Last month Gambian Fatou Bensouda was sworn in as the International Criminal Court’s (ICC) Chief Prosecutor. According to the Daily Observer, she showed a strong commitment to delivering justice to the victims of war crimes and crimes against humanity:
One cannot continue to commit all these crimes against people – Most of the time your own people – they are killed, they are raped, they are pillaged and a lot of horrendous atrocities take place and when we say never again may be it happens again and again. It has to stop.
Having an African women at the forefront gives a renewed hope that violence against women will be taken seriously by the court and that rape will not be sidelined in the investigation and prosecution of perpetrators of war crimes and crimes against humanity.
The majority of the 17 cases currently open at the ICC include charges of rape and this shows that the court is considering cases of sexual violence. An open question remains, if the charges will translate into convictions and justice for the survivors of rape.
In the first verdict handed down by the court earlier this year, the Congolese rebel leader Thomas Lubanga Dyilo was found guilty of recruiting and using child soldiers, while the evidence and documentation of gender based violence was not included in the charges. This was an important step in the global fight for human rights, but at the same time it was worrying that the mass rapes and other atrocities committed against women were not considered in the verdict.
Time will show if Fatou Bensouda will be able to deliver justice to the survivors of rape and set an example to current and potential perpetrators that the targeting of women in conflict and war will not be accepted.
After the violent elections in 2008, which saw the losing party keep its grip on power in a shaky government of national unity, Zimbabwe is expecting to go to the polls again in 2013. Considering that no justice has been done to the many women who suffered the state sponsored violence, harassment and rape, what do women think about the next election?
“It is evident that the events of 2008 have taken something from the women. Some have lost the zeal to vote, others their freedom to express which political party they support and to freely campaign for the party…. These events have taken away their power to assert themselves and state clearly their choices.”
These bold words are from the recent report Empower a Woman, Empower a Nation! from the Research and Advocacy Unit (RAU) about women’s preparedness for the next election given their experiences in the last election.
According to the report, “The violence of 2008 was a reality check of what state-sponsored violence looked like to a woman with political aspirations. Would a woman ever want to take part in politics having seen the reality of what could happen to them?” Security remains the biggest concern Zimbabwean women, who find it hard to see how they can participate freely in the next election. Experiences from the 2008 elections are clear evidence that there is no hiding place for female activists. Women remember how neighbours told the perpetrators of violence which party they belonged to and how people shied away from helping victims, fearing for their own safety.
Since the last elections, women have been denied justice for the crimes committed, and today they feel hopeless and unable to protect themselves. In the current situation where there is no effective and non-partisan system for conducting elections and protecting women there is a high risk of the population taking the law in their own hand. “My children saw the way I was beaten up and they saw me injured. Once in a while I hear them say if they come back again this time around we will have petrol bombs ready to retaliate if they try to harm you again” said one of the women in RAUs survey. This shows a gloomy picture of the future if the government does not make serious efforts to restore law and order in the country before the next elections.
In spite of the fear and apathy, Zimbabwean women remain committed to fight the battle for their rights and they have clear opinions on what needs to be done. In addition to ensuring peace and security and ending impunity, women need education on their rights and economic empowerment to be able to claim their space in the political arena. Equally important is the solidarity between women to jointly fight against the cultural and social perception of women, power and politics.
Violence is a major barrier for women to enter into politics, but there are many other and less visible challenges to overcome for politically active women.
Speaking at the seminar “African Spring – also in Zimbabwe?” Jestina Mukoko from Zimbabwe Peace Project explains how female candidates are disadvantaged in politics, because they have inadequate knowledge and capacity to campaign effectively. Furthermore women are often victims of character assassination, and female activists are often labelled as prostitutes, when they enter the political battlefield.
Women’s participation is also intrinsically linked with issues of social-economic stability as well as equal access to resources and social services. At a structural level “the issue of women in politics is not only about political position, but also about the lack of a strong social-economic position of women in our society” says Takura Zhangazha, Voluntary Media Council.
Seen in this perspective political violence against women is only the top of the iceberg. It is an enormous problem in itself, but at the same time it is also a symptom of the underlying root causes, in particular the social acceptance of targeting women, not only because of their political affiliation but also because of their gender.
To see an “African Spring” for Zimbabwean women there is a need to address the underlying cultural and social discrimination that contributes to marginalising women in Zimbabwean politics. And the Government of National Unity must take a lead in developing a culture of equality and social justice.
