VIII. Restoring the Rule of Law and Addressing Accountability
under a New Government
In a country where millions are facing severe food shortages and where inflation is
running at 2.79 quintillion percent—a country where half the population is uncertain
where food will come from in the coming weeks—restoring the rule of law and
addressing accountability may seem an elitist concern divorced from the priorities of
ordinary people. But during 2008 Zimbabweans have shown their determination to
challenge those in power and have demanded change through the ballot box. The
reality is that over a long period of time, ZANU-PF has been transforming the
institutions of justice into critical agents of repression and, in 2008, they have been
deployed as shock troops in its resistance to change. The reform of the judiciary and
the police is fundamental to the restoration of normality and respect for human
rights not just in Zimbabwean political affairs, but also in the lives of ordinary
Zimbabweans.
Zimbabwe has a history of violent elections since attaining majority rule in 1980. It
also has a history of granting amnesty to perpetrators of political violence, who are
invariably ZANU-PF supporters. Granting broad amnesties to those implicated
deprives victims of the right to a remedy, sends a message that the government
condones politically motivated crimes, and encourages rather than deters future
political violence.
In 1988 the government of Zimbabwe issued Clemency Order Number 1, pardoning
all people involved in human rights violations committed between 1982 and 1987,
benefiting mainly state security forces.155 In 1993 President Robert Mugabe granted
amnesty to two state agents convicted of attempted murder of an opposition
candidate—Patrick Kombayi who represented Zimbabwe Unity Movement in Gweru
Urban—in the 1990 elections.156 In 1995 President Mugabe again issued amnesty for
all politically motivated crimes and human rights abuses, including beatings, arson,
155
Clemency Order Number 1 of 18 April 1988.
156
Amnesty International, Zimbabwe: Toll of Impunity, AFR 46/034/2002, June 25, 2002,
http://www.amnesty.org/en/library/info/AFR46/034/2002 .
“Our Hands Are Tied”
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