ZWE 002 / 0805 / OBS 068
Arbitrary arrests / Releases on bail /
Judicial proceedings
Brief description:
The Observatory has been informed by reliable sources about the arbitrary arrest of two human rights defenders during a demonstration in favour of constitutional reforms.
According to the information received, on August 4, 2005, the National Constitutional Assembly (NCA), a grouping of independent NGOs dedicated to the promotion of democracy and the rule of law in Zimbabwe, decided to spontaneously organise a demonstration in Harare in favour of a new constitution.
The police then called in a riot squad in order to foil the public protest, which arrested Mr. Lovemore Madhuku, NCA Chairman, along with Mr. Bright Chibvuri, a journalist at The Worker, a newspaper published by the country’s biggest labour movement, the Zimbabwe Congress of Trade Unions (ZCTU).
Mr. Madhuku and the other marchers planned to stage a demonstration outside the Harare International Conference Centre, where the Parliamentary Committee on Legal Affairs was holding a consultative public meeting on planned amendments to Zimbabwe’s Constitution. The planned amendments include barring individuals whose land has been seized from making a court challenge except on the amount of compensation, and also seek to re-establish a lower house of parliament to be known as the Senate and to impose of travel restrictions on Zimbabweans who are suspected of "engaging in terrorist training abroad".
Mr. Lovemore Madhuku and Mr. Bright Chibvuri were charged under section 19 of the Public Order and Security Act (POSA) (gatherings conducting to riot, disorder or intolerance), according to which they might be condemned to a fine not exceeding fifty thousand dollars or to imprisonment for a period not exceeding ten years or to both such fine and such imprisonment.
On August 5, 2005, both men were released on bail of Z$ 250,000. Their trial date has not been set yet.
The Observatory recalls that this is not the first time that Mr. Lovemore Madhuku is subjected to acts of harassment and intimidation due to his activities in favour of constitutional reforms. Thus, in 2004, Mr. Lovemore Madhuku was arrested twice in February, and again in May and September 2004 (See Observatory Annual Report 2004). The Observatory also recalls that freedom of demonstration is regularly violated in Zimbabwe.
The Observatory is deeply concerned about these events, which blatantly violate the provisions of the Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, in particular its article 5.a, which states that "for the purpose of promoting and protecting human rights and fundamental freedoms, everyone has the right, individually or in association with others, to meet or assemble peacefully".
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 Madhuku, Mr. Bright Chibvuri, and all human rights defenders in Zimbabwe;
ii. ensure the unconditional release of Mr. Lovemore Madhuku and Mr. Bright Chibvuri, and that they be granted a fair and impartial trial so that the charges against them be dropped, as they are 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", above-mentioned article 5.a, 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. Augustine Chihuri, Police Prefect, Police Headquarters, P.O. Box 8807, Causeway, Harare, Zimbabwe, Fax : +263 4 253 212
– 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.
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Geneva - Paris, August 12, 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 (0) 1 43 55 20 11 / 01 43 55 18 80
Tel and fax OMCT: + 41 (0) 22 809 49 39 / 41 22 809 49 29