UN PROTECTION IS NOT IMMUNITY: WHAT THE HANDOVER OF MUNDUBILE AND MAKEBI ZULU REALLY MEANS
Fellow Countrymen and Women,
There has been considerable debate over whether the United Nations in Zambia acted fairly by providing temporary shelter to Brian Mundubile and Makebi Zulu after they reportedly sought refuge from Zambian state authorities over allegations that they were involved in matters considered a threat to national security.
On Sunday, I wrote to the UN Coordinator in Zambia, reminding the organisation of the boundaries of its mandate and responsibilities. However, it is important for the public to understand that the UN operates on the basis of facts, evidence and established procedures.
Where there are reasonable grounds to believe that individuals are being unjustly targeted or persecuted, the UN can intervene and provide protection. But where credible information points to serious allegations involving terrorism, incitement to violence, genocide or other grave threats to national security, the UN cannot reasonably be expected to provide indefinite protection from legitimate state investigations.
I am not a judge, and I therefore cannot convict either of the two. Their guilt or innocence must ultimately be determined through due process and, where appropriate, by the courts.
However, the information available to me suggests that the Zambian Government has a legitimate basis for pursuing this matter. The allegations should therefore not simply be dismissed as political persecution without allowing the relevant institutions to investigate and establish the facts.
The reported handover of the two should also not automatically be interpreted as the UN endorsing the Government’s case or declaring either individual guilty. Rather, it demonstrates an important principle: international protection does not amount to immunity from legitimate legal processes.
If the allegations are unfounded, the proper legal processes should establish that. If there is evidence of wrongdoing, the same processes should establish that as well.
What Zambia needs at this moment is neither premature conviction nor political speculation. We need facts, transparency, due process and respect for the rule of law.
I believe that once this matter is fully investigated and concluded through the appropriate legal processes, many Zambians will have a clearer understanding of the Government’s position and the reasons behind its actions.
Until then, we must allow the facts to speak for themselves.
UN protection is not immunity. And allegations are not convictions. Justice requires that both principles be respected.
Sikaile Sikaile
Amnesty International urgent Actions Department
A well balanced viewpoint.