NewsDay (Zimbabwe)

State must stop abductions

- Heal Zimbabwe Trust

HEAL Zimbabwe joins the rest of the world in commemorat­ing the Internatio­nal Day of the Victims of Enforced Disappeara­nces. The special day is commemorat­ed annually on August 30.

The Internatio­nal Day of the Victims of Enforced Disappeara­nces was passed under resolution 65/209 on December 21, 2010, which expressed great concern on the rising cases of involuntar­y disappeara­nces.

This culminated in the adoption of the Internatio­nal Convention for the protection of all Persons of Enforced Disappeara­nces, where August 30 was declared as the Internatio­nal Day of the Victims of Enforced Disappeara­nces.

The commemorat­ion of this important day serves to remind states on the need to enact specific laws that protect citizens against the crime of enforced disappeara­nce.

This can only be achieved through investigat­ing reports of enforced disappeara­nce and bringing those responsibl­e to justice.

Article 1 of the Internatio­nal Convention for the Protection of All Persons from Enforced Disappeara­nce highlight that “no one shall be subjected to enforced disappeara­nce”. Enforced disappeara­nces remain a crime that is not only degrading, but generates insecurity among affected persons.

The African Charter on Human and Peoples’ Rights (ACHPR) (also known as the Banjul Charter), a regional human rights instrument is also a tool meant to promote and protect human rights and basic freedoms on the African continent.

Article 4 of the ACHPR highlight that “human rights are inviolable” hence every human being shall be entitled to respect for life and integrity. Further to this, Article 23 of the charter also highlight that “all people shall have the right to national and internatio­nal peace and security”.

For Zimbabwe, however, the commemorat­ion of this important day is taking place at a time when the country has not brought to book individual­s who have in the past used enforced disappeara­nces as a tool to silence human rights.

What is rather disturbing is that besides having internatio­nal and regional legal instrument­s that prohibit enforced disappeara­nces, Zimbabwe continues to record a spike in cases of enforced disappeara­nces.

The August 1, 2018 post elections demonstrat­ion in Harare, which witnessed the gunning down of six unarmed people by members of the security services, was followed by abductions of prominent political activists.

During the January 2019 demonstrat­ions, the State also used abductions as a tool meant to target activists.

On the eve of the August 16, 2019 MDC Alliance demonstrat­ions, Citizens Manifesto co-ordinator Tatenda Mombeyarar­a and

Blessing Kanotunga, the MDC youth chairperso­n for Mufakose district, were abducted by unknown assailants.

In the days that followed, several MDC Alliance activists were abducted across the country as well as comedian, Samantha “Gonyeti” Kureya.

What is rather worrisome is the lack of political will by the government to ratify key convention­s that speak to issues relating to state obligation­s in as far as prevention of enforced disappeara­nce of citizens is concerned.

Convention­s that Zimbabwe is yet to ratify include the United Nations Convention against Torture or Inhuman or Degrading Treatment (CAT), the Internatio­nal Convention for the Protection of All Persons against Enforced Disappeara­nces as well as the Rome Statute, among others.

To date, pro-democracy activist, Itai Dzamara who was abducted on March 9, 2015, remains unaccounte­d for. Abductions remain a gross human rights violation that must be condemned as it is not only degrading but barbaric and a bad practice.

Enforced disappeara­nces remain a serious violation of human rights and a crime. Section 53 of the Constituti­on provides for freedom from torture or cruel, inhuman or degrading treatment or punishment.

Such fundamenta­l human rights and freedoms are to be enjoyed by every citizen without selective applicatio­n. The occasion of this important day offers an opportunit­y for the government to expedite the search for missing persons, particular­ly Dzamara, whose search was ordered by the High Court.

Heal Zimbabwe implores the State to stop using abductions as a tool to deal with political opponents. Heal Zimbabwe implores government to explore peaceful and non-violent means to address citizens concerns such as dialogue.

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