Position Paper of the People of Mthwakazi (Alias Matabeleland)

to the

United Nations High Commissioner for Human Rights
on the
Human Rights Violations of the Matabeleland Nation
Presented on the 22nd of May 2012 at the Zimbabwe Lawyers for Human Rights
Offices in Harare
Preamble
Zimbabwe is a self governing country; majority rule rests with the indigenous populations of the country. But like any other African country, Zimbabwe has two major ethnic groups which are further subdivided into other smaller ethnic units within them. Like the rest of the African countries, agitation for independence galvanised the peoples of the country together, but, at post independence when the “cake had to be shared”, otherness became a significant issue to be considered, Whereas, like all other African countries whose boundaries were an arbitrary creation of Colonial plunder and supremacy, the country found itself with one so called major ethnic group in control of state authority and state resources.

Control of state authority and resources has been shared in a skewed manner as opposed to equity across all the ethnic groups and their sub variants, Whereas, Matebeleland has always been a sovereign state before its conquest in 1893 and was thereafter subdued under the Matabeleland Order in Council provisions.
Whereas, it is a fact that the merging of the two territories into one in 1902; that is, Matebeleland and Mashonaland, was done without the consent of the native groups, Whereas, it is also a fact that the referendum that was held in 1923 did not invite the
natives to participle in a decision that would later affect them,
Whereas, it is a fact that the Lancaster House Constitution in 1979 that ushered in the
independence of the natives from colonial rule did not encompass in it the social security
measures that would have not been only concerned with the mere protection of an
individual against want but also the guarantee of a decent standard accessibility to every
political, economical, social, technological, environmental, and legislative guarantees accruing to every citizen of an independent Zimbabwe.

Whereas, the deliberate neglect of Matebeleland by the present regime saw the reduction of intervention, the withdrawal of vital social expenditure, the closure and relocation of industry to the eastern (Mashonaland- which includes Mashonaland Central/East/ West;
Masvingo, Manicaland, and Harare provinces) region of Zimbabwe.
Whereas, the absence of Matebeleland control over its economy has exposed the national
political context in that there are no defined structures for assessment and the development
of the political, economic, and social security systems.

Whereas, it is not a secret that the Western half of the country, which tends to be occupied by the Ndebele people, with Ndebele simply as a common language but with various other languages, is marginalised, and for the past 32 years has not been meaningfully engaged in the governance of the country.

Whereas, the Lancaster House Constitution only deliberated on the reconciliation between white and black and did not consider ethno-national differences, hence the continued neo-colonialism of the people of Matebeleland by the majority ethnic group from Mashonaland.

Whereas, it is a fact that Welshman Ncube the President of one of the political parties in the Government of National Unity (GNU) has been denied his rightful space to be one of the three Principals in the (GNU) because the aim is to block him for the reason of belonging to Matabeleland.
Therefore, the people-representative groups affiliated to Umhlahlo Wesizwe SikaMthwakazi, a civic group supported by political parties and other civic organizations in the region of Matebeleland and the Midlands (originally a part of Matebeleland), have come together in order to bring to attention to the United Nations High Commissioner of Human Rights, the gross human rights violations that have been perpetrated against the subjects of Matebeleland and the Midlands by the present regime which has been using the current system of governance as a device for the suppression of the people of this region.

The Gukurahundi Genocide (over twenty thousand civilians were killed by the state sponsored fifth brigade) committed by the present regime (under Robert Gabriel Mugabe) from 1983 to 1987 proved that the ethno- national differences cannot be protected by a government that has once sponsored a genocide.

