there are potential risks of injustices especially against women and child victims if due care is not
taken to put control measures on these processes which remain largely led by men. Indeed
arguments have been raised over the ineffectiveness of traditional justice mechanism in
Zimbabwe to deal with gross human rights violations such as torture and rape which are
proscribed internationally. ZIMCET and HZT are of the view however that digging in and not
allowing the process of traditional justice to be put to the test will not help the situation.
There are well documented cases and instances where traditional justice systems and institutions
have been utilized and they have delivered much needed justice and peace in communities.
Moreover, in many instances some of the crimes that have been committed are not regarded
as international crimes or gross human rights violations. In addition, in any implementation of
traditional justice mechanisms, there must be proof that the processes do not impinge on
fundamental principles of international human rights law. Thus, for example, traditional methods
of reparation through the duty to surrender a female relative as payment for a crime would be
unacceptable no matter how steeped in tradition they might be. Where people have been
wronged through theft of livestock, destruction of crops, houses, assault and other related crimes
there should be an effort to try and use traditional justice mechanisms which in Zimbabwe’s are
quite reparative and can lead to more peaceful co - existence in communities.
10.
RECOMMENDATIONS
ZIMCET and HZT recommend that if traditional justice mechanisms are to have any meaningful
impact on helping victims in Zimbabwe realize their rights to remedy and reparation, efforts
need to be made to reinvigorate traditional justice systems and apply them to current debates
on transitional justice through some processes outlined below:
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