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 2 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 2 1

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