Research and Discussion Paper on a TJ Framework for Zimbabwe
7. Adopt an Act which defines specifically human rights violation, as suggested for the
amendment of the NPRC Act.
8. Establish a specialized court for these cases, where judges and prosecutors are well trained
in transitional justice issues and have a victim-centred approach.
8.3.Amnesty
The Zimbabwean state government has given itself blanket amnesty for all violations it had
committed. This is against the rule of law and strengthens the already prevailing impunity. These
blanket amnesty laws are against international law. Blanket amnesty will allow the perpetrators
who have designed and masterminded the gross human rights violations to go scot free. If this kind
of blanket amnesty continues, there will be a vicious cycle of violations, disregarding the equal rights
of the people without discrimination. Blanket amnesty also undermines the notion of accountability
including reconciliation.
In order to remedy that situation, the adequate measure would be:
9. Repeal all previous blanket amnesties
8.4.Conditional Amnesty
Conditional amnesties have various objectives depending on the past violations. It can sometimes
persuade authoritarian rulers to hand over power. It can also provide an incentive to offenders to
participate in truth recovery and thus contribute to reconciliation.
A measure could be:
10. Discuss with all stakeholders whether a conditional of amnesty is an option for Zimbabwe.
And if yes, for which cases. Come-up with a catalogue.
8.5.Reparations
Reparations are a means to redress past gross and systematic human rights violations. These are
measures taken by states to redress gross and systematic violations of international human rights
law and/or international humanitarian law through the administration of some form of
compensation or restitution to the victims. States are obliged to provide adequate, effective and
comprehensive reparation to victims.
Reparations include restitution, compensation, rehabilitation or restitution: In criminal cases, one
of the penalties imposed is requiring the return of stolen goods to the victim or payment to the
victim for harm caused. For victims who have been internally displaced (IDP) the right to restitution
of their property is of utmost importance. Where restitution is not feasible compensation in
monetary form might be applied.
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DRAFT
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