We still witness arbitrariness, discrimination, segregation, social insecurity, marginalization and lack of constitutionalism by the present regime when exercising public authority, especially in Mthwakazi.
To this end, the people of the region seek to have the current political dispensation changed drastically through constitutional (legal) means so as to promote, protect and fulfil or guarantee more meaningful autonomy (self- determination) at par with the region of Mashonaland ( composed of Mashonaland Central/East/West, Harare, Masvingo, and Manicaland provinces).
Areas of Violations of Fundamental Human Rights:
Reference to the International Covenant on Economic, Social and Cultural Rights; adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966. Entry into force 3 January 1976, in accordance with article 27.
1. In respect of Articles 1.1 of the covenant- All peoples have the right of self-determination.
By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
Evidence of Violation:
Violation by de facto segregation, human degradation (subjected to being second class citizens), political decimation: the people of Matebeleland have been denied access to meaningful political decision making positions or roles relevant to their needs a violation
that is in contravention with the Article 1.1.
The present Government of National Unity has only one person from Matabeleland who is the deputy Prime Minister. The other three positions, that is, the President, the Prime Minister and one deputy Prime Minister are all from Mashonaland. In Mashonaland, an
insignificant number of persons from Matebeleland and the Midlands hold senior politically appointed positions or roles, yet they still do not yield any meaningful authority compared to the persons holding the same positions from Mashonaland.
2. In respect of Article 2 - Each State Party to the present Covenant undertakes to take steps, individually and through international assistance and co-operation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means, including particularly the adoption of legislative measures.
Evidence of Violation:
Of utmost importance to note is that, almost all factors of production in Matebeleland and the Midlands are controlled by the people from Mashonaland. The need for self-determination by the people of Matebeleland and the Midlands stems from the fact that self governance will pay more attention to the relationship between extraction of resources and state resource allocation to the region as a whole. There is gross economic plundering and resource stripping in the region whilst most investments proceeds do not accrue to the
locals but are exported to Mashonaland. Loans and tenders meant for the locals are either hijacked by the lot from Mashonaland or the government officials, for example, the Kurora/ Ukondla Youth Fund distributed by CABS Building Society, and the DIMAF Funds meant for this region but later was twisted as a national fund and to this day the other half, United States Dollars twenty million has not been committed to Matabeleland by the government.
In the early years in post independence, monopolies and perfect competition were like two sides of the same coin, meaning that, the parallel differences led to the same objective, profit maximisation. The technical principles; however discreet, applied in running
businesses variably with no conciliatory elements despite the fact that they all aimed at maximising profits. In the early stages of independence the government did not live such businesses in the demises of the people: there were regulations that protected businesses.
Now, the government officials bureaucratically control or discriminately dominate the markets for a good or service using state funds to acquire monopolies.
In Matabeleland, most businesses hardly achieve the equilibrium levels (usually determined by the marginal revenue equalling the marginal costs). This is due to low funding which is designed to stifle business growth in the region.
3. In respect of Article 13 and 27
Evidence of violation:
Schools in Matebeleland and the Midlands are under staffed, under facilitated, and some teachers cannot speak the local languages. The Ministry of Education regulations state that children between grades 1 to grade 3 must be taught by teachers who can speak their
mother language. However, in Matabeleland and Midlands, children of this age-group are being taught by teachers who cannot speak a single word of the local language.
Furthermore, most children in the rural areas begin their early learning at the age of 9-10 years due to the fact that they need to cover a distance of between 10km to 20km a day on foot. This causes many to drop out before they even finish their primary education; hence, fewer students enrol into higher learning institutions. In direct contrast, along the Chivi – Mutare main road, there are two primary schools after every 10 kilometres and a secondary within the same radius. Most of the schools in Matebeleland and Midlands have no science laboratories, a situation that has contributed to students from the region failing to enrol into
science degree programmes. There is also a distortion of history at both primary and school levels as evidenced by the deliberate untruths written about the Ndebele in Dynamics of History Book 3.
4. In respect of Article 12
Evidence of Violation:
Health:
i) Food allocations and distribution to the Region is on ad hoc basis and this affects food security and ARV treatment efficacy. The HIV prevalence rate is high in the border towns as shown by the Zimbabwe Demographic Health survey 2005- 2006. Bulawayo also has the highest (21%) proportion of children aged 0-19years among all patients. Bulawayo also has the highest per capita load of
adolescent patients (300 per 100 000 population, with 2.8- 8.2 times more adolescents per capita than the other provinces. The budget allocations are not based on the needs of the people and their inherent rights to receive government funding, notably Matebeleland and the Midlands provinces are not
adequately funded in order to stabilize, mitigate and deal with the magnitude of lack, poverty, HIV, and socio-economic conflicts bedevilling the people. It is a fact that all the provinces of Mashonaland are well funded, supplemented, and facilitated.
(Derived from Zimbabwe AIDS Network Southern region civil society organizations as stated in Habakkuk Trust Research Archives 2012)
ii) Ekusileni Hospital in Bulawayo still lies idle after its completion, and most of its equipment has been transferred to Mashonaland. Over 75% of the nurses in most hospitals in Matebeleland from Mashonaland who happen to be untrained and they are not given enough basic equipment. A former surgeon, Doctor Chitate, performed one of his experiments on a Ndebele pregnant woman by tearing her womb in an attempt to retrieve the baby; however, the operation failed and the woman and the baby lost their lives: the operation was performed at Ngcebetsha Shopping Centre. The doctor escaped heavy sentence and lost his license to operate even though there was over- whelming evidence proving that he had no adequate equipment to perform such operation.
5. In respect of Article 11
Evidence of violation:
Water: The Zambezi water project has turned 100 years in 2012 since its conception but to this day the budget allocations have been so negligible. These official population figures provided by the Government (Central Statistical Office) were used to decide monetary figures in the allocations for water reticulation. The table below is a collation of population in the City of Bulawayo; however, the figures were deliberately understated in order to justify the little funds being allocated to Bulawayo.
Population Statistics:
Year Population
1982 495 317
1985 535 800
1987 623 000
1992 1 000 000 (Bulawayo City council statistics 1 500 000)
2002 750 000
In the National Budget Allocation in 2009, Bulawayo got almost United States Dollars One Hundred and Fifty Thousand water reticulation whilst Harare received almost Eighteen Million United States Dollars. The water crisis in Matebeleland and the Midlands is a deliberate ploy that was designed to suffocate meaningful development in these regions.

