Research and Discussion Paper on a TJ Framework for Zimbabwe 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Truth Seeking and Truth Commissions Justice and Prosecutions Measures to prosecute International Crimes The Role of Regional Courts The Role of Hybrid Courts and Special Chambers Amnesty Pardons, Plea Bargains and Mitigation of Punishment Reparations Defining a “Victim” Official Acknowledgement and Apology Memorialization Guarantee of Non-Recurrence including institutional reform Vetting Gender Justice Expanding the Mandate of Transitional Bodies to include a focus on Socio-Economic and Cultural Rights The framework emphasizes that is important to • • • • • • not forget that there is no model transitional justice approach that can easily be transferred from one country to another. Each situation requires that the parties to the conflict, civil society, and victim groups negotiate the mechanisms appropriate to their circumstances. avoid a mechanistic application of the measures and, instead, follow a flexible normative approach; keep in mind that no single mechanism is capable of addressing the profound demands of justice and reconciliation; make a careful sequencing, planning and timing of the process, as it is not possible to implement all transitional justice mechanisms at the same time; balance carefully the demands for justice with the search for peace and reconciliation; make a country’s transitional justice policy to be locally owned and informed by extensive public consultations among all relevant actors and constituencies. 4.3.Can the swisspeace and the African Transitional Justice Framework be applied to the Zimbabwean Situation? The Swiss framework explains the four pillars of transitional justice. The question is can this framework be applied to the Zimbabwean situation? What makes Zimbabwe difficult for a proper transitional justice process until now? Is Zimbabwe a transitional state? What defines a country to be in transition? Reeler argues that “Zimbabwe is not in the kind of transition where transitional justice has any realistic chance of being applied”.32 This is true as, since independence, apart from the unity 32 Tony Reeler et al.: Transitional justice in pre transitional times-are there any lessons for Zimbabwe? www.hrforumzim.org/news/transitional-justice-in-pre-transitional-times-2 17 DRAFT