News / National
Zim human rights atrocities starts after 2009
11 Jul 2012 at 06:54hrs | Views
MPs from the two MDC formations were last night pressured into accepting that all human rights atrocities committed against the people of Zimbabwe before February 2009 should not be investigated by the Human Rights Commission.
Despite the legislators putting up a spirited fight in Parliament against a clause in the Zimbabwe Human Rights Commission Bill limiting investigations to the period after February 13, 2009, Justice minister Patrick Chinamasa told them that the matter had been agreed to by negotiators from the three political parties in the inclusive government. After Chinamasa's explanation, the MPs did not make further objections to the passage of the clause.
The chief negotiators included Chinamasa, Nicholas Goche (Zanu PF), Tendai Biti, Elton Mangoma (MDC-T), Priscilla Misihairabwi-Mushonga and Welshman Ncube (MDC) at that time.
This means that if the Bill finally sails through both Houses of Parliament, the Human Rights Commission would be barred from probing issues such as the 2008 political violence, the 2005 Murambatsvina human rights violations and the emotive Gukurahundi massacres.
Besides the Human Rights Commission Bill, Parliament, whose present life is due to end in two weeks, also debated the Electoral Amendment Bill.
In an apparent trade-off of positions by the negotiators, Zanu PF in turn bowed to the MDCs' pressure with regard to different sections of the Electoral Amendment Bill. The MDCs want the polling station-based voting clause in the Bill dropped, at least during the next election although that could be resuscitated in the following polls.
The MDCs argued that polling station-based voting infringed on people's constitutional rights in that it deprived people the right to vote from wherever they want. The parties want people to vote from wherever they are, including the Diaspora.
The MDCs had sought to have the section stipulating that the Human Rights Commission "shall not investigate a complaint relating to an action or omission that occurred earlier than February 13, 2009" when the Global Political Agreement (GPA) was signed, dropped. They wanted the commission to be able to investigate all known human rights abuses.
According to Chinamasa, the amendments to the two Bills which have implications on forthcoming elections were subject to negotiations by the negotiators of the GPA. He said it took two years to reach an agreement.
Chinamasa said there was no need for MPs to keep arguing because the GPA negotiators had already agreed that complaints emanating prior to February 13, 2009 would be dealt with by the Organ of National Healing, Reconciliation and Integration.
Mbizo MP Settlement Chikwinya (MDC-T) argued there was a large section of Zimbabweans who were affected by human rights violations before 2009 and the cut-off date should be left open to allow those grievances to be heard.
Other MDC-T legislators â€" Innocent Gonese (Mutare Central), Evelyn Masaiti (Dzivarasekwa), Felix Magalela Sibanda (Magwegwe) and Siyabonga Ncube (Insiza) â€" supported Chikwinya's arguments, but they were all overruled by Chinamasa.
"The issue of dates should be left open because we make laws to protect people and we should not put cut-off dates as if there is something we are afraid of, and we should embrace everyone who feels their rights were violated before independence, after independence or in 2008," argued Masaiti.
"We know this Bill was negotiated by the principals in the GNU (government of national unity), but Parliament also has a mandate to serve the 210 constituencies and we have been sent by our constituents to say stipulating a date is not palatable with their human rights enjoyment and those people who are aggrieved â€" even those from 1890 if they are still around â€" should be allowed to be heard to allow transitional justice and the healing process to take place," chipped in Magalela Sibanda.
Zanu PF legislators Isheunesu Muza (Redcliff), Samson Mukanduri (Zaka East) and Ronald Ndava (Chiredzi North), however, argued a cut-off date should be stipulated and not left blank to avoid looking at violations that happened in 1890.
Chinamasa said: "We should look into the future and not expend our energies looking into the past. These debates are acrimonious and energy-sapping because we want to find common ground. The Human Rights Commission was sworn in 2009 but because of bickering, two years have gone without it being operational.
"We cannot expend all our energies to go and hunt all white men who committed atrocities in the bush and let us not undo what has taken two years to negotiate."
On the Electoral Amendment Bill, Chinamasa said results of Presidential elections should not take more than five days to be announced. He also said if none of the Presidential candidates got 50% plus one vote, a runoff poll shall take place.
However, recommendations by the Parliamentary Portfolio Committee on Justice, Legal and Parliamentary Affairs, chaired by Nyanga North MP Douglas Mwonzora, were that the results should be announced within 48 hours.
Chinamasa also said new proposed amendments would be that the period from the date of proclamation of elections should be 90 days and voter education should commence the week after publication of the proclamation.
He said political parties would be prohibited from announcing results of elections as it would now become the duty of the Zimbabwe Electoral Commission and proposed the voters' roll should be polling station-specific in the election subsequent to harmonised elections to eliminate double voting.Political parties will now endorse the nomination forms of candidates instead of signatures of five people appearing on the voters' roll, except for independent candidates.
