Research and Discussion Paper on a TJ Framework for Zimbabwe
attributed to the State and constitute gross violations of international human rights law or serious
violations of international humanitarian law”.44
The ACHPR commission has defined reparation as an eminent factor of healing, including
“restitution, compensation, rehabilitation, satisfaction - including the right to the truth, and
guarantees of non-repetition. The comment has defined reparation as an eminent factor of healing
as follows: “The ... overarching goal of these forms of reparation is to provide healing for victims of
torture and other ill-treatment. Healing entails making whole that which has been broken and
wounded. It seeks to restore the dignity, humanity and trust violated by torture and other illtreatment. It recognises and facilitates the journey of coming to terms with the torture and other illtreatment and dealing with the consequences of trauma and other injuries. It has physical,
psychological, social, cultural and spiritual dimensions and helps break the cycle of violence at
individual, family, collective, institutional and societal levels.”45
In this guideline, it is also stated that also a person, a legal person, or another entity than the state if
found liable for reparation to a victim, such party should provide reparation to the victim or
compensate the State if the State has already provided reparation to the victim. This is a very
interesting aspect also in the case of Zimbabwe: not only the state but identifiable individuals have
illegally overtaken farms, occupied diamond and gold mines, whereby evicting people from their
lands. Former land owners have not been compensated. Diamond revenues have just been
pocketed, people evicted from the mine areas have not been compensated. All this was and is being
done with the encouragement and the knowledge of the state.
Apart from human suffering, state-run illegal mining activities and occupation of farms, the
environment has suffered and communities were displaced. The UN guideline states in these cases
that “[i]n cases of substantial harm to the environment, restitution, if ordered, should include, as far
as possible, restoration of the environment, reconstruction of the infrastructure, replacement of
community facilities and reimbursement of the expenses of relocation, whenever such harm results in
the dislocation of a community”.46
The right to reparation for victims of gross and systematic human rights violations goes beyond the
reparation demands and rights of a criminal victim. Whereas a criminal victim can demand some
kind of reparation from the perpetrator according to the law, the victim/victims of state induced
violations find it difficult, if not impossible, to demand reparation.
The UN says: “Where public officials or other agents acting in an official or quasi-official capacity
have violated national criminal laws, the victims should receive restitution from the State whose
officials or agents were responsible for the harm inflicted. In cases where the Government under
44
Basic principles and guidelines on the right to a remedy and reparation for victims of gross violations of
international human rights law and serious violations of international humanitarian law; adopted and
proclaimed by general assembly resolution 60/147 of 16 December 2005
45
General comments No. 4, African Charter on Human and Peoples’ Rights: The Right to Redress for Victims of
Torture and Other Cruel, Inhuman or Degrading Punishment or Treatment (Article 5right to be free from
torture and ill-treatment), adopted during the African Commission’s Extraordinary Session on 27 February
2017; http://www.achpr.org/instruments/general-comment-right-to-redress/
46
Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power A/Res/40/34)
24
DRAFT
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