45
·
·
The Government has also created, and the law enforcement agencies have
vigorously applied, highly repressive legislation;
These measures were directed at ensuring that the Government retained power
rather than overcoming resistance to equitable land redistribution and correcting
historical iniquities.
Whilst the victims of organised violence and torture were not represented as a constituency, the findings
of the Johannesburg Symposium nonetheless represent a highly considered position on the way forward.
The findings of the Symposium have already received serious analysis by at least one respected
international NGO, and this analysis points out the very real difficulties in obtaining justice within
Zimbabwe itself86.
This analysis by the Redress Trust points out that there are a number of critical areas that any policy of
reparations must take into account if it is to meet the needs of the victims and the demands of
international human rights standards.
86
·
Restitution: By this is understood restoring the victim, as far as is possible, to the
position he/she was in before the violation. In Zimbabwe some clear examples will include
the return to places of residence for those unlawfully displaced, restoration of employment,
return of property, restoration of family life and citizenship and other legal rights.
·
Compensation: This deals with economically assessable damage proportional to the
details of the violation, including: physical or mental harm, pain and suffering and
emotional distress, loss of opportunities including education, material damage and loss of
earnings, harm to reputation or dignity, costs for expert legal, medical, psychological and
social services. In Zimbabwe thousands of victims fall under this heading.
·
Rehabilitation: Here medical as well as psychological care is involved, as are legal and
social services.
·
Satisfaction: This is a wide component of nonetheless quite specific aspects, including:
cessation of the violation(s); full verification of the facts and public disclosure in a way that
doesn’t cause additional harm to the victim or witnesses; the search for the disappeared
and proper recovery, identification and reburial of those killed, done in accordance with
cultural rituals; an official declaration restoring the dignity, legal and social rights of the
victims and those closely associated with them; apology and public acknowledgement of
wrongs, and the admission and acceptance of responsibility; judicial (e.g. prosecutions) or
administrative (e.g. truth commissions) sanctions against perpetrators; commemorations
and tributes to victims; inclusion of the truth of what happened in national and
international human rights training, and in educational materials. The abuses over all
periods of the country’s history give rise to countless examples of the absence of any form
of satisfaction to date.
·
Guarantees of non-repetition: Again this is a wide field of specific remedies, including:
effective civilian control of the military and security forces; restricting military tribunals and
in accordance with international standards; strengthening an independent judiciary;
Here see Redress (2003) ZIMBABWE: FROM IMPUNITY TO ACCOUNTABILITY. ARE REPARATIONS POSSIBLE FOR VICTIMS OF
GROSS AND SYSTEMATIC HUMAN RIGHTS VIOLATIONS? LONDON: REDRESS TRUST.
IDASA: Zimbabwe at the Cross-Roads: Views of Zimbabwean citizens on democracy and transitional justice.
Select target paragraph3
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