No sane person would wish that the law of the jungle takes over in any part of the country, certainly not in diamond-rich Marange.Experts say the rule of law is “a legal maxim that provides that no person is above the law”.
In this case, the police, the private security guards and of course the unlicensed miners are all not above the law. What is important is the professional enforcement of the law using minimum force and recognising the possible consequences of acting outside the law.
The alleged offender, regardless of gender, race, nationality, political affiliation and so on, has his or her human rights especially if their treatment is going to jeopardise the sale of Marange rough diamonds.
Universally, offenders have a right to be treated humanely during arrest and while awaiting trial by a lawfully-constituted court to decide the merits of the case and mete out the appropriate penalty if found guilty.
Other authorities maintain that the rule of law requires the government to exercise its power in accordance with well-established and clearly written rules, regulations, and legal principles. In other words, no-one is above the law.
Even if the miners are accused of mining legally, they should be apprehended in a lawful manner. The rule of law also requires that those who allegedly shot, beat and unleashed dogs at the unlicensed miners be arrested and put on trial.
Victims should be made aware of their right to sue for compensation for any injuries sustained during arrest including gunshot wounds and dog bites. It is important that human rights lawyers afford assistance to victims of state-sponsored and privately-perpetrated violence to ensure justice is done.
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Instead of rectifying the ongoing rights violations at Marange in particular and in the country in general, Zanu-PF is desperately trying to ring-fence rights abuses from public and international scrutiny.
For instance, it has tried to restrict the definition of human rights to domestic law in the Zimbabwe Human Rights Commission Bill thereby avoiding reference to all international human rights instruments the country has ratified or to which it acceded.
Even more curious was the regime’s attempt to exempt rights abuses committed before February 13 2009 from the Commission’s scope of investigations.
Sometimes the regime tries to defend the indefensible. For instance, during a General Assembly debate in December last year, Mugabe’s representative to the UN, Chitsaka Chipaziwa, avoided discussion of alleged rights abuses in Marange, choosing instead to play to the gallery by attacking the allegations as “the howling of the jealous”.
“Latter-day colonialists must wake up: the beautiful train laden with glorious stones is leaving without you. Choo, choo, choo,” Chipaziwa is quoted as saying.
It is unfortunate that the regime’s sympathisers are in denial. For instance, President of a Zanu-P-aligned organisation which advocates seizure of non-black owned businesses the Affirmative Action Group (AAG), Supa Mandiwanzira reportedly claimed “right thinking citizens of the world are no longer taking these Western-backed groups seriously…”.
Neither are any right-thinking people taking AAG seriously. Until rights abuses are eliminated in Marange, the rough diamonds will remain tainted and not fit for sale as conflict-free.
BY CLIFFORD CHITUPA MASHIRI
