ideas
emerging from the ICC victims-rights network which would seem to be of applicability include
some of the following: the need for proper training for all those staff who will have contact with
victims, including any lawyers involved; mechanisms to deal with complaints from victims of
their treatment in the process; means of dealing with vicarious traumatisation of staff working
closely with victims; the use of clear and easily understood forms and documents, as well as
publicity materials, so that victims know what the process is all about as well as what it is not
about (i.e. it is not a criminal or civil court) and the limits of the mandate of the TJRC; the wide
dissemination of relevant information in appropriate languages and through optimum media,
including radio and ‘walk-in’ availability; the use of specific strategies, programmes, materials
and experts for situation-specific locations; the use of multi-disciplinary investigation teams with
sufficient time to deal with things from the victims’ perspective; whatever the reparation
process of the TJRC is, the need for victims to know clearly how this fits in with the truth-telling
and reconciliation aspects.
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