5.4 The position of victims
In addition to the recommendation in the Summary document that
there should be an extensive process of consultation with victims
and the broader Zimbabwean community about the establishment
of a TJRC, the document recognizes the right of victims of all past
human rights abuses to redress, and further recognizes that the
mechanisms to be established “ must be victim-centred, and must
be capable of addressing the needs of victims in a meaningful
way.” One of the tasks which civil society must undertake,
therefore, is to make specific proposals as to how victims are
indeed to be assured a central position in the whole set-up.
There is a wealth of experience from other countries that have
gone through similar transitions. It is a modern truism that no two
countries will find themselves at an identical starting point, and
that not only will the extent and types of violations differ from state
to state but so will the historical, political, social, cultural and other
contexts. However, this does not mean that Zimbabwe (or any
other territory) trying to deal with the past through a TJRC has to
re-invent the wheel. Obviously there should be a free and open
debate on all aspects of a TJRC, but there should be no
derogation from the fundamental and internationally recognized
right to a remedy and reparation for victims of gross human rights
violations. In as much as the TJRC is envisaged as playing a
central (but not exclusive) role in upholding these rights, any
attempts, innocent or otherwise, to sideline victims must be
vigorously resisted.
Victims need to be consulted from the start as to how they see
their interests being properly met. Once more it is stressed that if
this is left to a later stage there may be a real danger of their
concerns being brushed-aside in the rush of events. Specific
attention should be focused on victim communities as well as
individuals, and communication with them must not only be
strengthened in the run-up to the establishment of the TJRC but
must be maintained during its work, so that there will be feedback
on the success or otherwise of the whole enterprise.
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