REDRESS/AMANI
are to investigate actions of government officials where it is alleged that a person
has suffered injustice in consequence of that action and it does not appear that
there is any remedy reasonably available by way of proceedings in a court or on
appeal from a court. The Ombudsman Act [Chapter 10:18] was promulgated in
1982 and the office established, but the Ombudsman was specifically precluded
from making any investigations relating to the police, army and prison services. 55
As a result, the Ombudsman could have no impact on human rights abuses. In
1996, the Constitution was amended in order for the Act itself to be widened, and in
1997 the Act was amended by the insertion of a new provision which gives the
President the power to make Regulations providing for all the powers of the
Ombudsman to be exercised over the Defence Forces, the Police Force and the
Prison Service.56 However, the President has made no such Regulations and thus
the Ombudsmans office continues to be precluded from investigating allegations of
human rights abuses by any of these forces. Even if the President was to pass such
Regulations, the Act also provides that the Ombudsman may not investigate such
allegations if the Minister of Justice, Legal and Parliamentary Affairs has given
written notice that the investigation would not be in the interests of public security
or foreign relations of Zimbabwe. 57
Since 1998, the State no longer even attempts to seriously deny the systematic use
it makes of torture, which is now an integral part of its weaponry to repress dissent.
Following the widespread abuses leading up to the June 2000 Parliamentary
election, another amnesty was declared in October of that year. 58 The current
position, therefore, is that the State is taking no steps to prevent or reduce torture,
or to bring perpetrators to justice. For a variety of reasons, any right to reparation
for victims which exists under Zimbabwe law is extremely difficult to pursue, and is
becoming practically impossible in all but a small minority of cases.
C. International Responses
During the fifteen years of UDI, the exposure and condemnation of the widespread
and institutionalised practice of torture under the RF Government became part of
the international campaign to put an end to the illegal minority regime. Torture
took place and was correctly seen in the context of the almost complete denial of all
basic human rights for the majority. Like the other wars for black rule in Angola,
Mozambique, Namibia and South Africa, events in Rhodesia took place in the
context of the larger cold war in which Southern Africa was of considerable strategic
value. The United Nations became an important arena of struggle: international
economic sanctions and an arms embargo were imposed and no country recognised
the rebel UDI state.59 However, Portugal and apartheid South Africa openly defied
the UN and directly supported the Smith Government until 1974 and 1978
respectively, and the major western powers, including the colonial power Britain,
55
Section 8.
56
Section 108 of the Constitution was amended by Section 13 of Act 14 of 1996 [Amendment 14], and was followed
by the Ombudsman Amendment Act, 1997, [No. 4 of 1997].
57
Besides the inherent weakness in the legislation and the lack of political will on the part of Zanu-PF to protect
human rights, the office of the Ombudsman has long been in disarray and is years behind in making the required
annual report of its activities to Parliament. It was foreseen that the amendments would be purely cosmetic, and
indeed irrelevant: see The Ombudsmans new powers to deal with human rights abuses: How effective will these
powers be? Geoff Feltoe, Legal Forum, (Harare), Vol. 9, No. 1, (March 1997), p.37-38.
58
Clemency Order No.1 of 2000, published on 6 October 2000 (General Notice 457A of 2000).
59
For a summary of the General Assembly and Security Council Resolutions see, Racial Discrimination and
Repression in Southern Rhodesia, International Commission of Jurists, Geneva, 1976, pp.8 -9.
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