Research and Discussion Paper on a TJ Framework for Zimbabwe 5. Transitional Justice Actors and What the State Has Achieved or Not So Far in Zimbabwe This chapter deals with what has been achieved in Dealing with the Past in Zimbabwe and what the state has so far failed to accomplish. In the first part, the positive roles of various stakeholders in the process is described; in the second part, the focus is on legal gaps in the transitional justice process. 5.1.Transitional Justice Actors and what they have achieved or not Non-State Actors The Zimbabwean CSO as a whole, including faith-based organisations and the trade unions, have to be applauded for their tireless advocacy for victims of gross human rights violations. CSOs – with their very professional, highly educated and, most of all, dedicated staff – were and still are the main institutions that documented and continuously document all the violations committed by state agents and the ruling party. CSOs, against the government’s decisions initiated and compiled the first report on the Gukurahundi atrocities named “Breaking the Silence, Building True Peace” in 1997 by only interviewing the victims. The unofficial report documented that more than 20,000 people were killed by the state security forces. In addition, mass graves were discovered. It also recommended to initiate a national reconciliation process and offer a compensation package to those of affected victims. In 1988, President Robert Mugabe granted a general amnesty to the ruling party cadres and security forces who were responsible for the massacre at Matabeleland. CSOs are the core players for victims and survivors in the Zimbabwean situation. They gave the victims a voice and a space to tell their stories. Victims and survivors approach CSOs when their rights have been violated instead of addressing the state whose institution lack credibility and trust. CSOs assisted them by providing pro bono legal advice and by representing them in courts when possible. It was not the state but CSOs who provided psychological and other necessary treatments for victims and survivors. CSOs educated the citizens affected by the lack of the rule of law to demand their rights. The Zimbabwean CSOs outlined the minimum standards for an effective transitional justice process in Zimbabwe. Based on these they organized and held several conferences and meetings to exchange ideas with experts and practitioners from all over the world. They elected the National Transitional Justice Working Group (NTJWG), whose members serve voluntarily and are dedicated. The NTJWG, together with the CSOs, adopted the basic principles of transitional justice, the pillars of transitional justice. The group held several public meetings with victims and with communities. The NTJWG trained members of parliament on transitional justice issues. It is to the merit of the CSOs that the NPRC was established as one of the independent commissions in the Constitution of Zimbabwe in 2013. CSOs made known to the world that the state has not acknowledged the various violations committed under the reign of the government by the state and state-sponsored individuals and institutions. 19 DRAFT

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