Post on 14-Dec-2015
Zimbabwe’s New Deal: Zimbabwe’s New Deal: The Human Rights The Human Rights
PerspectivePerspective
An analysis of the new power-An analysis of the new power-sharing accord from the sharing accord from the perspective of the current human perspective of the current human rights situation in Zimbabwe and rights situation in Zimbabwe and its legacy of displacement and the its legacy of displacement and the DiasporaDiaspora
PrefacePreface
A paper analysis presented to the A paper analysis presented to the public panel discussion at the 9th public panel discussion at the 9th session of the HRC hosted by the session of the HRC hosted by the UN Watch and the Global UN Watch and the Global Zimbabwe ForumZimbabwe Forum
Presented by Mr. Daniel MolokelePresented by Mr. Daniel Molokele
(Human Rights Lawyer)(Human Rights Lawyer)
IntroductionIntroduction
Zimbabweans generally are a peace Zimbabweans generally are a peace loving people, violence not commonloving people, violence not common
But the country has long history of But the country has long history of state funded political violencestate funded political violence
Also has legacy of general amnestiesAlso has legacy of general amnesties Reconciliation always takes Reconciliation always takes
precedence over justiceprecedence over justice Is 2008 going to be a case of history Is 2008 going to be a case of history
repeating itself?repeating itself?
The Colonial LegacyThe Colonial Legacy
British colonial rule officially started 12British colonial rule officially started 12thth September 1890 with the arrival of the September 1890 with the arrival of the Pioneer Column at Kopje, Salisbury.Pioneer Column at Kopje, Salisbury.
The defiant Lobengula the Matebele king, The defiant Lobengula the Matebele king, overthrown by the colonialists in 1893overthrown by the colonialists in 1893
First Chimurenga/Umvukela in 1896First Chimurenga/Umvukela in 1896 Seeds sown of a culture of human rights Seeds sown of a culture of human rights
violations and impugnity violations and impugnity
DecolonisationDecolonisation
Colonial administration lasted until after Colonial administration lasted until after the Second World Warthe Second World War
After the war, ‘winds of change’ started After the war, ‘winds of change’ started to blow across the colonial empiresto blow across the colonial empires
African decolonisation started with the African decolonisation started with the independence of Ghana in 1957independence of Ghana in 1957
Harold MacMillan, British PM in a famous Harold MacMillan, British PM in a famous speech in Cape town in February 1960speech in Cape town in February 1960
The UDI LegacyThe UDI Legacy
In Rhodesia, nationalism on the rise but In Rhodesia, nationalism on the rise but suppressed using State security suppressed using State security apparatusapparatus
Unjust laws such as LOMA passedUnjust laws such as LOMA passed Mass detentions and arrests of leadersMass detentions and arrests of leaders Gonakudzingwa, Wha WhaGonakudzingwa, Wha Wha Displacements and exileDisplacements and exile The rise of Ian Smith and white minority The rise of Ian Smith and white minority
declares the Unilateral Declaration of declares the Unilateral Declaration of Independence on 11Independence on 11thth Nov 1965 Nov 1965
Indefinite state of emergency declaredIndefinite state of emergency declared
Armed Struggle YearsArmed Struggle Years
Human rights violations flared up after Human rights violations flared up after the launch of the armed liberation the launch of the armed liberation strugglestruggle
Zipra and Zanla armed movementsZipra and Zanla armed movements Exile and life in the trenches and campsExile and life in the trenches and camps Pungwe mobilisationsPungwe mobilisations Mob and instant justice widespreadMob and instant justice widespread Political murders and assassinationsPolitical murders and assassinations Over 40 000 civilians deadOver 40 000 civilians dead
Lancaster House Lancaster House AccordAccord Historic Lancaster House agreement Historic Lancaster House agreement
signed in December 1979signed in December 1979 Ceasefire and demobilisation processCeasefire and demobilisation process Independence on 18Independence on 18thth April 1980 April 1980 New leader Robert Mugabe declares New leader Robert Mugabe declares
amnesty and policy of reconciliationamnesty and policy of reconciliation All human rights violations related to All human rights violations related to
the armed struggled allowed into the armed struggled allowed into archives of historyarchives of history
Matebeleland Matebeleland ‘Genocide’‘Genocide’ National unity government collapses in National unity government collapses in
19821982 Zapu accused of anti-patriotismZapu accused of anti-patriotism Civil war erupts in Matebeleland and Civil war erupts in Matebeleland and
