Transitional justice options for Zimbabwe
September 12th, 2008
The Zimbabwe Human Rights NGO Forum held a workshop on 9 and 10 September 2008 which drew participants from a broad spectrum of civil society in Zimbabwe to discuss the transitional justice options for the country. The participants to the workshop, fully committed to truth, justice, accountability and the need for sustainable peace in Zimbabwe resolved that there was need for transitional justice and set out the minimum demands for such a process.
Transitional justice generally refers to a range of approaches that states may use to address past human rights wrongs and includes both judicial and non-judicial approaches. It seeks recognition for the victims and to promote possibilities for peace, reconciliation and democracy. However such mechanisms can only be implemented in the event of a change, such as that which is likely to occur following the signing of the agreement by the political parties. Civic society organizations at the meeting agreed that given the history of human rights abuses in pre and post independent Zimbabwe, there was need for transitional justice mechanisms which would recognise the following fundamental principles: victim – centered; comprehensive, inclusive, consultative participation of all stakeholders, particularly the victims; the establishment of the truth; acknowledgment; justice, compensation and reparations; national healing and reconciliation; non-repetition (never again); gender sensitive; transparency and accountability, and nation building and reintegration.
The organizations present at the workshop, having agreed on these principles also set non-negotiable minimum demands for a transitional justice process. The civil society’s minimum demands include no amnesty for crimes against humanity, torture, rape and other sexual crimes, and economic crimes such as corruption; no extinguishing of civil claims against the perpetrators or the state; comprehensive reparations for victims of human rights violations; no-one should hold an official office who has been responsible for gross human rights violations and corruption; a credible and independent truth seeking inquiry into the conflicts of the past which holds perpetrators to account and which provides victims the opportunity to tell their story; independent monitoring and reform of the operations and structures of the police, army, paramilitary, security coordination, administration of justice, food distribution and other organs of state involved in the implementation of the transition.
The Zimbabwe Human Rights NGO Forum strongly urges the government to consider establishing a transitional justice mechanism that conforms to the principles set out by civics and also to take cognisance of the minimum demands of civil society in such a process.
Minimum demands adopted by participants at the Transitional Justice Workshop “Options For Zimbabwe” held at The Holiday Inn, Harare on 9 – 10 September 2008
1.   No amnesty for:
a.   crimes against humanity, torture and other international crimes;
b.   rape and other sexual based crimes;
c.   Corruption and other crimes of greed.2.   No extinguishing of civil claims against the perpetrators or the State.
3.   No guarantee of job security for those found responsible for gross human rights violations and corruption.
4.   Comprehensive reparations for victims of human rights violations.
5.   A credible and independent truth seeking inquiry into the conflicts of the past which holds perpetrators to account and which provides victims the opportunity to tell their stories with a view to promoting national healing.
6.   Independent monitoring and reform of the operations and structure of the police, army, paramilitary, security coordination, administration of justice, food distribution and other organs of state involved in the implementation of the transition.
7.   Development of interim or transitional rules to guarantee the rule of law and upholding of all basic rights during the transition, including the right to engage in political activities. These rules must be enforceable. They must be encapsulated in amendments to the Constitution or an interim constitution. Such rules must remain in place until free and fair elections are held and until a final Constitution, endorsed by the people, is in place.
8.   Achieve gender equity in official bodies and for transitional justice initiatives to pay particular attention to marginalized communities in Zimbabwe.
Via Media Release.
September 12th, 2008 20:30
Under normal circumstances justice should be done; justice should be seen to be done, and justice should be done quickly. We are not living in normal circumstances.
I believe that immediately on signing the power-sharing agreement there should be a total amnesty. However it should be a conditional or suspended amnesty. No-one who has committed any crime or atrocity should be held responsible on the condition that they do not default again. If after the amnesty they commit a further serious crime, then they should face justice for all the crimes they have committed before as well.
The main effect of this is to bring about peace immediately. This would be a massive incentive for all criminals to immediately stop their evil behaviour. It also gives a chance for repentance, forgiveness and salvation. In this life we are all given one chance to repent and to be born again. If we take this opportunity, our sins are forgiven and we are given a new start. We are born again, and in the eyes of God we are then completely sinless, as our sins have been paid for by Jesus on the cross. If God has forgiven our sins, then man can – and must – forgive them also. After all, if we don’t forgive others, we shall not be forgiven ourselves.
There are a huge number of people, who know very well that their behaviour has been atrocious. Many are probably sorry for what they have done, and are contrite and looking for a way out. This is their chance.
The unrepentant are sure to commit further offences and the law can then deal with them piecemeal in a way which will not completely overload the judicial system.
