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Varieties of justice
Patricia Hayner
From The Day After Mugabe, Africa Research Institute
November 01, 2007

Read more from The Day After Mugabe: Prospects for change in Zimbabwe

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It is a mistake, in any country, to allow the past to deter or prevent change that would lead to a better future. But it would be no less mistaken to believe that events of today and yesterday will not fundamentally shape that future and the manner in which change takes place. The challenge and the aim of transitional justice is to encourage and strengthen a change - a transition - by finding reasonable and appropriate means to address the need for justice.

It is unclear what Zimbabwe's justice policies might become. A multitude of questions remain open, and will require a national debate and close scrutiny in order to find the right manner of addressing the past. The issues of accountability and responsibility for current and past human rights abuses, economic crimes and other trespasses are among the critical outstanding questions which will loom large in any transition.

Recent years have seen public institutions weakened and politically compromised. The judiciary, police and other security institutions need to be fundamentally reformed in order to build independent and fully functioning systems that can protect the rule of law. Luckily, Zimbabwe has a still recent history of independent and high quality institutions, and many talents to draw on.

Economic crimes will also have to be addressed, in the context of a quickly crumbling economy. The theft and destruction of property, severe economic hardship and deaths must hold a central place in any historical review, and in any national plan to come to terms honestly with the country's past.

In part because of the economic devastation, those now in power may well have two different worries in relation to any political change. The more obvious is the risk of being held to account. But, equally, many of those in positions of power are likely to depend on their current status for access to economic, health and other benefits. Some of these may be little more than basic, or sometimes lavish, perks. In other instances, the benefits may be life-saving. Political change that puts these advantages at risk will be strongly resisted.

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