Midlands regions between 1982 and 1987Midlands regions between 1982 and 1987 Dissidents and North Korean trained 5Dissidents and North Korean trained 5thth
Brigade army reign of terrorBrigade army reign of terror Over 20 000 civilians deadOver 20 000 civilians dead Many displaced, some go into exileMany displaced, some go into exile
1987 Unity Accord1987 Unity Accord
1985 elections perhaps most violent in 1985 elections perhaps most violent in post independence Zimbabwepost independence Zimbabwe
Zapu defiant, retained its influenceZapu defiant, retained its influence 1986 peace talks start between the 1986 peace talks start between the
partiesparties 2222ndnd December 1987, Unity Accord signed December 1987, Unity Accord signed Another blanket amnesty declaredAnother blanket amnesty declared Reconciliation and no state prosecutionsReconciliation and no state prosecutions
Electoral ViolenceElectoral Violence
Attempts to set up one party state after Attempts to set up one party state after 1987 failed largely due to protests from 1987 failed largely due to protests from labour and student movementslabour and student movements
Corruption and Willow gate scandal riotsCorruption and Willow gate scandal riots 1990 elections held, contested mainly by 1990 elections held, contested mainly by
Zanu and Zimbabwe Unity MovementZanu and Zimbabwe Unity Movement Polls also characterised by violencePolls also characterised by violence Patrick Kombayi case, notorious examplePatrick Kombayi case, notorious example
Constitutional Constitutional MovementMovement The early 1990s saw the collapse of The early 1990s saw the collapse of
the Iron Curtain and Berlin Wall and the Iron Curtain and Berlin Wall and new winds of change blow across new winds of change blow across AfricaAfrica
Zimbabwe yet again, left outZimbabwe yet again, left out Socio-economic decline and ESAPSocio-economic decline and ESAP Rise of labour and civil society led Rise of labour and civil society led
dissent and public protestsdissent and public protests 1997, launch of the National 1997, launch of the National
Constitutional Assembly (NCA)Constitutional Assembly (NCA)
Constitutional ReferendumConstitutional Referendum
Success of constitutional movement led to Success of constitutional movement led to government setting up the unpopular government setting up the unpopular Constitutional CommissionConstitutional Commission
February 2000, largely peaceful February 2000, largely peaceful referendum held over draft Constitutionreferendum held over draft Constitution
NCA led coalition mobilises successfully for NCA led coalition mobilises successfully for NO! vote against the draft ConstitutionNO! vote against the draft Constitution
Draft Constitution rejectedDraft Constitution rejected Outcry as Mugabe opts to abandon Outcry as Mugabe opts to abandon
constitutional reform process altogetherconstitutional reform process altogether
Farm ‘Invasions’Farm ‘Invasions’
Zanu humiliated, takes revenge on Zanu humiliated, takes revenge on ‘white’ commercial farmers, farms ‘white’ commercial farmers, farms ‘invaded’.‘invaded’.
Thousands of farm workers mostly of Thousands of farm workers mostly of foreign origin displacedforeign origin displaced
Widespread state sponsored campaign Widespread state sponsored campaign of terror and violenceof terror and violence
Parliament and Judiciary too weak to Parliament and Judiciary too weak to save the situation of impugnitysave the situation of impugnity
June 2000 ElectionsJune 2000 Elections
Parliamentary elections held in June 2000 Parliamentary elections held in June 2000 amid political terror and violenceamid political terror and violence
Many cases of rape, arson and murder, Many cases of rape, arson and murder, property dispossesions, displacementsproperty dispossesions, displacements
Many opt to leave the country from thenMany opt to leave the country from then New opposition MDC almost wins the pollsNew opposition MDC almost wins the polls Uneasy relations between Zanu and MDCUneasy relations between Zanu and MDC Widespread polarisation and victimisationsWidespread polarisation and victimisations
2002 Presidential Poll2002 Presidential Poll
Presidential poll held in 2002 amid Presidential poll held in 2002 amid increased political violenceincreased political violence
Mugabe wins but Tsvangirai insists that Mugabe wins but Tsvangirai insists that polls were rigged, ‘stolen elections’polls were rigged, ‘stolen elections’
State sponsored terror and victimisation State sponsored terror and victimisation of opposition supporters worsensof opposition supporters worsens
Civil society, media and judiciary under Civil society, media and judiciary under vicious attack from a rampant executivevicious attack from a rampant executive
