1.0 Introduction
On 10 February 2017, the Government of Zimbabwe gazetted the National Peace and
Reconciliation Bill [H.B.2, 2017.] (the new NPRC Bill) to put the National Peace and
Reconciliation Commission (NPRC) into operation and related matters. This bill is the
successor to the National Peace and Reconciliation Bill H.B 13, 2015 (the old Bill) which was
gazetted on 18 December 2015 and withdrawn from Parliament in May 2016 following
criticism by the National Transitional Justice Working Group (NTJWG), the Parliamentary
Legal Committee, as well as members of the public during the Public Hearings held from 10 to
18 April 2016. Among many weaknesses pointed out in this analysis, three stand out with the
potential to kill the Commission from its foundations. These are the lack of victim
centredness, interference by the executive in various ways as well as the deafening silence on
gender. These three must be addressed if the Commission is to be effective. A few things
have improved from the previous Bill. These are the Ministerial Certificate which can now be
set aside by the Commission, the reporting which is now direct to Parliament and is time
bound. There is still more that needs to be done to ensure that the law meets the acceptable
standards for a Commission of this nature. Such improvements are suggested in this report.
2.0 The Long Title
The NPRC Bill opens with a long title, which reads,
To put the National Peace and Reconciliation
Commission into operation; to confer additional
jurisdiction on the Commission, including the
investigative powers, to provide for the terms of office,
conditions of service, qualifications and vacation of office
of Members of the National Peace and Reconciliation
Commission and the appointment of the Executive
Secretary; and to provide for matters connected with or
incidental to the foregoing.
2.1 Comments on the Long Title
Extract from Liberia’s Truth
and Reconciliation
Commission Act of 2005
Recognizing that introspection,
national
healing
and
reconciliation will be greatly
enhanced by a process which
seeks to establish the truth
through a public dialogue which
engages the nation about the
nature, causes and effects of the
civil conflicts and the impact it
has had on the Liberian nation in
order to make recommendations
which will promote peace, justice
and reconciliation;…
The purpose of a long title is to give a short descriptive
summary of the subject matter of the Act. After reflecting
on the purpose of the proposed law, stakeholders felt that
the current title is weak and does not embrace the full purpose of the NPRC Law. The NPRC
Law is not just another Act but has a special place in the history of Zimbabwe as it inaugurates
Zimbabwe’s process of dealing with its past by confronting the legacy of violence and
commencing the process of transformation from a past of gross violence to a future of peace.
Hence the long title must clearly show that purpose. It thus needs to be emphasised that the
NPRC Law is not merely setting up an administrative tool for some simple task. It is a law of
monumental significance, requested for by the masses of Zimbabwe to open a dialogue on
violence, peace, truth and justice. A dialogue into the past and into the future is meant to
assist the people of Zimbabwe to engage with an ugly and frightening past in order to design
a better future.
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NTJWG Analysis of the NPRC Bill, March 2017