Arbitrary detentions / Ill-treatment / Fear for safety / Judicial proceedings - ZWE 004 / 1105 / OBS 108

14/11/2005
Urgent Appeal

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

Brief description of the situation:

The Observatory has been informed by the International Confederation of Free Trade Unions (ICFTU) and Zimbabwe Lawyers for Human Rights (ZLHR) about the arbitrary detention of several trade unionists while demonstrating against deepening hunger and poverty among the country.

According to the information received, on November 8, 2005, the Zimbabwe Congress of Trade Unions (ZCTU) called for peaceful demonstrations in the major cities and town of Harare, Bulawayo, Gweru, Mutare, Masvingo and Chinhoyi. The demonstrations were aimed at raising awareness on the plight of the workers, unprecedented levels of poverty in the country, economic meltdown, good governance and democracy issues, and the erosion of fundamental rights and freedoms in the country. The anti-poverty march in the capital Harare began at the corner of Nelson Mandela and Leopold Takawira streets on the western edge of the city centre. Within 10 minutes, scores of well-equipped riot police moved in and ended the march. 119 trade unionists were arrested for protesting against poverty, hunger, unemployment, high inflation and high transportation costs, including Mr. Lovemore Matombo, ZCTU President, and Mr. Wellington Chibebe, ZCTU General Secretary, who were arrested in the city centre while walking to the point where the march started. Fifty other trade unionists were arrested around the rest of the country, including 25 in Mutare.

The prisoners were first detained at the Harare Central Police Station, where three lawyers from ZLHR were not authorised to gain access to them.

During the night to November 8 to 9, at midnight, all the prisoners were transferred to Chitunwiza, twenty-five kilometres outside of Harare, where they were detained in crowded cells and without water supplies. Amongst those still imprisoned were 20 people living with HIV/AIDS and who were denied access to medication, as well as five women with babies. Some prisoners, including Mr. Wellington Chibebe, were reportedly ill-treated whilst in detention.

On November 9, 2005, the investigating officers arrived at the Chitungwiza Police Station around 10.00 am in order to start interrogation of the prisoners. Mr. Matombo and Mr. Chibebe were interviewed separately. Of grave concern was the presence of individuals who had been identified as members of the Central Intelligence Organisation (CIO). Although ZLHR lawyers were given an opportunity to consult with their clients before the interrogation, they were barred from being present during the interrogations.

At 1 pm, the 119 defenders were informed that they were being charged with contravening section 19(1) (b) of the Public Order and Security Act (POSA), which states that "any person who, acting together with one or more other persons present with him in any place or at any meeting performs any action, utters any words or distributes or displays any writing, sign or other visible representation that is obscene, threatening, abusive or insulting, intending thereby to provoke a breach of the peace or realising that there is a risk or possibility that a breach of the peace may be provoked shall be guilty of an offence".

Four other ZCTU officials were also reported to have been arrested on the same day by soldiers at a roadblock in central Harare shortly before 1 pm: Mr. Mlamleli Sibanda, ZCTU Spokesman, Mr. Last Tarabuku, Senior Journalist at The Worker, ZCTU monthly publication, Ms. Thabitha Khumalo, Secretary for women’s advisory council, and Mr. Leonard Gwenzi, Head of the Organising Department. The four were allegedly arrested for taking photos of an army truck which was patrolling the streets ahead of the protests. They were all released later in the evening, after deleting some photos, when the army handed them over to the Police. They had to leave their professional numbers behind..

Furthermore, although local unions had notified police of all marches, as required by law, two ZCTU officials in Bulawayo, Mr. Reason Ngwenya, regional union official, and Mr. Dzavamwe Shambari, regional vice-chairman, were arrested on November 7, 2005, at night, and Mr. Percy Mcijo, regional officer, was arrested in the morning on November 8.

Finally, on November 9, 2005, four members of the Students’ Executive Council (SEC), Mr. Garikai Kajauro, Secretary General, Mr. Colleen Chibango, Vice-President, Mr. Mfundo Mlilo, Information and Publicity Secretary and Mr. Wellington Mahohoma, Legal Secretary, along with two other student leaders, were arrested by the police and taken to St Mary’s Police Station. The students were alleged to have mobilised the students’ community to participate in the demonstration which was organised by ZCTU. On October 19, 2005, Messrs. Kajauro, Chibango, Mlilo, and Mahohoma had been suspended from the University of Zimbabwe, following a demonstration on the campus protesting against a unilateral decision by the University to compel all students to pay ZWD $150 000 for the repair of University ablution facilities.

The Observatory expresses its grave concern for the infringements of the right to defend workers rights in Zimbabwe and urges the Zimbabwean authorities to release immediately and unconditionally all persons detained.


Actions requested:

Please write to the Zimbabwean authorities and ask them to:

i. take all necessary measures to guarantee the physical and psychological integrity of Mr. Lovemore Matombo, Mr. Wellington Chibebe, Mr. Mlamleli Sibanda, Mr. Last Tarabuku, Ms. Thabitha Khumalo, Mr. Leonard Gwenzi, Mr. Reason Ngwenya, Mr. Dzavamwe Shambari, Mr. Percy Mcijo, Mr. Garikai Kajauro, Mr. Colleen Chibango, Mr. Mfundo Mlilo, and Mr. Wellington Mahohoma, as well as all persons detained during the demonstration and all human rights defenders in Zimbabwe;

ii. order their immediate and unconditional release, and ensure that they will be brought before an impartial tribunal, so that the charges against them be dropped, their detention and prosecution being arbitrary;

iii. end all forms of harassment and ill-treatment of human rights defenders in Zimbabwe, and guarantee in all circumstances that human rights defenders and organisations are able to carry out their work without any hindrance;

iv. comply with the provisions of the Declaration on Human Rights Defenders adopted by the UN General Assembly on December 9, 1998, in particular article 1, which states that "everyone has the right, individually or collectively, to promote the protection and fulfilment of human rights and fundamental freedoms at the national and international levels", and article 12.2, which states 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 present Declaration";

v. guarantee the respect of human rights and fundamental freedoms in accordance with the Universal Declaration on Human Rights and other international human rights 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

 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

 Mr. Augustine Chihuri, Police Commissioner, Police Headquarters, P.O. Box 8807, Causeway, Harare, Zimbabwe, Fax : +263 4 253 212 / 728 768 / 726 084

 Mr. Sobuza Gula Ndebele, 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

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

***

Geneva - Paris, November 10, 2005

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: observatoire@iprolink.ch

Tel and fax FIDH: 33 1 43 55 55 05 / 01 43 55 18 80
Tel and fax OMCT: + 41 (0) 22 809 49 39 / 41 22 809 49 29

Read more