NPRCWATCH
www.ntjwg.org.zw
THE NPRC ACT:
UNFINISHED BUSINESS
Introduction
After the NPRC Act was adopted and
gazetted as an Act of Parliament, the
NTJWG allocated efforts and time to
analyse its content. This was done so as
to ascertain if the revised NPRC Bill
which was introduced back in
Parliament in 2017 was different from
the current Act. However, this has
been seen by many Zimbabweans as
a great improvement as compared to
the NPRC Bill of 2015.
Background to the NPRC Act
On 5 January, 2018, the Government
of Zimbabwe gazetted the National
Peace and Reconciliation Act [10:32]
(the Act) to put the National Peace
and Reconciliation Commission
(NPRC) into operation and related
matters. The NPRC is one of the ve
independent commissions established
by Chapter 12 of the Constitution of
Zimbabwe. Section 251 specically
established the NPRC with the
mandate to ensure post-conict
justice, healing and reconciliation.
What are the weaknesses of the
NPRC Act?
The Act has four critical weaknesses
which threaten the effectiveness of
the Commission. These are the lack of
victim centeredness, interference by
the executive in various ways, and the
power given to the Commission to
recommend granting pardon without
35
reference involvement of victims and
survivors and the international
principles on amnesties. Additionally,
the Act fails to acknowledge that the
Commission is established to deal with
Zimbabwe's legacy of violence and
assist society to build a more peaceful
and just society.
On Victim Centeredness
Victim centeredness is a principle
rooted in international principles but
also in Zimbabwe's own constitution.
Section 252 of the Constitution lists the
functions of the Commission. The
Constitution expects the Commission
to ensure healing, justice and
reconciliation; making of amends,
rehabilitation for victims and reception
of complaints. At the centre of these
clear functions must be the welfare of
victims. Although Section 10 (13) of the
NPRC Act provides that the
Commission shall provide safety and
protection of witnesses, no reference is
made to victims and survivors. This is
probably the weakest aspect of the
NPRC Act as this omission creates a
gap which exposes victims and
survivors and leaves out critical areas
of the Commission's healing mandate
as outlined in section 252 of the
Constitution.
According to the Minimum Standards
for an Effective National Peace and
Reconciliation Commission (NTJWG,
2015: 4), it is important that adequate
protection mechanisms be put in
place for victims and survivors.
Select target paragraph3
Add to table of contents