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    Zimbabwe’s 2008 Elections Featured Systematic Rape

*Other African Governments Should Act to Hold Perpetrators Accountable *

*December 10, 2009 *

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(Johannesburg)* *– Members and supporters of President Robert Mugabe’s
ZANU-PF party committed widespread, systematic rape in 2008 to terrorize the
political opposition, said AIDS-Free World in “Electing to Rape: Sexual
Terror in Mugabe’s Zimbabwe,” a report released today. These crimes against
humanity have received little public attention and the government has made
no effort to hold the perpetrators accountable. A concerted regional effort
is needed urgently to bring both high- and low-level perpetrators to
justice.

The 64-page report is based on extensive interviews with 72 survivors and
witnesses, and documents 380 rapes committed by 241 perpetrators across
Zimbabwe’s ten provinces.  ZANU-PF supporters who carried out the attacks,
including members of the “youth militia” and former soldiers in Zimbabwe’s
war of liberation known as “war veterans,” identified themselves to their
victims. All the women targeted were supporters of Morgan Tsvangirai’s
opposition party, the Movement for Democratic Change (MDC).

“The evidence is incontrovertible: Mugabe believes he can sanction rape
without fear of consequences. Zimbabwe is perhaps the greatest test for
ending impunity,” said Stephen Lewis, co-director of AIDS-Free World.

The testimony demonstrates that the rape campaign waged by ZANU-PF in
Zimbabwe was both widespread and systematic, with recurring patterns
throughout that cannot be coincidental. For example, the striking similarity
of rhetoric about MDC political activity made before and during the
violence; the uniform physical and emotional brutality of the rapes; the
specific types of beatings and weapons on common parts of the body; the
modes of detention and locations of the rapes; the circumstances and
concurrent crimes as part of the broader attacks; and the consistent refusal
of police to investigate and refer these cases for prosecution, taken
together, demonstrate a systematic, organized campaign. It is also
exacerbating an HIV/AIDS crisis in a country where, according to statistics
updated by the UN two weeks ago, eighteen percent of adults are infected
with HIV. Rape helps to spread the virus farther and faster.

“ZANU-PF orchestrated its campaign of rape to terrorize, and destabilize
entire communities,” said Paula Donovan, co-director of AIDS-Free World.
“Clearly, the tactic worked: Mugabe is still president.”  Some women were
forced to watch the rape of their daughters and murder of their husbands and
other family members before or after they were raped.  Several women were
held as sexual slaves at ZANU-PF base camps for up to two weeks.

All the women who testified described either their fear of reporting their
rapes, or the indifference they encountered from the police.  They
consistently ascribed the lack of police action to the close, well-known
association between the local and national police and ZANU-PF.

The government of Zimbabwe was well aware of the widespread sexual violence
against women during this period.  The Joint Operations Command (JOC), the
supreme organ of Zimbabwe state security including the heads of the
military, police, intelligence services, prisons, and reserve bank was
responsible for masterminding the election violence. As the head of the
government and the leader of the political party in power, Robert Mugabe had
the ability to control both the JOC and his ZANU-PF supporters and failed to
do so.  Similarly, as the head of the government, President Mugabe could
have insisted on addressing the rape campaign through prosecutions and the
rule of the law. He did not. This combination of knowledge, the refusal to
prevent, and the failure to punish the widespread political rape requires
that Robert Mugabe and members of the JOC should be investigated and
prosecuted for their individual criminal liability for the rapes.

The report asserts that in Zimbabwe, both the police and the legal
infrastructure are so seriously compromised as to make justice for
systematic rape inside the country impossible.  The majority of public
prosecutors, magistrates, and judges are well known for their connections to
ZANU-PF, making independent criminal prosecutions against ZANU-PF supporters
unlikely. Zimbabwe’s domestic rape law requires that victims overcome
insurmountable hurdles, and to risk the very real possibility of reprisals
from authorities. And under Zimbabwe law, rape cannot be prosecuted as a
concerted campaign, ordered from on high and executed on the ground.

“Electing to Rape” recognizes the severe limitations on legal accountability
within Zimbabwe, and therefore looks at a number of compelling alternative
routes to justice that exist in the region. High-level commanders could be
tried in the courts of other African countries under the principle of
universal jurisdiction.  South Africa, in particular, has a universal
jurisdiction statute implementing the Rome Statute, the international treaty
governing the International Criminal Court. If it so decided, South Africa
could try perpetrators of serious international crimes should they enter the
country. The Southern African Development Community (SADC) has its own
tribunal as well as other tools – including sanctions and suspension - that
it could use to censure Zimbabwe.  The African Commission on Human and
Peoples’ Rights could also hear complaints of human rights abuses, and the
African Union could take action against Zimbabwe to express its disapproval.


AIDS-Free World contends that the international community has a crucial role
to play. The Office of the Prosecutor of the International Criminal Court
(ICC) should conduct a preliminary examination of sexual crimes against
humanity in Zimbabwe in 2008 with the possibility of opening an
investigation into the situation in Zimbabwe. The UN High Commissioner for
Human Rights should conduct an independent investigation that would
culminate in a public report presented at the Human Rights Council.

Zimbabwean human rights activist Elinor Sisulu, who spoke at the
Johannesburg launch of the report today, underscored the report’s focus on
shared responsibility, “The African Charter on Human and Peoples’ Rights
obligates countries in our region to protect the lives and security of women
and girls,” she said.  “If victims cannot be sure that it’s safe to come
forward, they will not be able to testify about the crimes they have
endured. Accountability is the key to preventing the next round of rapes in
Zimbabwe, and there can be no accountability without the active
participation of victims.”

For further information, footage or interviews, please contact FD South
Africa as follows:

Dani Cohen       27(0) 82 897 0443 / [email protected] This e-mail address
is being protected from spam bots, you need JavaScript enabled to view it
Sandra Sampayo     27 (0) 79 167 6863 / [email protected] This e-mail
address is being protected from spam bots, you need JavaScript enabled to
view it

This press release was prepared by AIDS-Free World
-- 
Maya S.

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