Norma relacionada
Zimbabwe
Practice Relating to Rule 150. Reparation
Zimbabwe’s War Victims Compensation Act (1980), as amended to 2001, states:
PART I
PRELIMINARY
2. Interpretation
(1) In this Act–
“the war” means the armed conflict which occurred in Zimbabwe and in neighbouring countries between the 1st January, 1962, and the 29th February, 1980, in connection with the bringing about of, or resistance to, political and social change in Zimbabwe.
PART III
APPLICATION OF ACT AND CLAIMS FOR AND ENTITLEMENT TO COMPENSATION
4. Application of Act
This Act shall apply in respect of
(a) any injury to a person the date of which was before the 1st March, 1980;
(b) the death of a person caused by an injury referred to in paragraph (a); where
(i) such injury was caused directly or indirectly by the war; and
(ii) such person was, at the time he sustained such injury, a citizen of Zimbabwe:
Provided that if the Minister [of Public Service, Labour and Social Welfare] by written notice to the Commissioner [of War Victims Compensation, instituted with the Act] so directs, this Act shall apply to such a person even if he was not a citizen of Zimbabwe at the time he sustained the injury.
5. Claims for compensation
(1) A claim for compensation may be made by or on behalf of any person who
(a) has sustained an injury referred to in section four; or
(b) was a dependant of a person whose death was caused by an injury referred to in section four.
6. Consideration of claims and entitlements to benefits
(1) The Commissioner shall consider all claims for compensation made to him in terms of section five and, if he finds that the claimant –
(a) is suffering from disablement which was caused by an injury referred to in section four; or
(b) was a dependant of a person whose death was caused by an injury referred to in section four;
then, subject to this Act, the claimant shall be entitled to compensation. 
Zimbabwe, War Victims Compensation Act, 1980, as amended to 2001, Sections 2(1), 4, 5(1) and 6(1).
The Act also states:
PART IV
COMPENSATION FOR DISABLEMENT
8. Disablement pension
(1) … [A] disabled person whose degree of disability is one hundred per centum shall be entitled to a disablement pension …
(2) … [A] disabled person whose degree of disability is less than one hundred per centum shall be entitled to a disablement pension which bears the same proportion to the pension which would have been payable … had his degree of disablement been one hundred per centum as his actual degree of disablement bears to one hundred per centum.
(3) If a disabled person is suffering from an injury which consists of an aggravation to a material extent of pre-existing ill-health, physical or mental incapacity or personal injury, the pension payable to him shall be assessed in respect of such aggravation only.
12. Refund of medical expenses
(1) Subject to this section, a disabled person shall be entitled to be paid a refund of any expenses reasonably and necessarily incurred by him as a result of his injury in respect of –
(a) dental, medical, surgical or hospital treatment; or
(b) skilled nursing services; or
(c) the supply of medicines or surgical dressings; or
(d) the supply, maintenance, repair or renewal of artificial limbs or apparatus.
13. Vocational training
(1) In this section –
“vocational training” includes any form of education or training which, in the opinion of the Commissioner [of War Victims Compensation, instituted with the Act], will permit a disabled person to support himself and his dependants or will increase his capacity to do so.
(3) If the Commissioner considers that a disabled person should, in consequence of his disablement, receive vocational training in a hospital or elsewhere, he may order the disabled person to undergo such training and may award him, in addition to any other benefits to which he is entitled under this Act, a temporary allowance in respect of the period during which he undergoes such training …
(5) The Commissioner may grant to a disabled person a refund of the whole or any part of the charges, fees or expenses incurred by him in respect of the vocational training, subject to such conditions as the Commissioner may determine.
(6) … [T]he Commissioner may grant to the disabled person such sum as the Commissioner considers to be reasonable for the purchase of tools or other equipment required by him in the vocation for which he has been trained.
(7) If a disabled person refuses to undergo any vocational training ordered under this section, the Commissioner may reduce or withdraw any disablement pension payable to him under this Act.
14. Benefits for financial loss
Where a disabled person sustains a financial loss as a result of undergoing a medical examination or treatment in a hospital or otherwise on account of his disability, the Commissioner may, if the disabled person –
(a) is in receipt of a disablement pension, increase his pension;
(b) is not in receipt of a disablement pension, award him such pension as the Commissioner considers equitable[.]
15. Constant attendance allowance
Where –
(a) the injury of a disabled person is of a serious nature; and
(b) the Commissioner is satisfied that the disability of the person referred to in paragraph (a) necessitates the constant and continuous attendance of a nurse or other attendant;
the Commissioner may award to that disabled person, in addition to any other benefits payable in terms of this Part, an allowance not exceeding the reasonable expenditure actually incurred in respect of such attendance.
16. Clothing allowance
If –
(a) a disabled person is in receipt of a disablement pension in respect of a disability which requires him regularly to wear an artificial limb or to use crutches or any other appliance; and
(b) in the opinion of the Commissioner, excessive wear and tear of the clothing of the disabled person referred to in paragraph (a) is thereby caused;
the Commissioner may award to that disabled person for the wear and tear of his clothing such allowance as the Commissioner considers reasonable in the circumstances.
