Understanding role of Peace Commission

04 Feb, 2018 - 00:02 0 Views

The Sunday Mail

Dr Geoffrey Chada
The NPRC is required to produce annual reports during a 10-year period. Parliament can also require additional reports that it deems necessary.

The Commission uses these reports to make recommendations to Members of Parliament to make laws on specific issues.

The Commission must submit to Parliament reports outlining its full operations and activities.

The new Constitution of Zimbabwe was signed into law by former President Robert Mugabe on May 22, 2013 following a long constitutional reform process dating as far back as 1999.

One of the key features of this Constitution is Chapter 12, which establishes five independent commissions supporting democracy.

One of these independent commissions in this Chapter is the National Peace and Reconciliation Commission (NPRC), which has been given the mandate to ensure post-conflict justice, healing and reconciliation.

This Commission represents the final product of the efforts of many organisations, including political parties, churches, victim groups, NGOs, academics and international organisations that have been demanding the setting up of a commission or establishment of a centre for conflict transformation to help our society come to terms with its violent past and to create an enabling environment for peace, justice, harmony, social cohesion and unity.

This Commission represents the hopes of many victims and survivors of past human rights violations so that truth, justice, and healing and reconciliation may be realised in our nation.

This Commission represents an important national instrument to facilitate a national dialogue that has already started at various levels in the country.

The success of the NPRC will depend on the general support and participation of stakeholders at local and national levels, and the co-operation of the Government.

The national media are the NPRC’ s public voice to ensure that the Commission is made visible, its mandate and foundations are understood and supported by the generality of Zimbabweans.

What is the NPRC?

The NPRC is one of the independent commissions established by the Constitution of Zimbabwe Amendment (No 20) Act in 2013.

The constitutional process which began in 2015 proposed the establishment of an institution to be called National Peace and Reconciliation Commission whose mandate was to ensure post-conflict justice, healing and reconciliation, social cohesion and unity.

The NPRC was a product of a thoroughly and rigorous all-party constitutional process. It has a very broad constitutional mandate.

According to the Constitution, the NPRC’s main work is to realise post-conflict justice, peace, healing and reconciliation. The NPRC is a temporary Commission with a lifespan of 10 years.

It is expected to complete its work within the 10-year period. There is no agreement yet on when the 10-year period will really start.

The questions to be answered are: did the 10 years start in 2013 when the Constitution was signed into law? Did the 10-year period start when the Commissioners were sworn in on February 24, 2016 or did it start on January 5, 2018, the day the NPRC Act was gazetted?

The commissioners are waiting for finalisation of this matter. All operations and activities of the NPRC will be documented in yearly reports which must be submitted to Parliament through the responsible minister.

The NPRC may, through the same minister, submit reports to Parliament on particular matters relating to national peace, healing and reconciliation.

According to the Constitution, the NPRC should be composed of nine members, including the chairperson. The chairperson was appointed separately.

In December 2015, former President Robert Mugabe appointed eight members to the NPRC. These are Lillian Chigwedere, Geoffrey Chada, Patience Chiradza, Golden Chekenyere, Choice Ndoro, Charles Masunungure, Leslie Ncube and Netly Masanhu.

In February 2016, Dr Cyril Ndebele was appointed Chairperson of the NPRC. Dr Ndebele passed away on October 7, 2016 and is yet to be replaced.

Since the NPRC is a constitutional Commission set up to support democracy and to promote a culture of human rights, it has to be accessible to every citizen, particularly those who are victims, witnesses and perpetrators of past human rights violation.

Functions

The NPRC has a very broad mandate specified in Section 252 of the Constitution. The functions towards achieving the main goals and objectives of the NPRC are:

  1. To ensure post-conflict justice, healing and reconciliation. This is a very broad function under which the NPRC can almost do anything that is designed to lead to justice, after a period of violence, the healing of victims and society and the rebuilding of relations;
  2. 2. To develop programmes to promote national healing, unity and cohesion in Zimbabwe and the peaceful resolution of disputes;
  3. To bring about national reconciliation by encouraging people to tell the truth about the past and facilitating the making of amends and provision of justice;
  4. To develop procedures and institutions at national level to facilitate dialogue among political parties, communities and organisations in order to prevent conflicts and disputes arising in future;
  5. To develop programmes to ensure that victims of torture receive rehabilitative treatment and support;
  6. To receive and consider complaints from the public and take action on the complaints that the Commission considers appropriate;
  7. To develop mechanisms for early detection of potential conflicts and disputes and take preventive measures;
  8. To do anything to prevent conflicts and to promote peace;
  9. To conciliate and mediate disputes among communities, organisations and individuals; and
  10. To recommend appropriate legislation for appropriate action.

How it works

The NPRC is setting up a secretariat for daily implementation of its programmes and activities.

It is in the process of setting up priorities, developing the plans, identifying strategic priorities and shaping the message.

The Commission will receive complaints from the public and take action on complaints. This means the Commission will hold public hearings where witnesses and victims come to give testimonies.

The Commission can make investigations on human rights violations, violence that may lead to conflicts.

The NPRC is there to perform conflict resolution, conciliate and mediate disputes among communities, organisations and individuals. It is a restorative commission unlike the South African (Truth and Reconciliation Commission) which was retributive in approach.

The NPRC will carry out independent research and analysis for early detection of areas of political conflict and disputes and take appropriate measures.

The NPRC is required to produce annual reports during that 10-year period. Parliament can also require additional reports that it deems necessary. The Commission uses these reports to make recommendations to Members of Parliament to make laws on specific issues.

The Commission must submit to Parliament reports outlining its full operations and activities.

Commission appointments

Parliament flighted advertisements calling for nominations to the NPRC of people of repute, integrity and expertise.

The nominated people were screened. There were 33 men and women who then were called for interviews by a panel of parliamentarians.

These were reduced to 12 candidates. Names of the 12 candidates were then submitted to the President for final appointment of commissioners comprising four men and four women. The chairperson was the only commissioner appointed without an interview.

Commissioners must be independent and not be involved in party politics. They should be experienced in mediation, conciliation and conflict prevention; and management of post-conflict reconciliation or peace-building.

The commissioners were to be appointed for five years.

There are many categories of stakeholders, including Government, civil society and international development partners, traditional leaders and those generally interested in the peace movement.

 

Dr Geoffrey T Chada is an NPRC Commissioner. He shared this information exclusively with The Sunday Mail

 

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