The Late General Lookout Masuku's Last Meal What it Meant? - TWENTYSIXTHISSUE 17-24NOVEMBER2020
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TWENTY SIXTH ISSUE “ The 17 – 24 NOVEMBER 2020 The Late General Lookout Masuku’s Last Meal … What it Meant?
2 Inside This week Message to Stakeholders, Page 4 Know Your Rights: UN Basic Principles and Guidelines on Reparations 6 International Consensus on Psychosocial Support During Exhumations, page 12 Opinion Articles Excerpts from the Book “Robert Mugabe KCB: The Black Supremacist” General Lookout Masuku: Part II By Esau Ncube, page 15 Meaning of the Watermelon, page 29 History of Zambezi Water Project Biased Judges Destroy the Credibility of the By Mthembe Hillary Hadebe, page 17 Judiciary By Tamsanqa Mlilo, page 32 Realities of Life in Zimbabwe Alois S. Baleni, page 22 Justice Delayed is Justice Denied Letter from the UK Change Must Come Now By Vee Ndlovu, page 33 By Rabhelani Mguni, page 23 A View From Matebeleland: Prevention is Better than Cure A Political Dilemma II By Elizabeth George, page 24 By Mthulisi Hanana, page 35 Intlungu Yomama baseMatebeleland (Xhosa) Columnist By Soviet Ncube (Rhoyikazi), page 26 360° Fireside Truth Page 36 Thusang Bana Basa Qeting Sekolo (Sotho) By Ozin Nyathi, page 27 The Role of Government in Business By Colls Ndlovu, page 39 Ndiswiliila Mujwaangu (Tonga) By Aleck Munkuli, page 27 Integrity as an Investment Strictly Business with Brighton Ithuteng Injobo Enhle Series 8 Maladzhi Sibanda, page 41 Covid Alert, page 46 Weekly Word of God: Spiritual Realities with Apostle Ntando Joseph (Advocate), page 47
3 From the Editor’s Desk BY DR SAMUKELE HADEBE In our previous issue we expressed our anxiety over re-opening of schools without due regard of the twin challenges of the absence of teachers and the surges in COVID-19 rate of infections. Undoubtedly, the conditions of service in the education sector remain appalling and a cause for concern. Notwithstanding, our primary focus was on the learners, who as minors, have no power to decide against the cruelty of risking their lives now while also destroying their future altogether. We are sending wrong lessons to our children; that we neither care about their welfare nor their safety nor their future. We express our solidarity and message of care and sympathy to the schools, learners and their families who have to undergo the difficult processes of quarantine, suspension of classes and related processes following the discovery of Covid-19 positive learners. These are undeniably challenging experiences for the school authorities, learners and their parents or guardians. More-so, to the examination classes. We place utmost faith in the professionalism and commitment of the health personnel who are managing the situation. With a positive spirit the affected will overcome this challenge, which is not insurmountable. May we all maintain our vigilance in the face of the increasing rates of infections and always adhere to the health safety regulations. Practice social distancing in public and always wear your masks. Contact us on: Phutheho.Editor@gmail.com FOR MORE INFORMATION: Website: www.phutheho.org.zw Email: email@example.com WhatsApp/SMS/Call us at: +263771733670, +263777918456, +27734061737, +263782318744 Or visit us at: @ThePhutheho thephutheho Phutheho – Matebeleland All-Stakeholders People‟s Convention PHUTHEHO CONVENTION NEWS
4 PHUTHEHO UPDATE MESSAGE TO STAKEHOLDERS PHUTHEHO ON GUKURAHUNDI ATROCITIES The memory of the (b) that the Government of Gukurahundi genocide and the Zimbabwe appears not possible healing and resolution interested in finding a of the matter remains painful, lasting solution to these sensitive and controversial. At atrocities; Phutheho we acknowledge all (c) the National Peace and heroic efforts to publicise, Reconciliation document, memorialise and all Commission (NPRC) forms of advocacy around the and other programmes genocide and ethnic cleansing. are merely buying time We need not repeat the risk and out and so are political parties and not addressing the audacity by those few brave men and progressive people nationally real issue; and women in particular and internationally too. Of (d) that alleged perpetrators members of the church and media course, such a deeply painful and of the genocide have not who documented the atrocities enduring experience have not been tried in courts and while they were being only threatened to widen ethnic may eventually die perpetrated under a heavy and regional fault lines in without giving evidence military blackout on information Zimbabwe but has also sown of their alleged acts; on the affected districts and division within the victimised (e) that we owe it to the population. They dared to communities themselves to the victims of Gukurahundi document and speak out at the chagrin of the perpetrator and genocide, both dead and risk of arrest, disappearance, beneficiary from the alive, to hold perpetrators deportation and even death. Gukurahundi genocide. While we accountable and deliver are not taking a particular justice. Notwithstanding distortions, position before the Convention, wilful amnesia and attempts at nonetheless, we note the Therefore, resolve to reject any sanitizing the genocide through proposals as contained in form of perpetrator-led process in the so-called Unity Accord and proposed Resolution 37 as the resolution of the Gukurahundi its supposedly peace dividends, follows: atrocities, to that effect the villagers, township people, Gukurahundi atrocities must be musicians, writers, painters, Noting resolved on the basis of truth poets, journalists and academics telling, acknowledgement, have continued to keep the matter (a) that Gukurahundi apology, full and comprehensive alive against severe censorship atrocities were acts of reparations, and punishment of and risks to personal safety and genocide and crimes perpetrators. security. Churches have spoken against humanity; Registration and Accreditation Registration and accreditation for the Matebeleland All-Stakeholders People‟s Convention (Phutheho) is on- going. Individuals and organisations are welcome to register. Please contact numbers below and any other
5 numbers that have been availed to you at you area to do your registration: WhatsApp/SMS/Call +263771733670/ +263777918456/ +263771733670/ +27734061737/ +27843544879. You can also register at: www.phutheho.org.zw or contact us at: firstname.lastname@example.org Phutheho Funding As has been our practice and resolve that we shall support this initiative from our small contributions, we send this reminder of the usual request for donations in cash and kind. Please donate via the accounts listed below to send via Western Union, Money Gram, World Remit and other international money transfer agencies. For those wishing to donate via Western Union, Money Gram, World Remit, etc., please contact us through contacts above. Main donations: in Zimbabwe Dollars Ecocash Donations Number: 0772369262 Registered Name: Esau Ncube Number: 0772747529 Registered Name: Soviet Ncube We encourage our people throughout the world to open accounts that will request for and receive funding for the Phutheho. But before anybody can open an account for the Phutheho they must first receive clearance from the Convention Secretariat that can only be granted upon meeting stringent conditions of