Research and Discussion Paper on a TJ Framework for Zimbabwe period from 1 March 1960 to the cut-off date contemplated in the Constitution, within or outside the Republic, emanating from the conflicts of the past, and the fate or whereabouts of the victims of such violations; the granting of amnesty to persons who make full disclosure of all the relevant facts relating to acts associated with a political objective committed in the course of the conflicts of the past during the said period; affording victims an opportunity to relate the violations they suffered; the taking of measures aimed at the granting of reparation to, and the rehabilitation and the restoration of the human and civil dignity of victims of violations of human rights; reporting to the Nation about such violations and victims; the making of recommendations aimed at the prevention of the commission of gross violations of human rights; and for the said purposes to provide for the establishment of a Truth and Reconciliation Commission, a Committee on Human Rights Violations, a Committee on Amnesty and a Committee on Reparation and Rehabilitation; and to confer certain powers on, assign certain functions to and impose certain duties upon that Commission and those Committees; and to provide for matters connected therewith.”87 Findings: The commission is of the view “that gross violations of human rights were perpetrated in the conflicts of the mandate era. These include: The state and its security, intelligence and lawenforcement agencies and the ANC.”88The commission found that the South African government condoned the use of torture as official practice.89 Public report: Officially published 90 Recommendations: The TRC recommended a reparations program including financial, symbolic and community reparations and that each victim or family should receive approximately $3,500 USD each year for six years. The commission recommended prosecution in cases where amnesty was not sought or was denied. 91 Only few of the recommendations have been implemented by the government. Challenges faced: Particularly the human rights violations committee faced challenges with definitions deriving or missing from the Act. The Act prescribes that the TRC should focus on “the violation of human rights through the killing, abduction, torture or severe ill-treatment of any person.”92 Whereas the inclusion of ‘gross human rights violations’ in the Act was decisive, it limited the investigation of the committee on human rights violations pertained during the apartheid time. These violations were the denial of freedom of movement through the pass laws, forced removals of people from their land and denial of the franchise to citizens, by discrimination in such areas as education and work opportunities.93 87 Promotion of national unity and reconciliation act (Act 95-34, 26 July 1995); https://fas.org/irp/world/rsa/act95_034.htm 88 Legal Framework: The legal framework within which the commission made findings within the context of current international law, TRC report volume 6; http://www.justice.gov.za/trc/report/finalreport/vol6_s5.pdf 89 Ibid 90 Volume V of the TRC of South Africa report, this report is produced by the TRCs Committee on Human Rights Violations; http://www.justice.gov.za/trc/report/finalreport/Volume5.pdf 91 ibid 92 Ibid 93 Ibid 32 DRAFT

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