ZIMBABWE: FROM IMPUNITY TO ACCOUNTABILITY
Given these imponderables, some might argue that it is premature
to be concerned now with TJRC legislation when, as far as is
known, serious political negotiations have not yet even properly
started. It is suggested, however, that although useful discussion
may be somewhat constrained given the imponderables already
mentioned, it would be a mistake for civil society to wait until after
transition before applying its mind to the required content of any
future TJRC statute. While it may be too soon to be concerned
with all the precise details that should appear in such a statute, in
the sense of trying to construct a draft Bill so to speak, what is
important is to seek to agree now on the principles that should be
contained in it if indeed a TJRC is to be established.
Civil society should position itself to assist any new dispensation
genuinely trying to craft an effective TJRC statute, and at the
same time ready itself to resist any new dispensation that tries to
back-pedal or side-step the problems involved. As has been said,
nobody can tell what direction things are going to take, but undue
optimism is probably as misplaced as undue pessimism. It would
be wrong to think that it will be safe to leave everything to any
Government to sort out the reparations machinery. A realistic
approach is to acknowledge that there will be strongly competing
calls for priorities and resources, given the scale of the over-all
crisis and the depths to which the country has sunk economically,
as well as in every other field. In this context the voices of victims
will not be heard unless a special effort is made to prevent them
from being drowned-out in the clamour that will follow the
transition to democracy and the return to the rule of law.
It is important to go back to the Summary, which states clearly
that an effective TJRC will need to be “ independent, credible,
efficient, adequately resourced, accessible and victim-friendly.”
The process of establishing a TJRC is intimately connected with
the likelihood of it arriving at truth, justice and reconciliation; the
extent to which it comes into being as part of a genuine ‘overall
transitional justice scheme’ will impact very directly on the
intended outcomes actually being achieved, especially from the
perspective of victims. Independence can only be achieved if
those with vested party-political interests are not granted
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