Acts of harassment against the NCA and its members - ZWE 005 / 0608 / OBS 101

13/06/2008
Urgent Appeal

The Observatory has been informed by reliable sources about acts of harassment against the National Constitutional Assembly (NCA) and its members by members of the Zimbabwe African National Union - Patriotic Front (ZANU-PF), in Matebeleland, Masvingo, Guruve, Epworth, and Mashonland East.

The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), requests your urgent intervention in the following situation in Zimbabwe.

Description of the situation:

According to the information received, on June 11, 2008, uniformed members of the Zimbabwe Republic Police forced the NCA Matebeleland South office to close on the grounds that NGOs must not be operating as decided by a recent directive of the Government. The day before, ZANU-PF militias had already ordered the closure of the NCA office in Masvingo. On June 6, 2008, the windows of the premises had been shuttered.

The Observatory was also informed that several NGOs are presently considering closing offices following threatening visits, among them the Zimbabwe Human Rights Association (Zimrights), the Zimbabwe Civic Education Trust (ZimCET), the National Association of Non Government Associations (NANGO), Bulawyo Agenda and Gweru Agenda.

In addition, on June 8, 2008, the police arrested the NCA Chairperson for Guruve Constituency, Mr. Biggie Bangira, without grounds. As of issuing this urgent appeal, Mr. Bangira remained detained.
On the same day, the home of the NCA Information Secretary in Epworth, Mr. Musa Mabika, was torched by ZANU-PF militia. His wife and sister were severely beaten and are currently recovering in a hospital.

Moreover, in recent days, Mr. Leon Chiimba, the NCA Mashonaland East Chairperson, received death threats from ZANU-PF militias and was forced to flee his home.

The Observatory expresses its deep concern about the above-mentioned acts of harassment against the NCA and its members, in a context of increasing repression against all persons who have been involved in the human rights monitoring of the March 2008 election process.

The Observatory further recalls that according to Article 1 of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, "everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels" and that Article 5 provides that "everyone has the right, individually and in association with others, at the national and international levels [...] to form, join and participate in non-governmental organizations, associations or groups".

Actions required:

Please write to the authorities of Zimbabwe urging them to:

i. Guarantee in all circumstances the physical and psychological integrity of Messrs. Biggie Bangira, Musa Makiba, Leon Chiimba and all NCA members as well as of all human rights defenders in Zimbabwe;

ii. Release Mr. Biggie Bangira immediately and unconditionally as his detention is arbitrary since it only aims at hindering his human rights activities;

iii. Conduct a fair and impartial investigation into the above-mentioned events in order to identify all those responsible, bring them before a competent and impartial tribunal and apply to them the penal, civil and/or administrative sanctions provided by the law;

iv. Repeal the governmental directive hindering the activities of NGOs;

v. Guarantee in all circumstances that NCA and all human rights defenders in Zimbabwe be able to carry out their work without any hindrance;

vi. Put an end to all kinds of harassment against all human rights defenders in Zimbabwe;

vii. Conform with the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, especially its Article 1 and Article 5 mentioned above and article 12.2, which provides that "the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the [...] Declaration";

viii. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by Zimbabwe.

Addresses :

 President of Zimbabwe, Mr. Robert G. Mugabe, Office of the President, Private Bag 7700, Causeway, Harare, Zimbabwe, Fax : +263 4 708 211 / + 263.4.70.38.58
 Mr. Khembo Mohadi, Minister of Home Affairs, Ministry of Home Affairs, 11th Floor Mukwati Building, Private Bag 7703, Causeway, Harare, Zimbabwe, Fax : +263 4 726 716
 Mr. Patrick Chinamasa, Minister of Justice, Legal and Parliamentary Affairs, Ministry of Justice, Legal and Parliamentary Affairs, Fax: + 263 4 77 29 99 / +263 4 252 155
 Mr. Augustine Chihuri, Commissioner General, Police Headquarters, P.O. Box 8807, Causeway, Harare, Zimbabwe, Fax : +263 4 253 212 / 728 768 / 726 084
 Mr. Justice Bharat Patel, Attorney-General, Office of the Attorney, PO Box 7714, Causeway, Harare, Zimbabwe, Fax: + 263 4 77 32 47
 Mrs. Chanetsa, Office of the Ombudsman Fax: + 263 4 70 41 19
 Ambassador Mr. Chitsaka Chipaziwa, Permanent Mission of Zimbabwe to the United Nations in Geneva, Chemin William Barbey 27, 1292 Chambésy, Switzerland, Fax: + 41 22 758 30 44, Email: mission.zimbabwe@ties.itu.net
 Ambassador Mr. Pununjwe, Embassy of Zimbabwe in Brussels, 11 SQ Josephine Charlotte, 1200 Woluwe-Saint-Lambert, Belgium, Fax: + 32 2 762 96 05 / + 32 2 775 65 10, Email: zimbrussels@skynet.be

Please also write to the embassies of Zimbabwe in your respective country.

***

Geneva - Paris, June 13, 2008

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

The Observatory, a FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need.

The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.

To contact the Observatory, call the emergency line:

Email : Appeals@fidh-omct.org

Tel et fax FIDH : + 33 1 43 55 55 05 / 33 1 43 55 18 80
Tel et fax OMCT : +41 22 809 49 39 / 41 22 809 49 29

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