Plight of Jestina and Colleagues
THE abduction and disappearance of Jestina Mukoko has become the cause celebre of the current troubles in Zimbabwe. This is hardly surprising. As a newsreader at the only broadcaster in Zimbabwe, the ZBC, in the Nineties, Jestina was a regular guest in many Zimbabweans’ homes. She became so familiar many may have unconsciously regarded her as one of the family.
Now a prominent and effective human rights advocate, Jestina’s seizure has touched our hearts in a profound way. All right-thinking people hope she is well, although clearly she has been placed in harm’s way. Others silently pray for her welfare and that those who hold her have at least something in their hearts that prevents the kind of treatment that has been visited upon others similarly held incommunicado.
For this abduction is, of course, a chilling reminder of the darker days of 2008, when between March and June 2008, many Zimbabwe lost their lives at the hands of callous characters and an even darker period in the 1980s when men and women disappeared from villages in rural Matabeleland. Their remains lie buried in mine shafts that were turned mass graves.
Abductions, Disappearances and Murders
Presently, the disappearance of Jestina follows the abduction of 15 MDC activists a few weeks ago and reports indicate that two of her work colleagues have since been similarly kidnapped.
In addition, it is reported that Tsvangirai’s former personal assistant, Gandhi Mudzingwa has also been abducted. These are the more prominent people that get (and deserve) the headlines but what we do not know is the extent to which this has also affected the ordinary people perceived to be stepping on the government’s toes. It is much easier to abduct an ordinary person whose case is unlikely to be reported and who knows, there could be scores, it not hundreds who have suffered Jestina’s fate.
There is, plainly, a pattern forming here. Lest we forget, MDC Youth leader Tonderai Ndira was abducted and callously murdered in May this year. His colleague Better Chokururuma, after first surviving horrific torture, was later abducted and murdered in cold blood.
Abigail Chiroto, wife of MDC politician, Emmanuel Chiroto, was abducted from her home and shortly thereafter her lifeless remains were discovered.
The remains of Ignatius Mushangwe, an official with the Zimbabwe Electoral Commission accused of spilling the beans about election irregularities were discovered months after he had disappeared. Others disappeared without trace.
Those who recall the horrors of Gukurahundi in Matabeleland know that this terror tactic is not new in Zimbabwe. And one of the most controversial stories of the Nineties was the disappearance of Rashiwe Guzha, a woman who worked at the CIO, the national spy agency. She disappeared without trace and to this day no one has been held accountable for it.
Historical Precedents: Idi Amin
History has shown that when tyrannical regimes have their backs against the wall, they tend to escalate the scale of terror. The idea is to terrorise ordinary people and perceived opponents.
In Uganda, the infamous Idi Amin wrote his own chapter on enforced disappearances and callous murders in the 1970s. It is said that after a failed invasion led by Milton Obote in 1972, Amin decided to exact revenge on those he suspected of opposing his rule.
The Archbishop of the Anglican Church for Kampala spoke out against Amin and a while later, his bullet-riddled body was delivered to the city hospital’s mortuary.
The Chief Justice was abducted from his chambers in the High Court, never to be seen again. Makerere University’s Vice Chancellor, Frank Kalimuzo, also suffered a similar fate as did many professionals when Amin targeted the intellectuals.
In Latin America, General Pinochet carried out a systematic process of elimination through abductions and disappearances. To this day, many people are still searching for their loved ones.
Violation of Constitution and Political Agreement
Now in Zimbabwe, after the fanfare that accompanied the signing of the political agreement between Zanu PF and the MDCs in September, we are rudely reminded of the old truth, that some things never change; that no matter how much it pours, the rain will never wipe away the leopard’s spots.
The abductions grossly violate the agreement which exhorts parties to desist from violence. Abductions and disappearances constitute physical and psychological violence of the highest order – it’s tantamount to torture, not just for the individual victim but also for the victim’s family, friends and other persons in the victim’s position. Everyone is a potential victim and can no longer afford to sleep with both eyes closed.
Legally, the abductions abrogate the Constitution of Zimbabwe. It protects, in section 13, the right to personal liberty but abductions clearly violate this right and the failure by the police to take prompt action to investigate the disappearance is of itself a violation of the right to protection of the law which is guaranteed under section 18.
At least the High Court, after an unhealthy and troubling delay before hearing the matter, has played its part by ordering the police to take a more active approach to the investigation into Jestina’s disappearance. It goes without saying that such abductions and disappearance place at very high risk the right to life that is guaranteed under section 12 of the Constitution.
Crime Against Humanity?
But this too is a matter that should place the Zimbabwe crisis at the centre of the United Nations’ attention and perhaps justify more active intervention because where abductions constitute a systematic practice that would be considered to be a crime against humanity.
