Govt should use traditional justice systems: Human rights groups

via Govt should use traditional justice systems: Human rights groups – Southern Eye March 15, 2016

HUMAN rights groups have called on government to use traditional court systems alongside other transitional justice mechanisms in dealing with past human rights abuses to ensure post conflict justice, healing and reconciliation.

BY NQOBANI NDLOVU

In a 30-page transitional justice policy brief titled Exploring Indigenous Transitional Justice in Zimbabwe, the Zimbabwe Civic Education Trust (ZIMCET) and Heal Zimbabwe Trust (HZT), said traditional justice systems had successfully been used in other countries such as Rwanda.

“They have been deployed successfully in the Rwandese Gacaca courts, the Mato oput of Uganda, Barza intercommunautaire of DRC and Bashingantahe of Burundi, among other countries.

“Whilst traditional mechanisms of transitional justice are not panacea for all ills, they are an approach that so far has been underestimated by actors. They demonstrate that beyond the State, there are other existing institutions and actors for ensuring peace and justice,” the HZT and ZIMCET said in their policy brief.

According to Section 21 -253 of the Constitution, the National Peace and Reconciliation Commission (NPRC) is tasked to ensure post conflict justice, healing and reconciliation.

The HZT and ZIMCET said the traditional justice systems need also to be incorporated to assist the NPRC.

“If traditional justice systems are administered effectively they can prove to be more transparent, less expensive and therefore more accessible, more in touch with community values, more conveniently located, and easier to understand than their formal system counterparts due to the use of familiar and indigenous languages.

“Indeed, studies have also shown that that those who preside over the traditional justice mechanism and processes are largely trusted in communities which offer significant opportunities for reconciliation and dispute resolution in non-adversarial ways,” the human rights groups said.

The HZT and ZIMCET said traditional justice systems have shown their efficacy in achieving truth seeking, acknowledgment, reconciliation, deterrence, reparations, enhanced community unity and security, justice and closure among communities.

“Traditional justice mechanisms have a way of bringing closure to most cases of human rights violations and community crimes. When victims and perpetrators meet, discuss and finalise the outstanding issues, there is usually an agreement to bring closure and finality to the case.

“This usually takes the form of performing traditional rituals such as nyaradzo/memorial service for the deceased, kurova guva/umbuyiso and kuchenurwa/cleansing for the perpetrator.

“In addition, because the fate of the disappeared, dead, stolen livestock is known, it becomes easier for victims’ families to get death certificates, and even finalize the Estate of the deceased.

Inheritance issues can also be dealt with in cases where families would not have distributed the estate fearing that the person might emerge one day,” the HZT and ZIMCET said.

COMMENTS

WORDPRESS: 3
  • comment-avatar
    Loud Speaker 6 years ago

    Im not convinced.We are no longer subservient and accept everything our elders say without questioning them. Besides how will these judgements be enforced?
    I suppose for trivial matters then yes.

  • comment-avatar
    Method Gundidza 6 years ago

    Well said…Indigenous justice system is restorative and does not send anyone to jail and give the state a burden. You pay muripo wako to the complainants and life moves on as usual….This is a system that has worked all this time until only about 100 years ago when the so-called Roman Dutch law brought jails/prisons.

    Thanks guys and I support you in lobying government to see things properly and not be overcome by unneccesary aspects of civilisation…..of course because of the scourge of westernisation, the Indegenous leaders may have back up from the Western courts for those more mischevious elements who now disregard traditional leadership…pamberi nemi guys. Keep doing the good work

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    Pardon Kanhenga 6 years ago

    It’s unfortunate that in Zimbabwe our traditional leadership has become an extension of the ruthless party. I subscribe to our cultural courts but Zimbabweans are no longer well informed of their culture because of Christianity. They no longer hold cultural values in high esteem. Colonialism has been very effective in Zimbabwe.