Research and Discussion Paper on a TJ Framework for Zimbabwe
and apology should always be followed by justice, accountability, knowing the truth,
memoraliaztion, reparation and measures to be taken for the guarantee of non-recurrence.
In Zimbabwe, there was no apology for any atrocities. Giving a statement about Gukurahundi,
where over 20,000 people were killed, as a ‘moment of madness’ is not an acknowledgment per se
but an insult to the victims and survivors. However, by establishing the NPRC, the state has in some
way acknowledged its wrong doings, which need to be investigated and the necessary remedies
applied.
Adequate measures include:
35. Publish to the public all findings of inquiry commissions.
36. Acknowledge and apologize to the victims and the nation.
8.9.Guarantee of Non-Recurrence including institutional reforms
The guarantee of non-recurrence is a pillar of transitional justice that strives to establish democratic
structures following a period of massive human rights abuse. To prevent the recurrence of such
abuses the state public structures and institutions including legislations should be reformed,
especially the police, the army and the security sector.
The aim is to establish good governance, accountability, transparency and the separation of power.
Generally, an accountable state structure, which adheres to the rule of law, respects, promotes and
implements the individual rights and freedoms enshrined in the constitution and international and
regional human rights treaties or customary law. The reformation of institution will hinder the
repetition of past human rights violations.
An institutional reform may include:
37. Structural reform: restructuring institutions to promote integrity, legitimacy and
accountability, building independence, ensuring representation, and increasing
responsiveness. Transforming the legal framework to ensure protection and promotion of
human rights. It also includes the creation of oversight bodies to ensure transparency and
accountability.
38. Vetting: examining personnel backgrounds during restructuring or recruitment, to remove
public office holders from their positions, if they have a past human rights abusive records.
The political willingness for institutional reform usually appears after a transition from authoritarian
to a democratic regime. Nevertheless, even in such a setting an institutional reform is a long-term
process. It is not possible to replace all institutions with new personnel, usually only the top
positions are replaced with new once. Transitional justice, in particular institutional reform, is a very
challenging exercise in an environment where it is disputed that there has been a transformation
from a repressive state to a more democratic one or at least a new regime. Nevertheless, on a
smaller scale, a gradual change within an institution to adhere to internationally agreed human
rights and humanitarian law can be achieved through training, advocacy and lobbying.
In the case of Zimbabwe, there has been no transition, so what can be done, to guarantee nonrecurrence at this stage?
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DRAFT
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