Source: National Transitional Justice Working Group (NTJWG)
Stakeholders in Masvingo across the political divide agree on one thing – state institutions have a constitutional obligation and moral mandate to work for the peace, stability and development of the country; and so far they have failed dismally necessitating the need for fundamental reforms.
This was the message from policymakers, experts and the general citizens at a Policy Discussion Forum convened by the National Transitional Justice Working Group (NTJWG) and Tell Zimbabwe in Masvingo yesterday. Dr. Takavafira Zhou, in presenting a policy paper on institutional reforms said that there is hope for better things to come, particularly with the establishment of the National Peace and Reconciliation Commission by section 252 of the Constitution.
For successful reconciliation and durable peace to ensue in Zimbabwe he said there is need to reform the army, the police, the intelligence, the judiciary and the traditional leadership. The 1980 reconciliation policy was a reconciliation of ZANU PF and the whites while the fifth brigade was killing fellow blacks in Matebeleland and Midlands during Gukurahundi. The 1987 Unity Accord was unity of leaders while the people were not united. He said that Zimbabwe’s political reconciliation was built in sand. Reforming institutions that currently serve partisan interest was critical to ensure they serve justice and peace. Failure to do that means that our reconciliation is built on sand.
To ensure that institutions support the process of genuine reconciliation and sustainable peace, Dr. Zhou recommended the immediate operationalisation of the National Peace and Reconciliation Commission, the prompt investigation of all reports of human rights violations, where sufficient admissible evidence is found that perpetrators be prosecuted, vigorous research into human rights violation by state institutions, the insistence (despite resistance) that state institutions must abide by the Constitution and the laws of the country, as well as the best international human rights standards and the highest standard of professionalism, that Zimbabwe should ratify the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and that security institutions submit themselves to civilian authority and oversight.
Dr. Zhou added that in light of recent increased human rights violations by the police, human rights education and conflict management and peace building must be entrenched in their training.
In their report to the United Nations Human Rights Council, the government of Zimbabwe has indicated that over 30 000 police officers have undergone training in human rights. However, the Zimbabwe Human Rights Forum’s September Organised Violence and Torture Report of September 2016 has identified that police were responsible for 65% of the torture that happened in that month in Zimbabwe. This does validate Dr. Zhou’s recommendation for genuine training in human rights for security sector, not just ticking of boxes.
Members of Parliament and other policy experts present at the meeting were given time to comment on Dr. Zhou’s suggestions. Despite the tension among different political parties, there was an agreement of the need for reform of institutions so that they work for peace.
Hon. Dr. Daniel Shumba, Member of Parliament for Masvingo Urban said that corruption and partisanship must not be tolerated in the state institutions. He said members of the public have a duty and responsibility to engage institutions and work for positive transformation in those institutions instead of merely complaining. Mr. Chitando from Zimbabwe People First said that when the security sector is implicated in violation of the Constitution, the leader of that sector who is the commander in chief must take the responsibility as he is sworn in to defend the constitution. Ms. Hilda Sibanda from the Renewed Democrats of Zimbabwe said state institutions had caused a lot of suffering and lamented the abduction of Itai Dzamara and the torture of Linda Masarira as works of partisan security institutions. Mr. Mupindu of the MDC – T said the constitution gives a foundation for building non-partisan institutions hence a legal basis to start work in building institutions that work for peace.
The Policy Discussion Forum in Masvingo came at a time when political tensions are rising and this was clear in the meeting. Despite agreement on the key problems, there was no agreement on who is to blame as political parties exchanged accusations and counter accusations. It is extremely difficult to have a dialogue on institutional reform when there are accusations and finger pointing. But the political parties in Masvingo must be congratulated for their bravery and commitment to contribute to the building of a better Zimbabwe.
Much tribute goes to members of NTJWG – Tony Reeler and Ray Motsi who defied the sceptics and set the table for starting this difficult dialogue in these difficult times. NTJWG is very grateful to stakeholders in Masvingo, with special mention of ZimRights, Legal Resources Foundation and Tell Zimbabwe who coordinated the discussion Forum. The NTJWG is grateful to the Swiss Embassy in Zimbabwe who supported the meeting.
A full report of the meeting will be compiled and shared with all stakeholders.
Source: National Transitional Justice Working Group (NTJWG)