Civil society and informal mechanisms of transitional justice : filling the gap of accountability and acknowledgement for the 2008 electoral violence in Zimbabwe

Abstract

In the absence of an effective state led mechanism for dealing with issues of transitional justice in Zimbabwe following the violent 2008 elections, civil society organisations have sought some form of remedy for those affected by the violence through the engagement of state processes as well as through informal processes within communities affected by the violence. Through various advocacy and lobbying initiatives, civil society has sought to challenge impunity, push for the reform of state institutions that have perpetuated violence, as well as to push for effective and inclusive policies that will address the concerns arising from the aftermath of political violence. They have also sought to change and influence structures that have promoted violence particularly in communities that were most affected by the 2008 electoral violence. These roles have been played in an environment that has largely been described as not conducive to dealing with the concerns of transitional justice. This environment is characterised by the absence of a change in political dispensation, where those responsible for the violence have remained at the helm of the state and political power. The aim of this research was to describe and explore the informal mechanisms put in place by civil society organisations in Zimbabwe to deal with issues of accountability and acknowledgement with regards to the 2008 electoral violence. The research also aimed to examine the consequences of such approaches to post conflict justice on the relationship between the state and civil society and more broadly on the achievement of the goals of transitional justice. The research asked: How has civil society addressed the issues of transitional justice in relation to the 2008 electoral violence in Zimbabwe? More specifically, the research also asked: Why has civil society employed informal processes to deal with transitional justice relating to the 2008 electoral violence and what have been the consequences of civil society instituting informal transitional justice mechanisms without the support or involvement of the state? The research findings showed that civil society organisations have employed informal processes of transitional justice as a response to the lack of political will by the state to address the concerns of transitional justice. It also found that despite the importance of the role being played by civil society organisations in dealing with these concerns, this approach was not comprehensive both in terms of geographic spread and also due to the absence of authority by civil society to enforce accountability. This study concludes that the gap of transitional justice for the 2008 electoral violence in Zimbabwe is a consequence of the lack of political will by state actors to deal with the concerns arising from the aftermath of the violence as well as the failure to create an environment that allows for these concerns to be addressed. The study also concludes that the state remains the key actor in the transitional justice discourse and through cooperation with civil society actors, an effective and more comprehensive response to the concerns arising from the 2008 electoral violence as well as other epochs of violence witnessed in the country could be instituted.