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Heal Zimbabwe holds National Peace and reconciliation consultative meeting
22 Jan 2016 at 05:27hrs | Views
On 19 January 2015, Heal Zimbabwe Trust held a National Peace and Reconciliation Commission (NPRC) Bill consultative meeting with 50 survivors of political violence drawn from 9 provinces in the country.
The Trust said the survivors included those of arson, assault, arbitrary arrests, sexual harassment, and those who had their relatives murdered.
"The consultative meeting afforded survivors an opportunity to debate, critic and analyse the recently gazetted NPRC Bill. While the participants were excited about the availability of the Bill, they also observed numerous shortcomings that should be addressed before the Bill passes into law. HZT will compile these views and come up with a position paper which shall be part of the advocacy and lobby strategy for a victim centred NPRC," said the trust in a statement.
The trust said some of the shortcomings survivors noted are that the NPRC Bill gives unreasonable powers to the Minister of National Healing (who at the moment is Vice President Phelekezela Mphoko), particularly, in Section 8 (7) and 9 (2). In the former section, the Minister has power to grant or deny permission for investigations while the latter section gives the Minister powers to deal with recommendations of the commission "in any manner that the Minister deems necessary."
"In addition, the Minister has power to appoint staff members to join the Commission in section 10 and 11 of the Bill which violates section 234 of the constitution. The survivors, however, argued that full powers conferred to the Minister amounts to interference with the Commission's independence guaranteed in section 235 of the constitution. Section 235 (1a) of the constitution says, "Independent Commissions are independent and are not subject to the direction or control of anyone," said the trust.
"The participants also bemoaned that the Bill, in section 7 (1), compels the NPRC to advertise or publish a notice before an investigation which can potentially encourage destruction of evidence and expose victims and witnesses to vulnerability."
The trust said they proposed that, instead, the NPRC should advertise its findings and recommendations to name and shame the offenders so as to deter future potential offenders.
"Besides, they also recommended that the Minister should not be involved in determining non-disclosure of certain information as is the case in section 8 (7). Other concerns were that the NPRC should be able to fundraise independently without approval from the Minister. In the current Bill [section 14 (1c)], the Minister must approve funding for the NPRC and this greatly compromises the Commission's financial autonomy,'' said the trust.
"However, the survivors welcomed the bill and acknowledged its importance. They appreciated that the Bill gave the Commission powers to investigate and summon people to appear before it. It was also observed that the Commission has a well gender balanced number of Commissioners."
The trust further During the meeting, the HZT Executive Director, Rashid Mahiya highlighted that the peace and reconciliation process required sincerity on the part of government, adding that a number of issues in the Bill lacked clarity. "...There should be clarity that this Commission seeks to deal with past cases of political violence and that the State was a major player in human rights abuses that took place; but there is an attempt to be diplomatic and say disputes and what not when we know that the majority of the cases have been political violence and the state was part of it..." Mahiya also said that what was needed was a limited role of the executive while also ensuring that there was clarity on the issue of reparation, remedies that should come to the victims of violence, the protection of the victims, perpetrators and organisations that were working with the victims," said the trust.
HZT urged the Government to heed the views of the Victims and Survivors of Violence during the Parliament's consultative hearings.
"The NPRC Bill should be victim centred and should clearly address past human rights violations," it said.
The Trust said the survivors included those of arson, assault, arbitrary arrests, sexual harassment, and those who had their relatives murdered.
"The consultative meeting afforded survivors an opportunity to debate, critic and analyse the recently gazetted NPRC Bill. While the participants were excited about the availability of the Bill, they also observed numerous shortcomings that should be addressed before the Bill passes into law. HZT will compile these views and come up with a position paper which shall be part of the advocacy and lobby strategy for a victim centred NPRC," said the trust in a statement.
The trust said some of the shortcomings survivors noted are that the NPRC Bill gives unreasonable powers to the Minister of National Healing (who at the moment is Vice President Phelekezela Mphoko), particularly, in Section 8 (7) and 9 (2). In the former section, the Minister has power to grant or deny permission for investigations while the latter section gives the Minister powers to deal with recommendations of the commission "in any manner that the Minister deems necessary."
"In addition, the Minister has power to appoint staff members to join the Commission in section 10 and 11 of the Bill which violates section 234 of the constitution. The survivors, however, argued that full powers conferred to the Minister amounts to interference with the Commission's independence guaranteed in section 235 of the constitution. Section 235 (1a) of the constitution says, "Independent Commissions are independent and are not subject to the direction or control of anyone," said the trust.
"The participants also bemoaned that the Bill, in section 7 (1), compels the NPRC to advertise or publish a notice before an investigation which can potentially encourage destruction of evidence and expose victims and witnesses to vulnerability."
The trust said they proposed that, instead, the NPRC should advertise its findings and recommendations to name and shame the offenders so as to deter future potential offenders.
"Besides, they also recommended that the Minister should not be involved in determining non-disclosure of certain information as is the case in section 8 (7). Other concerns were that the NPRC should be able to fundraise independently without approval from the Minister. In the current Bill [section 14 (1c)], the Minister must approve funding for the NPRC and this greatly compromises the Commission's financial autonomy,'' said the trust.
"However, the survivors welcomed the bill and acknowledged its importance. They appreciated that the Bill gave the Commission powers to investigate and summon people to appear before it. It was also observed that the Commission has a well gender balanced number of Commissioners."
The trust further During the meeting, the HZT Executive Director, Rashid Mahiya highlighted that the peace and reconciliation process required sincerity on the part of government, adding that a number of issues in the Bill lacked clarity. "...There should be clarity that this Commission seeks to deal with past cases of political violence and that the State was a major player in human rights abuses that took place; but there is an attempt to be diplomatic and say disputes and what not when we know that the majority of the cases have been political violence and the state was part of it..." Mahiya also said that what was needed was a limited role of the executive while also ensuring that there was clarity on the issue of reparation, remedies that should come to the victims of violence, the protection of the victims, perpetrators and organisations that were working with the victims," said the trust.
HZT urged the Government to heed the views of the Victims and Survivors of Violence during the Parliament's consultative hearings.
"The NPRC Bill should be victim centred and should clearly address past human rights violations," it said.
Source - Byo24News
