rights violations by setting up commissions of enquiry. In other cases the government
responded to these problems by giving clemency to perpetrators of violence. For example,
government pardoned Gukurahundi2 perpetrators that included soldiers of the 5th Brigade
alleged to have committed serious atrocities. Key leaders of waves of politically motivated
violence (which resulted in deaths, mass displacements, rape, torture and other human rights
violations) ahead of successive elections between 2000 and 2008 have also been pardoned.3
After the disputed presidential election of June 2008, the Zimbabwe African National Union
Patriot Front (ZANU-PF), led by Robert Mugabe and the two Movement for Democratic Change
(MDC) formations, one led by Morgan Tsvangirai (MDC-T) and the other then by Arthur
Mutambara (now led by Welshman Ncube) signed a “Global Political Agreement” (GPA) that led to
the creation of an “Inclusive Government”. The GPA required the government to give
consideration to the setting of a mechanism to “properly advise on what measures might be
necessary and practicable to achieve national healing, cohesion and unity in respect of victims of pre
and post independence political conflicts”. This objective was not, however, realized since Organ for
National Healing, Reconciliation and Integration (ONHRI) which took up this function failed to
achieve tangible results that could bring lasting peace, for a number of reasons, which included
lack of political will and a limited mandate.
The formation of the NPRC brings new expectations for the country to effectively deal with its
violent past and build a new culture of peace. It is against this background that the Forum, IJR and
THIGJ organised this conference which brought together commissioners, civil society activists
and academics to share best practices (with examples from Commissions from four country case
studies - Guatemala, Kenya, Sierra Leone and South Africa), to come up with recommendations
and to consider the requirements and conditions for an effective commission that can
potentially fulfill its constitutional mandate.
2
Gukurahundi is a traditional Shona word, which means 'the early rain which washes away the chaff before the spring rains.' It is the word
used to describe a military operation against a civilian population in the Midlands and Matabeleland regions of Zimbabwe during the
1980s, see http://www.sokwanele.com/articles/sokwanele/gukurahundiinzimbabwe_29May2007.html, (Accessed on 27 May 2014).
3
Mugabe's power to grant pardons was derived from Section 31(I) of the old Constitution (entitled 'Prerogative of mercy'), to the following
effect: “(1) The President may, subject to such lawful conditions as he may think fit to impose – (a) grant a pardon to any person concerned
in or convicted of a criminal offence against any law…” This power was found in the 1953 Constitution to the extent that the governor and
later the head of state could grant a pardon to a person convicted of a crime. The prerogative was widened in the 1969 Constitution to
allow the head of state to grant clemency to those “concerned in” criminal activities, that is, to allow pardons prior to conviction, thus
precluding prosecutions of those covered by the clemency. Since 1987 the President has issued a series of “Clemency Orders” covering
both the Gukurahundi period and political violence during electoral periods. For example, Clemency Order No. 1 of 2000, published as
General Notice 457A of 2000 in the Government Gazette Extraordinary on 6 October 2000 granted pardon for 'politically-motivated
crimes' which were defined as 'any offence motivated by the object of supporting or opposing any political purpose and committed in
connection with the Constitutional Referendum…or the general Parliamentary elections…whether committed before, during or after the
said referendum or elections.' In terms of this order a free pardon was granted to every person liable to prosecution for any politicallymotivated crime excluding murder, robbery, rape, indecent assault, theft, possession of arms and any offence involving fraud or
dishonesty.
Truth Commissions: the Best Practices
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