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Commentary on the latest political developments
Zimbabwe Lawyers for Human Rights (ZLHR)
October 30, 2008

Zimbabwe Lawyers for Human Rights (ZLHR) continues to closely monitor developments relating to the implementation of the 15 September 2008 agreement signed by the principals of the three political parties represented in Parliament.

It is deeply regrettable that the ongoing impasse was not resolved at the meeting held in Harare with the SADC Troika on 27 October 2008. Such failures are a disconcerting indication that political players, both national and regional, have failed and continue to fail to view the interests of the suffering people of Zimbabwe as the central and most urgent factor necessitating resolution of the outstanding issues and allowing the new inclusive government to be formed and commence its duties.

Whilst the political negotiations continue without an end in sight, Zimbabweans continue to be starved on the basis of their political affiliation. Political violence is, once again, on the rise. Deaths due to cholera outbreaks mount, and health, water and sanitation services have collapsed. Children are forced to sit for examinations when they have effectively learned nothing in the past year. People continue to walk to work, fail to retrieve their own cash from banks, and look from afar at basic goods in the shops and market places which they can no longer afford.

Events which occurred prior to, on the day of, and subsequent to the meeting on 27 October 2008 - more particularly the indiscriminate arrests, detentions, assaults and alleged abductions of women and youth human rights defenders, as well as innocent bystanders, by members of the Zimbabwe Republic Police (ZRP) and non-state actors allegedly aligned to ZANU-PF - clearly show that the status quo in respect of responsibility for the control of such law enforcement agents cannot continue.

Certain sectors of the ZRP continue, with the knowledge and/or acquiescence of the Minister responsible for their supervision, to wilfully violate the fundamental rights and freedoms of ordinary Zimbabweans with impunity. Law enforcement agents remain in urgent need of reorientation to instil a culture of human rights within the force and ensure that they apply the laws of the country impartially and not for the purposes of mere persecution of people who, in their desperation, have taken their public protest peacefully to the streets. Non-state actors who wilfully commit human rights violations with the knowledge or acquiescence of the state must also understand that their actions are unacceptable, criminal, and cannot be maintained in a truly democratic dispensation.

Such issues have been highlighted and accepted by all three principals in the signed 15 September 2008 agreement and yet compliance is completely lacking.

Further, the partisan coverage of events by the state-controlled print and electronic media is a clear indication of lack of good faith in abiding by the spirit and letter of the 15 September agreement.

Such media continues to provide biased coverage and commentary on the ongoing political discussions, and continues to completely shut out information which is regularly released by the two MDC formations. It is clear to those who are fortunate enough to have access to online publications and alternate information that the differences between ZANU-PF and MDC and the areas of contention remain wide, despite what continues to be reported in the state-controlled media.

Ordinary Zimbabweans, who have remained patient and hopeful that a resolution is in sight which will positively and clearly impact on their lives, have a right to receive diverse, comprehensive and honest information about the issues in contention and areas of difference so as to develop their own opinions and actions based on such information. The de facto government continues to believe that starving people of information will allow them to continue to control and/or silence public scrutiny and dissent. This is unacceptable conduct in any country, and under any circumstance.

The solution to this wide-ranging catastrophe is to convene an Extraordinary SADC Summit "urgently". When, where and what will be on the agenda are not clear, but the Zimbabwean people have once again been forced to deal with further delays in the resolution of the impasse whilst the humanitarian crisis escalates to unmanageable proportions. What is clear is that we cannot afford another Summit where the outcome is a resolution which offers no meaningful action to assist in urgently redressing the critical humanitarian situation on the ground.

The Heads of State and Government must not be brought together to deal only with one political hurdle, being the allocation of Ministries. The Summit must comprehensively and holistically address all the current outstanding issues, as they have been outlined by the parties to the agreement if they are not to contribute to further delays and the collapse of the country. Apart from the political issues, the SADC Summit must, as a matter of urgency, ensure that immediate short-term measures are put in place to:

• Effectively address the humanitarian disaster by ensuring equal access to and provision of food and clean water for all.
• Provide essential drugs, medical treatment and services to all state hospitals and clinics throughout Zimbabwe.
• Provide assistance to schools and other places of learning which will allow teachers and learners to focus on education in a safe, healthy and stress-free environment.
• Ensure that the operating environment for humanitarian and food aid agencies is not restricted in any manner to allow such activities to be carried out.
• Address the cash shortages to allow the most vulnerable to access basic goods and services, as well as life-sustaining drugs and treatment.
• Assist farmers in a transparent and non-discriminate manner to access seed and fertiliser, as well as related services, to avert a failed crop and further food shortages, as was promised by the SADC mediator on 15 September 2008 and other regional leaders subsequent to the signing of the agreement, but which has not been done.
• Ensure that political violence does not occur and swiftly bring any perpetrators thereof to justice to ensure stability and counter ongoing impunity.
• Set out measures to ensure that the state-controlled media reports fairly, ethically, and in an unbiased manner, to ensure that people receive diverse information and are informed about political developments and the severity of the socio-economic crisis.

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