By Mandoza WaMazivisa | If International law worked, one could safely state that the situation in Zimbabwe is ripe for humanitarian intervention in order to protect endangered civilians. Humanitarian intervention would have to be applied by force without the consent of the Zimbabwe government because the situation in that country is developing into a genocide. Humanitarian intervention would be justified in Zimbabwe because of the extreme humanitarian need caused by lack of leadership and the current disproportionate use of force by the security services.
The situation in Zimbabwe is definitely a breach of the peace and decisive action which is provided for under the UN Charter is desperately needed. The African Union as a regional organisation with power under the charter to intervene where situations are likely to breach the peace on the African continent have proven to be inept and unable to give a moral compass to the continent’s leadership.
The AU needs to work very hard to improve its reputation because its citizens have now realised that it is an institution not fit for purpose. Since 1960 to date, Africa has had plus or minus 220 heads of state but one would be hard-pressed to name 15 good leaders.
The AU has become a silent observer to conflicts on the continent thereby promoting a culture of indifference and impunity. The AU has adopted the ineptitude of its predecessor the OAU which failed to address bring peace, prosperity, security, and stability to Africa. The AU’s pursuit of “peace over justice” has not worked in Africa and is not working in Zimbabwe because while it is evident that there is no justice, peace has become an enigma.
The situation in Zimbabwe is a breach of peace and a threat to peace because the Zimbabwe Republic Police are using disproportionate force against citizens who are taking part in peaceful expressions of opinion- citizens are being arrested for gathering and journalists are imprisoned for exposing corruption.
The current acts of the Zimbabwe government is a clear indication that the constitution is literally suspended and the people’s rights have been wantonly suppressed. This is clearly seen in the government’s actions of brutality and interference with the judicial processes. If no humanitarian intervention is done in Zimbabwe, Zanu pf will wipe out everyone who disagrees with them and the willingness to do this is clear.
The Zanu pf government has replaced democratically elected members of parliament from the MDC Alliance and replaced them with unelected people who were rejected by the electorate dismally in the 2018 election. For the Zanu pf government this is a flagrant show of disregard for equitable politics.
What is going on in Zimbabwe is absurd and has never seen before in the history of politics- that the members of parliament from another part are recalled by a rival party-that the speaker of parliament directs the replacement of the members of parliament while the court challenge to that action is ongoing.-that the loser of a general election is the one in power and also that the majority winner is victimised and out of power.
To have law and order, Zimbabwe should recognise the rule of law, adhere to the principles of supremacy of law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, give its citizens the rights to participation in decision-making, legal certainty of its laws, avoidance of arbitrariness and procedural and legal transparency.
Zimbabwe is a country that has created problems for its citizens and for the international society. For 40 years under zanu pf Zimbabwe has failed to maintain law and order in a positive sense. Zanu pf leaders use power to enrich themselves, they monopolise power and exclude others in a system worse than apartheid.
There is no equality before the law in Zimbabwe as the opposition is treated with disdain and are not accorded any rights as citizens. There is no legal certainty because the law is applied selectively-the presumption of innocence until proven guilty is ignored as opposition members are incarcerated without due process- trials are not conducted fairly, justly, and with procedural regularity by an impartial judge as the defendants are not afforded their rights under the constitution. Right to a fair trial is not guaranteed also because legal representatives are threatened with disbarment, arrest and physical violence if they offer legal representation to “marked” political prisoners. Examples of these “marked” political prisoners are Journalist Hopewell Chin’ono who is incarcerated for exposing corruption, Jacob Ngarivhume and Job Sikhala both in prison for organising a demonstration against corruption and Godfrey Kurauone who was arrested for singing -which was later interpreted as undermining President Emmerson Mnangagwa’s authority.
Zanu pf has captured all the state institutions-there is no distinction between government and Zanu pf party as all judicial decisions are directed from their party headquarters and the citizens have nowhere to turn to because the only institutions with the power and recourse to protect them have violently turned against them.
The people of Zimbabwe are only asking for institutions and entities, public and private, including the State itself, to be accountable to laws that are publicly promulgated-they are only asking for the national laws to be equally enforced and independently adjudicated, consistent with the provisions of their constitution.
The situation in Zimbabwe is pitiful -no protection of citizens, the police, the soldiers and the intelligence services have declared war on the citizens. Institutions of government are no longer serving the interests of citizens but those of the Zanu pf ruling elite. The rights of innocent citizens are being trampled upon in advancement of Zanu pf party policy of subjugation and one party state.
Zimbabwe is now literally a fascist state because of its ultranationalist policies which are characterized by dictatorial consolidation of power, forcible suppression of opposing views, as well as strong regimentation of citizens and economy.
One of the recommendations to Zimbabwe by Netherlands and Australia in the last Universal Periodic Review was that Zimbabwe should “review and align its laws to the 2013 Constitution, including in relation to section 61 on freedom of expression and freedom of the media, and ensure their implementation”. To date, the government of Zimbabwe is in the process of unilaterally amending that same constitution instead of aligning the domestic laws to it.
The political outfit called Zanu pf government is purely an apartheid government hence no empathy nor moral compass -the security services and the elite politicians from Zanu pf are killing, arresting torturing, raping and abducting citizens-the situation is desperate, deplorable and in dire need of humanitarian intervention to end the current human rights violations-that is , if International law really worked.
Concerned citizen- Mandoza WaMazivisa