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:
The Observatory has been informed by the Zimbabwe Human Rights
Association (ZimRights) of new acts of repression against ZimRights
members during the past week.
According to the information received, Ms. Sheba Phiri, ZimRights’
Deputy National Chairperson, was arbitrarily arrested by plain
clothes police on April 28, 2004, and detained at Bulawayo Central
Police station. Police ransacked and searched every room of Ms.
Phiri’s apartment without a search warrant. The police took away
reports, files and documents concerning ZimRights’ activities. Ms.
Phiri is also an active member of Amnesty International and the
National Constitutional Assembly (NCA), a collective of independent
NGOs dedicated to the promotion of democracy and the rule of law in
Zimbabwe. Documents related to the work of these organizations were
also confiscated.
Ms. Phiri was arrested together with Mr. Felix Mafa (a member of Post-
Independence Survivors Trust (PIST), an NGO that provides assistance
to the victims of the "Gukurahundi" massacres of the early 1980s in
Matabeleland and the Midlands provinces), Mr. Goden Moyo (an NCA
member), Mr. Reggie Moyo (a member of Bulawayo Agenda, a pro-
democracy Group in Bulawoyo), and two other persons.
All were detained and interrogated, and then released two hours
later. The police informed the detainees that they could be summoned
in the future.
Moreover, ZimRights Regional Officer in Masvingo, Ms Mabel Sikhosana,
was arrested on April 27, 2004, and temporarily detained by Masvingo
Police Officers for allegedly organizing a meeting without informing
responsible authorities. However, according to the information
received, Ms Mabel has not organised any meeting.
The Observatory fears that these events are linked to the peaceful
march in favour of democracy and constitutional reform that took
place in Harare on April 28. Reportedly, Zimbabwean authorities often
arrest and detain people whom they suspect will take part in peaceful
demonstrations. During the April 28 march, NCA activists were
attacked by the Zimbabwe Republic Police with baton sticks and riot
gear. On the same day, 27 NCA activists from Mutare, who were on
their way to the march, were - briefly detained on a Harare bound
commuter train, interrogated and later released. No charges were
brought against them.
In a separate incident on April 23, 2004, the house of Mr Arnold
Tsunga, ZimRights National Chairman and Director of Zimbabwe Lawyers
for Human Rights (ZLHR), was broken into and computer diskettes and
publications concerning ZimRights were stolen. However, no other
valuables were stolen. Mr. Tsunga lodged a complaint with the local
police in Harare and was told that an investigation would be opened.
According to ZimRights, between January and April 2004, the ZimRights
legal department received over 275 reports concerning acts of
intimidation against opposition supporters, human rights defenders
and activists at the hands of police, youths and militia groups that
have been established in communities around the country to repress
dissent.
The Observatory is deeply concerned over the persistence of such acts
of repression against human rights defenders and civil society in
Zimbabwe (see 2003 Observatory Annual Report, Observatory Evaluation
Report "2003: Systematic repression of human rights defenders in
Zimbabwe", February 2004 and joint Observatory/ZimRights Report
"Onslaught Against Human Rights Defenders", February 2003).
The Observatory notes that these acts of repression are in total
disregard of the Declaration on Human Rights Defenders adopted by the
UN General Assembly on December 9, 1998, in particular Article 5a
which states that "[f]or the purpose of promoting and protecting
human rights and fundamental freedoms, everyone has the right,
individually and in association with others, at the national and
international levels (...) [t]o meet or assemble peacefully", as well
as article 12.2 which provides that "[t]he 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 present Declaration".
Actions requested:
Please write to the authorities of Zimbabwe urging them to:
i. end all forms of repression against ZimRights activists and all
human rights defenders in Zimbabwe;
ii. guarantee in all circumstances that human rights defenders and
organisations are able to carry out their human rights work,
including to demonstrate peacefully;
iii. ensure an impartial and independent investigation into the
search of Mr. Arnold Tsunga’s house, identify those responsible,
bring them before a civil, competent and
impartial tribunal and apply the penal and/or administrative
sanctions provided by law;
iv. ensure the implementation of the provisions on the Declaration on
Human Rights Defenders adopted by the UN general Assembly on December
9, 1998, in
particular article 1 which states that "[e]very person has the right,
individually or collectively, to promote the protection and
fulfilment of human rights and fundamental
liberties at the national and international level", as well as
articles 5a and 12.2 mentioned above;
v. guarantee the respect of human rights and fundamental freedoms in
accordance with the Universal Declaration on Human Rights and other
international instruments
ratified by Zimbabwe.
Addresses :
The Honourable 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
The Hon Patrick Chinamasa, Minister of Justice, Legal and
Parliamentary Affairs, Ministry of Justice, Legal and Parliamentary
Affairs, 5th Floor Corner House, Private Bag
7751, Causeway, Harare, Zimbabwe, Fax: + 263 4 790901 / 772999
The Hon Andrew Chigovera, Attorney-General, Office of the Attorney-
General, PO Box 7714, Causeway, Harare, Zimbabwe, Fax: + 263 4 790
901
Police Commissioner, Mr. Augustine Chihuri, Police Headquarters, P.O
Box 8807, Causeway, Harare, Zimbabwe Fax:+ 263 4 726 084/ 235 212/
728 768
Ambassadeur, Chipazowa, Chitsaka, Permanent Mission of the Republic
of Zimbabwe, Ch. William Barbey 27, CH-1292, Chambésy, Switzerland, e-
mail:
mission.zimbabwe@ties.itu.int, fax: + 41 22 758 30 44
Kindly inform the Observatory of any action undertaken quoting the
code number of this appeal in your reply.
The Observatory, an 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:
Tel and fax: FIDH : +33 (0) 1 43 55 20 11 / 43 55 18 80
Tel and fax OMCT : + 41 22 809 49 39 / 809 49 29
E-mail : observatoire@iprolink.ch