17. Children’s allowance
(1) Subject to this section, where a disabled person is compelled to change his normal occupation or to follow a lower standard of occupation and, in the opinion of the Commissioner, his change of occupation or lower standard of occupation was a result of his disablement, he shall be paid in respect of his children an allowance …
18. Travelling and subsistence allowances
(1) Subject to this section, where a disabled person is required to make a journey … for treatment or attention necessitated by his injury, he shall be paid an allowance at a rate determined by the Commissioner.
(2) The Commissioner may grant to a disabled person who is receiving treatment as an in-patient at an institution or hospital an allowance at such rate as the Commissioner considers equitable in the circumstances. 
Zimbabwe, War Victims Compensation Act, 1980, as amended to 2001, Sections 8(1)–(3), 12(1), 13(1), (3) and (5)–(7), 14, 15, 16, 17(1) and 18.
The Act further states:
PART V
COMPENSATION FOR DEATH
19. Widow’s pension
(1) Subject to this section, if a deceased person leaves a widow, his widow shall be entitled to a pension calculated at the rate of sixty per centum of the earnings of the deceased person immediately prior to his death:
Provided that –
(ii) the maximum rate of pension shall be six thousand six hundred and fifty-one dollars per annum.
(2) A pension payable in terms of subsection (1) –
(b) shall cease with effect from the date on which the widow remarries.
(3) Where the pension payable to a widow in terms of subsection (1) has ceased in terms of paragraph (b) of subsection (2) and –
(a) the husband of the widow by that subsequent marriage dies; or
(b) the subsequent marriage is dissolved;
the Commissioner [of War Victims Compensation, instituted with the Act] may restore the pension … in whole or in part …
20. Polygamous wives
(1) Where any compensation is payable in terms of this Act to the widow of a deceased person and that person at the time of his death had more than one wife, the compensation payable shall be paid to the widow designated by the Commissioner for the purposes of this Act or shall be apportioned between the widows in such proportions as the Commissioner considers equitable in the circumstances, as the Commissioner directs.
(2) Where a pension had been apportioned … between two or more widows and the pension payable to one of the widows ceases because of her death or remarriage or otherwise, the pension or pensions payable to the other widow or widows shall not be increased.
21. Children’s pensions
(1) If a deceased person leaves a widow and child, there shall be paid in respect of each child, subject to a maximum of five children, a pension at the appropriate rate specified in Part I of the Second Schedule [which lays out the maximum pension for different age-categories of children in presence of a widow]:
(2) If a deceased person leaves a child and no widow, there shall be paid in respect of each such child, subject to a maximum of five children, a pension at the appropriate rate specified in Part II of the Second Schedule [which lays out the maximum pension for different age-categories of children without a widow].
(3) If a child in respect of whom a pension is payable in terms of subsection (1) or (2) –
(a) dies, or otherwise ceases to be a child as defined in subsection (1) [a child is an unmarried legal or legalized son or daughter under 19 years of age] of section two, the pension payable under subsection (1) or (2) … shall cease or, if there is another child or children, be adjusted accordingly;
(b) attains the age of six or twelve years, the pension payable under subsection (1) or (2) … shall be adjusted accordingly.
(7) If a deceased person leaves more than five children, the pensions payable in terms of this section in respect of the children shall be calculated in relation to the five eldest who are children as defined in subsection (1) of section two.
22. Pensions for other dependants
(1) Subject to subsection (2), if a deceased person leaves a dependant who is not his widow or child and who –
(a) is wholly or partly incapable of supporting himself; and
(b) is in need of support;
the Commissioner may award to that dependant a pension or other benefit calculated in terms of subsection (2) for such period and subject to such terms and conditions as the Commissioner considers equitable in the circumstances. 
Zimbabwe, War Victims Compensation Act, 1980, as amended to 2001, Sections 19(1)(ii), (2)(b) and (3), 20(1)–(2), 21(1)–(3) and (7) and 22(1).
The Act also states:
PART VI
SPECIAL PROVISIONS FOR WOMEN AND CHILDREN
24. Special provisions relating to females
(1) If a disabled person is a female and has –
(a) a husband who is incapable of supporting himself due to physical or mental incapacity occasioned without his default; or
(b) one or more children who are incapable of supporting themselves and have no father who is both able and willing to support them; or
(c) a dependant who—
(i) is not her husband or child; and
(ii) is wholly or partly incapable of supporting himself; and
(iii) is in need of support;
the Commissioner [of War Victims Compensation, instituted with the Act] may award in respect of such husband, children or dependant, as the case may be, the compensation that would have been payable in terms of this Act had the disabled person been a male and had a wife or children or a dependant, as the case may be, in those circumstances.
(2) If a disabled person is a female who is—
(a) married, her earnings shall, for the purpose of calculating the amount of any compensation payable to her in terms of this Act, be deemed to be the amount of the pension which would have been payable in terms of section nineteen had she been a widow;
(b) unmarried, her earnings shall, for the purpose of calculating the amount of any compensation payable to her in terms of this Act, be deemed to be such amount as the Commissioner may determine.
