By Scott Morgan
august 6, 2004
at the annual meeting in May 2001 in Tripoli, Libya The african Commission on Human and People’s Rights (african Commission) decided to send a fact-finding Mission to determine what the climate for Human Rights was in that troubled Country. The mission was in the country from the 24th through the 28th of June 2002. This was after the highly controversial Presidential Elections that were held earlier that year. The stated purpose of that mission was to gather information on the situation. The method was to listen and observe the situation from various angles, listen to statements and testimony from all actors and conduct a dialogue with the Government, Opposition and NGOs.
The Mission made some crucial findings about the status of Human Rights in Zimbabwe. It found that the issue of Land Reform was paramount in Zimbabwe as it was felt to be the basis for the current decline in freedom. It felt that the issue needed to be addressed in order for Human Rights to be defended. It was able to ascertain that during the time the mission was in the country that Human Rights Violations did occur. although members of the government were not found to be directly responsible they did benefit from the abuses. It also ruled that Government could not wash it hands from responsibility from these events that were taking place in Zimbabwe. By the statements issued and the use of rhetoric and failing at crucial times to up hold the rule of law the government failed to signal a commitment to the rule of law.
One important finding is that there is no institution empowered with oversight. The position of Ombudsman is weak to the point that there is no public confidence in that institution. The mission found that the current position at that time was inadequate. Hence there was no avenue for redress against the illegal acts of the Police let alone receive complaints against them. So the people of Zimbabwe have no confidence in that position despite the attempts of Government to address the situation.
The Mission made several recommendations that could solve the malaise that currently encompasses Zimbabwe. The Politicization of the Zimbabwe National Police Must End, Government needs to establish independent and credible national institutional institutions, a climate conducive to freedom of expression in Zimbabwe , the mission felt that the registration of journalists, regulation of access to broadcast media by any authority not independent or accountable to the public creates a system of political patronage and control. It also noted that at the time of the visit, Zimbabwe needed to file three reports to fully comply with article 62 of the african Charter.
What was the next step in this sad tale? This report was kept in the dark for 2 years. a previous attempt to release the document in the 2003 meeting was defeated. When at the meeting this year in addis ababa there were indications that finally this report will see the light of day and the african Leaders will address this tragic situation. When it was released the only country that did not know that the release was coming was Zimbabwe. at a meeting of Foreign Ministers Mr. Mundenge, the Zimbabwean foreign minister loudly complained. and after the alleged intervention of South africa the report was shelved again for another 12 months. The report and process was incomplete as Zimbabwe had not officially responded to the report. The country complained that they had yet to see the document despite statement from Human Rights groups in Zimbabwe that the government had possessed it for almost 2 years. The Zimbabwean Government was given a week to reply.
So what is the status of Human Rights in Zimbabwe? after creating a new law curtailing the use of the Internet to the point that ISPs can go out of business if they do not comply and spy on their customers and report certain messages so they can control freedom of expression, one could ask what next? a newspaper that is owned by a member of the ruling party that has fallen from grace was ordered to close for one year for violating the law. This was dubious as it was seen to silence another critical voice. Non-profits, including churches that provide food and health care are targeted for closure as they are seen as interfering in state affairs. a new law, which, if passed will target some for closure. In an attempt to shield itself from growing International scrutiny there are reports that several countries including the United States that have appointed new ambassadors that may not have their credentials honored. also there is a report of a prominent doctor from Kentucky who was in the country on a mission trip who has been detained. He had been practicing medicine without a licence while on a mission trip to the country. His status is unknown. altogether the status has not changed there
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