Political violence across African states continues to untangle the social fabric and shake the foundations of nation building. The systematic political violence often leaves a wake gross of human rights abuses. The violence is often fueled by political elites who try to cling on to power. The elites play up tribal historic injustices that result in communities being aggressive and often leaving the poor to fight each other further marginalizing the vulnerable within societies.

Kenya and Zimbabwe were forced to form coalition governments as a result of disputed and violence riddled elections that saw thousands displaced or killed. The coalition governments were established to restore constitutionalism and democracy during the transitional period.

Kenya is pursuing international justice for the mass atrocities committed during the post-election violence of 2007-2008 while on the other hand Zimbabwe is yet to establish tribunals or mechanisms to bring recourse or punitive justice for those accused of committing politically motivated crimes. In Kenya, while widespread reform and constitutional changes offer a great opportunity and potential for critical and a unique democratization process for the country, gains remain fragile and depend in large part on citizen ownership and demands on the state.

In contrast, reform and constitutional transition in Zimbabwe has been bitterly slow, with neither political will nor people-strength to push through institutional change. Political leaders in Zimbabwe since the creation of unity government have quarreled on the timeline over which truth and reconciliation and the human rights commission should look into. The commission is still to be fully operationalized and can only deal with cases committed after February 2009 going forwards.

Despite these differences, both countries face the potential of further atrocities as elections, which have become defined as the trigger for violence rather than a process to entrench democracy loom on the horizon. Zimbabwe’s prospects of holding credible elections have been further weakened when Human Rights Commission chairman Reg Austin resigned citing lack of crucial funding and human resources for the commission to fully implement its mandate.

Last week local civil society organisations and artists had a chance to discuss with a delegation from Kenya to share their experiences on the transitions in the two countries and share lessons as the two countries head for elections. The exchange programme was organized by Fahamu, a Pan-African organisation supporting and working collaboratively with social movements over the long term.

According to Fahamu Programmes manager, Yves Niyiragira, transitional justice mechanisms, developed out of the context of post-World War II Europe, are based on the framework of punitive and precedent setting justice with the intention of ending a culture of impunity at the ‘highest levels’ and serving as a warning for further complicity in similar crimes. ‘However, these mechanisms tend to be removed from the communities in which the atrocities are committed, are time bound to address often the commission of atrocities rather than the historic and root causes of community violence, leave little space, in isolation, for reconciliation, healing and ownership of the justice process by the survivors themselves’, he said.

Mary Moyandi, a history lecturer at the University of Nairobi said exclusion of the poor Kenyans has remained as a major problem in the country and the land issue has been the thorniest source of their problems. She further said ‘The land issue ignites all other problems and there has been the distribution of land which the government brought to people we don’t even know. We pray that on March 4 we do not have a repeat of 2007- 2008. Our constitution is our best sword. It will help us in moving a step further. In Kenya right now we can confidently say that there will be no problems. The security forces were put right where they belong in the barracks. They are not involved in politics and we will hold an election that will not be marred by violence.’

Zimbabwe delegation bemoaned chances that their elections would not be free and fair following the militarization of the process and police openly campaigning for Zanu PF. ‘The problem in Zimbabwe is not exactly the constitution but the state institutions where you find a number of people with a military back ground sitting in a number of boards or being in Zimbabwe Electoral Commission senior staff. There is just militarization of a number of processes’, said one activist while Joy Mabenge of Institute for a Democratic Alternative for Zimbabwe (Idazim) said ‘military are holding levers of economic power in Zimbabwe’

Maina Muhia from Kenya said he sympathized with Zimbabweans especially the young people who are usually affected by the political tensions which usually do not create employment opportunities. Rights activists and one of the organizers of the exchange programme, Thomas Deve bemoaned the countrys’ national healing truth and reconciliation process arguing that nothing much has been done.