An Analysis of the Zimbabwean National Peace
and Reconciliation Bill (NPRC Bill) Gazetted on the
18th of December 2015.
Submitted by Heal Zimbabwe Trust
Introduction
The National Peace and Reconciliation Commission (NPRC) Bill was gazetted by the Government of
Zimbabwe on the 18th of December 2015 to give effect to sections 251, 252 and 253 of the
Zimbabwean Constitution, Amendment Number 20. The provisions provide for the establishment of
the National Peace and Reconciliation Commission, an institution responsible for ensuring post
conflict justice, healing and reconciliation. The NPRC is part of five Independent Commissions
established, for a period of 10 years, to entrench human rights and democracy, uphold
constitutionalism, transparency and accountability in the interest of the public1.
While the Government of Zimbabwe (GoZ) has supportively established the enabling legislation for
the NPRC to commence its work, the Bill should; respect the supremacy of the constitution, abide by
constitutional stipulations regarding the establishment and operation of Independent Commissions
Section 232-237. It is also essential for the Bill to conform to international best practices and
standards set out in the International Covenant on Civil and Political Rights (ICCPR) and the United Nations
Principles Relating to the Status of National Institutions for the Protection and Promotion of Human Rights (the
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Paris Principles) . The latter convention, establishes principles that should be met by any National Human
Rights Institution (NHRI) which include;
a)
b)
c)
d)
e)
Autonomy from the government
Adequate powers of investigation
Broad-based mandate on universal human rights standards
Institutional independence guaranteed by a statute or constitution
pluralism
It is within the above context that Heal Zimbabwe Trust considers the NPRC Bill an important step
towards providing justice to the victims and survivors of past violations. The following is an analysis
and recommendations aimed towards the improvement of the NPRC Bill. While this paper analyses a
legal document, we try to explain our views and recommendations with a bias towards the victims
and survivors of violence whose interests should be key to this Bill. HZT recommends an effective
legislation that takes a victim centred approach while cognisant of diverse contributory factors that
affects successful reconciliation processes such as “such as lack of consultation, inadequate
reparations, inadequate preparations, setting high expectations, and lack of institutional follow up –
to support the processes of the commission3
1
Constitution of Zimbabwe (Amendment No. 20) Section 232 -237
United Nations (2010) National Human Rights Institutions: History, Principles, Roles and Responsibilities.
United Nations, Geneva.
3
Ndlovu-Gatsheni and Benyera Towards a Framework for Resolving the Justice and Reconciliation Questions in
Zimbabwe
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1