Research and Discussion Paper on a TJ Framework for Zimbabwe
8.1.Truth Seeking and Truth Commissions
The NPRC enabling Act
As mentioned above, the NPRC enabling Act suffers from various deficiencies regarding important
definitions and topics.
Proposed remedial measures include the amendment of the NPRC Act:
1. Define specifically the types of human rights violations including the type of violations that
that occurred during the time which has to be investigated.
2. State time period to be investigated (cut-off day) .
3. Give the NPRC the power of search and seizure.
4. Enable the NPRC access to archives of both state and non-state actors.
Witness protection
The NPRC Act gives the responsibility of witness protection to the NPRC (Part II NPRC (13) NPRC Act).
The Act is very vague in citing that the Criminal Procedure and Evidence Act shall apply with
necessary changes. It is the obligation of the state to adopt a standalone Witness Protection Act for
the truth telling process as soon as possible.
A proposed measure is:
5. Adopt a standalone Witness Protection Act.
Archives
Archives are important measure to promote the right to the truth. The state should ensure the
preservation of and access to archives concerning violations of human rights and humanitarian law.
The appropriate measure would be:
6. Adopt an Access to Information Act to enable transitional justice institutions, the media and
victims representatives to access the archives of the various state institutions, especially the
record of the military and the police) for the purposes of investigations, prosecutions and
vetting procedures.
8.2.Justice and Prosecutions
Since the inception of the NPRC, it is now the responsibility of the commission to investigate cases
and, where it sees deemed appropriate, refer the cases to the courts. In the case of Zimbabwe there
are two challenges: In the light of the multitude of cases of human rights violations the domestic
courts are, from a resources point of view, not capable to deal with. Second, there is no domestic
legal frame for case under the transitional justice prosecution.
Measures
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DRAFT
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