That abductions and disappearances are an affront to human dignity has been recognised by the UN. The UN’s International Convention for the Protection of All Persons from Enforced Disappearance (General Assembly resolution 47/133 of 18 December 1992) states in Article 1 proscribing abductions that, “No one shall be subjected to enforced disappearance” and that “No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification for enforced disappearance”.
Article 2 of the Convention defines ‘enforced disappearances’ as “the arrest, detention, abduction or any other form of deprivation of liberty by agents of the State or by persons or groups of persons acting with the authorization, support or acquiescence of the State, followed by a refusal to acknowledge the deprivation of liberty or by concealment of the fate or whereabouts of the disappeared person, which place such a person outside the protection of the law”. This clearly is what has happened to Jestina and her colleagues.
Perhaps more importantly, Article 5 of the Convention states that ‘the widespread or systematic practice of enforced disappearance constitutes a crime against humanity as defined in applicable international law and shall attract the consequences provided for under such applicable international law’.
As argued above, there appears to be a worrying pattern of enforced disappearances, often leading to unlawful deaths, and it is surely a matter for the UN to determine whether this pattern constitutes a ‘widespread or systematic practice’ to classify it as a crime against humanity. This is relevant when you consider the present events within the context of the abductions and disappearances during Gukurahundi in the 1980s.
It is surely, time for the UN and its Committee on Enforced Disappearances which is responsible for the Convention to play a more central role to address these violations and take appropriate action. Who knows how many ordinary people whose relatives have similarly disappeared? This also an occasion for the civil society organisations that perform the great work of documenting human rights abuses to carry out and present an audit focussing specifically on enforced disappearances. This should provide critical evidence for the UN in deciding on the matter of whether these acts now constitute a crime against humanity.
Hopefully, SADC and African Union leaders can see for themselves what ordinary Zimbabweans are up against. Not only do they have to struggle to cope with the cholera epidemic, the state appears to have escalated the sponsorship of terror. As it is, we can only hope and pray, excuse the cliché, that Jestina, her colleagues and many others similarly encumbered will emerge unharmed.
Thank you for a factual analysis of the disturbing happenings in our beautiful country Zimbabwe. It is good that we are all enlightened of the laws under which the current crimes being perpetrated fall under.
Yes, the meltdown in the country has left the ruling party with no scapegoats. However, people should not be subjected to further harassment and abductions as if the daily struggle to survive is not a big challenge on its own.
It is up to all Zimbabweans to stand united and face this tyranny together. Yes, greed has usurped our sense of Ubuntu. Yes US dollars are awash in Zimbabwe. Yes donated water purification tablets are now a preserve for the rich who can still afford them anyway. Yes, our self centeredness, individualism, me, I and myself culture, and greed has led our country to this great depth of poverty and depravation.
Let it be known that justice will prevail one day and that God is watching and each and every one of us will be made to account for our actions on that great day.
Best wishes to my fellow struggling countrymen.
Jestina Mukoko wherever you are, May God protect you.
The world watched in silence as Mugabe butchered 20000 people, it even confered several honorary degrees to him afterwards.The same world is watching complicitly as people are abducted and killed.The so called United nations is just another toothless bulldog.
its quite disturbing when i read the events happening im my beautiful country..is not true that “power is corrupt and absolutely corrupt”, said martin luther.all the events are centred on the sweetness of power,” i say to one goes and he goes, and to another come and he comes”, the centurion servant.mugabe has tested the ability and the capacity of power and found it very sweet let alone to give it up is not an option for the old man. The disappearance of justina mkoko is a clear indication that it is mugabe who needs ” medical correction not brown”..mugabe i presume he has dimentia, no man in his mental capacity can let his people disappear and die like flies..
My prayer each second is that please let not this man die soon , let the african leaders learn what dictators will nbe like in their end days, let it be a warning to everybody that power is not forever, chinobhururuka chinomhara..im waiting patiently like a hawk in the sky..i want to see the end of this man..my father was beaten in mount darwin, josiah township with the command of saviour kasukuwere but form a distance God is watching us.
please i am appealing to all fellow zimbabweans if you are a christian call upon your God, if you are moslem call upon Allah, if you believe in spirits call upon your mudzimu..we need the return of justin unharmed and a new zimbabwe guided by the new blood…mugabe time is up and you know it that your sins will haunt you on that day God has appointed..its not long but i wish you pray you were not born because on that day their no light for you their is only darkness..give up and we can forgive you..its time robert..chew my words you find wisdom in them but if you are a fool you die a fool.
call mugabe
Give the little guy a call on +263-4-707098 and make a noise about the recent abductions of civic and political activists in Zimbabwe.
