Ban Torture in Zimbabwe

If fear of torture was an Olympic event, Zimbabwe would have a realistic chance of medalling. The flag would be raised with the red stripes signifying the blood of our fellows gracing the arena with no consequence. Tears, fears, memories and more fears.

Zimbabweans across the political divide now acknowledge the ugly role of violence in our society. Torture, cruel, inhuman and degrading treatment may claim a role in the creation and maintenance of a toxic environment in which lives have been lost and seen millions of Zimbabweans fleeing their country of birth.

Zimbabwe is a country whose self inflicted wounds need healing and fast. To do this, Zimbabwe needs to create an environment conducive for non-violence.

The wheel was invented by the brewery of universal human rights, the United Nations, in the form of the 1984 UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT).

About 147 countries in the world are party to the CAT. Zimbabwe is one of the very few countries in the whole world that have not signed or ratified the CAT, for reasons we shall not seek to know.

This week, I make the case that Zimbabwe must immediately sign and ratify the CAT, which article 4 would require Zimbabwe to ensure "that all acts of torture are offences under its criminal laws." This will include an attempt to commit torture and an act by "any person which constitutes complicit or participation in torture."

The issue about the CAT was raised with Zimbabwe Justice and Legal Affairs Minister Patrick Chinamasa last October during the 12th UN Human Rights Council Universal Periodic Review on Zimbabwe. Given Zimbabwe's reliability on ratifying  UN Conventions, it is surprising that there has been lack of appetite in signing this important human right pillar to protect Zimbabweans since its existence in 1984.

I have no doubt that abolition of torture in Zimbabwe and invoking laws that make it punishable in our courts will be a cause for celebration, not only on the 26th of June, the International Day in Support of Torture Victims but everyday. Ordinary Zimbabweans should approach their Members of Parliament and demand that Zimbabwe immediately ratifies the CAT and pass laws that will support it.

I hope the Ministry of Justice and Legal Affairs will, in anticipation of a new torture free Zimbabwe, arrange courses to educate security forces who manage law and order on how to do so without resorting to torture or inhuman, degrading treatment and punishment.  

ZUPA, the organisation I work for, which represents the interest of millions of unemployed Zimbabweans believes that torture is bad for Zimbabwe. Unemployed Zimbabweans in many areas have shied away from asserting their rights due to fear of torture and inhuman treatment. Many Zimbabweans in the Diaspora who could be returning to Zimbabwe to create jobs for ZUPA members have a genuine fear.

A post CAT Zimbabwe would definitely be a challenge to all. I believe that there is a need to engage Zimbabweans at all levels in this debate and raise awareness. All Zimbabweans should be aware that according to the UN: "Any act by which severe pain or suffering whether physical or mental, is intentionally inflicted on a person from such purposes as obtaining from him or a third person, information or a confession, punishing him …" is torture and would be banned in Zimbabwe.

Should Zimbabwe ratify the Convention against Torture, laws making torture illegal and systems will need to be put in place to ensure that torture does not occur in Zimbabwe; any reported cases of torture would need to be promptly be investigated and victims of torture must have an enforceable right to compensation. The state would not be able to evidence obtained under torture in the courts and stopped from extraditing people to countries where they may be tortured.

Zimbabweans would be able to call upon an UN committee responsible for monitoring and investigating torture to come to Zimbabwe for investigations.

Article 2 of the CAT would ensure that: "No exceptional circumstances whatsoever may be invoked to justify torture, including war, threat of war, internal political instability, public emergency, terrorist acts, violent crime, or any form of armed conflict.

"Torture cannot be justified as a means to protect public safety or prevent emergences." It will not be defence in court for any officer or public official to cite order by a superior as justification for torture.

Of course we all have to abide by the law and maintain order, but beatings, torture and inhuman treatment or punishment would slowly be a thing of the past.

At the 12th UN UPR, Justice and Legal Affairs Minister Chinamasa said he was going  to look into the CAT ratification.

The Justice Ministry, the GNU, human rights lawyers and the ordinary people of Zimbabwe must surely be seized with this important issue and ensure that Zimbabwe signs and ratifies the UN Convention against Torture. Yours truly would love to start preparing a speech for the 26th of June when Zimbabwe would join 98 percent of the world in celebrating the day and supporting the victims of torture.

That, is the way I see it in this 6th week of 2012.  

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Thamsanqa Zhou Jr is the Director of Strategy for ZUPA, the association in Zimbabwe representing the interest of unemployed people or in poverty. He is writing the Column "The Way I See it" weekly, in his personal capacity and is contactable on Thamsanqa.zhou.jnr@zupazim.org