transparency, accountability, and integrity. We urge any person wishing to donate for the Phutheho through any account not listed here to first check with us whether the account is recognised for the purpose it claims. DISCLAIMER We shall not be responsible for any loss suffered by any individual or organisation for any donations whatsoever made to any account without us having given the green light. Please check with us through the contacts provided above. KNOW YOUR RIGHTS Brought to you by the Phutheho Working Group on Justice and Human Rights Over the coming weeks the Phutheho Working Group on Justice and Human Rights shall be publishing international human rights instruments to help readers appreciate international human rights standards and norms to which they are entitled. This will include instruments developed and adopted under the United Nations, OAU/AU, and SADC, among others, and any other human rights documents from any continent which may assist in expanding understanding of human rights and freedoms and the principles of democracy, rule of law and free and fair elections. This week we are bringing you two very important international agreements, namely the Basic Principles and Guidelines on the Right to a Remedy and Reparation and the International Consensus on Psychosocial Support during Exhumations.
6 Both these documents are applicable to the fight for justice on the Gukurahundi Genocide. The Basic Principles offer guidance on the obligations of the States following human rights violations. The International Consensus seeks to protect survivors and society in general during exhumations. BASIC PRINCIPLES AND GUIDELINES ON THE RIGHT TO A REMEDY AND REPARATION FOR VICTIMS OF GROSS VIOLATIONS OF INTERNATIONAL HUMAN RIGHTS LAW AND SERIOUS VIOLATIONS OF INTERNATIONAL HUMANITARIAN LAW Adopted and proclaimed by General Assembly resolution 60/147 of 16 December 2005 the attention of members of the The General Assembly, executive bodies of government, in particular law enforcement Guided by the Charter of the officials and military and United Nations, the Universal security forces, legislative Declaration of Human Rights, the International Covenants on bodies, the judiciary, victims and Human Rights, other relevant their representatives, human human rights instruments and the rights defenders and lawyers, the Vienna Declaration and Violations of International media and the public in general; Programme of Action, Humanitarian Law by the 3. Requests the Secretary- Affirming the importance of Commission on Human Rights in General to take steps to ensure addressing the question of its resolution 2005/35 of 19 April remedies and reparation for the widest possible dissemination 2005 and by the Economic and victims of gross violations of of the Basic Principles and Social Council in its resolution international human rights law Guidelines in all the official 2005/30 of 25 July 2005, in and serious violations of languages of the United Nations, international humanitarian law in which the Council recommended including by transmitting them to a systematic and thorough way at to the General Assembly that it Governments and the national and international adopt the Basic Principles and intergovernmental and non- levels, Guidelines, governmental organizations and Recognizing that, in honouring 1. Adopts the Basic Principles by including the Basic Principles the victims‟ right to benefit from and Guidelines on the Right to a and Guidelines in the United remedies and reparation, the Remedy and Reparation for Nations publication international community keeps faith with the plight of victims, Victims of Gross Violations of entitled Human Rights: A survivors and future human International Human Rights Law Compilation of International generations and reaffirms and Serious Violations of Instruments. 64th plenary international law in the field, International Humanitarian Law meeting, 16 December 2005 Recalling the adoption of the annexed to the present resolution; ANNEX Basic Principles and Guidelines on the Right to a Remedy and 2. Recommends that States take UN Basic Principles and Reparation for Victims of Gross Guidelines on the Right to a the Basic Principles and Remedy and Reparation for Violations of International Guidelines into account, promote Victims of Gross Violations of Human Rights Law and Serious respect thereof and bring them to International Human Rights
7 Law and Serious Violations of Recalling the Declaration of Affirming that the Basic International Humanitarian Basic Principles of Justice for Principles and Guidelines Law Victims of Crime and Abuse of contained herein are directed at Power emanating from the gross violations of international Preamble deliberations of the Seventh human rights law and serious The General Assembly, United Nations Congress on the violations of international Prevention of Crime and the humanitarian law which, by their Recalling the provisions Treatment of Offenders and very grave nature, constitute an providing a right to a remedy for General Assembly resolution affront to human dignity, victims of violations of 40/34 of 29 November 1985 by international human rights law Emphasizing that the Basic which the Assembly adopted the found in numerous international Principles and Guidelines text recommended by the instruments, in particular article contained herein do not entail Congress, 8 of the Universal Declaration of new international or domestic Human Rights, article 2 of the Reaffirming the principles legal obligations but identify International Covenant on Civil enunciated in the Declaration of mechanisms, modalities, and Political Rights, article 6 of Basic Principles of Justice for procedures and methods for the the International Convention on Victims of Crime and Abuse of implementation of existing legal the Elimination of All Forms of Power, including that victims obligations under international Racial Discrimination, article 14 should be treated with human rights law and of the Convention against compassion and respect for their international humanitarian law Torture and Other Cruel, dignity, have their right to access which are complementary though Inhuman or Degrading to justice and redress different as to their norms, Treatment or Punishment, and mechanisms fully respected, and Recalling that international law article 39 of the Convention on that the establishment, contains the obligation to the Rights of the Child, and of strengthening and expansion of prosecute perpetrators of certain international humanitarian law as national funds for compensation international crimes in found in article 3 of the Hague to victims should be encouraged, accordance with international Convention respecting the Laws together with the expeditious obligations of States and the and Customs of War on Land of development of appropriate requirements of national law or 18 October 1907 (Convention rights and remedies for victims, as provided for in the applicable IV), article 91 of the Protocol Noting that the Rome Statute of statutes of international judicial Additional to the Geneva the International Criminal Court organs, and that the duty to Conventions of 12 August 1949, requires the establishment of prosecute reinforces the and relating to the Protection of “principles relating to reparations international legal obligations to Victims of International Armed to, or in