I n s t i t u t e fo r j us t ice a n d r eco n ci l iat i o n a fr ic a pr o g r a m m e
justice and reconciliation commission.14 Transitional-justice options for Zimbabwe were
discussed and participants initiated a process aimed at achieving justice for victims by
agreeing to engage in wider consultation within their own organisations, other civic bodies
not represented and with the general public. The symposium issued a declaration that stated:
Victims of all past human-rights abuses have the right to redress and to be consulted
about the nature of the mechanisms that will be established to address their needs.
The mechanisms that are established must be victim centred, and must be capable of
addressing the needs of the victims in a meaningful way. Prior to the establishment
of these mechanisms, there must be an extensive process of consultation with the
victims’ broader community about the mechanisms and the broader community
about the sorts of persons who should be made responsible for operating them.15
Subsequent efforts have been directed mainly towards documenting human-rights abuses,
offering humanitarian and legal assistance to victims, and advocating for legal, constitutional
and institutional reforms.
Discussions on transitional justice in Zimbabwe were also high on the agenda during
the 2008 talks between ZANU-PF and the two MDC formations (MDC-T and MDC-N) that
were initiated by the Southern African Development Community (SADC). These talks led
to the signing of the Global Political Agreement in September 2008, and culminated in the
formation of a unity government in February 2009. Later that year, the Organ of National
Healing, Reconciliation and Integration was set up to look into a policy framework for
national healing. This was widely seen as an acknowledgement by the unity government of
the need for a transitional phase; justice and redress were expected to follow.
The five pillars of transitional justice
Transitional justice has been defined as a response to systematic or widespread violations
of human rights.16 It seeks to provide recognition for victims and to promote possibilities
for peace, reconciliation and democracy. Transitional justice is not a special form of justice,
but justice as it applies to societies that are transforming themselves after a period of
persistent human-rights abuses. In this context, demands for justice must be balanced with
the need for peace, democracy, equitable development and the rule of law. Transitionaljustice mechanisms take international law and traditional justice into account.17 They also
recognise that, in contexts of transition, there may be unique local advantages and/or
practical limitations to the ability of governments to adopt specific justice measures.
The field of transitional justice makes use of and covers a range of disciplines (including law,
economics, psychology, history, public policy, forensics and the arts) to promote peace and
justice in societies ravaged by war and conflict. Within this broad range, transitional justice
focuses on five primary areas, namely: truth seeking and fact-finding; trials; reparations;
institutional reform; and memorialisation. Each of these is discussed in more detail below.
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Truth-seeking and fact-finding
Victims, their families and the society in general have the right to know the truth about
violations of human rights and humanitarian laws.18 They have the right to an official account
of what happened during a period of conflict, including general information regarding the
history of the conflict, systematic violations of rights that took place as part of the conflict, and
14 See Themba Lesizwe 2004.
15 See Themba Lesizwe 2004.
16 www.ictj.org [Accessed 12 February 2011].
17 www.peacebuildinginitiative.org [Accessed 13 March 2011].
18 See Hayner 2002.
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