serious human rights violations, not least in Zimbabwe itself. The
difficulties of prosecuting large numbers of perpetrators and the
need to encourage truth-telling and foster reconciliation might
sometimes be seen as justifications for the adoption of amnesties,
and the South African process of conditional amnesties is often
invoked as a model to be emulated in this context. Even there,
however, the process has not been without its severe critics,
despite what was seen as a necessary compromise to facilitate
14
the political transition.
REDRESS has consistently argued
against the use of amnesties for serious violations of human rights
and humanitarian law, not only because of their illegality under
international law but also because of the apparent considerable
15
opposition of victims to amnesties.
Whatever the merits or
otherwise of arguments in other specific situations, Zimbabweans
at the symposium showed themselves to be aware of the dangers
involved in amnesties, and their incompatibility with justice for
16
victims and with building a society based on lasting peace.
The pre-Independence crimes of the UDI period and before were
never investigated, and neither were those of the liberation
movements. These violations and the subsequent impunities
created the foundations for the human rights abuses experienced
in the 1980s and beyond. Behind closed doors at Lancaster
14
An attempt to challenge the amnesty aspect of the TRC as being unconstitutional was
unsuccessful: see the case of Azanian Peoples Organisation (AZAPO) and Others v The
President and Others, Constitutional Court of South Africa, Case CCT 17/96, 25 July 1996,
discussed
in
the
REDRESS
South
African
Country
Study
at
p.8-9
http://www.redress.org/publications/Audit/South Africa.pdf
15
The perceptions that torture survivors have of reparations indicate the wide range of
components involved. What is clear is that many victims see an important aspect of their quest
for justice to include punishment of perpetrators, which precludes amnesties: see REDRESS
Torture Survivors’ Perceptions of Reparation – Preliminary Survey, London, 2001:
http:/www.redress.org/publications/TSPR.pdf It has been recorded that numerous victim
surveys have found that almost everyone, and especially victims, want accountability through
some form of punishment: C. Barton, “Empowerment and Retribution in Criminal Justice”, in H.
Strang and J. Braithwaite’s (Eds.) Restorative Justice: Philosophy to practice, England,
Ashgate, 2000, p.59.
16
See the Summary (Appendix II) p.vii: “Insisting that strategies must be pursued that will
cater for the needs of victims of violence and that victims will be consulted about their needs
and what the victims perceived as being the most appropriate mechanisms for satisfying their
needs,” and “Understanding that lasting peace can only be achieved where human rights
abusers are held accountable and meaningful steps are taken to try to heal the grievous
wounds the violators inflicted on their victims and the society.”
7