Tuesday, July 26, 2011

(HERALD) Parties’ differences disrupt Bill hearing

COMMENT - I always think it is sickening when the MDC tries to play politics with mass killings. They want an investigation of the Gukurahundi events around 1985, but not the atrocities committed by their backers and party members (like Roy Bennett and David Coltart), during the independence war, which ended a mere 5 years years earlier.

Parties’ differences disrupt Bill hearing
Tuesday, 26 July 2011 02:00
By Lloyd Gumbo

Differences between Zanu-PF and the MDC formations over the period when human rights abuses should be investigated led to abandonment of public hearings on the proposed Zimbabwe Human Rights Commission Bill.

Sources close to the matter yesterday said negotiators to the Global Political Agreement had agreed to start the probe from 2009 when the inclusive Government was born. But MDC formations now want the investigation to begin from Independence and include the Gukurahundi crisis.

Zanu-PF opposes the proposal and argues that if that was the case, the investigations into human rights abuses should start from the colonial era, a move the MDC formations dispute.
"The MDC formations were saying they wanted human rights abuses to be investigated from 1980 so that they can implicate Zanu-PF on the Gukurahundi issue.

"Zanu-PF said if that's the case, the abuses can as well be investigated from the pre-colonial era, but MDC formations refused saying it was not necessary. Now the parties don't trust each other on motives during these hearings," said a source.

Another source added: "The GPA negotiators agreed that they would start investigating the human rights abuses from 2009 after the signing of the GPA, but it is understood that MDC formations went through the backdoor to tell their supporters to raise issues from 1980.

"They also told them that they should raise the issue of what happened during the Presidential run-off elections in June 2008, while Zanu-PF on the other hand says we should abide by what was agreed on by the negotiators.

Clerk of Parliament Mr Austin Zvoma yesterday said there was nothing wrong with people demanding to see the Zimbabwe Human Rights Commission Bill first before making their submissions. Three public hearings on the Bill have been abandoned in Harare, Masvingo and Chinhoyi after members of the public demanded that the Bill be translated into a language they understood better.

They also argued that they should see the Bill first and understand what it said before making contributions. Mr Zvoma said authorities were yet to receive official reports on what transpired at the aborted meetings before making a statement today.

"We are waiting for reports from chairpersons of the committees that were conducting the hearings on what transpired because so far we have only been seeing media reports. We will be making a statement on that tomorrow (today)," said Mr Zvoma. "However, audiences have to be pro-active and their views should be accommodated. We need to get audiences appreciated by listening to their concerns. If they say they want to see the Bill first before giving their ideas there is nothing unusual about that.

"We are currently undergoing reforms where there is need for effective communication. Therefore, if people say they want the Bill in the language they understand, then we have to be responsive to the needs of stakeholders. It's not unreasonable that the document should be in the language they understand."

Violence erupted at Parliament on Saturday where MPs and journalists were allegedly assaulted by people who wanted to attend the hearing. The Bill was gazetted last month and is also provided for in the election roadmap agreed on by the negotiators.

According to the roadmap, the Zimbabwe Human Rights Commission Bill should be enacted within 45 days from June 7. The Bill seeks to make provisions for the powers and operations of the Zimbabwe Human Rights Commission.

If adopted, the Zimbabwe Human Rights Commission Bill would empower the commission to investigate people in their individual capacities, State and corporate institutions.
Among the commission's functions are; promoting awareness of and respect for human rights and freedoms at all levels of society; promoting human rights development and freedoms, while monitoring and assessing the observance of human rights in Zimbabwe. The commission will recommend to Parliament effective measures to promote human rights and freedoms.

It will also investigate the conduct of any authority or person where it is alleged that any rights in the Declaration of Rights have been violated. The commission will assist the responsible minister to prepare any report required to be submitted to any regional or international body constituted or appointed for the purposes of receiving such reports under any human rights convention, treaty or agreement to which Zimbabwe is a party.

It may also require any person, body, organ, agency or institution whether belonging to or employed by the State or local authority to provide annually information needed to prepare and submit required reports.
The commission will have power to take over or continue investigations instituted by the public prosecutor where it determines that the dominant question in issues involves a matter pertinent to its functions.

It will also refer to the public prosecutor for investigating any matter the commission determines that the dominant question an issue involves is pertinent to the functions of the latter. The commission, through an Act of Parliament, will have power to conduct investigations on its own initiative or from complaints received.

It will visit and inspect prisons, detention centres, refugee camps and related facilities to ascertain conditions in which inmates are kept and make recommendations regarding them to the minister administering the institutions.

The same will be done to places housing mentally-ill and intellectually-handicapped people who are detained and make the necessary recommendations.

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