Zimbabwe now a nation is perpetual Zimbabwe now a nation is perpetual crisiscrisis
2005 Parliamentary 2005 Parliamentary PollsPolls No prosecutions from previous pollsNo prosecutions from previous polls Political terror and violence continues in Political terror and violence continues in
March 2005 electionsMarch 2005 elections Opposition suffers setback, loses some Opposition suffers setback, loses some
seatsseats Continued assault on all voices of dissent Continued assault on all voices of dissent
especially the media and civil societyespecially the media and civil society Displacements, many leave the countryDisplacements, many leave the country
Crisis in ZimbabweCrisis in Zimbabwe
Economy continues to declineEconomy continues to decline Nation faces continued international Nation faces continued international
isolation especially by USA and EUisolation especially by USA and EU Civil unrest continues and state Civil unrest continues and state
sponsored suppression increasessponsored suppression increases Polarisation now order of the dayPolarisation now order of the day Govt very unpopular, military Govt very unpopular, military
elements increase influence on the elements increase influence on the StateState
Rise of the DiasporaRise of the Diaspora
Many lose hope, many leave the countryMany lose hope, many leave the country Crisis of huge brain drainCrisis of huge brain drain Rise in cases of asylum seekers and Rise in cases of asylum seekers and
refugeesrefugees Neighbouring countries like Botswana and Neighbouring countries like Botswana and
SA pay the price for the displacementsSA pay the price for the displacements Estimates now say 3-4 million have left the Estimates now say 3-4 million have left the
country and are based all over the worldcountry and are based all over the world
SADC MediationSADC Mediation
Crisis boils over as many opposition and Crisis boils over as many opposition and civil society leaders violently detainedcivil society leaders violently detained
March 2007, SADC decides to interveneMarch 2007, SADC decides to intervene Appoints President Thabo Mbeki to be Appoints President Thabo Mbeki to be
the mediator between Zanu and MDCthe mediator between Zanu and MDC First breakthrough hailed in 18First breakthrough hailed in 18thth
Constitutional amendmentConstitutional amendment Harmonised elections held in March Harmonised elections held in March
20082008
Electoral ImpasseElectoral Impasse
Opposition MDC narrowly wins pollsOpposition MDC narrowly wins polls Zanu loses parliamentary majorityZanu loses parliamentary majority Presidential poll results delayedPresidential poll results delayed Delayed results claim no clear winnerDelayed results claim no clear winner Run off poll between Mugabe and Run off poll between Mugabe and
Tsvangirai set for 27Tsvangirai set for 27thth June 2008 June 2008 Rise of political violence and murders Rise of political violence and murders
against the opposition in campaignagainst the opposition in campaign
Electoral ImpasseElectoral Impasse
Tsvangirai pulls out of run-off pollTsvangirai pulls out of run-off poll Mugabe wins uncontested pollMugabe wins uncontested poll Opposition rejects Mugabe’s legitimacyOpposition rejects Mugabe’s legitimacy SADC and AU interveneSADC and AU intervene Recommends for Govt of Unity under Recommends for Govt of Unity under
Mbeki mediation processMbeki mediation process Talks continue for weeksTalks continue for weeks Breakthrough on 22Breakthrough on 22ndnd July 2008 with July 2008 with
signing of negotiation framework signing of negotiation framework agreementagreement
Talks BreakthroughTalks Breakthrough
Secret talks continue in secretSecret talks continue in secret Parties claim breakthrough but talks Parties claim breakthrough but talks
almost collapse as MDC T refuse to signalmost collapse as MDC T refuse to sign SADC summit reviews process and re-SADC summit reviews process and re-
affirms Mbeki mediation in August 2008affirms Mbeki mediation in August 2008 Mbeki reconvenes secret talks between Mbeki reconvenes secret talks between
the partiesthe parties Breakthrough as accord signed on 15Breakthrough as accord signed on 15thth
September 2008 in HarareSeptember 2008 in Harare
Talks BreakthroughTalks Breakthrough
Parties sign accord and pledge unity Parties sign accord and pledge unity for the sake of the nationfor the sake of the nation
Let bygones be bygones again!Let bygones be bygones again! Accord seeks to protect perpetrators Accord seeks to protect perpetrators
of political violence and impugnityof political violence and impugnity Tsvangirai endorses Mugabe’s Tsvangirai endorses Mugabe’s
reconciliation theme of 1980reconciliation theme of 1980 Another blanket amnesty to ensure?Another blanket amnesty to ensure?
