Why there is urgent need for transitional justice before elections in Zimbabwe
Written by Administrator Monday, 19 March 2012 15:13
The inclusive government seems to have deliberately forgotten the urgent need for transitional justice. Instead, much talk has revolved around national healing with both factions of the Movement for Democratic Change (MDC) and ZANU PF holding window dressing ‘peace rallies’ and denouncing violence (although sincerity of some parties is doubtful) while institutions of violence are still existent and perpetrators of violence have not been apprehended. While Article 18 of the Global Political Agreement (GPA) states that, ‘the government shall apply the laws of the country fully and impartially in bringing all perpetrators of politically motivated violence to book’, few perpetrators have successfully been tried and incarcerated for crimes against their opponents.
While the inclusive government feels that transitional justice is a process that can be sidelined, the situation on the ground communicates the urgent need to address past wrongs as a first step towards achieving genuine and sustainable national healing in the country. Solid community cohesion cannot be built on a foundation polluted with unsolved cases, selective application of the law and impunity. Instead, it can be built on a foundation of truth telling, prosecution of perpetrators and ultimately forgiveness and reconciliation.
Failure by the government to take the initial step of bringing perpetrators of violence before the courts has, since the formation of the inclusive government, led to communities taking matters into their own hands. In 2009, some communities in Mashonaland East, with the blessing of their community leaders, began a process of re- possessing their livestock which was illegally possessed by Zanu Pf supporters during the 2008 period. However, some Zanu Pf supporters reported the matter to the police and the aggrieved were arrested and charged with extortion. According to the Zimbabwe Lawyers for Human Rights (ZLHR), in cases which were finalised, those accused of extortion were acquitted.
In some instances, communities have engaged in retributive violence resulting in a near civil war. If the country conducts elections and if Zanu Pf draws the violence card against its opponents, this could eventually result in the bloodiest election the country has ever witnessed. One villager in Buhera Central who attended a Crisis in Zimbabwe Coalition community outreach meeting said, ‘Our main worry is the selective application of the law by the police and their involvement in perpetrating violence, otherwise as villagers we have resolved that when attacked we will return fire with fire’. This is just one example of a community which is tired of violence and the ensuing police inaction and is prepared to fight back.
The culture of impunity which has characterised the country since independence encourages perpetrators to continue subjecting victims to further harassment, intimidation and violence. Information gathered by The Coalition through community outreach meetings reveals that perpetrators of the 2008 violence continue to use their ‘achievements’ as the basis for intimidation, threatening communities with a repeat of the violence which characterised the post 29 March 2008 electoral period. In Buhera, for example, MDC supporters were summoned on the 16th of March 2012 by war veterans in Ward 29 Chirozva where they were told that they would be beaten and killed if they do not support Zanu Pf. Torture bases are still present in Ward 22 which are manned by a soldier reffered to as Morgan Mzilikazi. Such a scenario, where past perpetrators, continue to threaten and perpetrate violence with impunity poses a threat to the security of persons during future national processes including elections and could have an impact on the participation of communities in these processes.
Speaking to The Crisis Report during an interview, on the need for transitional justice and genuine national healing ahead of elections, Director of Heal Zimbabwe and Chairperson of The Coalition’s Peace building Committee, Mr. Rashid Mahiya said,
‘The inclusive government is transitional, meaning it is supposed to take us from the previous regime to a more democratic dispensation. The GPA is an instrument that seeks to deal with past issues which impact on the future of the country while the inclusive government is supposed to create confidence in government and rebuild confidence in the communities. The violence which took place in the country was at a community level and while political leaders learnt to co- exist, this did not take place in communities. Whereas the GPA contains mechanisms to address past wrongs including putting in place an Organ on National Healing, the challenge is whether the political players are serious. The politicians are busy thinking of holding elections instead of considering the welfare of Zimbabweans.’
Mr Mahiya highlighted that Kenya set up a Committee which conducted a thorough investigation and reported on the causes of violence in the country. This, the Organ of National Healing is yet to do. Commenting on whether elections can be held under the current environment, the Heal Zimbabwe Director said,
‘To communities, elections mean violence and taking away of the people’s voice. And to some within the inclusive government, transitional justice and national healing means demobilising the very institutions which put them in power. As Heal Zimbabwe, we believe that for politicians to call for elections is a normal order but there is need for corresponding reforms.’
If elections are to be held without the inclusive government seriously putting an end to politically motivated violence and intimidation of communities, the elections could trigger another bloodbath and the subversion of the people’s will. Government should put in place mechanisms which protect the electorate and measures which deter any would-be perpetrators of violence from causing mayhem in the country.