respect of, victims, be carried out in accordance with Conflicts (Protocol I) of 8 June including restitution, national legal requirements and 1977, and articles 68 and 75 of compensation and procedures and supports the the Rome Statute of the rehabilitation”, requires the concept of complementarity, International Criminal Court, Assembly of States Parties to Noting that contemporary forms Recalling the provisions establish a trust fund for the of victimization, while providing a right to a remedy for benefit of victims of crimes essentially directed against victims of violations of within the jurisdiction of the persons, may nevertheless also international human rights found Court, and of the families of such be directed against groups of in regional conventions, in victims, and mandates the Court persons who are targeted particular article 7 of the African “to protect the safety, physical collectively, Charter on Human and Peoples‟ and psychological well-being, Rights, article 25 of the dignity and privacy of victims” Recognizing that, in honouring American Convention on Human and to permit the participation of the victims‟ right to benefit from Rights, and article 13 of the victims at all “stages of the remedies and reparation, the Convention for the Protection of proceedings determined to be international community keeps Human Rights and Fundamental appropriate by the Court”, faith with the plight of victims, Freedoms, survivors and future human
8 generations and reaffirms the (b) Adopting appropriate and and serious violations of international legal principles of effective legislative and international humanitarian accountability, justice and the administrative procedures and law that constitute crimes rule of law, other appropriate measures that under international law provide fair, effective and Convinced that, in adopting a 4. In cases of gross violations of prompt access to justice; victim-oriented perspective, the international human rights law international community affirms (c) Making available adequate, and serious violations of its human solidarity with victims effective, prompt and appropriate international humanitarian law of violations of international law, remedies, including reparation, constituting crimes under including violations of as defined below; international law, States have the international human rights law duty to investigate and, if there is (d) Ensuring that their domestic and international humanitarian sufficient evidence, the duty to law provides at least the same law, as well as with humanity at submit to prosecution the person level of protection for victims as large, in accordance with the allegedly responsible for the that required by their following Basic Principles and violations and, if found guilty, international obligations. Guidelines, the duty to punish her or him. II. Scope of the obligation Moreover, in these cases, States Adopts the following Basic should, in accordance with Principles and Guidelines: 3. The obligation to respect, international law, cooperate with ensure respect for and implement one another and assist I. Obligation to respect, ensure international human rights law international judicial organs respect for and implement and international humanitarian competent in the investigation international human rights law law as provided for under the and prosecution of these and international respective bodies of law, violations. humanitarian law includes, inter alia, the duty to: 1. The obligation to respect, 5. To that end, where so (a) Take appropriate legislative provided in an applicable treaty ensure respect for and implement and administrative and other or under other international law international human rights law appropriate measures to prevent obligations, States shall and international humanitarian violations; incorporate or otherwise law as provided for under the respective bodies of law (b) Investigate violations implement within their domestic emanates from: effectively, promptly, thoroughly law appropriate provisions for and impartially and, where universal jurisdiction. Moreover, (a) Treaties to which a State is a where it is so provided for in an appropriate, take action against party; applicable treaty or other those allegedly responsible in (b) Customary international law; accordance with domestic and international legal obligations, international law; States should facilitate (c) The domestic law of each extradition or surrender State. (c) Provide those who claim to offenders to other States and to be victims of a human rights or appropriate international judicial 2. If they have not already done humanitarian law violation with bodies and provide judicial so, States shall, as required under equal and effective access to assistance and other forms of international law, ensure that justice, as described below, cooperation in the pursuit of their domestic law is consistent irrespective of who may international justice, including with their international legal ultimately be the bearer of assistance to, and protection of, obligations by: responsibility for the violation; victims and witnesses, consistent (a) Incorporating norms of and with international human rights international human rights law legal standards and subject to (d) Provide effective remedies to and international humanitarian international legal requirements victims, including reparation, as law into their domestic law, or such as those relating to the described below. otherwise implementing them in prohibition of torture and other their domestic legal system; III. Gross violations of forms of cruel, inhuman or international human rights law
9 degrading treatment or 9. A person shall be considered a or of a serious violation of punishment. victim regardless of whether the international humanitarian law perpetrator of the violation is shall have equal access to an IV. Statutes of limitations identified, apprehended, effective judicial remedy as 6. Where so provided for in an prosecuted, or convicted and provided for under international applicable treaty or contained in regardless of the familial law. Other remedies available to other international legal relationship between the the victim include access to obligations, statutes of perpetrator and the victim. administrative and other bodies, limitations shall not apply to as well as mechanisms, VI. Treatment of victims gross violations of international modalities and proceedings human rights law and serious 10. Victims should be treated conducted in accordance with violations of international with humanity and respect for domestic law. Obligations humanitarian law which their dignity and human rights, arising under international law to constitute crimes under and appropriate measures should secure the right to access justice international law. be taken to ensure their safety, and fair and impartial physical and psychological well- proceedings shall be reflected in 7. Domestic statutes of domestic laws. To that end, being and privacy, as well as limitations for other types of States should: those of their families. The State violations that do not constitute should ensure that its domestic crimes under international law, (a) Disseminate, through public laws, to the extent possible, including those time limitations and private mechanisms, provide that a victim who has applicable to civil claims and