The blind, physically challenged and illiterate will be assisted to vote by a person of their choice.
Despite the legislators putting up a spirited fight in Parliament against a clause in the Zimbabwe Human Rights Commission Bill limiting investigations to the period after February 13, 2009, Justice minister Patrick Chinamasa told them that the matter had been agreed to by negotiators from the three political parties in the inclusive government. After Chinamasa's explanation, the MPs did not make further objections to the passage of the clause.
The chief negotiators included Chinamasa, Nicholas Goche (Zanu PF), Tendai Biti, Elton Mangoma (MDC-T), Priscilla Misihairabwi-Mushonga and Welshman Ncube (MDC) at that time.
This means that if the Bill finally sails through both Houses of Parliament, the Human Rights Commission would be barred from probing issues such as the 2008 political violence, the 2005 Murambatsvina human rights violations and the emotive Gukurahundi massacres.
Besides the Human Rights Commission Bill, Parliament, whose present life is due to end in two weeks, also debated the Electoral Amendment Bill.
In an apparent trade-off of positions by the negotiators, Zanu PF in turn bowed to the MDCs' pressure with regard to different sections of the Electoral Amendment Bill. The MDCs want the polling station-based voting clause in the Bill dropped, at least during the next election although that could be resuscitated in the following polls.
The MDCs argued that polling station-based voting infringed on people's constitutional rights in that it deprived people the right to vote from wherever they want. The parties want people to vote from wherever they are, including the Diaspora.
The MDCs had sought to have the section stipulating that the Human Rights Commission "shall not investigate a complaint relating to an action or omission that occurred earlier than February 13, 2009" when the Global Political Agreement (GPA) was signed, dropped. They wanted the commission to be able to investigate all known human rights abuses.
According to Chinamasa, the amendments to the two Bills which have implications on forthcoming elections were subject to negotiations by the negotiators of the GPA. He said it took two years to reach an agreement.
Chinamasa said there was no need for MPs to keep arguing because the GPA negotiators had already agreed that complaints emanating prior to February 13, 2009 would be dealt with by the Organ of National Healing, Reconciliation and Integration.
Mbizo MP Settlement Chikwinya (MDC-T) argued there was a large section of Zimbabweans who were affected by human rights violations before 2009 and the cut-off date should be left open to allow those grievances to be heard.
Other MDC-T legislators â€" Innocent Gonese (Mutare Central), Evelyn Masaiti (Dzivarasekwa), Felix Magalela Sibanda (Magwegwe) and Siyabonga Ncube (Insiza) â€" supported Chikwinya's arguments, but they were all overruled by Chinamasa.
"The issue of dates should be left open because we make laws to protect people and we should not put cut-off dates as if there is something we are afraid of, and we should embrace everyone who feels their rights were violated before independence, after independence or in 2008," argued Masaiti.
"We know this Bill was negotiated by the principals in the GNU (government of national unity), but Parliament also has a mandate to serve the 210 constituencies and we have been sent by our constituents to say stipulating a date is not palatable with their human rights enjoyment and those people who are aggrieved â€" even those from 1890 if they are still around â€" should be allowed to be heard to allow transitional justice and the healing process to take place," chipped in Magalela Sibanda.
Zanu PF legislators Isheunesu Muza (Redcliff), Samson Mukanduri (Zaka East) and Ronald Ndava (Chiredzi North), however, argued a cut-off date should be stipulated and not left blank to avoid looking at violations that happened in 1890.
Chinamasa said: "We should look into the future and not expend our energies looking into the past. These debates are acrimonious and energy-sapping because we want to find common ground. The Human Rights Commission was sworn in 2009 but because of bickering, two years have gone without it being operational.
"We cannot expend all our energies to go and hunt all white men who committed atrocities in the bush and let us not undo what has taken two years to negotiate."
On the Electoral Amendment Bill, Chinamasa said results of Presidential elections should not take more than five days to be announced. He also said if none of the Presidential candidates got 50% plus one vote, a runoff poll shall take place.
However, recommendations by the Parliamentary Portfolio Committee on Justice, Legal and Parliamentary Affairs, chaired by Nyanga North MP Douglas Mwonzora, were that the results should be announced within 48 hours.
Chinamasa also said new proposed amendments would be that the period from the date of proclamation of elections should be 90 days and voter education should commence the week after publication of the proclamation.
He said political parties would be prohibited from announcing results of elections as it would now become the duty of the Zimbabwe Electoral Commission and proposed the voters' roll should be polling station-specific in the election subsequent to harmonised elections to eliminate double voting.Political parties will now endorse the nomination forms of candidates instead of signatures of five people appearing on the voters' roll, except for independent candidates.
The blind, physically challenged and illiterate will be assisted to vote by a person of their choice.
Source - newsday
