21
gastrointestinal symptoms and motor symptoms being the most frequent.62 Motor and neurological symptoms are the likely
sequelae from violent beatings and other physical abuse.63
Zimbabwe has very high rates of reported events of physical torture; i.e., in Mount Darwin District, one out of every ten
adult is a torture survivor.64 Apart from beatings, many survivors report other forms of torture, such as, abnormal postures
for lengthy periods, submarino- place the person in water until the point of drowning, and electrical shock.65 Also,
survivors witness torture,
executions and violence to others.66 Last, survivors reported high rates of disappearances in their families.67 Given,
Zimbabwean’s culture, disappearances have an extremely detrimental psychological consequence.68 One defines their
individuality by reference to the family. Therefore, every individual misfortune is a misfortune for the whole family.69
When an individual dies, it is important for the whole family that traditional rites are observed. The failure to observe
traditional rites are
seen as leading to misfortune for the family.70 Thus when a person disappears, the whole family suffers, and the family
may suffer from misfortune, quite apart from being unable to grieve in the proper fashion.71 The Act is silent on most of
these
pertinent issues, and, in general, the Act derives its criteria for disablement from standard schedules that apply well to the
work place, but do not reflect the pecularities of deliberately inflicted injuries such as torture.
Given such physical and psychological ramifications, the issue of treatment or rehabilitation is a serious issue for
consideration, but the Act is silent on the matter of rehabilitation. The Act does state that, “a disabled person maybe
required by the Commissioner to under go such reasonable medical examination or treatment as the Commissioner
considers necessary or desirable in the circumstances,” 72 and it further states that if the claimant refused the required
treatment he may make a request in writing for the medical board to review the case.73 However, the Act speaks of
treatment as unwanted and involuntary,74 and it does not create the option for persons who may want treatment.75
Moreover, it leaves the Commissioner with the only power to diagnosis treatment.76 In addition, a claimant may receive a
refund for any necessary expenses incurred by him as a result of his injury, i.e., dental, nursing services, etc. He may
receive transportation allowance for any required trips.77 However, the
62
supra
supra
64 See Reeler, A.P., et al (1997), “Prevalence of Torture-related psychological disorders in Mount Darwin District”, (in preparation).
63
65
supra
supra
67 supra
68 Reeler & Mupinda.(1996), An Investigation into the Sequelae of Torture and Organised Violence in Zimbabwean war veterans, LEGAL FORUM, 8,
12-27; Reeler & Mupinda.(1995), Report of a pilot project to assist survivors of torture and organised violence in Mount Darwin District, Zimbabwe, AprilJuly 1995, Harare: AMANI.
66
69
70
71
72
73
74
75
76
77
supra
supra
supra
Sec. 10, War Victims Compensation Act, [Chapter 11:16].
supra
supra
supra
supra
Sec 11, War Victims Compensation Act, [Chapter 11:16].
Select target paragraph3
Add to table of contents