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: info@phutheho.org.zw
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: info@phutheho.org.zw
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 human8
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 law9
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 procedures10
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 and11
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 conditions12
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 perpetrators14
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 Midlands15
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 did16
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 and17
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.You can also read
