Rehabilitation refers to the restoration of function or the acquisition of new skills required by
the changed circumstances of a victim in the aftermath of torture or ill-treatment. It seeks to
enable the maximum possible self-sufficiency and function for the individual concerned, and
may involve adjustments to the person’s physical and social environment. Rehabilitation for
victims should aim to restore, as far as possible, their independence, physical, mental, social
and vocational ability; and full inclusion and participation in society.
Amnesty means any measure that immunizes a person who has committed serious crimes
from criminal and civil liability.
4.0 Procedure, Powers and Functions of the Commission
Part II of the NPRC Bill provides, among other things, for the procedure, powers and
functions of the Commission. These however are just lumped up together and it is suggested
that this section be divided into the following four separate sections.
Functions
Powers
Procedures
Amnesty
4.1 Functions
Under this section, all the functions listed in section 252 of the Constitution must be listed
under this section.
4.2 Powers
The powers of the Commission must then be listed here and be derived from the functions.
The current Bill gives more powers and less functions to the Commission. The following table
is an example of how powers of the Constitution can be made to correspond with its
functions.
Function
Power
To ensure post-conflict justice healing and
reconciliation
The Commission shall have power to investigate past
violations of human rights, incidences of violence,
collect evidence, document and compile reports of its
findings and recommend any of the following
measures:
Prosecution of offenders/perpetrators
Reparations and rehabilitation for victims
Mediation for ongoing conflicts
Any other measures the Commission may
deem necessary
Catered for by section 3 (2) (a) of the Bill
To develop programmes to promote national
healing, unity and cohesion in Zimbabwe and
the peaceful resolution of disputes
To bring about national reconciliation by
encouraging people to tell the truth about the
past and facilitating the making of amends
and provision of justice
8
The Commission shall have power to establish a Truth
Committee or any similar mechanism of its choice, for
the purposes of undertaking truth seeking initiatives
that help realise the right of societies to an accurate
NTJWG Analysis of the NPRC Bill, March 2017