Observatory for the Protection of Human Rights Defenders Annual Report 2003 - Zimbabwe

The number of human rights violations has continued to rise since the 2002 presidential elections – a result of the increasingly restrictive policies of Mr. Robert Mugabe's regime. Repression aimed at human rights defenders, lawyers, journalists and trade unionists has also changed in nature, as noted by the August 2003 mission mandated by the Observatory.⁶⁹ Legal frameworks are not just being ignored; they are being turned into instruments that the government uses for its own purposes. Freedoms of speech, association and assembly are being threatened by the adoption of new and particularly restrictive legislations. The new bill on NGOs, expected to be adopted in the next few months, clearly illustrates this point. The justice system's increasing lack of independence, the corruption of judges and systematic hearing delays are all weakening the position of defenders, who fear they will soon be deprived of all judicial recources.

Adoption of restrictive legislation

The Public Order and Security Act – POSA

Since its adoption in January 2002, the law on public order and security has become one of the government's most effective means of repressing all forms of opposition and turning the legitimate exercise of basic freedoms into a crime.

Freedom of speech is the main target of this law, which in fact forbids any criticism of the President and his government. Article 16, for example, condemns any declaration that is "abusive, indecent, obscene or false (...), that may engender feelings of hostility towards, or causing hatred, contempt or ridicule" of the President. Article 15 also prohibits "publishing or communicating false statements prejudicial to the State", as well as declarations "adversely affecting the economic interests of Zimbabwe, or undermining public confidence in a law enforcement agency". Recourse to these dispositions-which in fact go against article 20 of the Zimbabwean Constitution-is facilitated by their particularly murky formulation. The POSA has been repeatedly invoked against journalists, trade unionists and human rights defenders.

This Act also constrains freedom of association and assembly. In addition to requiring the organisers of any public meeting to inform the local police of a meeting four days in advance (the police being allowed to cancel it altogether for the sake of "public order" – a provision systematically used against opposition parties and human rights defenders, though never on the ruling party meetings), article 19 also prohibits any act that "forcibly disturbs the peace, security or order of the public or any section of the public; or invades the rights of other people; [or intends] to cause such disturbance or invasion or realising that there is a risk or possibility that such disturbance or invasion may occur". The combination of the requirement to inform public venues and the vagueness of the provision amounts to an arbitrary and selective limitation of freedom of assembly.

The Access to Information and Protection of Privacy Act (AIPPA) and the Broadcasting Services Act (BSA)

The Act, passed in March 2002, and amended in 2003, in effect allows for the authorities to exercise close political supervision on all media operating in Zimbabwe. Sections 38-42 of AIPPA provide for the establishment of a Media and Information Commission (MIC), whose board is appointed by the Information minister, currently Jonathan Moyo. The MIC is responsible for the now mandatory registration of all media and journalists operating in Zimbabwe (section 66). This also holds true for foreign journalists. Since the licence granted by the MIC must be renewed each year, many journalists prefer to censor themselves rather than risk having their licenses revoked. An editor interviewed by the Observatory's mission leaders admitted to watering down his journalists' articles on a regular basis, in order to avoid having the newspaper closed down. Furthermore, under section 65 of the Act, the MIC can take action against any journalist who publishes information deemed to "threatens the interests of defence, public safety, public order, the economic interests of the State, public morality or public health". The AIPPA, by combining a particularly pernicious means of registration and strict limitations vis-à-vis news reported, restricts freedom of speech both directly and indirectly. This act has not only been used many times against journalists; it has also been invoked against human rights activists gathering data, and as such further hinders the population's access to information.

The Broadcasting Services Act (BSA), adopted in 2001, allows for close governmental control on the whole broadcasting sector. According to sections 6, 7, 11 and 15 of BSA, all broadcasting media is required to be licensed, and agreement rests in the hands of the Broadcasting Authority of Zimbabwe (BAZ), whose members are appointed by the minister of Information. Furthermore, section 24 of the BSA allows the minister to have a say in the contents of the broadcast programmes, and gives him the right to ban any broadcaster deemed to be a threat to national security.

