Research and Discussion Paper on a TJ Framework for Zimbabwe The right to the truth Victims and survivors of gross human rights violations and missing people’s relatives in Zimbabwe still do not know the truth about what happened, why it happened and who committed the violations. The NPRC established by the Constitution is mandated in section 252 (c) and in the Act “to bring about national reconciliation by encouraging people to tell the truth about the past and facilitating the making of amends and the provision of justice”. What is remarkable is that both legal foundations are encouraging people to tell the truth but not government institutions and parties. How can the victim make an evidence-based oral or written complaint (Act, 8(2)) without him/her or the legal representative having access to official documents, an access which the state has? Zimbabwe, in unison with many other authoritarian states, tends to interpret the ‘security’ of the state extensively rather than victims’ and survivors’ knowing the truth. When we scrutinize section 10 (7) of the NPRC Act it states that “… the Minister responsible for national security may, at any stage during an investigation by the Commission issue and lodge with the Commission a certificate to the effect that the disclosure of any evidence or documentation or class of evidence or documentation, is in his or her opinion, contrary to the public interest on the ground it may prejudice the defence, external relations, internal security or economic interests of the state.” The Act concludes that such hearings should be hold on camera. Consequently, the investigation power of the NPRC is limited by the NPRC Act. However it cannot base its investigation only on the narratives of the victims or survivors; it needs supporting documents from state and none-state agencies. It is unfortunate that this clause was included in the Act of an independent commission which should uncover past human rights violations, without any interference from the state apart from providing all the necessary support. It has to be noted that the right to the truth, if fully and effectively exercised, provides a vital safeguard against the recurrence of violations35, another pillar of transitional justice. In conclusion, there is a need to repeal any laws which hinder the access to information and undeniably, there is a need to enact a law for access to information by anyone. The right to the truth can only be exercised, when all legislative gaps have been dealt with. Apart from access to information there is need for a standalone witness protection act. The right to justice In general the right to justice implies the right of any individual to access to justice without discrimination and have a fair trial. 35 Principle 2: The inalienable right to the truth: Updated set of principles for the protection and promotion of human rights through action to combat impunity; E/CN.4/2005/102/Add.18 February 2005. 21 DRAFT