September 12th, 2008 21:26
This position is not one I can agree with. The South African experience shows that when there is truth telling or accountability then there is an accommodating response on both sides (even without the reparations, which is a whole other story). Without it…well, all you get is criminals running around free. Do you really think that people committed aggravated assault, murder, torture and rape because they were afraid of the MDC? Or maybe it’s because they were disturbed individuals under the guidance of psychopaths?
In situations where the truth was not told in SA, e.g. atrocities that took place outside the borders in military camps, problems ensued. People with low moral standards went on to hold office and they often continued to commit crime or to be corrupt, because that’s the kind of person they were. APLA terrorists were given amnesty – only to find that within a short time they were part of military style hit squads who robbed cash transport vans with cold-blooded efficiency. Robert McBride got amnesty….Eugene de Kock did NOT get amnesty and there is no better place for him than C-max, of that there can be no doubt!When he finally gets out, he will not be braaing any more people, that’s for sure. But what about his bosses? It shouldn’t be a different rule for them.
Even if amnesty is necessary at some stage, Zimbabwe should not make the same mistake again – where Rhodesian security forces literally got away with murder and sat with their fat pension cheques while liberation war veterans got nothing, until their just complaints were hi-jacked by a bunch of ignorant, greedy fakers. There are so many untold stories of trauma in Zimbabwe, going back to the 1970′s. We need to deal with that and honour what people went through, then people will truly honour freedom and democracy.
Are we saying that women who were gang-raped and their families, should go along with amnesty for the perpetrators? That these rapes were somehow contingent? I can’t believe anyone would accept that and wouldn’t want to live in a country where they did. Zimbabweans deserve better after decades of suffering.
September 13th, 2008 03:17
This is just one example (see article below from hararetribune.com) of why we need transitional justice. Let us not forget the victims.
“Peterson Kwenda (aged 60) was
one of the victims, shot in the leg by the Zanu PF MP for Magunje Frank
Ndambakuwa in April 2008, at the height of the government orchestrated state
violence that has to date led to the deaths of more than 100 supporters and
activists of the MDC.
Zanu PF youth led by the armed Ndambakuwa came for Peterson around 3am while
he and his family were asleep. They proceeded to set the grass thatched
kitchen alight and that’s when Peterson woke up, after hearing the terrified
cries of his 26 year old daughter. He then rushed to the burning kitchen to
try and save her from the inferno. He was then shot in the leg by Ndambakuwa
[and] fell to the ground.
The property and belongings inside, that had taken a lifetime for him to
acquire in a country where the economy is in total shambles was lost.
Ndambakuwa was in the company of Lovemore Banda and Joel Zvikwenyauswa, as
well as other Zanu PF supporters he failed to identify in the night.
Peterson managed to hide in his cattle kraal where the perpetrators could
not find him and they left for their base. The following day Ndambakuwa was
seen in the town of Karoi at a ZANU PF meeting at Karoi Primary school
waving his weapon and boasting to all that he had killed an MDC supporter.
A report was filed with the police at Chidamoyo who then wrote him a letter
enabling him to seek medical treatment. Chidamoyo Clinic had no resources to
deal with Peterson’s injury and in turn referred him to Karoi District
Hospital. The hospital was not adequately resourced and could not deal with
the injury also and had to transfer him to Harare.
Ambulances sent to fetch him at the hospital were returned to Harare empty
handed by members from the state security agency, the CIO and “war
veterans”. A plan had to be launched that had him smuggled from the hospital
into a waiting truck, after nightfall transporting him to a private clinic
in Harare. Unfortunately the delay in him reaching medical assistance was
too late and blood clotting had led to the wound being gangrenous.
The medical staff were left with no option but to amputate his leg below the
knee. He was then released from the clinic and only returned two weeks later
for review, only to be told that a small piece of bullet shrapnel that had
not been identified during his initial visit was still lodged in his knee.
It had caused the remaining section of his leg to be gangrenous again and
they then amputated the leg from the hip downwards.
Like the majority of rural dwellers Peterson Kwenda heavily relied on
subsistence agriculture to survive. He has a 50 year old wife and 6
children, the youngest aged 9, who all look up to him as the breadwinner. A
difficult life awaits him upon his return to his communal place a month
before the first rains and preparation of land for the 2008 – 2009 farming
seasons. Prior to the shooting he provided for his family and now it is the
other way round.
All things having been said and done he has to live with the painful fact
that the men who shot him, Frank Ndambakuwa is still a free man (who is now
one of our new parliamentarians) having faced no prosecution for the
shooting and various other serious violations to human rights he has
committed to date. Peterson on the other hand is faced with the audacious
task of rebuilding his burnt out home and continuing with a shattered life
with no property , six children to feed and only one leg to do it on.