Last week the United Nations High Commissioner for Human Rights, Navy Pillay, visited Zimbabwe. This is the first time Zimbabwe has allowed any High Commissioner for Human Rights to visit the country. She paid specific attention to the issue of politically motivated violence against women, as evidenced by her comments at the end of her visit:
”Women’s groups, and the relevant United Nations agencies, believe that sexual, domestic and politically motivated violence against women are also widespread and on the rise, especially around election times. Zimbabwe has the necessary legal framework for dealing with these crimes, but – like many other aspects of the legal system – the relevant laws are not being implemented properly. Many women are reluctant to report violence because they have lost trust in the police. Little effort appears to have been made to establish how many women were subjected to sexual violence around the time of the 2008 elections, and even though the identity of a number of the alleged perpetrators is known, there has reportedly been little or no attempt to investigate, arrest and prosecute.”
The National Constitutional Assembly (NCA) today pays tribute to the gallant sons and daughters of this great country who fought fearlessly for the independence of this country. It is in the same spirit that we register our deep concerns over the way the ZANU-PF government has destroyed the national fabric of this great country.
As we celebrate these thirty two years of self rule we are disappointed that today the culture of ZANU-PF has become so endemic in our society. It is ironic that the state apparatus that are meant to protect the people of Zimbabwe and foster an environment of peace (the army and the police) have become the chief perpetrators of violence and chief violators of human rights. The skewed judiciary system is a total derailment of the gains of the liberation struggle. Those opposed to ZANU PF, are being treated unfairly in our courts of law. 32 years after our independence, the laws governing the land, reminiscent the colonial times were the infamous LOMA was arbitrarily used to crash dissenting voices.
We deplore in the strongest terms the abuse of state machinery by ZANU-PF for political gains.
The national Independence is coming right at a time when Zimbabwe is at the crossroads regarding the writing of a new constitution for the country. As all of you are aware that the Select Committee of Parliament known as ‘COPAC,’ has failed to produce a draft constitution despite all the time and the resources they got from donors.
As the NCA, we passed a vote of NO confidence in COPAC, since the day it was incepted, after a careful analysis that the model as articulated by Article 6 of the Global Political Agreement (GPA), was far from what the people of Zimbabwe envisaged as a process that can yield a truly democratic constitution for Zimbabwe.
Now we are eagerly waiting for the failed COPAC group to officially release their negotiated draft to be tabled for the referendum. Our campaign will be intensified in our villages, townships and farm meetings. As NCA we remain fully committed to the same National Working Peoples Convention resolutions and its commitment to democracy as well as social and economic justice. In the twelve or so years since the NWPC and the formation of the MDC, we have also steadfastly maintained that true democratic change can only be arrived at via a people driven constitution making process and this is reaffirmed in the Zimbabwe’s People’s Charter.
As we celebrate our independence we remain dedicated to our Take Charge campaign for a ‘NO’ vote in the pending constitutional referendum. In campaigning for a NO VOTE in the referendum the NCA is just re-affirming that Zimbabwe needs a home grown, people driven and democratic constitution.
A “NO” vote does not mean that people want to be governed by the current Lancaster House Constitution. It does not mean that we want future elections to be held under the current Lancaster House Constitution. It simply means that we want a good constitution and we are rejecting a bad one.
In opposing the COPAC process, we are not opposing this moral demand. We are fulfilling it. Our argument is that the mistakes of 1979 cannot be repeated. And neither should we settle principle for political expediency. Constitution making is in itself a continuation of a political struggle for democracy. It is the fight for a democratic constitution, we are qualifying the dream of a Zimbabwe we want.
This we cannot allow and we are convinced politicians will realise that Zimbabweans are clear on what they want and the Zimbabwe they want to build. We cannot have the process be driven by those whose power society seeks to limit! It has to be an independent commission – independent from this over-arching hand of politicians! We urge you all to be resolute and steady fast in this front line walk of advancement towards egalitarianism. Let us join hands, take charge and complete this change which is imminent.
Issued by
Madock Chivasa
NCA National Spokesperson
+263 775 614 471
The ACT NOW Against Political Violence, Torture and Rape campaign has gained momentum, in particular in terms of mobilisation of female activists, who have been beaten down from years of repression.
“Women are strong and believe we need to continue the struggle for democracy. Activism is within us and we will never move backwards. We will continue the fight until we have a people driven constitution in Zimbabwe” says a leading female activists in NCA.
NCA National Spokesperson, Madock Chivasa, speaking about the ACT NOW Against Political Violence Campaign
Mobilisation and education of women
In the past year, the NCA has embarked on a national outreach programme to encourage an open dialogue about the risks and challenges facing women and provide a platform for women to share their personal stories about the physical, mental and social attacks by the law enforcement agencies, militia and youth gangs.
Around the country women and men has gathered in small groups to break the silence and talk about the trauma resulting from being targeted by the state in response to their call for a people driven constitution. This has contributed to building women’s self-esteem as individuals and as active participants in the movement for a genuine democratisation of Zimbabwe’s repressive regime.
