In respect of those who are alleged to have engaged in unlawful violence the law must
continue to take its course. However these cases must be dealt with according to the
ordinary rules of procedure and evidence which are there to ensure that accused
persons receive fair trials. Any cases that were hurriedly processed through the courts
in the emotionally charged atmosphere following upon the food riots must be
thoroughly reviewed to ensure that no miscarriages of justice have occurred. The
sentences in these cases must also be carefully scrutinised to ensure that they were
fair and not disproportionate, taking into account the all the relevant factors that have a
bearing upon sentence, including the fact that the criminal action may have been an
expression of anger and frustration about harsh economic conditions. On the other
hand, more deterrent sentences are obviously appropriate for hooligans and criminals
who simply took advantage of the troubled situation to commit crimes.
Last but certainly not least, mechanisms must be established to ensure that
businesspersons who suffered financial loss as a result of the riots receive
compensation or at least soft loans to allow them to re-establish their businesses.
There was no response from either the President or parliamentarians, and thus the Human
Rights Forum took the step of lobbying the UN Human Rights Committee at its meeting to
consider the implementation by Zimbabwe of the International Covenant on Civil and Political
Rights. When the Committee produced its final report in September 1998, it made a strong
statement endorsing the call by ZHRNF for an independent commission of inquiry. The UN
Committee made two specific recommendations in respect of the Food Riots:
16. The Committee expresses its concern over recent reports of excessive use of force
by the police and the army during food riots in 1998. The Committee urges that all
cases of alleged excessive use of force committed by members of the police or the
army be investigated by an independent and impartial body, that action be taken
against those officers found to have committed abuses and that compensation be paid
to the victims; the State party should report to the Committee thereon. Intensive training
and education programmes in the field of human rights for members of the army and
law enforcement officials are recommended. The Committee urges that the list of
situations in which the use of lethal force is allowed under domestic law be reduced.
30. The Committee requests the State party to ensure the wide dissemination in
Zimbabwe of the Covenant, the State party report and the Committee's concluding
observations.
There has been no wide dissemination as requested, and since the Government has made no
steps to either constitute a commission of inquiry or compensate those who suffered human
rights violations, the ZHRNF decided to go ahead and support the request by survivors for civil
claims against the Government. To date, 40 suits have been filed against the Zimbabwe
Republic Police and the Zimbabwe National Army. The Government, through the office of the
Attorney-General, has indicated that it will contest all claims.
The present report is an extension of the original report submitted to the President and
Parliament, and, as was indicated in the original report, it was the intention of the Human Rights
Forum that a more complete report be compiled. The present report is submitted again with the
appeal for an independent commission of inquiry. As will be seen, the facts that have been
established make a strong prima facie case that the principle of minimum force was exceeded,
and it is in the interests of the country that this does not happen again. The publication of the
present report has possibly even greater importance in the light of the recent events concerning
the role of the military in Zimbabwean civilian life.
2. Background to the Food Riots