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: • • • • • • • • • • • • • • • 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. 35 DRAFT

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