In addition, the MDC committed itself to institutional transformation, seeking “to rebuild democratic
structures based on the rule of law”, and setting out more specifically, that “institutions that have been
damaged or abused will be rebuilt, particularly the courts, the law enforcement agencies and public service. This
will be done through extensive retraining and the redeployment of personnel”. The MDC also committed
itself to a process of lustration, specifying that “no-one who is found guilty of serious human rights
abuses will remain in a government post”.14
ZANU(PF)
The ZANU(PF) government and ruling party also ignored a request from the Human Rights
NGO Forum and the Crisis Coalition of Zimbabwe, for a meeting to discuss the ‘Johannesburg
Declaration’. Letters were sent to the Speaker of Parliament and the Ministers of Justice, Home Affairs
and Defence, but no response or even acknowledgement was received. This is not surprising, given
their track record towards dealing with issues of human rights violations and their increasingly
hostile attitude towards the human rights NGO community.
As already indicated, ZANU(PF)’s reaction to ongoing and widespread allegations of abuse has
been one of avoidance, denial and counter-allegation. More specifically, assertions of abuse are
portrayed as malicious untruths sponsored by external imperialist interests (particularly the British)
designed to undermine the legitimacy of the government and to effect ‘regime change’. No-one
appears to be immune from such labelling, as illustrated by statements made by the Zimbabwean
government against Nobel Laureate and former TRC Chairperson, Archbishop Desmond Tutu,
the Congress of South African Trade Unions and the authors of a report compiled on Zimbabwe’s
deteriorating situation by the African Commission for Human and People’s Rights and the United
Nations Economic Commission for Africa.
The government does, however, selectively raise human rights issues, and frequently makes reference
to past colonial violations, primarily as part of its general approach towards legitimising the land
reform process. Despite this, it has not publicly engaged in any processes to address violations
in the post-colonial era. The government did, however, appoint the Chihambakwe Commission
of Inquiry in the face of widespread demands from civil society to investigate the Gukurahundi
atrocities, but then refused to make the report publicly available.
Although organised violence and torture remains a critical concern to the MDC, the government/
ZANU(PF) representatives involved in the tentative dialogue process have consistently refused to
entertain any discussion on issues of accountability for human rights violations. This position is
likely to be maintained, so long as ZANU(PF) believes it retains an insurmountable position of
strength. If this situation changes, however, and a more meaningful dialogue with other parties
develops, issues of justice and accountability could become subject to negotiation and political
compromise. Experience elsewhere also suggests that such concerns could be sacrificed on the altar
of political expediency.
Prior and current developments
The following sections explore some of the transitional justice developments that have already taken
place in Zimbabwe, in spite of the current situation.
Trials
In the current context of continuing abuses in Zimbabwe, there is considerable support in many
quarters for perpetrators of gross human rights violations to be brought to trial.
14
From Crisis to Democratic Human-Centred Development: Values, Goals and Policies of the Movement for Democratic Change
(MDC), December 2003, Section 2.3.1, pp. 23–24.
10