September 2008 September 2008 AccordAccord Relevant aspects include Article 7 that Relevant aspects include Article 7 that
provides for the promotion of equality, provides for the promotion of equality, national healing, cohesion and unity national healing, cohesion and unity
Specifically, article 7(e) refers to the Specifically, article 7(e) refers to the need to ‘formulate policies and put need to ‘formulate policies and put measures in place to attract the return measures in place to attract the return and repatriation of all Zimbabweans in and repatriation of all Zimbabweans in the Diaspora and in particular will work the Diaspora and in particular will work towards the return of all skilled towards the return of all skilled personnel.’personnel.’
September 2008 September 2008 AccordAccord Article 10 refers to the need for Article 10 refers to the need for
free political activityfree political activity Article 11 refers to the need for Article 11 refers to the need for
rule of law, respect for the rule of law, respect for the Constitution and other laws Constitution and other laws
Article 12 provides for freedom of Article 12 provides for freedom of assembly and associationassembly and association
September 2008 September 2008 AccordAccord Article 13 says ‘state organs and Article 13 says ‘state organs and
institutions do not belong to any institutions do not belong to any political party and should be impartial political party and should be impartial in the discharge of their dutiesin the discharge of their duties
Article 16 lays out the guiding Article 16 lays out the guiding principles for humanitarian assistanceprinciples for humanitarian assistance
Article 18 promotes the ‘security of Article 18 promotes the ‘security of persons and prevention of violence to persons and prevention of violence to achieve political ends’.achieve political ends’.
Diaspora FearsDiaspora Fears
For the diaspora, its crucial to note For the diaspora, its crucial to note that there is a large community of that there is a large community of asylum seekers and refugeesasylum seekers and refugees
What happens now?What happens now? Danger of deportations and forced Danger of deportations and forced
repatriationsrepatriations Fears host countries may abandon Fears host countries may abandon
protective or supportive stanceprotective or supportive stance
Diaspora FearsDiaspora Fears
Outstanding threats of arrests Outstanding threats of arrests and victimisationand victimisation
Perpetrators may seek to ‘silence’ Perpetrators may seek to ‘silence’ the returnees back in Zimbabwethe returnees back in Zimbabwe
Deal may collapse at any timeDeal may collapse at any time Socio-economic crisis continuesSocio-economic crisis continues Recovery will take many yearsRecovery will take many years
Diaspora HopesDiaspora Hopes
Some already beginning to trickle back Some already beginning to trickle back home to be part of new processhome to be part of new process
Many have a wait and see attitude but Many have a wait and see attitude but hope to return later if situation stabilises hope to return later if situation stabilises onon
Many hope for adoption of new Many hope for adoption of new Constitution that will include key issues Constitution that will include key issues such as dual nationality & Diaspora’s such as dual nationality & Diaspora’s voting rightsvoting rights
Many hope next elections will be peaceful Many hope next elections will be peaceful and Diaspora will also be able to voteand Diaspora will also be able to vote
What of Justice?What of Justice?
Reconciliation theme must not be Reconciliation theme must not be allowed to overshadow justice againallowed to overshadow justice again
Nation must this time around face its Nation must this time around face its legacy of a dismal HR recordlegacy of a dismal HR record
New Constitution must set up a viable New Constitution must set up a viable independent human rights commissionindependent human rights commission
There may be a need for a truth and There may be a need for a truth and reconciliation commissionreconciliation commission
Private prosecution another viable Private prosecution another viable optionoption
ConclusionConclusion
Clear that nation’s entire modern Clear that nation’s entire modern history has deep legacy of human rights history has deep legacy of human rights violationsviolations
Its about time this cycle of human rights Its about time this cycle of human rights violations be stopped once and for allviolations be stopped once and for all
Need for a justice and reconciliation Need for a justice and reconciliation movement to make perpetrators to movement to make perpetrators to account for their evil deedsaccount for their evil deeds
GZF and Diaspora to help mobilise for GZF and Diaspora to help mobilise for justice and reconciliation in Zimbabwejustice and reconciliation in Zimbabwe