SADC too would seem to have avoided the problem. As the SADC Treaty indicates, countries that act
in a manner contrary to the treaty must be dealt with, and it seems obvious that allegations of crimes
against humanity would be a reason for SADC to at least undertake some credible investigation of the
allegations. However, SADC prefers, Botswana apart, to push for an all-inclusive government and
ignore the problem completely. SADC has not even made public the report of the findings of the
military mission sent by the “facilitator”, President Thabo Mbeki, and an important opportunity to
come to some judgement about the violence of the past few months has been missed.
In the absence of a credible response by the Zimbabwe government, SADC, and the AU, the Human
Rights Forum thus makes the following call to the international community:
•
To immediately send an international investigatory team to Zimbabwe, headed
by the UN Special Rapporteur on Torture and under the umbrella of the United
Nations Commission for Human Rights;
•
to compile a report based on existing evidence as well as undertaking basis
investigations of its own;
•
to make recommendations to the United Nations Security Council about the
nature of the recent violence, and to indicate who has been responsible for this
violence;
•
if the allegations that crimes against humanity have been committed are
substantiated, to make recommendations for legal and political action against the
perpetrators and those responsible.
There are also the issues now related to the Global Political Agreement [GPA] signed on 15
September, and here the Human Rights Forum has outlined a number of minimum demands on its
position on transitional justice [see Appendices 1 and 2 over]. It is noteworthy that the Agreement
does indicate that there should be prosecutions for political violence, and certainly no formal amnesty
has been declared, but the scale of the violations committed in the past 9 years requires a more
robust approach than this mere recommendation of the GPA. Crimes against humanity require the
most robust response possible, as was suggested by the Human Rights Forum previously [see again
Appendices 1 and 2], but, failing this, then it is the responsibility of the international community to
act. This can be no better put than in the words of Lord Millet in the Pinochet case:
“Since the Second World War states have recognised that not all criminal conduct
can be left to be dealt with as a domestic matter by the laws and the courts of the
territories in which such conduct occurs. There are some categories of crime of such
gravity that they shock the consciousness of mankind and cannot be tolerated by the
international community. Any individual who commits such a crime offends against
international law. The nature of these crimes is such that they are likely to involve
the concerted conduct of many and liable to involve the complicity of the officials of
the state in which they occur, if not of the state itself. In these circumstances it is
desirable that jurisdiction should exist to prosecute individuals for such conduct
outside the territory in which such conduct occurs.” [Millet, ex parte Pinochet
(3)(1999)]54
54
Cited in SITO (2008), Defining violation: Political violence or crimes against humanity? Piers Pigou, Director, Southern African
Historical Archives. [Paper commissioned by the Research and Advocacy Unit]. IDASA:PRETORIA.
Select target paragraph3
Add to table of contents