Private Voluntary Organisations Act – PVO Act⁷⁰

The PVO Act, though enacted in 1967, had never been fully enforced. In a September 2002 notice, however, the government reasserted the provisions of the PVO Act, which, in its section 6, requires all private voluntary organisations (including NGOs) to register with the minister of Public Service, Labour and Social Welfare. In a speech to the Parliament in November 2002, the minister of Justice also declared that unregistered associations should immediately cease their activities, or face closings and arrests.

Of further concern for human rights defenders in Zimbabwe is the government's intention to adopt new legislation to replace the PVO Act with new legislation, to ensure Zimbabwean NGOs "are not infiltrated by foreign agents" according to a government official. The future law would give the government greater control over non-governmental organisations' activities by tightening conditions for their registration. The National Association of Non-Governmental Organisations (NANGO), a coalition of Zimbabwean NGOS, has already been consulted on the draft of the bill, but this consultation does not provide any governmental guarantee that the interests of NGOs will really be taken into account. There has also been concern within the NGO community that NANGO might not be as independent and representative as originally hoped.

Increasing attacks against human rights defenders

NGOs targeted

In July 2003, NGOs involved in food aid received new operational guidelines making it mandatory to go through state organs to distribute food. Amidst protests from the international community concerned about politicisation of food aid distribution, the government quickly retracted and officially declared that these new provisions should not be implemented. They have never been legally and officially annulled, however, and so could still be applied at any time. In 2003, many associations were in fact subjected to intense pressure to employ youth militias in their teams and to direct food aid to certain regions chosen by local authorities.

NGOs working to defend human rights, lawyers' associations and development organisations were also targeted in 2003:

In February 2003, Dr. Makumbe, an NGO activist, president of Transparency International-Zimbabwe and outspoken academic known for his criticism of the regime, was arrested along with Mr. Brian Kagoro and Mr. Brian Raftopolous, both members of the Crisis Coalition of Zimbabwe, at a peaceful demonstration organised by the church. The three men were charged under POSA for organising and attending an "illegal gathering". They were set the same day without charges.

On 14th February 2003, Mrs. Sheba Dube-Phiri, president of ZimRights and member of the Women of Zimbabwe Arise (WOZA), a NGO advocating recognition of women in Zimbabwe, was arrested along with 15 other women and 2 men following a demonstration organised by WOZA. All were released on 16th February without charges.

On 10th May 2003, 46 women – most of them WOZA members – were arrested after a demonstration organised to commemorate Mothers' Day in Bulawayo. They were first denied access to a lawyer during their detention and were released on 11th and 12th May, without having been informed of the reason for their arrest.

On 5th June 2003, Mrs. Dube-Phiri and Mrs. Jennifer Williams, also a WOZA member, went to the police station in Bulawayo to provide food for detainees who had not been given anything to eat for some days. They were escorted by their lawyers Mr. Ncube and Mr. Ndebele. The women and their lawyers were arrested upon arrival at the police station and the lawyers' licences were confiscated. The police insulted them, threatened to abduct and kill them and accused them of incitement to rebellion. Mrs. Williams and Mrs. Dube-Phiri, as well as Mr. Ncube and Mr. Ndebele, were released the same day without charges.

Mrs. Williams was arrested again on 24th July along with 47 other women following a peaceful demonstration organised in Bulawayo. She was also brought in for questioning on 18th November. In both cases the police freed her the same day without bringing any charges against her.

On 6th June 2003, in the Bindura region, members of President Mugabe's Zimbabwe African National Union-Patriotic Front (ZANU-PF) abducted and tortured a group of employees of the Zimbabwe

Civic Education Trust (ZIMCET). The ZANU-PF members then handed them over to the Bindura police station, where they were held until 9th June without being informed of the charges brought against them. However two ZIMCET members were accused of having organised a public meeting without prior authorisation on the basis of article 24 of the Public Order and Security Act.

