Research and Discussion Paper on a TJ Framework for Zimbabwe
The right to reparation
Generally, individuals as well as collectives have the right to reparation. It has several different
components: restitution, compensation and rehabilitation.
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Restitution: returning to the proper owner property or the monetary value of loss. In
criminal cases, one of the penalties imposed is requiring return of stolen goods to the victim
or payment to the victim for harm caused.30For victims who have been internally displaced
(IDP) the right to restitution of their property is of utmost importance.
Compensation: Where restitution is not feasible compensation in monetary form might be
applied.
Rehabilitation: This is related to the acknowledgment of past human rights violations,
establishing memorialisation projects restoring the dignity of the victims.
The Guarantee of non-recurrence (non-repetition):
This last pillar of the swisspeace concept reflects and analyses why in the past gross human rights
violations have happened and, to prevent them in the future, how the judiciary, the police and the
security sector must be reformed and how laws, which deny citizens the full exercise of their human
right and fundamental freedoms must be repealed or aligned.
Depending on the post conflict situation the guarantee of non-recurrence includes demobilisation of
combatants, election and constitutional reforms, reforms of the security sector, reform of the legal
system and denying former human rights violators any active role in the political and state structures
(vetting and lustration).The aim is to build democratic structures where the rule of law and
accountability prevail and impunity, including selective application of the law, is abolished.
4.2.The ATJF and Dealing with the Past
The AU Transitional Justice Framework (ATJF) is intended to assist countries emerging from conflict
in their pursuit of accountability, sustainable peace, justice and reconciliation. The ATJF aims to
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serve as a guide that can be adapted by countries in the design and implementation of
transitional justice mechanisms, and to
improve the timeliness, effectiveness, and coordination of efforts by states emerging from
conflicts and oppressive rule.31
It draws lessons from various experiences across Africa in articulating a set of common concepts and
principles to constitute a reference point to strengthen peace agreements and transitional justice
institutions and initiatives in Africa.
Especially, it compiles a comprehensive list of measure that can be used in transitional justice. These
measure, which can and must be adapted to the specific case in question, include:
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https://dictionary.law.com/Default.aspx?selected=1831
African Union - Transitional Justice Framework (ATJF)
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DRAFT
Select target paragraph3
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