ZIMBABWE: FROM IMPUNITY TO ACCOUNTABILITY
arbitrators in these processes, and for the application of
customary law and rituals when appropriate. However, the
concept and implementation of restorative justice is not without its
own problems, and can be open to abuse and manipulation. It is
suggested here that civil society needs seriously to explore the
suitability or otherwise of restorative justice as one way of dealing
with the widespread violations which have taken place in different
parts of the country at different times in the past.
A further method of dealing with some aspects of past human
rights abuses is via the route of civil litigation – the suing of
perpetrators for damages in the ordinary courts. This will be
33
discussed below when reparation is examined in more detail.
It seems sensible, therefore, to see none of the various
mechanisms as mutually exclusive. Zimbabweans ought to work
towards finding a combination of ways and means to bring justice
to victims of past abuses. A simple working hypothesis would be
to see a TJRC as the chief mechanism for investigating, exposing,
recording and documenting all the abuses of the past through all
legitimate means, affording victims maximum opportunities to
confirm and reveal their experiences in ways most conducive to
their own well-being. Directly from the findings of a TJRC there
could be prosecutions of the most serious perpetrators, with
punishments being modified depending on the degree to which
violators co-operated with and fully disclosed their participation in
violations to the TJRC, and also depending on the extent to which
they have engaged in meaningful reparation. At the same time,
use might be made of restorative forms of justice, possibly more in
rural that urban settings as the traditional structures in the former
are stronger than in the latter; these forms would be aimed at
dealing with the less heinous human rights violations, many of
which have involved destruction of property rather than physical
abuse.
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See p. 34-35.
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Select target paragraph3
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