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
Select target paragraph3
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