Research and Discussion Paper on a TJ Framework for Zimbabwe Also with to other two terms−‘severe ill treatment’ and ‘damage to property’−, the commission had difficulties to decide exactly what constituted an act of sufficient severity or damage. 94 Eventually, the committee was able to define, after many debates, a working definition for the two subjects, e.g. arson would be considered as ‘severe ill treatment’ if it resulted in the destruction of a person’s dwelling to an extent that the person could no longer live there.95 The first human rights violations hearing took place in a context that was very antagonistic to the work of the commission with threats coming, presumably, from the right-wing sector. There was a determined effort to silence the voices of the victims and to stop the commission from exposing the atrocities that had taken place in the past. This experience reinforced the commission’s concern that stringent security measures needed to be maintained.96 Although the commission endorsed the international human rights norm that apartheid was a crime against humanity the TRC did not base its work on the effects of the apartheid laws and policies in the society. The commission has been criticised for this approach.97 The TRC also concluded that records were systematically destroyed between 1990 and 1994. Lessons learnt: Clear and precise definitions of terms are needed on which a truth commission can base its investigation. The definition of terms should not only include international human rights and humanitarian law definitions but also consider the modus operandi of a state and its agencies, whilst violating human rights. It is of utmost importance to have proper legislative and implementation mechanisms for the protection of victims and witnesses, during public hearings and afterwards. Reports of a commission should not be to legalistic. Transitional justice is victim-based, as such the reports should be understandable for them and not only for those proficient in legal terms. At least there should be a summary of the findings and the recommendations in the languages of the victims and survivors. Securing records on-time is very essential to conduct an evidence-based investigation, thus in its preparatory work a TRC should push for the archiving of records and documents. 6.5.Non- Judicial Transitional Justice method-the case of Rwanda After the genocide in Rwanda in 1994, leaving over one million people dead and thousands of rape victims, judicial and non-judicial transitional justice methods and processes were applied in a parallel way. The state decided to use the traditional non-judicial method ‘gacaca’ in an institutionalized way to resolve conflicts and reconcile the nation. Gacaca ”refers to ‘a bed of soft green grass’ on which a community and leaders known for their integrity and wisdom gathered to discuss and resolve conflicts. The traditional dispute resolution system dealt with issues within or between families and members of the same community, by sharing a drink as a sign of reconciliation”.98 94 Ibid, for example does teargas produce sever ill treatment? Or does arson fall under ‘damage to property? Ibid 96 Ibid 97 Legal Framework: The legal framework within which the commission made findings within the context of current international law, TRC report volume 6; http://www.justice.gov.za/trc/report/finalreport/vol6_s5.pdf 98 http://gacaca.rw/about/ 95 33 DRAFT