(3) If a deceased person was a female and leaves –
(a) a widower who is incapable of supporting himself due to physical or mental incapacity occasioned without his default; or
(b) one or more children who are incapable of supporting themselves and have no father who is both willing and able to support them; or
(c) a dependant who—
(i) is not her husband or child; and
(ii) is wholly or partly incapable of supporting himself; and
(iii) is in need of support;
the Commissioner may award to such widower or in respect of such children or dependant, as the case may be, the compensation that would have been payable in terms of this Act had the deceased person been a male and left a widow or children or a dependant, as the case may be, in those circumstances.
(4) If a deceased person was a female, her earnings shall –
be deemed to have been such amount as the Commissioner may determine.
25. Special provisions relating to minors
(2) Notwithstanding anything contained in this Act –
(a) there shall be paid in respect of the disablement of a minor such compensation as the Commissioner may consider appropriate …
(b) no pension shall be payable to any person in respect of the death of a minor.
26. Educational allowances
(1) If any pension or allowance payable in terms of this Act in respect of the child of a disabled person or deceased person has ceased because the child has reached the age of nineteen or twenty-one years, as the case may be, and that child continues to receive full-time education at an educational institution, the Commissioner may … award an allowance –
(a) if that child attends at a university, at a rate not exceeding eight hundred and fifty-six dollars per annum;
(b) if that child attends at an educational institution other than a university, at a rate not exceeding eight hundred and fifty-six dollars per annum or, if the Commissioner considers that there are special circumstances warranting a greater allowance, not exceeding five hundred and ninety-five dollars per annum.
(3) An allowance in terms of subsection (1) shall not be payable in respect of any period after the child attains the age of –
(a) in the case of a child attending at a university, twenty-four years;
(b) in the case of a child attending at an educational institution other than a university, twenty-one years:
Provided that, if the Commissioner considers that there are special circumstances … the Commissioner may authorize the payment of the allowance or part thereof for such period as the Commissioner thinks fit. 
Zimbabwe, War Victims Compensation Act, 1980, as amended to 2001, Sections 24, 25(2), and 26(1) and (3).
In 1995, in its initial report to the Committee on the Rights of the Child, Zimbabwe stated:
243. The War Victims Compensation Act of Zimbabwe provides financial assistance to children of war victims. Those who are not covered by this Act are assisted through the Public Assistance Programme.
245. … The War Victim Act does not cover victims of civil wars. 
Zimbabwe, Initial report to the Committee on the Rights of the Child, 12 September 1995, UN Doc. CRC/C/3/Add.35, submitted 23 May 1995, §§ 243 and 245.
According to media reports, in October 1999, the President of Zimbabwe apologised for the atrocities committed by the Five Brigade army unit which killed an estimated 25,000 people in an opposition stronghold during the civil war in the early 1980s and announced that the government was ready to compensate the families of the victims. 
“Zimbabwe – Mugabe offers compensation for 25,000 civil war killings”, The Independent, 19 October 1999.
In 2014, in an oral answer to a question without notice in the Senate, Zimbabwe’s Minister of Defence stated:
[I]t is true as we all know that during the liberation war, the Rhodesians planted a lot of landmines along our borders with Zambia, Mozambique and South Africa …
There are people who have lost limbs; they have been amputated by these landmines and have undergone medical treatment. Some of them have got prostheses, that is artificial limbs and that process is going on.
With regards to compensation in monetary terms, that is for the time being not under way but we think everything that is possible should be done to rehabilitate all those that have been injured or maimed by these landmines. In terms of monetary compensation Madam President, for now we are not yet in a position to do so. It will have to be a policy decision as to how much compensation is paid. If one has a lost a limb or the lower leg, how much do we compensate? If one has lost a forearm, how much do you pay? If one has lost two fingers, what do you do? Those are intricate issues that we will obviously look into but for the time being, the resources available are mainly earmarked for clearing the landmines around the country. 
Zimbabwe, Parliament of Zimbabwe, Oral answers by the Government to questions without notice in the Senate, Hansard, 28 August 2014, pp. 30–31.
In 2014, in an oral answer to a question without notice in the Senate, Zimbabwe’s Minister of Defence stated:
[I]t is true as we all know that during the liberation war, the Rhodesians planted a lot of landmines along our borders with Zambia, Mozambique and South Africa …
There are people who have lost limbs; they have been amputated by these landmines and have undergone medical treatment. Some of them have got prostheses, that is artificial limbs and that process is going on.
With regards to compensation in monetary terms, that is for the time being not under way but we think everything that is possible should be done to rehabilitate all those that have been injured or maimed by these landmines …
In the Ministry of Defence, we are … working together with the Red Cross, so that those who have lost their limbs have got these artificial legs. 
Zimbabwe, Parliament of Zimbabwe, Oral answers by the Government to questions without notice in the Senate, Hansard, 28 August 2014, pp. 30–31.