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’.

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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