that the Abuja Agreement was followed in any credible fashion, and, whilst all can still agree
that land reform is a key element in the Zimbabwe crisis, there is little evidence to suggest
there has been any managed land reform to the benefit of ordinary Zimbabwean citizens for
whom such reform is critical. The point to stress here is that, even in respect of a problem
that had the support of the Commonwealth, the Zimbabwean Government’s action lacked
bona fides and failed to implement an agreement to which it voluntarily acceded.
5.2
Human rights
Political violence and associated human rights violations have been shown by all observers to
have
continued
unabated
in
the
period
after
Zimbabwe’s
withdrawal
from
the
Commonwealth. There are numerous reports to support this assertion the conclusions of
which may be broadly summarized as follows:
•
•
•
•
•
•
•
•
•
All reports show that the violence has been disproportionately one-sided, and against
the MDC and other groups not supporting ZANU (PF);
All reports show that the violence attributed to ZANU (PF) is different to the violence
attributed the other groups, both qualitatively and quantitatively;
The violence attributed to ZANU (PF) shows evidence of systematic torture,
abductions, disappearances, summary executions and extra-judicial killings, while this
is very rarely the case with violence attributed to other groups such as the MDC;
The systematic torture shows a strong association with officials of the State –
members of parliament, the police, the CIO, and other officials – as well as an
association with groups closely affiliated to ZANU (PF) – “war veterans”, youth
militia, ZANU (PF) youth, ZANU (PF) supporters, ZANU (PF) party officials, etc;
The evidence shows plausible allegations of the involvement of senior party and
government leaders in the violence and there are many statements from victims
implicating such persons;
The evidence suggests that the militia have continued to operate with impunity. It
also shows a very strong association between the youth militia and torture, and it is
not contested that there are training camps for the youth militia or that government
funds have been allocated to such training;
There is no, or very little evidence of, any attempt by the executive or organs of the
State to proactively deal with the violence;
The evidence suggests, to the contrary, that there are an enormous number of
examples of hate speech, and incitement to violence and lawlessness by virtually all
members of the executive, the parliament, ZANU (PF) and supporters of ZANU
(PF);
Finally, there is strong evidence of interference by the State, state officials, and ZANU
(PF) supporters, with the judiciary, magistrates and law officers, and that orders of
the High Court and Supreme Court have been ignored or flouted.
The human rights violations were discussed in detail by Zimbabwean civil society and human
rights organizations at a symposium on issues of Transitional Justice in 2003, and the
considered views of representatives of more than 70 Zimbabwean organizations were
expressed in a Declaration issued at the end of the symposium. In short, the Declaration
made the assertion that the human rights violations that have taken place since February
2000 constitute “crimes against humanity”.
From 2000 onwards, there have been increasing levels of violence resulting
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