Research and Discussion Paper on a TJ Framework for Zimbabwe 8. A Possible TJ Framework for Zimbabwe – A Discussion Guideline Drawing from other countries’ experiences with Dealing with the Past, analysing international and regional norms and experiences in transitional justice, the research has established that for Zimbabwe to have a comprehensive, holistic, victim-centred justice, healing and reconciliation there is a need for a framework. However, the political situation is not yet conducive to any reconciliatory measures: • • • Impunity is still prevailing; there are suppressive laws, some of them from the colonial area, hindering citizens to exercise their rights; the political establishment, and the party which had committed – and is still committing - human rights violations, is still in power. All in all, Zimbabwe cannot be considered a state in transition. So, it is not surprising that the victims in Zimbabwe who have suffered a lot go without any kind of acknowledgment by the state, let alone redress. They are traumatized and marginalized. In case they have survived the violations, they are not in the position to sustain their families, they have less access to education, health centres, physiological counselling etc. The survivors of the Gukuhundi atrocities, e.g., are waiting over 30 years for any kind of acknowledgment, they are losing hope, they are not even allowed to rebury their loved once who are thrown in mass graves. It’s only the CSOs, supported by the international communities, that are providing counselling and representing them legally. Victims and their dependants and relatives cannot wait for the recommendations of the NPRC, which had this year presented its 5-years’ plan. Even if the NPRC makes recommendations there is no guarantee that they will be implemented by the state. The reason is that states tend to justify non-implementation with the state of the economy. A state which has enough resources for the security sector, the police and the army, should give victims priority. Various academic researches, opinions, lessons learnt had and are been written concerning transitional justice. Now there is need for practicability for the sake of the victims and survivors including the guarantee of non-recurrence. This discussion paper has shown the deficiencies of Zimbabwe’s transitional justice process and, in particular, of the NPRC Act. The next step is to also show a “way forward”, to show what should and could be done for the healing. Hence, the paper will, in the following, suggest measures, which can be taken by the state for the sake of the victims and the society as a whole, parallel to the activities of the NPRC, to accelerate the TJ process in Zimbabwe. * Please note this is just a guide for discussions among all stakeholders to come up with an agreed transitional justice framework for Zimbabwe. Thus, it tries to submit ideas as a guide for the various consultations. Additionally, it seeks to create brainstorming as to which measures can only be implemented by the state and which measure need the support of the CSOs. This section follows (partly) the structure of the ATJF concept, gives comments on each area about the current situation and suggests concrete measures that are deemed actionable in Zimbabwe under the current (or later) circumstances. 46 DRAFT