Research and Discussion Paper on a TJ Framework for Zimbabwe • recommend measures which may be taken whether judicial, administrative, legislative or institutional to redress past injustices and to prevent or forestall future violations or abuses of human rights. More than 10,000 petitions were received by the commission which included cases of “i) physical and mental torture, ii) unlawful arrest and detention iii) murder/assassination, iv) assault/battery, v) intimidation/harassment, iv) communal violence, vii) disappearances”.51 Findings: The commission concluded that the Nigerian military had been responsible for gross human rights violations and that besides the military elite, powerful and rich civilians had collaborated with the military to prepare the numerous coups.52 Public report: released unofficially Recommendations: The unofficially published report states that the commission has attempted to provide an overview of the extent of (our) moral, physical and institutional decay under military 53 rule. It also stated its disappointment that three former Heads of State and several former top government functionaries, when summoned by the commission, did not appear. It also stressed the unfortunate fact that regime security became an excuse for the excesses of state security agencies, leading to various gross human rights violations. The commission recommended compensations and reparations to the victims. It also recommended 54 reform and restructuring of the security sector reforms, the armed forces and the police. The Nigerian government responded by annulling the commission. The government of Obasanjo did not respect the recommendation of its own panel that it set up and, consequently, refused to implement any of its recommendations.55 Challenges faced: The commission was under-resourced and had limited powers: it could only make recommendations, not ensure arrests or prosecutions.56 Additionally, civil society was not given the opportunity to set the transitional justice agenda in the country.57 Lessons learnt: Although the truth commission was set up by the government to investigate past human rights violations, military and police perpetrator who were summoned by the commission did not appear, with no consequences. Moreover, the commission’s vast report and recommendations were ignored. 51 Guåker, Elisabeth: A study of the Nigerian truth commission and why it failed; http://bora.uib.no/handle/1956/6215 52 Charles Manga Fombad: Transitional Justice in Africa: The Experience with Truth Commissions; http://www.nyulawglobal.org/globalex/Africa_Truth_Commissions1.html 53 Human rights violations investigation commission report, Nigeria 2002; http://asabamemorial.org/data/oputa-report.pdf 54 Guåker, Elisabeth: A study of the Nigerian truth commission and why it failed; http://bora.uib.no/handle/1956/6215 55 Guåker, Elisabeth: A study of the Nigerian truth commission and why it failed; http://bora.uib.no/handle/1956/6215; see also Hayner, Priscilla B. Unspeakable Truths: Facing the Challenge of Truth Commissions. New York: Routledge, 2002 56 Human Rights Watch; https://www.hrw.org/legacy/wr2k2/pdf/nigeria.pdf 57 The Centre for the Study of Violence and Reconciliation and the “NIGERIA – The Colonial Legacy and Transitional Justice https://www.africaportal.org/documents/18022/Nigerian-Report-Electronic.pdf 27 DRAFT

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