The National Constitutional Assembly (NCA), a coalition of Zimbabwean NGOs created in 1996, has been under considerable pressure from authorities since it played an active role in the 2000 constitutional referendum that led to the rejection of President Robert Mugabe's proposal to revise the Constitution.

Early 2003, the president of the NCA, Mr. Lovemore Madhuku, was arrested along with several other association representatives. They were all accused of trying to overthrow the government and detained for 24 hours at the Harare police station where they were insulted, threatened and ill-treated. They were released without having had access to a lawyer, and without being informed of the charges against them. At the end of August 2003, the president of the Maronga section of the NCA was arrested under similar circumstances.

On 22nd October 2003, while peacefully demonstrating in Harare, 400 activists including NCA president Mr. Lovemore Madhuku,⁷¹ were beaten and then arrested by the police.⁷² The demonstrators were calling for a reform of the 1978 Constitution, which was drawn up before Zimbabwe's independence, and greater democracy. They were placed in detention and denied access to their lawyers, who were violently manhandled when they appeared at the police station. Most of the demonstrators were released the next day, after paying Z$ 5 000 in bail. Dr. Madhuku, who refused to pay the deposit fine, was retained and accused of having infringed upon article 24 of the POSA ("illegal assembly without prior authorisation from authorities"). He was released provisionally on 24th October after an immediate court appearance, and his case was re-examined the following week. The court refused to place him on further remand and in the end found him innocent of all charges.

Last but not least, all meetings organised by the NCA that are not prohibited on the basis of the POSA are closely watched and disrupted. One example of such treatment was the meeting held in mid-August 2003 in Hwange in Matabeleland province. The NCA further reports frequent police raids in their main office in Harare (usually right before a meeting, or immediately following it), seizing many working documents.

Lawyers and magistrates

Many human rights defenders denounce the lack of independence of government-appointed judges, who invariably rule in keeping with government orders. Many cases of corruption have been reported – the ruling party, for instance, has granted land and farms to some of the Supreme Court judges.

Conversely, the government has also systematically transferred and/or demoted judges perceived to having issued rulings too favourable to the opposition or to civil society. Judge Gorwe, for example, was transferred after having refused to release several ZANU-PF supporters on bail. The pressure on magistrates has reached such heights that it forced the former Chief Justice Mr. Gabbay to retire, as the government publicly said it could no longer guarantee his protection and security. Between 2001 and 2002, 6 Supreme Court and High Court judges were pressed to resign under similar circumstances and were replaced by pro-governmental magistrates, thus paralysing the country's highest judicial bodies.

In addition, court sessions involving human rights defenders or land distribution are regularly disrupted by ruling party supporters and youth militias.

On 17th January 2003, Mr. Gabriel Shumba, a lawyer working for the Zimbabwe Human Rights Forum, and his client Mr. Job Sikhala, member of the Chitungwiza Parliament and member of the Movement for Democratic Change (MDC), were arrested along with other MDC members. They were denied access to a lawyer, and were severely tortured by state agents, whose ill-treatments included forcing them to drink urine. All were freed on 19th January in precarious health. Despite medical reports filed after their release, the police officers responsible for these acts of torture were not charged. Most of the victims required post-trauma medical treatment in South Africa. Mr. Shumba, who now lives in exile, continues to receive threats.

On 17th February 2003, Mr. Justice Benjamin Paradza, a Harare High Court judge, was arrested at his office. He was detained at the Borrowdale police station and accused of "corruption" but no judicial basis for the charge was noted. His arrest came after a ruling of his in favour of the capital's mayor and MDC member Mr. Mudzuri. On 16th September 2003, the Supreme Court declared that Mr. Paradza's arrest, detention and custody were unconstitutional, and therefore rejected the charges brought against him.

