Research and Discussion Paper on a TJ Framework for Zimbabwe
The right to the truth
Victims and survivors of gross human rights violations and missing people’s relatives in Zimbabwe
still do not know the truth about what happened, why it happened and who committed the
violations. The NPRC established by the Constitution is mandated in section 252 (c) and in the Act “to
bring about national reconciliation by encouraging people to tell the truth about the past and
facilitating the making of amends and the provision of justice”.
What is remarkable is that both legal foundations are encouraging people to tell the truth but not
government institutions and parties. How can the victim make an evidence-based oral or written
complaint (Act, 8(2)) without him/her or the legal representative having access to official
documents, an access which the state has?
Zimbabwe, in unison with many other authoritarian states, tends to interpret the ‘security’ of the
state extensively rather than victims’ and survivors’ knowing the truth. When we scrutinize section
10 (7) of the NPRC Act it states that “… the Minister responsible for national security may, at any
stage during an investigation by the Commission issue and lodge with the Commission a certificate to
the effect that the disclosure of any evidence or documentation or class of evidence or
documentation, is in his or her opinion, contrary to the public interest on the ground it may prejudice
the defence, external relations, internal security or economic interests of the state.” The Act
concludes that such hearings should be hold on camera.
Consequently, the investigation power of the NPRC is limited by the NPRC Act. However it cannot
base its investigation only on the narratives of the victims or survivors; it needs supporting
documents from state and none-state agencies. It is unfortunate that this clause was included in the
Act of an independent commission which should uncover past human rights violations, without any
interference from the state apart from providing all the necessary support. It has to be noted that
the right to the truth, if fully and effectively exercised, provides a vital safeguard against the
recurrence of violations35, another pillar of transitional justice.
In conclusion, there is a need to repeal any laws which hinder the access to information and
undeniably, there is a need to enact a law for access to information by anyone. The right to the truth
can only be exercised, when all legislative gaps have been dealt with. Apart from access to
information there is need for a standalone witness protection act.
The right to justice
In general the right to justice implies the right of any individual to access to justice without
discrimination and have a fair trial.
35
Principle 2: The inalienable right to the truth: Updated set of principles for the protection and promotion of
human rights through action to combat impunity; E/CN.4/2005/102/Add.18 February 2005.
21
DRAFT
Select target paragraph3
Add to table of contents