information about all available suffered violence or trauma other procedures, should not be remedies for gross violations of should benefit from special unduly restrictive. international human rights law consideration and care to avoid and serious violations of V. Victims of gross violations his or her re-traumatization in the international humanitarian law; of international human rights course of legal and law and serious violations of administrative procedures (b) Take measures to minimize international humanitarian designed to provide justice and the inconvenience to victims and law reparation. their representatives, protect against unlawful interference 8. For purposes of the present VII. Victims’ right to remedies with their privacy as appropriate document, victims are persons and ensure their safety from 11. Remedies for gross violations who individually or collectively intimidation and retaliation, as of international human rights law suffered harm, including well as that of their families and and serious violations of physical or mental injury, witnesses, before, during and international humanitarian law emotional suffering, economic include the victim‟s right to the after judicial, administrative, or loss or substantial impairment of other proceedings that affect the following as provided for under their fundamental rights, through interests of victims; international law: acts or omissions that constitute gross violations of international (a) Equal and effective access to (c) Provide proper assistance to human rights law, or serious justice; victims seeking access to justice; violations of international (b) Adequate, effective and (d) Make available all humanitarian law. Where prompt reparation for harm appropriate legal, diplomatic and appropriate, and in accordance suffered; consular means to ensure that with domestic law, the term victims can exercise their rights “victim” also includes the (c) Access to relevant to remedy for gross violations of immediate family or dependants information concerning international human rights law or of the direct victim and persons violations and reparation serious violations of international who have suffered harm in mechanisms. humanitarian law. intervening to assist victims in distress or to prevent VIII. Access to justice 13. In addition to individual victimization. 12. A victim of a gross violation access to justice, States should of international human rights law endeavour to develop procedures
10 to allow groups of victims to unwilling to meet their assessable damage, as present claims for reparation and obligations. appropriate and proportional to to receive reparation, as the gravity of the violation and 17. States shall, with respect to appropriate. the circumstances of each case, claims by victims, enforce resulting from gross violations of 14. An adequate, effective and domestic judgements for international human rights law prompt remedy for gross reparation against individuals or and serious violations of violations of international human entities liable for the harm international humanitarian law, rights law or serious violations of suffered and endeavour to such as: international humanitarian law enforce valid foreign legal should include all available and judgements for reparation in (a) Physical or mental harm; appropriate international accordance with domestic law (b) Lost opportunities, including processes in which a person may and international legal employment, education and have legal standing and should obligations. To that end, States social benefits; be without prejudice to any other should provide under their domestic remedies. domestic laws effective (c) Material damages and loss of mechanisms for the enforcement earnings, including loss of IX. Reparation for harm of reparation judgements. earning potential; suffered 18. In accordance with domestic (d) Moral damage; 15. Adequate, effective and law and international law, and prompt reparation is intended to (e) Costs required for legal or taking account of individual promote justice by redressing expert assistance, medicine and circumstances, victims of gross gross violations of international medical services, and violations of international human human rights law or serious psychological and social rights law and serious violations violations of international services. of international humanitarian law humanitarian law. Reparation should, as appropriate and 21. Rehabilitation should include should be proportional to the proportional to the gravity of the medical and psychological care gravity of the violations and the violation and the circumstances as well as legal and social harm suffered. In accordance of each case, be provided with services. with its domestic laws and full and effective reparation, as international legal obligations, a 22. Satisfaction should include, laid out in principles 19 to 23, State shall provide reparation to where applicable, any or all of which include the following victims for acts or omissions the following: forms: restitution, compensation, which can be attributed to the rehabilitation, satisfaction and (a) Effective measures aimed at State and constitute gross guarantees of non-repetition. the cessation of continuing violations of international human rights law or serious violations of 19. Restitution should, whenever violations; international humanitarian law. possible, restore the victim to the (b) Verification of the facts and In cases where a person, a legal original situation before the full and public disclosure of the person, or other entity is found gross violations of international truth to the extent that such liable for reparation to a victim, human rights law or serious disclosure does not cause further such party should provide violations of international harm or threaten the safety and reparation to the victim or humanitarian law occurred. interests of the victim, the compensate the State if the State Restitution includes, as victim‟s relatives, witnesses, or has already provided reparation appropriate: restoration of persons who have intervened to to the victim. liberty, enjoyment of human assist the victim or prevent the rights, identity, family life and occurrence of further violations; 16. States should endeavour to citizenship, return to one‟s place establish national programmes (c) The search for the of residence, restoration of for reparation and other whereabouts of the disappeared, employment and return of assistance to victims in the event for the identities of the children property. that the parties liable for the abducted, and for the bodies of harm suffered are unable or 20. Compensation should be those killed, and assistance in the provided for any economically recovery, identification and
