"Onslaught against human rights defenders in Zimbabwe in 2002"
The Observatory and Zimrights call on the French authorities
– to act in accordance with the european policy, in particular regarding resolutions of the European Parliament and decisions of the Council, which has renewed targeted sanctions towards the Zimbabwean authorities considering the lack of any progress in the field of human rights.
– to exercise the strongest political and diplomatic pressures against the authorities so as to garantee freedom of action for defenders and freedom of association.
Defenders of human rights have been one of the targets of the political violence that has marked Zimbabwe in 2002. This violence, caused by security forces and members of president’s Mugabe party, has reached its height during the March presidential elections which have been tainted by serious irregularities.To add to this situation a food shortage which, in December 2002, affected almost 6 million person (out of a population of 11,9 million). The lack of food is due to the dryness which affects the south of Africa but is also due to political factors among which the lack of democratic control on the food distribution and the extreme polarisation concerning the right to land and the distribution of lands.
Numerous defenders - NGO’s members, journalists defending democracy, trade unionists, or judges and sollicitors trying to exercise their profession with independence towards the power- have been this year arbitrarily arrested or sued. Those acts of reprisals have been followed by smear campaigns orchestrated by the authorities and relayed by the medias and have been reinforced by the adoption of restrictive legislations.
The authorities and pro-govermental newspapers have multiplied positions and articles denigrating NGOs: in March, three NGO have been accused in the newspaper The Chronicle of leading a campaign " demonizing Zimbabwe " and beeing " against Zimbabwe". In November, the Minister for Justice has released a list of NGOs, including Amani Trust and the Westinster Foundation for Democracy, presented as constituting a threat for national security and being financed by foreing funds, notably British.
Legislation on the Public Order and Security (POSA) and on the Access to Information and Protection of Privacy (AIPPA), adopted respectively in January and March, restrict in a drastic way fondamental liberties. For exemple, the POSA allows to sue authors of public declarations involving the intention or the risk to " denigrate or insult the authorities, including declarations open to generate a feeling of hostility towards the President". To add with, the authorities have released a note in September which reinforces the application of the law on associations (PVO act), imposing on all NGOs to register to the Labour Ministry and to the Public Service. NGOs which are not registered face penal sanctions. They must cease all activities including funds raising. This notice testifies the will of the authorities to control and neutralize the independent civil society.
Hindrance to the defender’s freedom of action and to freedom of association:
The Zimbabwe Congress of Trade Unions (ZCTU) is, since its creation in 1998, the target of an incessant onslaught. Its members are constantly threatened. During meetings, police forces deploy in numbers and disturb the agenda, as it was the case during the executive Council of the ZCTU in March, which could not take place. In December, several trade union leaders were arrested and released a few days later, the judge had refused to charge them in accordance with the POSA despite the request of the Public prosecutor.
NGOs have been denied their right to observe the elections during the presidential elections on the grounds of two laws: the first forbids NGOs and the civil society to form voters during the pre-electoral period and the second forbids NGOs to monitor the elections. The Minister of Justice nonetheless opened an accreditation list although very restrictive, rendering the system of observation ineffective. Numerous observators were arrested on the election day.
Lawyers and judges are particularly threatened and several of them are forced to resign. Sometimes, demonstrations are organized against magistrates. For exemple, in January, a member of ZANU-PF organized a demonstration against a magistrate of the Rusape Court after the latter had refused to release on bail supporters of the ZANU-PF party. In August two judges of Chipinge were seriously injured by supporters of the ZANU-PF. Allegedly, two police officers escorted these supporters and did not intervene to stop them. The president and the secretary of Lawyers for Human Rights were arrested in June on the grounds of fallacious informations.
Since 2000 Zimbabwe authorities have developed a neutralization strategy of all those who denounce violations and abuses commited by the goverment which are contrary to the principle of the Rule of Law. Thus, the authorities can openly violate freedoms of speach, association and demonstration guaranteed by the International Covenant on Civil and Political Rights, the International Labor Organization Convention 87 on the right to organize and the right to bargain collectively ratified by Zimbabwe in 1998, and also the United Nations Declaration on Human Rights Defenders adopted in 1998.
The Observatory for the protection of Human Rights Defenders and Zimrights urge to:
– Immediately put an end to any kind of harassment against all human rights defenders and guarantee freedom of expression and association
– Guarantee the independence of the judiciary
– Order impartial investigations into acts of violence perpetrated against human rights defenders in order to sanction those responsible
– Review legislation, in particular the provisions of the PVO act, the POSA and the AIPPA to put it in conformity with international human rights standards,
– Ratify the ILO 87 Convention on the right to organise
– Implement the principles stipulated in the NEPAD Declaration and adhere to the NEPAD African Peer Review mechanism
– Give a positive answer to the request made by the Special Representative of the UN Secretary General on Human Rights Defenders to visit the country.
The Observatory and Zimrights urge
– Member states of the UN Commission on Human Rights to adopt, at its 59th session a resolution condemning human rights violations perpetrated in Zimbabwe
– The African Commission on Human and Peoples’ Rights to give particular attention to the situation in Zimbabwe and adopt a resolution during its next session to be hold in May
– The African Union, the NEPAD and the Southern of West African Development Community to give particular attention to the situation of human rights in Zimbabwe and to adopt the necessary measures to put an end to the deterioration of this situation.