This is disturbing. Some good ideas from this boy from Bikita. I suspect the British secret intelligence services is paying him very well.
Alex, – Things are falling apart in Zim… Come-on, “Mhunhu haangango shaikwa, handiti!” These persons are somewhere in the 12 corners of Zimbabwe. Yes, High Court has finally taken some action and asked the police to do much more… Alex, “ndiwe wakaverengazve”, Tell me, can’t the High Court summon the CIOs as it did the police? Are the CIOs above the law…? Well, I guess this is rhetoric, I am asking as if I do not know very well that there is no-more LAW in Zim… These guys can do whatever they want and nothing will happen to them… You brought-up the Rashiwe Guzha story, at the time of her disappearance, there was still some kind of law & order in Zim, but still nothing happened to those last seen with her or suspected to have caused her disappearance even with over 100 police witnesses, the case was thrown out for insufficient evidence… The regime is now crazy… You here Sikhanyiso acting “Comical Ali of Iraq” claiming the current cholera epidemic is a biological attack from the British!?!?! What a joke?
[WATCH Sikhanyiso on http://news.bbc.co.uk/1/hi/world/africa/7780728.stm
This guy is certainly crazy and stupid – you could even see he was laughing at himself as he could not believe he had just said that!!! It very worrying when the regime is in this state and your loved one disappears… you know their chances are just but gloom… Jestina “We love you and Miss you and hope the Lord Almighty is looking after you!” Yes, Jestina was part of our family and more-so for me because we go very far during her day at High School Fletcher, paGweru, when she was my Head-Girl – what a caring big sister she was? Whilst your chances are very low, we pray that your captures/insurgence will not harm you and will one day deliver you alive! I bet Gideon GONO is aware & privy to your where-abouts… Gideon for once do something reasonable and tell us what they have told you and where Jestina is…
I just hope Jestina doesnt end as an unlawful death statistic like Rashiwe .
Death is a painful motive.
I just hope devine intervention or socail justice will balance these issues.Yes I agree Gono should be reported to the Hague for war crimes.
My prayers are with jestina
Democracy! Do not tell me in the whole of Zimbabwe, NOBODY has shoes! See how effective they can be… “Pashayawo muZimbo ‘one’ angatitemera Bob? Do kurumbidzai before they declare a State Of Emergency. [SOE] Watch this link below?
http://news.bbc.co.uk/1/hi/world/americas/7782774.stm
Who/What caused cholera in Zimbabwe?, Watch this – The facts from the C I O!!! “Unonzwa kuvanyarira! A Big Joke!!!”
http://news.bbc.co.uk/1/hi/world/africa/7780728.stm
Thanks for your comments.
Those of you who have read previous contributions in this column will recall that i have little faith in the regioanl body, SADC, the continental body the AU and indeed the international forum provided by the UN. They will talk and talk, come up with sound bites, rhetoric and more rhetoric … it will die down for a while and then pick up when another grave story emerges from Zimbabwe. This time it’s cholera and abductions; you can be sure there will be more episodes to come and it will be the same old story. Mr Mugabe and his colleagues know that so they even have the audacity to ‘joke’ about cholera. So no, i don’t have any great hopes that the international family of nations will do much to help us. The destiny of Zimbabweans has always been and remains in their hands.
When i wrote this, i was mindful of the fact that it would not change their views or actions but that perhaps it would also show what we know as ordinary people – that this is wrong and potentially a crime against humanity. One day some people will have to account for their actions and there is no harm recording these events.
And to Ncube, thanks but I wish I were on some payroll … But no, I too have to contend with the credit crunch and the rapidly falling pound … talk of being between a rock and hard place!
Meanwhile we deserve a lauch at our ‘Comical Ali’ versions who deny what appears obvious and when they try to spin, they spin it very poorly it’s so embarasssing …
People please wake up. There wont be any Britain or European union armies coming to rescue you. you have to grab the bull of “contention” by the horns. Many were happy when the gukurawundi murdered innocent citizens. That was an eye opener to most of you who favoured mugabe’s one party state. The lesson is, that if you see someone doing something bad to another fellow citizen, confront him. Tomorrow he will do the same thing to you.
Thank God we now know the whereabouts of the human rights activist Jestina Mukoko.Her abduction was clearly a distinctive instruction from that evil government of chief tyrant R G Mugabe.I am very glad that same orders are now being applied in an attempt to eliminate some stumbling blocks who are really cheering Bob to keep going.Eliot Manyika is history,Perrence Shiri watch out,tiza they will get you.The truth is,after you( the archtect of Gukurahundi), Mugabe will go.