The Zambezi Water project has been stalled for 100 years and the budget allocations for water reticulation have shown that the present government has no concern for the people.
Year after year, water rationing has become the order of the day. Matebeleland is either arid or semi-arid and the local authority has no mandate to construct the dams. Prospective donors have been denied the construction of dams. The government has also blocked the construction of a dam at the Gwai- Shangani river confluence to date.
6. In respect of Article 7
Evidence of Violation:
Unemployment- unemployment rate in Matebeleland region is the highest in the country as most industries have been closed and relocated to Mashonaland under the guise of water shortage. Most companies are now owned by the people from Mashonaland in the region of Matebeleland and the Midlands and most employees are of Shona descent. No significant  investor is interest due to diminishing skilled labour force which has immigrated to the neighbouring countries. Companies such as Kango, Monarch, and dairiboard have been dropping people of Ndebele origin from employment.
Donors’ agencies have also been party to exclusion of the people of Matabeleland, for
example UNICEF has been eliminating people of Ndebele origins from employment.
7. In respect of Article 6.2 of the covenant
Evidence of violation:
Technological: The government has blocked the introduction of modern systems of technology investments into technology, under facilitating the science departments in schools in order to suppress technological growth, production growth, investment
growth, and the production of skilled work force. The engineering institutions that are
state controlled enrol Shonas arbitrarily against the people of Matebeleland and the
Midlands.
Environmental
i. Environmental degradation - Mthwakazi is endowed with various natural
resources that are a revenue source for Zimbabwe; however, these resources
are not benefiting the immediate communities in the region. Farther more, the
government has resettled the former liberation fighters in the in resource rich
areas which were formerly reserved for economic exploitation. The destruction
of vegetation and the killing of protected species are not regulated. On the other
hand, gold panning, and poaching has been normalized with no regulated
systems to control illegal activities. A number of civil organisations with the
intention of educating the resettled population on environmental preservation
are denied access to the new resettled areas by the youth brigades sponsored
by the government. The majority of the people resettled in these areas are not
from Matabeleland, and this contributes to lack of cooperation by the people for
fear of victimisation. The government has used such techniques to buy the
electorate who happen not to be aware of the plunder that is fast stripping them
of their natural inheritance for their economic benefit.
ii. There is no meaningful interest in safeguarding the looting of timber in
Tsholotsho, Nkayi, and Lupane: the coal in Lupane and Whange; the gold all over
the region of Matebeleland(Midlands included); the looting of cement to develop
6 | P a g e
Mashonaland at the expense of the region; the looting of platinum in Beitbrigde;
the steel in Kwekwe; the mining of coal in a game reserve; the resettlement of
the people in the game reserves only in Matebeleland and the Midlands; and
issuing of bogus mining licenses to party supporters (ZANU PF). The miners tend
operate on the river banks causing siltation. The majority of the operators of
such activities are from Mashonaland. They do not improve the places they
occupy but transfer the proceeds to their region.
iii. The district councils are managed by politically appointed personnel who are not
mandated to make or take any measures that may be perceived as prejudicial to
the objectives of the ruling party (ZANU PF). Law only applies to those are
known to be patrons of other opposition political parties or those who apolitical
and viewed as cowards. The rate at which the environmental degradation is taking place will see these areas becoming arid in the next 50years and there probably will be nothing left to sustain the revenue needed for recurrent expenditure.
8. In respect of Article 26
Evidence of Violation:
Legislative/legal- Since independence from white colonial rule, legislative concretisation has never meaningfully existed; in fact, legislation has remained abstract as the arbitrariness has in the interpretation of the legal norms is ad hoc, and the calls for