On 8th April 2003, State prosecutor Mr. Chikafu was violently accosted by a group of independence war veterans, who criticised him for having provisionally released several MDC supporters who had been arrested a few weeks earlier.

On 2nd June 2003, Mr. Chidawanyika and Mr. Kufaruwenga, both lawyers and human rights activists, went to the central police station in Gweru, in the interior of the country, to defend clients. Police there insulted and ill-treated them, and prevented them from meeting with their clients. On 15th August 2003, in Victoria Falls in north western Zimbabwe, Mr. Dube, another lawyer, was attacked under similar circumstances by policemen based at the Victoria Falls army camp.

On 16th August 2003, Mr. Walter Chikwanha, magistrate of Chipinge court, and Mr. Khumalo, court president, were attacked by a group of independence war veterans in front of the court's premises, following a ruling against the government. Armed with sticks and brass knuckles, the assailants violently beat the two magistrates and four court employees. Police were present at that time but did not intervene.

The veterans, escorted by two armed policemen, then brought Mr. Chikwanha to the National Security offices next to court offices and forced him to sing ZANU-PF slogans in public before releasing him.

The ministry of Justice refused to officially condemn this attack and transferred Mr. Chikwanha to the Mutare court in August 2003.

The prominent human rights lawyer Mrs. Béatrice Mtetwa was the victim of another attack on 12th October 2003.⁷³ When she saw a group of men in the street attempting to steal her car, Mrs. Mtetwa called the Borrowdale police station. But instead of chasing the thieves, the police attacked Mrs. Mtetwa, kicking and hitting her on her face and her body. Mrs. Mtetwa filed a complaint on 16th October.

Pressure on mass media and journalists

On 7th April 2003, Mr. Frank Chikoklore, a SW Radio Africa correspondent, who had filed several stories on the stay-aways, was arrested while on the bus; he was taken to Kutama police station, where he was accused of "wanting to overthrow the government". He got strip-naked, severely beaten for several hours. He was released the following day with no charges. He twice went to the police (in Norton first, then in Harare) to complain, but both times the police refused to file a case.

On 18th March 2003, Mrs. Gugulethu Moyo, legal adviser for the Associated Newspapers of Zimbabwe (ANZ), an organisation created under the direction of the Daily News, went to the Glen View police station to apply for the release of Mr. Philemon Bulawayo, photographer for the Daily News. Mr. Bulawayo had been arrested that same day while covering an opposition-organised demonstration called for by the MDC. Mrs. Moyo was mistreated and arrested upon arrival at the police station. Both were detained for two days and then released without charges.

On 30th June 2003, the ANZ chief executive officer Mr. Sam Nkomo, the Daily News's publishers, the paper's commercial director Mr. Moreblessing Mpofu, its editor Mr. Nqobile Nyathi, as well as Mrs. Gugulethu Moyo, were accused of infringing on the POSA. In May 2003 the Daily News had published MDC announcements calling for a massive protest movement at the beginning of June. When these adverts were published, Mr. Nkomo and Mr. Mpofu were charged under section 16 of POSA of "denigrating the government". They were made to sign warned and cautioned statements before being released. Also on the basis of article 16, Mr. Nyathi was accused of "offending the president" following the 26th June publication of another article.

Mrs. Moyo, who served as Mr. Nkommo's and Mr. Mpofu's lawyer in this case, was accused of "inciting people in the Glen View and Budiriro suburbs to rebel" on the basis of article 19. These accusations were made following her arrest in Glen View in March, when she was released without charges. The police first denied Mrs. Moyo access to a lawyer, pointing out that she could defend herself since she is a lawyer. She could in the end be represented by another ANZ lawyer, Ms. Kay

Ncube. Mrs. Moyo was released after signing the statement.

