1. Introduction
On 18 December 2015, the government gazetted the National Peace and
Reconciliation Commission (NPRC) Bill which seeks to set up the NPRC as per the
provisions of sections 251 to 253 of the Constitution of Zimbabwe Amendment
number 20 of 2013 (hereafter the Constitution). To enhance public participation and
input to the Bill, between January and March 2016, Heal Zimbabwe conducted 13
public meetings and 67 consultative group trainings on the Bill targeting
marginalised communities that were most affected by violence and conflicts. A
total of 2202 people (1148 males and 1054 females) from nine provinces were
reached to gather their views and reactions on the Bill. Therefore, HZT wishes to
present views and comments collected, during the consultations, on a number of
areas that could undermine the effectiveness of the NPRC and its work.
It is important to acknowledge that the drafting of this NPRC Bill and swearing in of
Commissioners shows the government’s positive attitude towards operationalizing
the NPRC. The Bill ensures gender equality in the position of the Chair and Vice
Chairperson and that half of the members of the Commission shall be women. This
guarantees the participation of women in some of the highest decision making
bodies in the country.
However, the gazetting of the NPRC Bill is consistent with the provisions of the
Constitution but not substance. The Bill leaves out fundamental issues that relates to
community healing, justice and reconciliation, decentralisation of the NPRC. There is
little or no reference to the pillars of transitional justice including truth telling,
restoration, justice and reconciliation and memorialisation. Therefore, views in this
paper also touch on matters to do with constitutionalism, independence of the
commission, impartiality of the Minister responsible for National Healing, protection
and respect for the victims’ rights; the day to day operations of the NPRC and the
ultimate result that the NPRC seeks to achieve. Without paying attention to the
below suggested issues, it would be futile to invest so much effort in a Bill that in the
end will create an ineffective commission that cannot facilitate dependable and
sustainable social cohesion within communities.
2. Context
The Constitution adopted in 2013 provides for the establishment of a National Peace
and Reconciliation Commission (NPRC) aspiring to promote national healing,
reconciliation and peacebuilding. In response to this constitutional provision, the
government gazetted the NPRC Bill on 18 December 2015 to give effect to sections
251, 252 and to 253 of the Constitution. If passed into law, the Bill will provide the
legal basis on which the NPRC will implement its mandate. However, HZT believes
that in its current form, certain sections of the NPRC Bill are ultra-vires the Constitution
and go against the spirit in which the setting up of this body was envisaged.
It is important to note from the outset that Zimbabwe’s narrative of violence and
conflict since the pre and post-independence eras is overwhelming and requires a
holistic approach to address its remnants and effects. Before 1980, the Zimbabwean
populace were subjected to inhuman treatment, torture and perpetual violence by
the colonial regime. Piece meal efforts to facilitate reconciliation and healing were
made through the Lancaster House agreement which led to Zimbabwe’s
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