legislative reforms have exposed the inertia by the regime to accede to such calls. The people of Matebeleland and Midlands have always called for legislated agreed measures in governance that will subdue political-economic policies that are more often inclined to being the index of executive intent rather legislative intent. The region of Matebeleland need an autonomous mandate that will be used for exercising flexibility on legislation under the international law on trade matters; case law- on matters of judicial precedence; and
Common Law- on matters of general provision. The present legal system and its interpretation has not left any room for the people of Matebeleland and Midlands (in the context of external history of law) to trace sources and variables (factors) which may directly or indirectly attribute to the development of the legal system; also, in the context of the internal history of the law, no salient features can be observed that can be singled out as developed locally under the influence of the external historical events. It is a fact that the
African history is a preliterate tradition and by means of ethnographies, the local development of legislation is written through gathering of oral information, legends and epic poems as this forms the identity of society, bringing a sense of belonging and value.
As for Matebeleland and Midlands, there is no indigenous (legal) interpretation that is relevant to the historical background of the region that is incorporated into the present legal system. For instance, chiefs are apolitical; their participation in the legal system is through
the interpretation of common law consistent with international law as enshrined in the supreme constitution. Since the present legal system does not consider the ethno national differences (but only recognises traditional norms from Mashonaland); therefore it is from this reason that an agitation for self determination stems as most people in Matebeleland and Midlands do not identify with Zimbabwe despite being bound by its laws, they strongly identify with Matebeleland. Zimbabwe is a sovereign state, yet the subjects of Matebeleland
and the Midlands do not identify with such sovereignty as the fact on the ground defines inertia by the present regime to bring about the constitutional reforms that are not a tool for neo- colonialism which has characterized the norms of governance in post independence.
There is a congestion of bureaucratic tendencies that has seen a shift of degree of power from the permanent civil service to the few politicians, their personal staff, family members, and advisers.
In reference to the International Covenant on Civil and Political Rights. Adopted and opened for signature, ratification and accession by UN General Assembly resolution 2200A (XXI) of 16 December 1966. Entry into Force 23 March 1976, in accordance with Article 49.
1. In respect of Article 9
Evidence of Violation:
a. Intimidation- Dubious arrests meant to silence anyone who dare raises his or her voice over the Gukurahundi atrocities committed by the regime under Robert Gabriel Mugabe. Fear has been instilled to the people of the region of Matebeleland by the deployment of the prisons, police, and military forces from Mashonaland in the region of Matebeleland and the Midlands in order to suppress any forms of resistance to suppressive measures taken by the government. Government Development Structures like the Provincial Development Committees and District Development committees have military, police and intelligence officers mainly from Mashonaland. It then becomes impossible for the people of Matebeleland to advocate and lobby without fear for their economic and social rights because the government structures that were behind the Gukurahundi are now in charge of their development programmes. Even recruitment favours most people of Shona origins. Top positions in the forces are mostly awarded to servicemen from Mashonaland as if there are no capable servicemen from the Matebeleland and the Midlands.
2. In respect of Article 19
Evidence of Violation:
Despite the fact that the media may be castigating the government about human rights violations, it does not adequately cover as well as articulate fairly, the human rights violations in Matebeleland and the Midlands. This is even sighted by witnessing the visit of
the United Nations High Commissioner for Human Rights; whereby, it is a fact that the groups chosen to attend her forums (UN High Commissioner) are not going to articulate, in a holistic manner, the plights of the people of Matebeleland and the Midlands. Most media institutions are run by the people of Mashonaland, and most, if not all, share the same goal against the people of Matebeleland and the Midlands despite having their own differences. It is also a fact that one the Co-Ministers of National Healing, Honourable Moses Mzila Ndlovu was arrested for speaking about the Gukurahundi genocide.
3. In respect of Article 14
Evidence of Violation:
The People of Matabeleland and Midlands have been denied their rights to recourse after the Gukurahundi genocide. Perpetrators have not been brought before the law. In fact, an amnesty was declared by President Mugabe for all those who carried out the atrocities.
Impact of the Violations on the People of Matabeleland and Midlands
a. Systematic violations which continue to exclude the people of Matabeleland and Midlands from key development and governance processes.
b. Upsurge of economic refugees into other countries especially South Africa and Botswana.
c. High incidences of HIV prevalence which remain unabated due to poor resource allocation. Matabeleland South also now has an increase in Drug Resistant Tuberculosis.
d. Ultimately the people have been reduced to abject poverty.
e. The growing disparities between Mashonaland and Matabeleland in terms of economic growth.
Resolution:
The people of Matebeleland have united so as to stand firm on their demands. Therefore, a need for unity of purpose across all social and political formations within the region has arisen in order to safeguard the interests of the people of this region. Under the banner of
Umhlahlo Wesizwe SikaMthwakazi, an umbrella association for all groups concerned with the welfare of Mthwakazi (Matebeleland and Midlands), have compressed their ideological positions into a common principle in order to highlight the arbitrariness that has seen gross
human rights violations perpetrated in Mthwakazi(Matebeleland and Midlands) by the ruling regime in post independent Zimbabwe. The people-representative groups have sought the understanding and action upon proposals they have made to the government of Zimbabwe to no avail. The human rights violations are a perpetual norm in Mthwakazi region and the coverage has not been fair from many parts of the world media. Mthwakazi has no sovereignty despite the fact that there is shared legislation with Zimbabwe. The present constitution is suppressive, degrading, and subjective, and it can be easily disaggregated to the level of the individual as long as one who yields public authority is from Mashonaland.
Such discrepancies have always been taken lightly by the bodies concerned with world peace as they end up being solved when many such suppressed groups resort to civil disobedience to rectify ethno- national differences that have failed through lack of access to
a platform to resolve disputes. Civil disobedience in Africa can be irrational in the form of wars, treacheries, and can usher in totalitarian rule; depriving the people of everything they had.
Through self determination, the sovereignty and dignity of the people of Mthwakazi can be preserved; it can be developed to the level of equal representation in international matters and on all other allied or subsidiary bodies concerned with solving world problems as it is
therefore an essential element in a sovereign state. We cannot secure our social, political, and economic obligations without being recognised as a sovereign state, neither can we be in a position of authority which mandates us to mobilize investor confidence successfully without undue interference.
Conclusion
Therefore, it is a fact that all constitutions seek to articulate, with differing degrees of intensity and detail, the shared aspirations of the nation; the values which bind its people, and which discipline its government and its national institutions; the basic premises upon
judicial, legislative and executive power is to be wielded; the constitutional limits and the conditions which that power is to be exercised; the national ethos which defines and regulates that ethos; and the moral and ethical direction which that nation has identified for its future. The present constitution denies the people of Mthwakazi such fundamental rights.Most policy implementation processes are not compatible with the environmental and political- economic requirements within the region and this has exposed the government’s lack of commitment in planning and application of policies in Mthwakazi.

The present constitution has all the elements of the colonial proverbial, especially evidenced by the regional inclinations that are segregational towards Mthwakazi. It is from these views, above, that an agitation for self- determination arises and while observing all regulatory systems, laws of Zimbabwe, and international law, we serve this document for your evaluation and action.
The representative groups, from Mthwakazi request for your intervention in moderating and assessing the situation in this region in order for you to understand the existing factors and situations that have compelled the groups to advocate for self- determination.
Reference to reports sent to the Office of the High Commissioner for Human Rights through the following Rapporteur, independent experts and special bodies and copied to urgent action on the 24 th of February 2011