The post-transition period will pose enormous problems for any notion of vetting. Although
the NTJWG has published in its Guiding Principles for Transitional Justice Policy and
Practice in Zimbabwe a set of guidelines for vetting (NTJWG. 2015):
a. Public employees who are personally responsible for gross human rights
violations or serious crimes under international law must be excluded from
public service to re-establish public trust and re-legitimise public institutions;
b. Vetting must not be solely on the basis of group or party affiliation as this
tends to cast the net too wide and to remove public employees of integrity
who bear no individual responsibility for past abuses;
c. In vetting, there is need for a strategic approach targeting critical areas.
These are useful guidelines, but, given the scale of the violations since 1980 and the numbers
of public employees involved, this will obviously be a very complex process, with the
potential of wholly de-stabilising the state. Vetting will, therefore, require very careful
thought.
4.7.7 Reparations
Reparations are a thorny matter as a transitional justice mechanism, especially in countries
where there have been mass human rights violations. They are rarely a mechanism seen in the
pre-transitional period, but they did increase post-transition. Reparations were significantly
more frequent in African countries, but this is explicable perhaps because of the importance
of compensation in traditional justice systems. Certainly this is the case for Zimbabwe, and
the surveys of Zimbabwean citizens show the high priority given to compensation (RAU.
2009; Human Rights Forum. 2011). Interestingly, in both studies there seemed to be the
understanding that individual perpetrators might find it difficult to be made responsible for
compensation, and that the state should then be responsible. It is also interesting that the other
aspects of reparation, best described under the Joinet Principles – restitution, rehabilitation
AND compensation – are rarely mentioned by citizens.
The issue of reparation has had a chequered history in Zimbabwe. Building on the colonial
support to victims under the Indemnity and Compensation Act, the Zimbabwe government
promulgated the War Victims Compensation Act, which was aimed at giving victims that had
suffered physical injury during the Liberation War access to a disability pension (Reeler.
1998). The criteria were based on those in the Workmen‟s Compensation Act, and make no
mention of disability due to psychological damage, nor to the right to rehabilitation. The
whole process of awarding compensation was undermined by the revelations in 1997 that the
Act had been corruptly used to benefit select individuals. There was considerable discussion
in the judicial commission set up to investigate the corruption about the likely costs of full
compensation to all the victims, including those with psychological disability, and it evident
that any adherence to international principles, such as those developed by the Governing
Council of the United Nations Compensation Commission, would bankrupt the country.
Additionally, there was the very difficult matter of making the current government liable for
the violations committed under a previous government.39
39
Such discussions about compensation will undoubtedly be coloured by the previous history of the payouts to
the war veterans in 1997, which led to the collapse of the Zimbabwe dollar, as well as uncovering the massive
corruption in the awards under the War Victims Compensation Act.
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