prominence that it deserves. This must be scrutinised. Section 10 of the NPRC Bill provides for what is usually referred to ‘use amnesty’ for the sake of compelling witnesses to give evidence which may be self-incriminating. This is standard and must be done after consulting with the prosecuting authority which is provided for in the current NPRC Bill. Beyond that, no general or blanket amnesties must be permissible by any name. Amnesties are prima facie in violation of international law and have been known to promote impunity and recidivism. Zimbabwe’s past amnesties have been subject to international condemnation. The African Commission on Human and Peoples’ Rights (African Commission) in the case Zimbabwe Human Rights NGO Forum versus Zimbabwe (245/2002) noted that amnesties have a tendency of robbing victims of their access to remedy. The Clemency Order 1 of 2000 was found to be in violation of the African Charter on Human and People’s Rights. It is therefore recommended that the law must never give unchecked power to grant amnesty to anyone. 5.1 Suggestions on Amnesties All sections that make explicit or implied reference to general or unqualified amnesty must be removed. However, if any amnesty is entertained, it must not be hidden under any terms and it must be made explicit and qualified. It is known the world over that there are trade-ins in any transitional justice processes and amnesties can play a positive role in bringing about truth and healing. Where this is done, the powers to grant amnesty must be given to the Commission itself and must be worded to ensure that the amnesty provision prioritise the needs of the victims and are not used to promote impunity or reward perpetrators. The following is proposed in this regard: If the provision on pardon / amnesty is to be maintained in the NPRC Bill, the Commission must be given power to set up an Amnesty Committee which shall develop rules and principles upon which amnesty may be granted provided which include and cannot be in contradiction with the following principles: a. At least two members of the Amnesty Committee must be nominated by legitimate victim groups b. The rules and principles must be developed in consultation with victim groups c. No amnesty shall be granted for crimes against humanity, war crimes, sexual crimes, crimes that involve the abuse of children, murder and genocide d. Past amnesties shall be revoked where beneficiaries committed further crimes after benefitting from past amnesties e. Affected victims shall have a say in decisions regarding the granting of amnesties f. No blanket amnesties. Amnesties can only be decided on a case by case basis. 6.0 Giving Notice Before Investigations The old Bill required the Commission to give notice of any investigation it intends to carry out. This requirement has been taken out and this is positive and commendable. 10 NTJWG Analysis of the NPRC Bill, March 2017