4.9 As a general observation, it is noted that the Bill is silent on gender and there is a need for a specific gender section. It is recommended that a separate section must be inserted on gender. This section must set up a gender unit or similar mechanism of choice which will do the following:
(a) Develop specific guidelines and rules on how the Commission will incorporate gender into its work;
(b) Develop strategies to encourage the participation of women, girls and other marginalised groups in the work of the Commission; and
(c) Facilitate gender equity into the structure of the Commission.
5.0 Conclusion
Generally the Bill did not receive wide acceptance from the members of the public. More specifically, the Bill did not deal with legal issues pertaining to previous amnests granted, and the period which the Commission has jurisdiction over. Also, the Bill failed to define salient terms and references, particularly the issues to do with perpetrators and victims. It is silent on the procedures to be used in ascertaining one’s status as a perpetrator and/or victim. At the centre of any healing process are victims. The Constitution states in section 252 that healing is one of the functions of the NPRC. It further talks about providing rehabilitative treatment and support to victims and survivors. This healing cannot be achieved if victims are left in the margins of the process. I thank you.
HON. GONESE: Thank you very much Madam Speaker Ma’am. I would like to contribute to this debate on the Bill which was introduced in this august House. At the very outset Madam Speaker Ma’am, I would like to point out that the Hon. Vice President, who is in charge of peace and reconciliation does not seem to be committed to the issue – [HON. MEMBERS: Hear, hear.] – To begin with, he is not even here to pilot the Bill itself. He was not even here when the Bill was read a second time. Instead, this was done on his behalf by the Hon. Minister of Local Government, Public Works and National Housing.
I have looked at the Second Reading Speech, which was presented to this august House and with due respect Madam Speaker Ma’am, this is really very shallow. The purpose of a Second Reading Speech is to outline the principles to indicate the mischief which the Bill intends to cure. Alas! Madam Speaker, this Second Reading Speech, all it does is to regurgitate what is in the Preamble of the Bill. It does not tell us why we need to have this commission, what the motivation is, the history of our country, which led the framers of our Constitution to include this Commission as part of the Independent Commissions supporting democracy.
I therefore wish to submit that it is very disappointing that the Hon. Vice President does not seem to have any interest in the principles and objectives for which the Commission is being established. That is my starting point.
When you look at the Second Reading Speech, all it has done is to give us a summary of the relevant Clauses. It does not speak to the real issues and the real issues are that; sadly in this country we have had a history of conflict and we are looking at the very beginning when this country was colonised, even going back to the time when we had to liberate ourselves. Issues of conflict arose in the liberation of this country, resulting in the policy of reconciliation in 1980. Unfortunately, even after attaining our independence, we have had a sad history of a lot of conflicts. We have the Gukurahundi incidents which happened in Matebeleland and in the Midlands.
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