Research and Discussion Paper on a TJ Framework for Zimbabwe
reconciliation measures.. The prisons were over-full of alleged perpetrators of the genocide,
burdening the economy. The conventional courts, including the International tribunal for Rwanda,
would have taken a long time to investigate the millions of cases. Thus, the state decided to
accelerate the process and established the Gacaca courts with semi-judicial powers, although the
judges didn’t even have basic knowledge of the rights of victims and perpetrators making the
balancing of community-based conflict resolution practices with fair trial standards very challenging.
However, traditional conflict resolution methods are very useful as preventive tools. They can be
used as early warning systems; they are tools to re-integrate perpetrators into the community; they
are tools to bring morality back to the community.
6.6.Summary of Lessons Learnt
From the cases of Nigeria, Uganda, Kenya, South Africa and Rwanda the following conclusions can be
drawn:
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Truth commissions do not or only very partially achieve the transitional justice goal of truth,
justice, reparation, healing and reconciliation.
It is in the power of the governments that have set up a commission of inquiry or a truth
commission to dissolve them anytime.
Governments do not have the political will to implement the recommendations of the
commissions.
Victims’ and survivors’ expectations are raised but because of lack of enforcement of the
recommendations they are being re-victimized.
Commissions are deliberately scarcely funded by governments.
Documents and records are destroyed by state agencies.
The credibility of commissioners is not always vetted properly, members of a commission
should be vetted continuously.
Commissioners can be intimidated by government agencies and thus have rarely dissenting
views.
Military, police and state security high command members do not appear when summoned
by commissions, with no consequences.
In some cases, witness protection was lacking.
Lack of clear and precise definitions of different legal terms in the enabling acts hinders the
work of commissions.
The reports produced by the commissions, if at all published, are too legalistic to understand
for ordinary citizens, thus they cannot demand the implementation of the
recommendations.
The success or failure of traditional conflict resolution methods, greatly depends on the type
of human rights violations.
Non-judicial methods are not suited for dealing with past gross human rights violations, but
are very useful in preventing violence at a community level.
Together with the official judicial system the traditional methods can only work at the ‘grass
root’ level to bring healing and reconciliation to a society.
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DRAFT
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