The Zimbabwean Experience of Transitional Justice
psychological torture have all been recorded, with torture and mass psychological
torture comprising nearly ninety per cent of the total. This is all a matter of record.
The effects of impunity
As indicated earlier, Zimbabwe has an unenviable reputation for the use of
impunity in dealing with its human rights violations. This pre-dates independence
in 1980, and thus ZANU(PF) cannot be seen as the only miscreant in this respect,
but ZANU(PF) has turned the use of organized violence and torture followed by
impunity into an art form. This has disastrous effects upon the society, for, apart
from the terrible consequences for the victims of knowing that their assailants
will always walk free, the perpetrators learn that extreme violence is never
punished. This can only act as encouragement to use violence. Indeed, many
victims of the current violence have been informed quite baldly by their torturers
that this would be the case, and the perpetrators were vindicated in their terrible
prophecy by the imposition of the Clemency Order in October 2000. Indeed, the
names of some of those who were pardoned by the Clemency Order now reappear
as the names of people implicated in further torture in subsequent elections and
by-elections.
It is clear that impunity has had some minor beneficial consequences. It was
the case in both 1980 and 1987 that violence ceased. In 1980, the use of impunity
seemed to be the basis for peace, but it is also probable that the ending of the
war was itself strong enough motivation for peace. Undoubtedly there was a need
to reassure the soldiers from both sides that the peace would exclude personal
accountability. With hindsight, it may be that the decision to declare impunity in
1980 was hasty, and prevented Zimbabweans from learning the real benefits of
accountability.
This may be so because it is evident that the impunity and the policy of
reconciliation did not prevent the violence of the Gukurahundi, nor has it
prevented the re-emergence of hate, racism and violence currently. It also seems
to be the case that having impunity as a precedent encourages its further use,
and perhaps even encourages the use of violence as a political problem-solving
device. It even seems in the current violence that ZANU(PF) uses impunity as the
final part of its ‘campaign’ strategy: there are statements on record of victims of
the ZANU(PF) militia who were told that there would be no accounting for the
violence, just as there was during the 1980s.
International Conference on Transitional Justice, Zimbabwe
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