11 reburial of the bodies in (e) Providing, on a priority and pertaining to the gross violations accordance with the expressed or continued basis, human rights of international human rights law presumed wish of the victims, or and international humanitarian and serious violations of the cultural practices of the law education to all sectors of international humanitarian law families and communities; society and training for law and to learn the truth in regard to enforcement officials as well as these violations. (d) An official declaration or a military and security forces; judicial decision restoring the XI. Non-discrimination dignity, the reputation and the (f) Promoting the observance of 25. The application and rights of the victim and of codes of conduct and ethical interpretation of these Basic persons closely connected with norms, in particular international Principles and Guidelines must the victim; standards, by public servants, be consistent with international including law enforcement, (e) Public apology, including human rights law and correctional, media, medical, acknowledgement of the facts international humanitarian law psychological, social service and and acceptance of responsibility; and be without any military personnel, as well as by discrimination of any kind or on (f) Judicial and administrative economic enterprises; any ground, without exception. sanctions against persons liable (g) Promoting mechanisms for for the violations; XII. Non-derogation preventing and monitoring social (g) Commemorations and conflicts and their resolution; 26. Nothing in these Basic tributes to the victims; Principles and Guidelines shall (h) Reviewing and reforming be construed as restricting or (h) Inclusion of an accurate laws contributing to or allowing derogating from any rights or account of the violations that gross violations of international obligations arising under occurred in international human human rights law and serious domestic and international law. rights law and international violations of international In particular, it is understood that humanitarian law training and in humanitarian law. the present Basic Principles and educational material at all levels. X. Access to relevant Guidelines are without prejudice 23. Guarantees of non- information concerning to the right to a remedy and repetition should include, where violations and reparation reparation for victims of all applicable, any or all of the mechanisms violations of international human following measures, which will rights law and international 24. States should develop means also contribute to prevention: humanitarian law. It is further of informing the general public understood that these Basic (a) Ensuring effective civilian and, in particular, victims of Principles and Guidelines are control of military and security gross violations of international without prejudice to special rules forces; human rights law and serious of international law. violations of international (b) Ensuring that all civilian and humanitarian law of the rights XIII. Rights of others military proceedings abide by and remedies addressed by these international standards of due 27. Nothing in this document is Basic Principles and Guidelines process, fairness and to be construed as derogating and of all available legal, impartiality; from internationally or nationally medical, psychological, social, protected rights of others, in (c) Strengthening the administrative and all other particular the right of an accused independence of the judiciary; services to which victims may person to benefit from applicable have a right of access. Moreover, (d) Protecting persons in the standards of due process. victims and their representatives legal, medical and health-care should be entitled to seek and professions, the media and other obtain information on the causes related professions, and human leading to their victimization and rights defenders; on the causes and conditions
12 INTERNATIONAL CONSENSUS ON MINIMUM STANDARDS FOR PSYCHOSOCIAL WORK IN EXHUMATION As the debate around how to conduct exhumations of Gukurahundi genocide victims rages on, there has hardly been any reference to the role played by psychological work during exhumations and reburials. Yet this is one of the most important components of exhumations and reburials. Needless to say, exhumations and reburials are extremely traumatising to family, relatives, community and society in general and therefore there is always a need for psychological accompaniment. The psychosocial support during exhumations is a the “whole range of actions and processes which should be taken into consideration and/or developed in relation to an exhumation at the level of the individual, the family, the community and the society by all the institutions, teams and professionals who intervene in order to guarantee its reparative nature both for direct and indirect victims as well as for the society as a whole.” (Garcia, et al, 2010 citing Ecap, et al., 2009). Exhumations and reburials in Argentine, Honduras, Guatemala, El Salvador, Colombia, Peru, Chile, Uruguay, Brazil, Paraguay, Venezuela, Mexico and Panama, Kosovo, former Yugoslavia, Rwanda, and other places where mass atrocities and enforced disappearances took place have demonstrated the utmost need to incorporate psychosocial support at all times throughout the exhumation processes. Following decades of work and research, and global meetings, experienced international organisations and specialists in exhumations and reburials, mainly nongovernmental organisations, developed very important standards known as the International Consensus on Minimum Standards for Psychosocial Work in search Processes and Forensic investigations of cases of Enforced Disappearance, Arbitrary or Extrajudicial Executions. These standards reflect the debates, conclusions and recommendations of various forums including the 1st and 2nd World Congress on Psychosocial Work in Exhumation Processes, Enforced Disappearance, Justice and Truth. The resulting consensus composed of 16 standards has been embraced by psychosocial support practitioners across all continents. Without these standards, any exhumations and reburials of victims of Gukurahundi genocide can only turn out to be a devastating experience for victims, something that may have long term physical and mental effect on the wellbeing of those involved. have disappeared as a STANDARD 1: Search for consequence of hostilities, STANDARD 3: Active persons who have been the combat, armed actions or other participation of relatives victims of enforced acts related to armed conflicts disappearance, extrajudicial and other situations of violence, Efforts must be made to promote and arbitrary executions on the basis of the relevant and facilitate the active International Humanitarian Law participation of relatives in the All efforts must be carried out in and IHRL standards. processes of search for the order to look for victims of victims of enforced enforced disappearance and STANDARD 2: Finding the disappearance, extrajudicial and extrajudicial and arbitrary relatives arbitrary executions and in the executions until they are found, forensic investigations, favouring to clarify the events regardless of All necessary efforts must be the existence of spaces where when they occurred or whether made to identify, find and individuals can organize and prior formal denunciation on the facilitate the participation of the reaffirm themselves, as well as to part of the relatives has taken possible relatives of victims of take well- informed decisions in place, avoiding by all possible enforced disappearance and view of the technical and legal means any obstacles for the arbitrary and extrajudicial processes that affect their rights search processes. Moreover, all executions, before starting to justice, memory and efforts must be carried out to forensic investigations and legal comprehensive reparation. look for and find persons who proceedings.
