majority rule had been established. Thus the application of certain fundamental rights, which
include freedom of association, assembly and movement, was suspended for twenty-five years.
Nonetheless, the Smith regime adopted harsher measures and rigorously implemented racial
segregation. The greatest incidents of widespread and systematic violence occurred after 1972
during the civil war between Zimbabwean liberation movements and the Rhodesian forces. It is
said that other tactics employed included the use of food as political weapon, strict control over
access to land, propaganda, censorship and the use of biological warfare. In addition to
violations by the Smith regime, the liberation movements have been implicated in gender based
violence and humanitarian and human rights violations committed during the civil war.
Unanswered questions about high profile murders of Herbert Chitepo, Josiah Tongongara, Nikita
Mangena and Jaison Ziyaphapha Moyo linger in the memories of most Zimbabweans who are
familiar with this historical period.
Impunity and the transition from Rhodesia (1979-1980)
Economic pragmatism in the Lancaster House Agreement necessitated the inclusion of
sweeping amnesty provisions. This was typical of negotiated settlements that were part of
Britain's process of de-colonisation. These provisions covered both infringements of rights by the
Rhodesian regime and those committed by the nationalists in attempts to overthrow it. The
British government was also excused from any liability in tort and reparations proceedings.
Public debts accrued from Rhodesia, including war debts, were however, not extinguished and
accordingly inherited by the new Zimbabwean state.
It has to be highlighted that the decision to draw a line through the past was negotiated
amongst three sets of elites who had in one way or another all been complicit in Rhodesian
human rights abuses. Victims were not consulted and after his electoral victory in 1980, ZANU PF
leader Robert Mugabe declared that for the sake of nation building and reconciliation,
Zimbabwe had now forgiven and forgotten the human rights atrocities committed in Rhodesia.
As will be briefly highlighted below, this post-Rhodesia amnesia was to be the preferred strategy
of independent Zimbabwe in dealing with human rights abuses that occurred during its periods
of unrest. In this regard, four post-independence epochs can be analysed.
I
1980-1988
To reiterate, human rights abuses committed in the colonial era were not punished, investigated or
even publicly acknowledged. Enabling legislation was adopted to facilitate the 'forgive and forget'
22
The Second International Conference on Transitional Justice in Zimbabwe
Select target paragraph3
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