It is time for Zimbabwe to prosecute torturers

This week has seen a drama unfolding in Harare, when Munyaradzi Gwisai and five other activists were convicted for watching a video about the uprisings in Egypt and inciting violence designed to overthrow the government. The conviction is a statement from the regime that it will continue to clamp down on critical voices, but who will be taking the regime and its extended arms to court for their involvement in political violence and torture?

The six activists, as well as the 40 other people present at the video screening in February 2011, were peacefully exercising their freedom of assembly, association and expression. But rather than using the law to protect the rights of the citizens to form and articulate their political opinions freely and peacefully, the activists were arrested, kept in detention in 27 days and tortured.

According to defence lawyer, Alec Muchadehama, the six activists underwent torture sessions, with assaults all over the bodies, under their feet and buttocks through the use of broomsticks, metal rods, pieces of timber, open palms and some blunt objects.

It is a great paradox that the conviction was handed down a few days after Minister of Justice and Legal Affairs, Patrick Chinamasa promised United Nations Human Rights Council to ratify the Convention Against Torture. Chinamasa was quoted in the state-run Herald newspaper that “Under no circumstance should torture be used whether physical or mental to obtain information or confession from any person against who allegations of commission of crime are made… It is the responsibility of the judiciary to cause the investigation of every allegation of torture by an accused appearing before them.”

However, when Gwisai filed a case in High Court, against the Police and Home Affairs Co-Ministers, the Attorney-General’s Office denied the alleged torture charges and filed notice to oppose the application. The hearing on the matter is still pending.

The Gwisai case demonstrates the urgent need for access to justice for the thousands of victims of state-sponsored torture and political. The most notable examples are the Gukurahundi killing of 20.000 people in Matabeleland and Midlands in the 1980s, the illegal farm seizures in the 2000s and during elections, with the 2008 election violence being the most brutal. During these peaks in violence, the state has been directly implicated in establishing torture camps all over the country, where the police, military and militia have carried out systematic torture of people suspected to be opposition supporters.

Unfortunately, most of the reported cases of these atrocities have remained in the memories of the survivors and in the drawers of human rights lawyers and NGOs, because the police refuse to investigate the cases and the courts are nothing less than an extended arm of the political elite. Many activists who have sought to report cases of political violence and harassment have either been turned away or seen the case being reversed so the victim ended up being accused for political violence.

Time will show if the cases of state torture and violence will finally make it into the court rooms, and more importantly, if the judiciary will be able to secure a free and fair trial without political interference. If Gwisai is successful in suing the Police and Ministers of Home Affairs, there might be hope that a door can be opened for other survivors of torture and political violence to claim justice.

Zimbabwe promises respect for human rights

When Justice and Legal Affairs Minister, Patrick Chinamasa, attended the 19^th Session at the UN Human Rights Council in March 2012, he made a number of promises to improve the human rights situation, including special attention to women’s rights. But with the Government of National Unity’s poor track record when it comes to respecting human rights, it is questionable if these promises will translate into actual changes on the ground.

In October, 2011, Zimbabwe underwent the Universal Period Review (UPR) at the UN Human Rights Council in Geneva. Chinamasa, accepted a wide range of recommendations aiming to improve the human rights situation in Zimbabwe, including 15 recommendations directly dealing with women’s political participation and prevention of marginalisation and gender-based violence.

Since October, Chinamasa has had some time to think, and in his address to the Human Rights Council on 15^th March he made further promises, such as implementation of domestic policies to prevent political violence; ratification of the Convention Against Torture and operationalizing the Human Rights Commission to enable it to investigate human rights abuses.

Zimbabwe Minister of Justice and Legal Affairs, Patrick Chinamasa, speaking at the 19th Session of the UN Human Rights Council

These words are full of promises of a brighter future for women of Zimbabwe, but knowing the history of the current regime’s disregard of its obligations to protect its citizens and promote human rights and social justice for all, there is limited hope that the words will lead to significant changes for men and women of Zimbabwe.

On the contrary, Zimbabwe’s regime has over the years repeatedly proved that promises and signatures on conventions have very limited impact on the actual actions on ground. The Convention on the Elimination of All Discrimination Against Women (CEDAW) serves as a good example.

Zimbabwe ratified CEDAW in 1991, but at the review by the CEDAW Committee in February this year, it became glaringly clear that the state had done very little to live up to its obligations to protect and promote women’s right to take part in the social, economic and political development of Zimbabwe. Despite rosy words and intentions laid out in the Zimbabwean State Report to the CEDAW Committee, the result of the review showed that in reality very little has been done to protect and promote the rights of women.

Women in Zimbabwe are still to a large extent excluded from influence on equal terms with men, and in addition female politicians and civic activists, associated with the democracy movement, are direct targets of state-sponsored political violence.  No serious efforts have been made to end impunity for perpetrators of political violence and make sure women are free and safe to participate in politics and public life.

In spite of the increased pressure on Zimbabwe’s government based on the international human rights obligations, these are only small steps towards greater respect for the rights of all Zimbabweans.

International human rights treaties and review mechanisms are important ways of identifying and addressing human rights violations, but the only way Zimbabweans will see real improvements on the ground is when people stand up and demand their rights as human beings and as citizens of Zimbabwe. Civil society and the broader democracy movement plays an important role in mobilising and organising Zimbabweans to push for the government to become accountable to its people.