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Truth, justice, reconciliation and national healing - Index of articles
Tenth
anniversary of the murder of Tichaona Chiminya and Talent Mabika
Sanderson N. Makombe
April 10, 2010
It is ten years
today, 15 April 2010, since my MDC colleagues Tichaona Chiminya
and Talent Mabika were torched alive and burnt to death by a ZANU
PF mob led by Joseph Mwale just outside Murambinda Growth point
in Buhera in 2000.The perpetrators of this ignomorous callous act
remain free with Joseph Mwale still drawing a wage officially as
a government employee. Such is the classical impunity enjoyed by
ZANU PF agents, which has become its legacy.
Zimbabwe celebrates
30 years of postcolonial rule on 18 April, three days from today.
The struggle for independence was driven by the desire for self
government achieved through democratic elections among other motives.
Sadly the current political impasse strikes through the heart of
this cherished goal of independence, the 'free one man one
vote- concept. Precisely the principle Tichaona Chiminya and
Talent were excising when they were brutally murdered in cold blood
by those barbaric cretins on that fateful day. On 21 April 2010,
it is reported PM Tsvangirai is to lead a delegation of the GNU
to Brussels to plead for the easing of travel sanctions and other
restrictive measures imposed on ZANU PF individuals at the height
of their orgies of violence in February 2002 by the EU. The PM himself
is a prominent victim, having been brutally assaulted in police
custody last year together with Lovemore Madhuku of the NCA.
Surely the irony will not be lost here: the victim will be pleading
for the offender.
There are two
questions the PM will find very difficult to answer during his mission
to Brussels. What has changed? And what concrete steps have been
put in place to make sure there will not be a repeat of that orgy
of violence? The travel sanctions were imposed for gross human rights
abuses sanctioned by the state and ZANU PF-s drive to thwart
democratic space for the opposition and civic society. European
jurisprudence on human rights is very strict and adhering that even
in the face of terrorism, the European Court of Human Rights has
consistently found much in favour of civil liberties against national
securities. Human rights is a cherished doctrine within the EU and
not much favour, am afraid, will be dangled to those who willfully
deprive others their suffrage and basic rights.
That ZANU PF
is not a serious partner in national healing and reconciliation
is aptly demonstrated by their MP-s walking out of a parliamentary
session when a motion on political violence was being debated .The
MDC went on to read the roll of honour of more than 278 MDC supporters
killed by ZANU PF and its affiliated agents. No effort has been
made to bring the perpetrators to justice despite there being abundant
evidence. The Changing Times has started serialising all documented
human rights violations perpetrated by ZANU PF towards the aborted
presidential rerun. What is strikingly shocking is the manner in
which sitting ZANU PF MPs and other top officials sanctioned and
led in the attacks on opposition members. Notably Chinotimba is
accused of rape, Biggie Matiza of murder among others.
Allegations
of torture surface on regular basis and recently the PM officially
launched Cries form Goromonzi . . . Inside Zimbabwe Torture Chambers,
a report prepared by Crisis, which catalogued many incidents of
abductions and torture. There is no evidence that political victimisation
is lessening. Contrary, waves of violence are sweeping across the
country, notably in Murazabani. Guruve, Zaka, Chiredzi, Bikita and
in farm lands in Rusape. The old state machinery is still in the
game, detaining opposition MPs and Councillors on flimsy charges,
abduction and harassment of student leaders and human rights lawyers
and selective application of law Draconian laws like POSA
and AIPPA
haven-t been repealed. There is no evidence to suppose that
the same level of violence and intimidation experienced before will
not resurface during the next elections, with or without a new constitution
in place.
The reforms
envisaged in the GNU with regard to human rights violations and
creating a conducive environment for democratic expression have
been minimum. The only notable thing has been the swearing in of
the Human Rights Commission. However we all know without tacit approval
from the security forces, the commission will remain just good on
paper. The same security forces remain heavily skewed in favour
of ZANU PF in their modus operandi. The institutions of terror remain
intact with militia mobs still terrorising people in rural areas.
The National
Organ on Reconciliation aptly displays the lack of seriousness in
redressing past atrocities. The leaders of the Organ continue holding
meaningless talk show type meetings without any substance. The fact
that they chose to operate without any enabling act of parliament
highlights the absurdity of their assumptions. They don-t
have a specific mandate to investigate past atrocities, to hear
and record testimonies, to compel victims and offenders to own up,
neither do they have a package of restitution and compensation as
required by international law. As noted by the PM, -there
can be no national healing without forgiveness and no forgiveness
without truth and justice as both national healing and forgiveness
do not exist in a vacuum-. The efforts of the National Organ
will achieve neither reconciliation nor justice.
Therefore why
should such unrepentant anarchists be allowed to come and mix with
the developed west and enjoy its trappings? Do their actions abode
with behaviour expected of the civilised world? Hell No. The EU
is right in denying these sycophants opportunities to come and squander
their ill-gotten health in their cities. As a matter of fact, travel
restrictions are not peculiar to ZANU PF persons only, even nationals
of other developed nations are restricted if they have offended
serious laws. Registerd sex offenders cannot travel out of the UK
without express permission. Anyone convicted of drugs offence will
find it difficult to enter the USA, Japan and most EU countries.
Mike Tyson was denied visa to Japan because he saved time in jail
for rape. Recently rapper Snoopy Doggy was refused permission to
enter the UK because of drugs issues. Singer Amy Winehouse was denied
visa to enter USA also because of drugs abuse. Now these are lesser
crimes compared to those committed by ZANU PF. What more then about
known murderers, rapists and arsonists?
On the other
hand if the EU eases the restrictions, it could be an opportunity
also for human rights defenders to try to bring known perpetrators
to book using universal jurisdiction principles. The Pinochet case
is a good example. The House of Lords ruled in Pinochet that, 'it
is implicit in the international crime of torture that diplomatic
immunity as former head of state doctrine do not apply-. Government
officials accused of torture and other international crimes will
find that easing of travelling sanctions is not to their advantage.
Attempts were also made to have Detective Inspector Henry Dohwa
arrested for torture when he was posted to Kosovo by the United
Nations.
Probably its
high time that Zimbabwe should make political parties and all registered
associations vicariously liable for the actions of their supporters.
This concept is used to regulate fans behaviour in the world of
football and it works very well. The party will be fined and ordered
to compensate victims of political violence perpetrated by their
supporters. What the scheme requires is an impartial police force
and a multi disciplinary agency that will be tasked to investigate
and monitor all politically related violence related to both human
and property. An Ad Hoc bench will also be created presided by a
High Court ranked judge to preside over such crimes without delay
and set down the compensation and restitution. The offender will
still be tried for their criminal conduct. If the party fails to
pay, their properties will be attached.
I do hope the
PM has not been backed into a corner by the prominent South African
Gigolo masquarandering as an intermediator yet singing from ZANU
PF-s hymn book. The responsibility to persuade the EU lies
with ZANU PF itself by conforming to provisions of the GNU and reforming
to a civilised political party not a mafia styled rebellious organisation.
'Good
friends we had and good friends we lost, along the way- sang
Bob Marley. The likes of Tonderai Ndira, Godfrey Kauzani, Beta Chorurama,
Trymore Midzi, Edson Mukwasi and many more. RIP
The writer
is former MDC National Youth Co-ordinator and can be contacted at
smakombe@btinternet.com
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