13 STANDARD 4: Clarifying needs for reparation of towards the victims, and the the event, right to truth and individuals, families and causes to commit the crimes, as memory communities should be actively well as the circumstances of the integrated. disappearance or arbitrary or The investigation of cases of extrajudicial execution. enforced disappearance, STANDARD 7: Protection extrajudicial and arbitrary and security STANDARD 9: Right to executions and other human psychosocial care rights violations should be To make available all necessary promoted until the events are means for guaranteeing the Psychosocial care should be a fully clarified. Likewise, the security of the families of fundamental pillar of conditions for the victims to victims of enforced comprehensive reparations and reconstruct their historical disappearance and to clarify the the duty to provide humanitarian memory should be facilitated as events of the disappearance in assistance to communities and part of the process to ensure conditions of dignity and relatives of victims of enforced dignity and non-repetition. security, especially in context of disappearances, arbitrary or armed conflict or of on-going extrajudicial executions. All the STANDARD 5: Right to human rights violations. All necessary steps should be justice information obtained throughout undertaken in search processes the process, from evidence and and forensic investigations to The State must adopt either proof to testimonies and prevent new forms of national and international confidential, personal victimization of relatives, measures of legislative, information, should be protected communities and their administrative, judicial or any in a similar manner. companions. other nature to ensure the full observance of the individual and STANDARD 8: Constant STANDARD 10: Self-care of collective rights to justice for information and transparency people and intervening teams victims of enforced of the processes disappearance, arbitrary or extra- Provisions should be made for judicial executions, at the During the process of searching the comprehensive physical and individual, family, community for disappeared persons or psychological care of the people and social level. victims of arbitrary or who carry out the technical, legal extrajudicial executions, and and psychosocial processes STANDARD 6: forensic investigations the related to the search for victims Comprehensive reparations relatives should be constantly of enforced disappearance, and informed, in a clear and precise arbitrary or extrajudicial The rights of victims of enforced manner, favouring decision- executions. disappearance and other human making about future actions. The rights violations to right to information includes: (a) STANDARD 11: Cultural comprehensive reparation, access to know about the process context contemplated in national and of searching for disappeared or international regulations, must be executed persons, the forensic The procedures or protocols of acknowledged and put into investigation, its actions, search processes for victims of practice and the necessary implications, consequences and enforced disappearance, arbitrary actions must be implemented in rights; this is particularly or extrajudicial executions, and order to fulfil the rights and relevant in terms of demands of victims, relatives and comprehensive reparation and forensic investigations should communities. The psychosocial the right to justice; (b) progress take into account and respect the perspective must be considered made, limitations and relevant culture and meanings of the within the individual and technical and legal elements; (c) affected population. collective processes, and the access to the findings to historical experiences, elucidate responsibilities, the expectations and differential conduct of the perpetrators
14 STANDARD 12: Gender themselves involved in cases of into the search pro-cesses for approach enforced disappearance, arbitrary victims of enforced or extrajudicial executions or disappearances, arbitrary or The design and implementation forensic investigations should be extrajudicial executions, and of psychosocial work should provided with special treatment forensic investigations, whenever incorporate a gender focus, that takes into consideration the the situation requires it, in order which implies raising awareness best interest of children. to contribute to the effectiveness on the differential impact that the of the technical, legal and events related to enforced STANDARD 14: psychosocial processes and disappearances, arbitrary or Coordination guarantee compliance with the extrajudicial executions have on legal and scientific national and women and men, as well as the Mechanisms to coordinate the international standards, with the differential impact as a actions of all actors involved in requirement of acting with consequence of the search the processes of searching for transparency, independence and processes and forensic victims of enforced objectivity. investigations, and processes of disappearances, arbitrary or truth, justice and reparations. It extrajudicial executions should STANDARD 16: Scientific should also seek to raise be guaranteed. This includes the standards in forensic work awareness on the additional and processes of gathering and different obstacles faced by analysing the information To guarantee that forensic work women and men participating in available, legal, technical and complies with national and these processes and propose psychosocial actions, as well as differentiated measures to ensure international scientific, legal and mechanisms for follow-up and their participation. assessment of all actions to be technical standards, ensuring that undertaken. steps are taken to individualize, STANDARD 13: Work identify and preserve bodily with children and STANDARD 15: remains, regardless of whether or adolescents Independent teams not they have been identified. Children and adolescents who To incorporate local, national are victims, or somehow find and international organizations Mass graves are dotted all over Matebeleland and Midlands
