Restoration of Human Rights (ROHR) Zimbabwe

ROHR Zimbabwe greets with scepticism the initiative by the political parties to forge a deal whose agenda is to find a long lasting solution to the problems that have besieged Zimbabwe for the past decade. We believe in dialogue and tolerance as pillars to any progressive society insofar as they create the foundation for economic recovery and stabilization underpinned in the principles of democracy, good governance and human rights. From a human rights perspective, the agreement comes as a relief for the ordinary Zimbabweans who bore the brunt of the conflicts and struggles between the ruling party and the main opposition. From such a background, we welcome the truce to the needless and costly encounter and support any overtures towards working together and integrating the heavily polarised citizenry for the sake of progress.

Our hope, like that of the nation, is grounded upon the desperateness and desire of Zimbabwe's peoples and the International community supported by the realization by political leadership on the need to see an end to unbridled impunity, economic malaise and the hopeless suffering that obtains for the majority of Zimbabweans, wherever there are. We are hopeful, but remain reserved on the ability and capacity of the new Government to steer Zimbabwe from the abyss of this economic crises.

We are however concerned that the agreement rewards Robert Mugabe and ZANU PF with the Executive Presidency and with it, the bigger share of the power sharing arrangement, despite him presiding over a failed state and rampant human rights violations in the country from the Gukurahundi massacres in the late eighty's, the destruction of homes and livelihoods during the Murambatsvina operation and recently the post march 29 election violence. Under the agreement Mugabe chairs the cabinet, so far the highest policy formulation organ with executive powers, while Morgan Tsvangirai chairs a council of ministers that is largely consultative/administrative and without executive powers. In this case, the winner is actually the loser! We question the sincerity of Robert Mugabe, given his history of deception and total disregard of the people's will in the previous elections.

Given that the primary concern of the populace is to see a quick recovery to the Zimbabwe economy and the ready availability of food and medicines through an effective and efficient use of the available limited resources, the size of coalition government come as a surprise to the nation. We are shocked to wake up to the only country in the world that not only has two vice presidents, but two deputy prime-ministers. So much for the new government, as if that's not enough, the negotiators agreed to further burden the nation with 31 ministers and a further 15 deputies, exposing the deal to be what it really is: power sharing. Needless to say that there is no logical reason for Zimbabwe to have two vice presidents and two vice prime ministers, and yet some ministries overlaps; an unnecessary burden on the fiscus. We would have thought the negotiators would be more sensitive to the plight of the nation and be able to put the country first, as they divided the people's power amongst themselves and away from the curiosity and participation of the ruled. Apparently Zimbabwe is in dire need of a lasting solution to the myriad of problems of a failed economy and stifled democracy, thanks to Robert Mugabe and his cronies.

The subject of transitional justice remains central to the national healing and reconciliation agenda. In as much as it is necessary to bury the past and focus on the future, ignoring those who abused their power to commit human rights crimes, murder, plunder, rape and the unnecessary political and social disturbances that preceded the 27 June 2008 presidential runoff is to set a very bad precedence and will not be in the best interest of the nation. The agreement remains vague and hazy on what actions the new government will take in addressing these issues. Zimbabwe , we included, will not accept any arrangement that protects and even rewards perpetrators of violence with amnesty and positions in Government.

In that regard, we demand that all service chiefs, Governors, MPs and holders of public office who authored and sponsored the post March 29 violence be forced to resign and be prosecuted. All known perpetrators of violence must be brought to book. This should not be viewed as an act of retribution but a necessary step towards nation building, recommitting ourselves to the service of the people and demonstrating our respect for the rule of law. Justice must prevail over all forms of patronage and favoritisms.

Further to that, we notice that the coalition Government is silent on the need to restructure the judiciary. The justice and legal system in Zimbabwe has been criticised by human rights organisations, opposition parties and the media for not being objective and professional. The Government has been accused of appointing judges apologetic to Zanu PF and exerting undue influence to the courts and in the process, effectively compromising the self regulatory ability of the judiciary to carry out its duties in an impartial, professional and objective manner. By not addressing such an important arm of the State, there is no doubt that disregard for the rule of law and impunity will continue to prevail over justice, effectively dashing the hopes that massive human rights violation in Zimbabwe would end.

We welcome the commitment shown by the coalition partners towards creating a new people driven constitution within 18 months. This should be a platform where all Zimbabweans actively participate in creating a governance framework that guarantees and restores peoples' rights and freedoms, most of which had been lost under the previous government. Draconian laws such as the Public Order and Security Act (POSA), Access to Information and Protection of privacy Act (AIIPA) and Broadcasting Services Act (BSA) must be repealed immediately to give the nation a sense of hope and progress. To the contrary, their continued existence will serve to represent the continued violation of the people's fundamental rights to freedom of association, expression and information.

Lastly, as ROHR Zimbabwe we reiterate that the people of Zimbabwe deserve a government of their choice. We were told that the negotiated power sharing deal was meant to address the governance crisis and bring relief to the suffering people of Zimbabwe . However, it must always be remembered that the people spoke on 29 March 2008 and that the Mugabe regime refused to go. In our view, the GNU deal actually rewarded Mugabe for deploying violence to circumvent the will of the people and this, for the next 5 years! We therefore call for a speedy return to democracy by way of a fresh, free and fair election. Together with Zimbabweans based in the Diaspora and within, we will continue to campaign for genuine and lasting peace, a quick return to democracy and true justice for all.

FROM THE INFORMATION DEPARTMENT

Restoration of Human Rights Zimbabwe, PO Box 8719, Harare. Tel: +263 4 744593