4.0 The Role of Independent Commissions
in Transitional Justice
The past few months have witnessed moments of great tragedy in
Zimbabwe with attacks against civilian population increasing. It is for
times like these that independent commission are expected to show
active solidarity with victims under siege. The commissions that are key to
this issue are the Zimbabwe Human Rights Commission (ZHRC), the
Zimbabwe Gender Commission (ZGC), the Zimbabwe Media
Commission (ZMC) and the National Peace and Reconciliation
Commission (NPRC).
4.1 The Zimbabwe Human Rights Commission
Many victims are greatly indebted to the work of the ZHRC in these
atrocities. Ahead of the Montlanthe Commission, the ZHRC received
complaints of the state violence against civilians. The ZHRC responded,
investigated the violations and issued a statement against the violations of
human rights. Following the atrocities related to the shutdown, the ZHRC
carried out an investigation and found that armed and uniformed
members of the Zimbabwe National Army and the Zimbabwe Republic
Police instigated systematic torture. The torture was organized, said the
ZHRC. It also found that the method of arrest and detention that was used
by the police and soldiers amounted to arbitrary arrests and detention, a
crackdown as opposed to law enforcement. The Government dismissed
the report as biased and offside on what really transpired. The ZHRC did
play its role effectively in exposing the fallacy of state denial of the
atrocities. As noted in the Zimbabwe Human Rights NGO Forum report,
On the Days of Darkness in Zimbabwe, the atrocities are still on-going by
the time of the compilation of this report. The Constitution in section 243
(1) (f) and (g) gives the ZHRC power to investigate any authority or person
alleged to have violated human rights. This will help in ensuring the right
to truth for victims. The ZHRC has power to also secure redress for the
victims. These Constitutional powers mean that the ZHRC can take it
upon itself to pursue the issues complained of by the victims against the
State and make sure that perpetrators are brought before the courts.
4.2 The Zimbabwe Gender Commission
Serious allegations have surfaced against the military for up to 16 cases of
sexual violence including 15 cases of rape against women. The Zimbabwe
Gender Commission (ZGC) is mandated by section 246 of the
Constitution to investigate cases of human rights violations relating to
9
STATE OF TRANSITIONAL JUSTICE IN ZIMBABWE
2018 REPORT
NATIONAL
TRANSITIONAL JUSTICE
WORKING GROUP
ZIMBABWE