5. Prospects for Reconciliation
societies (Mendez 1997, Dwyer 1999, Greenawalt
2000).
In view of the foregoing debate, Zimbabwe’s
experiences and the retrogressive impact of past
wrongs provide enough basis for the reconciliation. In
the wake of a new Constitution (2013) whose Chapter
12 (Section 251 – 253) specifically deals with the
National Peace and Reconciliation Commission, there
is increasing momentum for the operationalization of
a feasible framework of operation. The efforts and
distance covered by previous initiative such as the 1980
reconciliation call, the Unity Accord and the GPA and
their related institutions should all serve as pointers for
a new mechanism and institutional landscape to learn
from. The country also prides with robust customary
and indigenous institutions with legendary histories of
dealing with communal violence at a local level. Given
our functional institutions, justice with capacitation
and good will, the country could be on the path
for a successful reconciliation process provided the
political environment is detoxified and we plan for
reconciliation not for the present, but also for the
future generations. Further, the citizenry itself is ready
for it and the buy-in for reconciliation is guaranteed.
Given the obtaining political and administrative
feasibility, Zimbabwe’s reconciliation will definitely
take off sooner rather than later. However, a baseline
establishing specific progress markers and systems
for reconciliation and integration remain important,
hence the significance of Heal Zimbabwe’s Peace and
Reconciliation baseline survey.
In framing the relationship between justice and
reconciliation others see doing justice as contributing
to reconciliation (Verdeja 2009; C. Murphy 2010).
From their perspective, justice and reconciliation are
not fundamentally or necessarily in conflict. Justice
may even be a precondition for reconciliation in cases
where allowing impunity for serious wrongdoing would
fuel resentment and undermine trust in institutions.
Even if individual wrongdoers are further alienated by
punitive measures, holding them accountable may be
productive of a broader reconciliation among victims
and other members of the community, as well as
among future generations.
Instead of conceptualizing the relationship between
justice and reconciliation through the processes that
promote each value, a different set of views consider
instead the core moral concerns constitutive of each
value. According to some scholars, reconciliation and
justice are compatible, though distinct, moral values,
and a variety of processes can respond to the moral
concerns each value takes up (Allen 1999, Allais
2012). That is, responses to wrongdoing can be just
and conducive to reconciliation in different degrees.
Responses to wrongdoing may promote some aspects
of justice (such as demands for recognition of victims
and accountability for perpetrators), but not others. For
example, this view can accommodate the claim, made
during the South African TRC, that wrongdoers are
held accountable when they are required to undergo
the shaming experience of testifying publically to
their crimes (Final Report, 1998, vol. 1, ch. 1, para
35). Similarly they may foster some dimensions
of reconciliation (such as epistemic or attitudinal
changes), but not others.
A final view is that reconciliation is (part or all of)
justice (Llewellyn and Howse 1999, Philpott 2012).
Theorists who adopt this position regard it as a
mistake to equate justice with retributive justice. In
the view of advocates of restorative justice, justice is
fundamentally about repairing damaged relationships.
Tutu famously responds to the criticism of the TRC’s
decision not to pursue retributive justice by saying,
“We believe, however, that there is another kind of
justice – a restorative justice which is concerned not so
much with punishment as with correcting imbalances,
restoring broken relationships – with healing, harmony
and reconciliation” (Final Report, Vol. 1, Ch. 1, para.
36). It is difficult to provide a definitive account of
restorative justice. However, the emphasis is on
achieving a morally appropriate state of relations,
where victims’ needs for recognition, security and
reparations are giving special emphasis (Kiss 2000,
Walker 2006). It may now be appropriate to look
into the legacy of violence in Zimbabwe before one
looks at the prospects for reconciliation
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