On 12th September 2003, the Supreme Court ruled that The Daily News was operating illegally because it had not been registered with the MIC. Its offices were then hastily closed. The Daily News appealed this decision, and on 24th October, Judge Majuru ordered the MIC to register the paper and its parent company, the ANZ.

On 25th October The Daily News came out with a limited edition of the newspaper to announce the Court's decision. The editorial staff's premises were immediately closed down and four ANZ directors charged with "publication without prior authorisation" based on the AIPPA. The police claimed that the Court's decision did not constitute a legal authorisation to operate and as such did not lift the newspaper's suspension. The four men were provisionally released, and the next hearing is set for 6th February 2004.

The Media and Information Commission lodged an appeal to the Supreme Court's decision of 24th October. The verdict rendered by Mr. Nare on 19th December upheld Mr. Majuru's decision and ruled that The Daily News should be authorised to resume publishing. Mr. Nare's judgment also strongly suggested that the MIC abuses court process to buy time and frustrate ANZ's remedy as well as freedom of expression. Mr. Nare and his family were repeatedly threatened during the case and on the day the verdict was pronounced, Mr. Nare was subjected to a vast smear campaign relayed by pro-governmental media, in particular The Herald.

The police ignored the Court's ruling and kept the newspaper closed down.

The AIPPA was also used against foreign journalists. In early 2003, The Guardian correspondent Mr. Andrew Meldrum, was tried for "publishing a falsehood", a criminal charge carrying a jail term of two years. The court ruled in his favour, acquitting him of the charges and allowing him to stay in the country, but he was illegally abducted and expelled from the country in May. His wife, Dolores Cortez Meldrum, a permanent resident of Zimbabwe, was illegally deported on 23rd June.

Pressure on trade unionists

Authorities systematically cracked down on trade unions this year, in particular on the Zimbabwe Congress of Trade Unions (ZCTU). Given the increasing risk of arrest or injury to its members during large-scale actions, the ZCTU was forced to reduce its activities in 2003. Observers on field noted many violations to the freedoms of association and assembly. Restrictions were reported in particular by the International Labour Organisation (ILO), which quoted the case of Zimbabwe in June 2003 in a declaration on the Organisation's Convention n° 98 concerning the right to organise and bargain collectively.

Along with the POSA, authorities also made use of the Labour Relations Amendment Act (LRAA) adopted in March 2003. The LRAA greatly restricts trade unions' freedom to organise demonstrations and strikes. The government also gained better internal control of the country's largest companies by purchasing large blocks of shares, and was thus able to set up new and closely-monitored in-house trade unions. This is the case, in particular, at Galiba caterpillars company and the Aroma clothing manufacturing plant.

In April 2003, 20 trade unionists were arrested and released on bail after paying Z$ 7 million.

On 2nd June 2003, a local Masvingo ZCTU leader was called into the Masvingo central police station. He was arrested the next day, bullied and severely beaten before being released provisionally.

On 8th and 9th October 2003, more than 165 officials and members of the ZCTU were arrested in different cities of Zimbabwe, including general secretary Wellington Chibebe, president Lovemore Matombo, and the trade union's vice president Lucia Matibenga, while peacefully demonstrating to protest over high levels of taxation, high cost of living, shortage of cash and the gross violation of human and trade union rights. They were later released without charges.

On 18th November 2003, Mr. Peter Munyuwi and Mr. David Shambare, both ZCTU members, were arrested and severely beaten. Mr. Shambare had received threats after organising protests against the Zimbabwe rail company. Both men were released without any charges having been brought against them.

[Refworld note: This report as posted on the FIDH website (www.fidh.org) was in pdf format with country chapters run together by region. Footnote numbers have been retained here, so do not necessarily begin at 1.]

69. See joint report by Observatory and ZimRights published in February 2003 and presented at the U.N. Commission on Human Rights, Onslaught Against Human Rights Defenders.

70. See Annual Report 2002.

71. See Urgent Appeal ZIM 001/1003/055.

72. Idem.

73. See Annual Report 2002.