UNPACKING TRANSITIONAL JUSTICE AND RECONCILIATION: A THEORETICAL FRAMEWORK

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An overview of the research

This research follows the growing debate in the peacebuilding discourse that top-down or official processes of transitional justice and reconciliation whether implemented by the government or international governing bodies, go so far but are not sufficient. Mobilizing the practices of justice emerging from within communities – which in this thesis will be referred to as tradition-based justice – is argued to help the conflict stricken communities better manage the aftermath of conflict. They are argued to be helpful not only because these practices for resolving conflicts are familiar to the local community but also because they are systematic, long standing and allow for ownership of the process. This research was, therefore, developed in response to the growing perception that existing, government-led initiatives for transitional justice and reconciliation in Zimbabwe have proven inadequate to building social harmony among conflict stricken communities, and that tradition-based approaches are gaining widespread appeal, despite the lack of empirical evidence concerning their efficacy.

Aim and objectives

The main aim of this research was to examine the avenues for justice available to community members affected by violence in Buhera and Mudzi districts, and to determine how they function in relation to meeting the expectations of the local community. A lesser aim was to establish in what ways, if any, the local processes of justice can contribute to the national transitional justice and reconciliation project in Zimbabwe.

Justification and relevance

Preceding doctoral research that has looked at non-state officiated initiatives to transitional justice and reconciliation in Zimbabwe include the work by Everisto Benyera (2014a) and Dumisani Ngwenya (2014), who conducted fieldwork in the Midlands Province and Matabeleland North Province, respectively.

Formulation and demarcation of the research problem

This study is situated in the contemporary peacebuilding debate, and argues that tradition-based justice processes provide leverage for conflicting parties in Mudzi and Buhera districts to manage conflict sustainably. The central question driving this research is: What are the justice processes used by the local people in Buhera and Mudzi districts? And in what ways, if any, can they contribute to transitional justice and reconciliation?

ABSTRACT
CHAPTER 1: INTRODUCTION
1.1 An overview of the research
1.2 Aim and objectives
1.3 Justification and relevance
1.4 Formulation and demarcation of the research problem
1.5 Defining the central concepts
1.5.1 Violence
1.5.2 Peacebuilding
1.5.3 Transitional justice
1.5.4 Reconciliation
1.5.5 Tradition-based justice
1.6 Research design
1.7 Research structure
CHAPTER 2: UNPACKING TRANSITIONAL JUSTICE AND RECONCILIATION: A THEORETICAL FRAMEWORK
2.1 Introduction
2.2 Three spheres of peacebuilding
2.2.1 Security as a sphere of peacebuilding
2.2.2 Governance as a sphere of peacebuilding
2.2.3 Transitional justice as a sphere of peacebuilding
2.3 The moments that shaped transitional justice
2.3.1 Henry Dunant, the Nuremburg trials and the birth of international laws
2.3.2 Third wave of democratisation and the peace versus justice dilemma
2.3.3 Transitional justice in the post-Cold War era: a call to end impunity
2.4 Mainstream mechanisms of transitional justice
2.4.1 Criminal prosecutions
2.4.2 Truth commissions
2.4.3 Reparations
2.4.4 Institutional reform
2.5 The link between transitional justice and reconciliation
2.6 The challenges of employing the liberal peacebuilding framework to transitional justice processes in contemporary Africa
2.7 Conclusion
CHAPTER 3: UNDERSTANDING TRADITION-BASED JUSTICE SYSTEMS AND TRANSITIONAL JUSTICE THROUGH A DECOLONIAL LENS
3.1 Introduction
3.2 Understanding the decolonial lens
3.2.1 Coloniality of power
3.2.2 Coloniality of knowledge
3.2.3 Coloniality of being
3.3 African perspectives of justice and the emerging discourse on transitional justice 3.4 Understanding tradition-based justice systems and how they are applied for transitional justice in parts of Africa
3.4.1. The Gacaca justice system
3.4.2 Magamba spirits
3.4.3 Acholi rituals
3.5 Challenges of the tradition-based justice system
3.5.1 Rwandan gacaca justice system
3.5.2 Mozambique magamba spirits
3.5.3 Ugandan rituals
3.6 Conclusion
CHAPTER 4: THE RESEARCH STORY
4.1 Introduction
4.2 Understandings of scientific research in various disciplines
4.3 Rationale for the selection of Mudzi and Buhera districts
4.3.1 Buhera district
4.3.2 Mudzi district
4.4 Ethnographic case study research method
4.4.1 Survey questionnaire
4.4.2 Interviews, Focus groups and Observations
4.5 Data analysis
4.6 Ethical considerations and challenges
4.7 Limitations of the study
4.8 Conclusion
CHAPTER 5: ZIMBABWE’S SOCIO-POLITICAL LANDSCAPE AND JUSTICE PROCESSES IN HISTORICAL CONTEXT
5.1 Introduction
5.2 Colonialism and the disruption of justice processes available to Zimbabweans
5.3 Post-colonial Zimbabwe and the transcending justice vacuum
5.4 Avenues for justice through the formal justice system in post-colonial Zimbabwe
5.4.1 The role of the formal justice system in addressing past injustices
5.4.2 The use of ad hoc commissions to supplement the formal judiciary system in postcolonial Zimbabwe
5.5 Avenues for justice beyond the borders of Zimbabwe
5.6 A turn to tradition-based justice systems in the absence of an enabling legal framework
deal with past injustices
5.7 Conclusion
CHAPTER 6: DYNAMICS OF VIOLENCE IN BUHERA AND MUDZI DISTRICTS
6.1. Introduction
6.2. Nature of violence
6.3 Who is responsible for orchestrating violence?
6.4 Impact of violence on the local community
6.5 Conclusion
CHAPTER 7: UNDERSTANDING JUSTICE AND JUSTICE PROCESSES THROUGH THE LENS OF THE LOCAL COMMUNITY
7.1 Introduction
7.2 Defining transitional justice and reconciliation in local terms
7.3 Avenues for justice
7.3.1 The tradition-based justice system
7.3.2 The formal justice system
7.4 What counts as justice to the local community?
7.5 Practices of justice available to the local community
7.5.1 Nyaradzo
7.5.2 Magadziro/Umbuyiso
7.5.3 Chenura
7.5.4 Nhimbe/ilima
7.5.5 Chigarisano, Pfiramate pasi and Svukamaronda
7.5.6 Kubvunzira/gata
7.5.7 Kuripira ngozi
7.6 Challenges of justice practices administered within the local community
7.7 Conclusion
CHAPTER 8: CONCLUSION AND RECOMMENDATIONS
8.1 Introduction
8.2 Overview of preceding chapters
8.3 Main conclusions
8.3.1 What forms of violence have been experienced by the people in Buhera and Mudzi districts?
8.3.2 What are the underlying assumptions and narratives of transitional justice and reconciliation among local communities in Zimbabwe?
8.3.3 What are the existing practices for conflict resolution among the local communities in
the two districts, and how do they function?
8.3.4 How do community members, the government and community leaders facilitate transitional justice and reconciliation processes at the community level?
8.3.5 What is the relationship between existing transitional justice and reconciliation processes (i.e. official vs unofficial) in Zimbabwe?
8.4 Reflections on the primary research question
8.4.1 Theoretical contribution
8.4.2 Methodological contribution
8.5 Recommendations
8.5.1 Recommendations for future research
8.6 Conclusion
9. BIBLIOGRAPHY