My question to you is should this man Ndambakuwa be allowed to not only walk
free but be part of our legislature as a member of parliament? Irrespective
of what deals are signed by our leaders evil men like this must face justice
and help Peterson seek compensation. It is our duty to see to that.”
September 13th, 2008 10:48
Democracy is a doctrine that, like all past, present and future systems, is subject to evolution and refinement. Zimbabwe is but one example. Would it be acceptable to set a precedence of acts of violence and abuse on a population in the name of a group of politicians and then negotiate for them deals of amnesty, pardon and impunity from the basic principles of societal law, order and good conduct? Is this the way in which the so-called African Democracy is deemed to be an acceptable working model. If this system is in fact acceptable to Africa, it must be allowed that rape, murder and base human obscenities can also be untenable to other political systems.
I cannot imagine a scenario of Gordon Brown resolving his deteriorating political career by barricading Milton Keynes and organizing the beatings and killings of would be voters. I wonder how many in evil imperial Britain would accept a local MP campaigning at their doorstep backed by a group of club wielding thugs. Why should this be acceptable behavior for African people if it is not right for others? Even if we did allow a wild stretch of the imagination can we imagine further that France and Germany as part of the EU would countenance such behaviour on the basis of it being part and parcel of the Labour Party refining and developing it ethos. And would we expect a nation outside the UK/EU alliance, like the United States to say ‘Way to go, Gordy!’
Would Browns feet even touch the ground between Number 10 and the Hague?
Africa’s long cry has been to be incorporated equally onto the world stage. In reality full acceptance will remain elusive if its behavior continues to be unacceptable and more to the point, that such behavior should continue to hamper its economic and civil development. It also has to be reasonable to acknowledge that it has little hope of joining the group by attempting a revolution of the fundamental principles of those comprising the power alliance of the world’s nations.
I appreciate David Wheelers sentiments for Utopia, but surely it cannot be reached if the path is beset by hapless victims of the greed of a few, and the accommodation of highwaymen, misfits and murderers. They have no place in a decent society and should be weeded out and made examples of to deter other aspiring deviants.
Look at the photo’s top right of this page. Is this imagery to grace the pages of Zimbabwe’s history book. Probably not – they will be censured out eventually. Should we not equally censure and remove the perpetrators – now. Why wait for later?
Mugabe and his equally criminal cohorts have to be brought to justice – punishment must fit the crime – for the sake and sanity of future generations.
September 13th, 2008 20:16
Malcolm, I have only just read your marvellous and moving piece. You are 100% correct. It is the only answer to proper justice in a sane and decent world. But, unfortunately, Mugabe controls the military, and it seems will continue to do so, and he who wields the stick calls the tune (to mix metaphors for a moment). But also, never forget this, The diary of one’s conscience can only be read by oneself, and so long as those terrible criminals walk the earth free, whatever their standing in society may be, they will not be alone, their consciences will accompany them always. And the waiting hand of justice will be there to haunt them around every corner of their miserable lives.
September 14th, 2008 00:35
True Grit, thanks for the appraisal, and with you being a regular contributor to this blog I appreciate your comment.
You say that Mugabe weilds the stick – this is true. It should be remembered that there are in fact bigger ones around. To expand what I mentioned about Africa jostling for more meaningfull world recognition, it comes down to this frequent accusation of others meddling in their affairs. Of course, resistance should be made when outside states attempt to manipulate a nation with a view to exploitation. But Africa, and especially Zimbabwe, should learn to be discerning. Friends and foes are decided upon emotionally. China and Britain are two polarised examples. It is well noted, by the way,that China and the like have made not one single condemnation, no matter how diluted, of the atrocities in Zimbabwe.
Internally, Zimbabwe may be hampered in redressing the evils of past and present regimes. They should not denounce the support from outside to assist in these matters, and confuse such support as an affront to their sovereignty. Zimbabweans have the right to serve the welfare of that contry’s people, but this does not override their duty to the welfare of human society as a whole and as individuals. This is what is meant by HUMAN rights.
Zimbabweans will dishonour the rights of humans should they actively hamper or denigrate the efforts of others to do what they cannot or will not do. My appeal is largely aimed at those around the world to not blind themselves by any deals made between MDC and Mugabe and his JOC chiefs, and think that because Zimbabweans are ‘satisfied’ then everything else is nothing more than water under the bridge.
I hope that those beyond the repression and propoganda in Zimbabwe, the West and its democratic allies remain true to their previous stance, and recognise that beneath the apparent new Mugabe suit is the same evil body.
The waiting hand of justice may be around the corner but, to mix metaphors, it wont be harmed by a helpfull leg-up along the way.