Responses to police brutality
In spite of the courage and unity of the democracy movement, activists are still putting their lives on the line when they take up the fight against repression. Many female activists have been faced with police brutality, and women who choose to become active in NCA are acutely aware of the risks of physical assaults, arrest and torture. By teaching women about their rights they have become better prepared for how to react, when the police interrupt demonstrations and NCA meetings.
“Women now stand firm against the police. We tell them that we will not run away, so they can just go ahead and arrest us all. If one of us is arrested we stand together as a group and tell the police men to arrest us all. The police will leave us alone because we stand firm” says one of the women, who has educated grassroots women.
Protection and support to female activists
No matter how firm the women stand, the effects of the medical and psychological trauma from political violence cannot be underestimated. In the past year, NCA has scaled up the efforts to provide counselling, medical and legal support for women, who have been subjected to political violence. No woman should be left alone with the physical, mental and social wounds from violence, rape and torture. Therefore NCA has put a system in place, where women can report any incidences of political violence to the local offices, who will then refer them to medical, counselling and legal support.
Unfortunately the Zimbabwean police and court systems are under Robert Mugabe’s control, and it is not possible to report cases to the police or take the perpetrators to court. The police routinely refuse to investigate any cases of political violence against civic activists, who are perceived as being affiliated with Mugabe’s political rival, Morgan Tsvangirai.
Prosecution of perpetrators of political violence is therefore rare, and in the few court cases, the political elite has sought to threaten or pay the judges to rule in favour of the perpetrator. However, human rights lawyers and doctors still document all the cases, and are preparing to take them to court as soon as the political control of the court system is reduced. Attempts have also been made to prosecute perpetrators in other countries.
International lobbying
The women of Zimbabwe are not alone in their fight against repression. Throughout the past year, NCA and Africa Contact have put pressure on policy makers in Southern Africa and Europe to push for an end to political violence in Zimbabwe.
NCA has held a series of demonstrations around the campaign in Johannesburg. When the Southern Africa Development Community held an extraordinary summit in Johannesburg in June 2011, NCA handed in a petition calling on SADC to pressure Zimbabwe to put an end to political violence.
NCA Activists on their way to hand in petition to SADC
NCA Chairman Lovemore Madhuku and International Coordinator Munjodzi Mutandiri visited Copenhagen in December to mobilise support for the campaign. Civil society arranged a conference to address the issue of women’s political participation, and the Danish Government opened the doors to discuss the current political situation. The Ministry of Foreign Affairs took note of NCA’s analysis of the Government of National Unity’s failure to provide stability and security for Zimbabweans, and NCA stressed that there is an urgent need to ensure that all Zimbabweans are free to choose their leader and contribute to building the future of the country.
In February, NCA’s partner Research and Advocacy Unit (RAU), went to Geneva to engage the United Nations in the fight against political violence. During Zimbabwe’s review by the Committee on the Elimination of all Discrimination Against Women (CEDAW), RAU successfully lobbied the Committee to condemn the systematic use of political violence against women. The CEDAW Report called on the Zimbabwean Government to end political violence.
International Solidarity
On the International Women’s Day and May Day, activists from Africa Contact took to the streets to urge Danish citizens and policy makers to show their solidarity with the women of Zimbabwe. More than 500 Danes showed their support by having their picture taken for a virtual petition on Facebook.
Danes calling for an end to political violence against women in Zimbabwe
The events caught the attention of Danish policymakers and the then Minister of Foreign Affairs Lene Espersen said: “I think we should fight all attempts at trying to misuse women for political purposes. So let’s speak up and speak up loud for the Zimbabwean women”, when she had her picture taken for the petition.
Strengthening the movement for a democratic Zimbabwe
The campaign has not only contributed to improving the situation for female activists. It has also strengthened NCA as a movement. The fear and consequences of political violence is something that is present in the lives of all activists. By initiating discussions about political violence at all levels of the organisation, NCA has become even more relevant for its grassroots supporters, because the organisation acknowledges and seeks to assist the physical and psychological risks the membership face.
“The campaign against political violence is the first of its nature in NCA. We have always campaigned for a people driven constitution, and our members were positively surprised to see us talk about political violence. It has helped us mobilise our grassroots, especially women“, says a member of NCA’s Task Force.
But the struggle does not end here. Political violence, especially against women, has become integral to Zimbabwe’s political battleground as is still used as a tool to silence critical voices. It is expected that Zimbabwe will have a referendum on a new constitution this year and elections next year. Mugabe is not expected to give up power without a fight and is likely to launch a new campaign of intimidation and violence against the democracy movement. We need to prepare ourselves to protect women and provide support for the victims of political violence – and speak out to the international community on the continued human rights violations in Zimbabwe.
One cannot continue to commit all these crimes against people – Most of the time your own people – they are killed, they are raped, they are pillaged and a lot of horrendous atrocities take place and when we say never again may be it happens again and again. It has to stop.
