没有正义的和解:1980年至2017年后殖民地津巴布韦的国家与受害者的无效

IF 0.2 Q4 LAW
Terence M. Mashingaidze
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引用次数: 0

摘要

这篇文章呼吁将受害者而非政治便利置于津巴布韦和平建设矩阵的中心。从1980年获得独立到2017年11月罗伯特·穆加贝总统的统治在军方的协助下结束,津巴布韦的偶发性暴力循环是通过精英讨价还价的大赦法令、国家调解的和解声明和赦免令结束的,这些命令以牺牲受害者为代价,无条件地使犯罪者受益。我认为,这些常规和部分和平建设措施的核心是宽恕和遗忘伦理,它不仅无视法治,而且否定了受害者身份,使正义可以分割。出于政治动机的暴力行为的受害者无法通过法院获得对被赦免的肇事者的赔偿,因为这将构成双重危险。政府拒绝对犯罪者进行起诉,无视对受害者的赔偿。在国家立法框架内,普通立法者不能动议迫使政府赔偿暴力幸存者的动议,因为只有副总统和部长才能动议会耗尽国家收入或导致对公民征收额外税的动议。考虑到有权提出此类动议的部长们是在其棘手的总统的授意下在内阁任职的,他们很难让他们的负责人感到尴尬或矛盾。从本质上讲,罗伯特·穆加贝领导的津巴布韦政府为出于政治动机的暴力行为的肇事者建立了法律防火墙,这实际上使该国不断重复的暴力循环的受害者寻求正义的努力无效。这种专制的法律主义无视受害者的身份,为侵犯人权者壮胆。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Reconciliation without Justice: The State and the Invalidation of Victimhood in Post-colonial Zimbabwe, 1980–2017
This article calls for the location of victimhood rather than political convenience at the centre of Zimbabwe’s peace-building matrix. From the attainment of independence in 1980 to the military assisted end of President Robert Mugabe’s rule in November 2017, Zimbabwe’s episodic cycles of violence were concluded through elite bargained amnesty ordinances, state mediated reconciliation pronouncements and clemency orders that unconditionally benefitted perpetrators at the expense of victims. The forgive-and-forget ethic central to these routine and fractional peace building measures, I argue, not only disregarded the rule of law but negated victimhood and rendered justice divisible. Victims of politically motivated violence could not secure redress through the courts of law against amnestied perpetrators as this would amount to double jeopardy. The government withheld prosecutorial justice against perpetrators and disregarded reparations for victims. Within the national legislative framework ordinary legislators could not move motions compelling the government to compensate survivors of violence because only the vice-presidents and ministers could move motions that had the consequence of either depleting state revenues or causing the imposition of additional taxes on citizens. Considering that ministers who had the prerogative to move such motions served in cabinet at the behest of their intractable president they could hardly embarrass or contradict their principal. Essentially, the Robert Mugabe led Zimbabwean government established legal firewalls for perpetrators of politically motivated violence which ipso facto invalidated the quest for justice by victims of the country’s ever recurring cycles of violence. This authoritarian legalism disregarded victimhood and emboldened human rights violators.
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来源期刊
CiteScore
0.30
自引率
0.00%
发文量
18
期刊介绍: The African Journal of Legal Studies (AJLS) is a peer-reviewed and interdisciplinary academic journal focusing on human rights and rule of law issues in Africa as analyzed by lawyers, economists, political scientists and others drawn from throughout the continent and the world. The journal, which was established by the Africa Law Institute and is now co-published in collaboration with Brill | Nijhoff, aims to serve as the leading forum for the thoughtful and scholarly engagement of a broad range of complex issues at the intersection of law, public policy and social change in Africa. AJLS places emphasis on presenting a diversity of perspectives on fundamental, long-term, systemic problems of human rights and governance, as well as emerging issues, and possible solutions to them. Towards this end, AJLS encourages critical reflections that are based on empirical observations and experience as well as theoretical and multi-disciplinary approaches.
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