1. An Overview of Human Rights Violations in Zimbabwe
In the 126 years since the first occupation of the country that is now Zimbabwe the history is
littered with examples of violations of human rights (Sachikonye. 2011). Whilst colonial
conquest would not ordinarily be described as a period in which gross human rights
violations are committed, it is evident that when seen through the lens of modern human
rights law, the early settlement and especially the events that occurred in what was termed
the “Shona rebellion”, or alternatively the “First Chimurenga” would today be called human
rights violations. The coercive power of the settlers established a basis for political power
that remained unchallenged until the 1960s, and the violent resistance to the now-illegal
settler state, the “Second Chimurenga”, led finally to the formation of the new state of
Zimbabwe.
From the early years of settler control until the late 1950s, there was slow opposition to white
settler rule, with the country effectively divided into white citizens and black subjects
(Mamdani. 1996), and resistance grew mainly from the 1920s onwards. This resistance was
mostly peaceful and directed at demands for greater inclusion and participation, and mostly
from the miniscule African middle class (Bratton. 2014). However, the demands became
more strident and assertive, and the coercive power of the state was increasingly used against
workers, protesters and the rapidly developing African political parties (Sachinkonye. 2011).
This was exacerbated by the removal from political power of the liberals led by Garfield
Todd, and the movement towards increasingly uncompromising white supremacy thereafter.
The period was marked by the promulgation of repressive legislation, such as the Law and
Order (Maintenance) Act in 1960, the banning of political parties, and the detention of key
black political leaders. It was also marked by the growth of inter-political party violence as
the black political groupings split into factions and new parties.
Violence escalated as a consequence of the ill-judged decision by the Ian Smith government
with the Unilateral Declaration of Independence in November 1965, creating a pariah state
subject to United Nations sanctions. Although this action was ambivalently dealt with by the
Western nations in the context of the Cold War, as was the case for all the Southern African
settler regimes (Southall. 2013), the nationalist movements were able to draw upon support
from the rest of the now largely-independent Africa, and importantly the independent states
surrounding Rhodesia, with the exception of South Africa and the Portuguese colonies. The
ensuing war, which received a massive boost with the collapse of the Portuguese colonies of
Mozambique and Angola, was bitter and brutal, and there is little doubt that gross human
rights violations were committed on an extensive scale. War crimes - extrajudicial killings,
torture, displacements and the like - were reported, with the major perpetrators being the
Rhodesian forces in all their branches. The guerrilla movements too were reported as
committing gross human rights violations. This was also the period in which the first statute
of impunity was recorded, the infamous Indemnity and Compensation Act of 1975, made
retrospectively applicable to 1972, the year in which it can be said that the Liberation War
became a serious concern for the Rhodesian state. This allowed proactive immunity for gross
human rights violations for all Rhodesian security forces and government employees, and put
paid to the challenges being mounted to these violations by the Catholic Commission for
Justice and Peace (CCJP.1975; CCJP.1976).
Following Independence in 1980, and the much-lauded reconciliation policy of the ZANU PF
government, another extensive period of organised violence and torture took place in the
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