15 OPINION ARTICLES Disclaimer: The Phutheho News encourages freedom of speech and expression of diverse views held in our society. The views expressed in opinion columns and articles are those of the authors and are therefore not representative of the views or position of the Phutheho News or the organisers of the Phutheho. To the extent that the article is not malicious, a personal attack, or calculated to injure the character or reputation of any individual, we publish articles as they come. Excerpt from “Robert Mugabe KCB: The Black Supremacist” by Esau Ncube, published February 2020. Available from Amazon and from www.xlibris.com A fiendish sequel to the between the objectives and plans manuscript, titled Review of the set out in the so-called Grand 1979 Grand Plan was published Plan of 1979 and what is and was discovered after the happening. What has been dawn of the 21st Century.... playing out particularly in When individuals from Matabeleland since 1980 to the Matabeleland mentioned and present, bears a frighteningly condemned it, they were arrested similar pattern, right down to the for inciting violence. Mr. George t, to this document..." The two Mkhwanazi and Mr. Jethro manuscripts were authentic. They Mpofu of Imbovane were meant for restricted English. The children's education Yamahlabezulu (a Ndebele rights circulation among the elite of the was deliberately designed to organization) were arrested and Shona but they were inevitably crumble at the foundation stage charged with treason after leaked out by honest and God by that deployment. Registry addressing a public meeting fearing Shona persons... officers that issued birth and where they told delegates not to death certificates were Shona.... take their marginalization and the The Grand Plan and its Review Shona civil servants were found 1979 Shona Grand Plan lying became the epicentre, fomenting manning government offices down.... impregnable hatred, contempt, throughout both rural and urban marginalization, discrimination, Matabeleland as per the dictates There was very little rationale in domination and abhorrence of the Grand Plan and its Review dismissing the 1979 Shona Grand towards not only the Ndebele but document. Plan and its sequel, a fourteen all the non - Shona tribes of page manuscript released in 2005 Matabeleland. The plan explained All infrastructural development as either a work of fiction or a the praxis that had seen projects that were brought by the sour joke. The temerity with permeation of every aspect of life Harare administration to which the plans were crafted and in Matabeleland by Shona Matabeleland came with a full the tenacity with which they were influence and culture of doing complement of Shona workers. implemented disqualified them things. By the 2000s Shona After completion of construction from the epistles of a lunatic or primary school teachers who projects most of which took too the effort of a sheer accidental could not communicate in any many years, e.g. the National scribe. According to Dr. Matabeleland languages were University of Science and Dumisani Maqeda Ngwenya deployed in the region where Technology, the Lupane State (2018:11), "...there is no denying elementary instruction was better University, the Joshua Mqabuko the correlation (by design or aided by the combination of the Nkomo airport, the Victoria Falls coincidentally) that exists child's mother language and airport, the Shona labourers did
16 not go back to their homes in existence of an uncompromising Hang he did indeed, but not for Mashonaland. The projects were and unrepentant Shona society in adultery. For daring Mugabe and such that ultimately they would the Matabeleland church. If not his murderous cretins, the benefit people from Mashonaland so, why was the interpreting not archbishop was damned. more than those from done in the Matabeleland According to Bridgland (2008) Matabeleland. The above four languages like Venda, Tonga, and archbishop Ncube was felled also examples were a case in point. Kalanga etc.? because he was a Ndebele that The Universities enrolled more was widely tipped to win the than 80% students from The Shona Grand Plans instructed Nobel Peace Prize, a feat which Mashonaland and the lecturers churches to conduct services in ZANU PF's Gukurahundism were almost entirely Shona. The Shona... Not surprisingly after the could not allow a Ndebele to two airports' employees during document (Review) had said that achieve. and after construction were the days were numbered for those almost all Shona. priests that were resisting the The archbishop was crashed out The Gukurahundism in the Shona Shonalization of the pulpit and of his office within the Catholic grand plans did not spare the alter, Catholic Archbishop Pius church and divested of his church.... Ncube who had instructed his archbishop privileges by being parishes in Bulawayo to use the removed from the powerful socio Moyo Ndzimu - Unami (2012) Ndebele language and not Shona - political pedestal to which he criticized the church in was ensnared by the state in a had been elevated as the voice of Matabeleland for complicity in display of an amorous the dominated and oppressed in perpetuating Gukurahundism by relationship with some woman. Matabeleland and the Midlands. being, "outposts of Shona His removal from his position by imperialism and tyranny just like Like many men, the archbishop the Vatican and his disgrace did our Universities, police stations was not the Admirable Crichton not embarrass his flock and and government offices". He but the prompt coverage of the Matabeleland as much as his questioned why the Shona should scandal by the state press was ignominy and moral divestiture be “Jew to the gentile and gentile further proof that the plan was deprived the victims of ZANU to the Jew?". His question was hatched by powerful offices in the PF's misrule of an influential, motivated by the tendency of government. Many asked where leather - tough and consistent all - most Shona people in the press had been when Mugabe weather ally.. Matabeleland who did not want to himself had eaten the forbidden speak isiNdebele, TjiKalanga, fruit and fathered two children For acknowledging his TjiNambya... By being Jew to the (Chatunga and Bona) with his responsibility not only to his Jew and gentile to the gentile, St. married secretary Grace Marufu flock but to his folk too, the Paul's message appealed to all while his wife Sally was suffering bishop torched a storm. A races and he did not only win on her hospital death bed Gukurahundist storm that swept souls to Christ but helped the (Bridgland 2008)... him off the pulpit and forced the converts maintain their identities Vatican to instruct him to shy as per God's plan... The gloves were off and Mugabe away from politics. Mugabe was who had previously threatened then left to his business, free to Some of the said churches down Ncube with unspecified action prance around without any priest rightly refused to integrate into was evidently going for the warning him against villainous Matabele society. The too jugular. It was personal. The and satanic conduct. The common and daily practice of savage attack on his privacy by archbishop revealed (interview on interpreting sermons and songs the CIO, the deputy sheriff 7 March 2015) that after his conducted and sung in Ndebele to accompanied by ten state disgrace he was offered by the Shona was evidence of that journalists (Sokwanele 2007) church to stay in Italy. Other refusal...That policy had spoke volumes of the interest of bishops offered him sanctuary in completely nothing to do with the state in the civil case. Ncube South Africa and Botswana but understanding proceedings. It was was observably being taken to the he had declined all the offers of a cocksure and brash statement of cleaners so that the court of kindness. He said that he could defiance, proclaiming the public opinion could hang him. not accept "living in comfort and
17 foreign peace while my Available from Amazon and at countrymen were languishing in Excerpt from the book 'Robert www.xlibris.com poverty and abuse by the Mugabe KCB' by Esau Ncube, government". published February 2020. UNDERSTANDING THE HISTORY OF THE CONTROVERSIAL MATABELELAND ZAMBEZI WATER PROJECT: A 'PIPELINE DREAM'. 1980 – 1997. Issue 1. BY METHEMBE HILLARY HADEBE to mention a few,2 also strained their lobby.5 It remains unclear the infrastructure and demand for how and why the resuscitation of water. Indeed, Bulawayo was in the project saw the cancellation trouble. Needless to make of the prefix 'Bulawayo' as the mention, the BCC had not former was christened as constructed a dam since 19763 Bulawayo Matabeleland which meant that the existing Zambezi Water Project to dams could no longer sustain the Matabeleland Zambezi Water industrial expansion and the Project. One school of thought growing settlements. Despite the suggested that 'We preferred to afore, the BCC introduced the call it Matabeleland Zambezi water rationing regime in 1983 Water Project as a short cut to and continued to 1985, 1987, Bulawayo Matabeleland In 1980, Bulawayo residence 1988, 1991-934 a move which Zambezi Water Project. What witnessed a 'flag and anthem' was meant to conserve the little matters is to see the project being independence as it never water for Bulawayo. implemented that's all.'6 It is translated to bring water sanity clear that to some people the and security ascribed to it. The Faced with all these hardships name was not of significance, situation worsened. The the Bulawayo residents, the hence they needed the results and demographic increase of business community, academics, the outcome. Bulawayo recorded 413 814 in captains of industry, and the 1982 and 776 786 in 1983 which BCC revived the Bulawayo Contrary to the afore-mentioned, meant that the growth of the city Matabeleland Zambezi Water one noted that the project was increasing from 4.5% to Project in view that the canceled the prefix Bulawayo to 6.5% per annum.1 government would accede to be popular as Matabeleland Zambezi Water Project because The sudden expansion of 2 BCC Minutes: Minutes of the housing 'Bulawayo' nested tribal industrial growth and the urban committee, 4 March 1991. 3 tendencies regionalizing the M. Musemwa, „Early Struggles over scheme to the Ndebele, hence the location at the turn of 1980 like Water: From Private to Public Water Mahatshula, Nkulumane, Utility in the City of Bulawayo, government was going to neglect Mganwini, and Cowdry Park just Zimbabwe, 1894-1924‟, Journal of 5 Southern African Studies, 34(4), 2008, A review of MZWT: Historical pg.881-8. document of the MZWT, 1998. 4 Royal Norwegian Embassy: Report on W1/24A. 1 6 BMZWP-Prefeasibility Study Phase 2, the projections of BMZWP, 1998. Interview with V. Godonga, self- Main Report Vol. 1 1994. W1/24A. residence, 16 June 2015.
18 the scheme.'7 It appears that the end bring water for the city.9 It needs to be highlighted that project name was not an issue Indeed, the news became a sigh major studies by Gwebu and but well it is hard to dismiss that, of relief as they were Musemwa have argued that the the post-1983 Civil War accompanied by widespread government through MAG indirectly cohered the people in euphoria as the later promised hijacked and expropriated the the region to mainstream the radical end of water woes. One Matabeleland Zambezi Water project's name although it should senior resident remarked that the Project from the residents be emphasized that residences news of a lobby group to bring because of the tiff between the were anticipating to see the water from the Zambezi to the region and the central project being implemented. city were the best news in ages government.12 Precisely, given tantamount to the gospel of the choice of their argument However, in the post Unity independence on the eve of which is to some extent accurate, Accord of 1987, the 1980.10 granted that the Civil war was Matabeleland Zambezi Water taking place at that time. Project assumed major strides in Essentially, at the turn of 1990, However, their argument fails its operations and lobby. Despite the project transcended to be a the test when checked against the no evidence to prove his claims major movement than just a archival documents from the P. Sibanda notes, ‘In 1987, after lobby group. Later developments Trust suggesting that the fruitful deliberations with the saw the formation of the government never hijacked the late Dr. Joshua Nkomo, Comrade Matabeleland Action Group scheme but rather the pioneers of Dumiso Dabengwa (the then popularly known as MAG, which the lobby group invited the Home Affairs minister) constituted ZANU PF's political politicians in the region hence approached me together with heavyweights from the region the MAG derived the powers other six guys that were thought that is members of the from the people. Residents, to be useful players to water parliament, governors of MAG, and the pioneers of the issues in Bulawayo. As such, he Matabeleland and even the scheme recommended the project requested us to look into the Mayor of Bulawayo.11 This to the government in view that it viability of the Matabeleland meant that the discourse of water was to attract necessary Zambezi Water Project as was scarcity and the Zambezi project recognition. No doubt, the instructed by the late Joshua was reactivated on a broader project was envisaged to be Nkomo. I was responsible for scale. The main objective of adopted by the government since coming up with the pipeline MAG was to spearhead the pioneers of the scheme like route which at first bypassed development in the region be it Dabengwa (then Minister of Matabeleland South but such a infrastructure, land, and to that Home Affairs) came from the route had its challenges. This end water which played a salient same government.13 was the beginning of a powerful role in the development. As inquiry and lobby.'8 Without representatives of the region, further ado the lobby group of they claimed legitimacy over the the Matabeleland Zambezi Water scheme on behalf of the people Project also included the the owners of the project. Indeed residents, with the sole aim of the Matabeleland Zambezi Water bringing water to the city. As the Project was later coordinated by lead runner to the project, the MAG. Dabengwa announced that the project was feasible and the lobby group was therefore on the 12 M. Musenwa, „Politics of Water in crusade to lobby, solicit funds, 9 The Chronicle, May 1988 also see Post-colonial Zimbabwe, 1980-2007‟ research, advertise and to that MZWT Newsletter: Lobby group for (Paper presented at the African Studies MZWP, 2000. Centre seminar, University of Leiden, 10 Interview with A. Sithole, self- 2008) pg.10-14. 13 residence, 09 June 2015. Executive summary: Main Report- 7 11 Interview with B. Ndiweni, self- The Chronicle, 14 March 2010; SWECO feasibility study of 1996; also residence, 09 June 2015. Royal Norwegian Embassy: Report on see A review of MZWT: Historical 8 Interview with P. Sibanda, MZWT the projections of BMZWP, 1998. document of the MZWT, 1998. offices, 20 June 2015. W1/24A. W1/24A.
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