Zimbabwe Human Rights NGO Forum Human Rights & National Institutions Report

September 2012 – December 2012 his report, the second of 2012, Constitutional Conference. There was a collective covers the period from September to sigh of relief as the event passed off peacefully. Executive December 2012 and draws from our Soon afterwards, the waiting game and delaying members and partners listed at the tactics began again. There was no agreement about summary back. As such it includes all the major how the comments from the Conference would Tevents of the period as they unfolded in the sec- be incorporated into the final document nor who ond half of the year. These events are presented would finalise the document, or when it would in a thematically organised timeline which is finally be put to the people in a referendum. With divided under human rights themes equating to 2012 drawing to a close there is still no finalisation civil and political rights and to economic, social in constitution making process and the process and cultural rights. continues deadlocked and delayed. The 15th September 2012 marked the This report documents the continuing 4th anniversary of the signing of the Global harassment of civil society and political activists Political Agreement. Zimbabwean civil society that characterised the period. The operating organisations reflected on the faltering progress environment for NGO’s continued to be very and poor implementation of the articles agreed challenging. Police arrested and ill treated peaceful upon by the Political Principles to the Global protesters, especially the Women of Zimbabwe Political Agreement. In a faltering process that has Arise activists. Other organisations that faced been more off than on, the population waited with raids and arrests included The Gays and Lesbians baited breath for the new constitution promised of Zimbabwe, the Counselling Services Unit and by the political settlement which ushered in many other civil society organisations offering the inclusive government. Four years after the vital services to vulnerable Zimbabweans. Human inception of the new political dispensation, Rights lawyers were hampered at every turn as Zimbabweans began to grow weary of waiting. they tried to carry out their professional duties Following a ZANU PF Politburo meeting in August and protect Human Rights Defenders. Meanwhile, 2012, the Party began to lobby for 166 ‘non- the population at large suffered endless miseries negotiable’ amendments to the draft constitution. and health challenges due to an appalling level of Key demands were around issues including service delivery and water borne diseases such the executive powers of the President, the as typhoid, cholera and dysentery which were establishment of a National Youth Militia Service, persistently reported throughout the period. As and non acceptance of dual citizenship amongst the Kimberly Process lifted its restrictions on sales a raft of other demands. Renewed hope came of diamonds from the Marange diamond fields in October 2012 when the draft constitution and the Finance Minister had to revise the budget was finally taken to a Second All Stakeholders’ dramatically downwards, many continued to call

Human Rights & National Institutions 2 for transparency in the use of diamond revenue a number of important issues to be dealt with other words whilst Zimbabwean civil society is and asked why the enormous mineral wealth first. These include resourcing the Zimbabwe absolutely committed to ratification, that long could not benefit the nation and help to educate, Electoral Commission, revision of the outdated term necessity should also not derail the process feed and keep healthy the ordinary people of the Referendum Act and effecting technical changes to of transition, and this indeed calls for a judicious country. the Electoral Bill as well as updating and cleaning balancing act. ‘In other words it was important Throughout the second half of 2012 SADC the voter’s roll. This led to the passing into law of not to allow perfection to become the enemy of continued to hold the line that it first took on the Zimbabwe Human Rights Commission and the the good.’ Zimbabwe in March 2011 during the SADC Electoral Amendment acts. Summit in Livingstone, Zambia. SADC leaders Sadly as 2012 drew to a close the Annual International Liaison Office continued to insist on the full implementation ZANU PF Congress rang a warning bell against Zimbabwe Human Rights Forum of the articles agreed to in the Global Political NGO’s and, as if nothing had ever changed, Agreement and to call for the finalisation of a new within days, the police began wantonly raiding constitution before elections are held. Meanwhile and arresting human rights organisations all over the process of international re-engagement again. with Zimbabwe carried on with the easing of EU Despite the setbacks narrated above, it restrictive measures and the suspension of others. is our view that Zimbabwe is in a better place The EU emphasised an incremental approach today than it was 2008. All the credit is due to which hinges on credible constitution making and the Human Rights Defenders who have tirelessly election processes. worked on the ground as well as our regional Fears of the same levels of political violence and international partners and without whose that characterised the 2008 election period were input the country could have descended into re-ignited when President Mugabe announced to lawlessness. The attainment of democracy is a the UN General Assembly that there would be a process not an event and indeed Zimbabwe is constitutional referendum in November 2012 and currently in transition although that transition harmonised elections in March 2013. The news is fraught with unnecessary detours and was greeted with great concern. In September compromises. However such compromises, 2012, the Zimbabwe Election Support Network disappointing as they may be in the short run, (ZESN) stated that it would be logistically may aid the transitional process in the long run. A impossible to hold a referendum in November case in point is the limited temporal jurisdiction and elections in March. They cited disputes of the Zimbabwe Human Rights Commission and in finalising the new constitution, continuing Zimbabwe’s failure to ratify the Rome Statute. political intimidation and gross inaccuracies in Ironically a focus on ratification of the Rome voters’ lists that still name ‘ghost’ electors who Statute for some countries in transition can have long been dead. The organisation called for impede the chances of a peaceful transition. In

Human Rights & National Institutions 3 Elections and Electoral Law had been sanctioned. Political (Crisis in Zimbabwe Coalition 26.9.2012) n http://www.crisiszimbabwe.org/index.php?option=com_ content&view=article&id=1464:police-violently-disrupt- and Civil 8. 9.12 There was a mixed picture of respect constitution-meeting-in-shamva&catid=47:news for fundamental freedoms in the period July Rights - August 2012. According to the Zimbabwe 26.9.12 President Mugabe indicates that Election Support Network (ZESN) some areas general elections will be held in Zimbabwe at experienced more human rights violations than the end of March 2013. His comments came others ZESN notes the worrying resurgence of during his address to the 67th Session of the torture bases and the presence of youth militia UN General Assembly in New York. and calls for a violence free election environ- (United Nations General Assembly 26.9.2012) ment. n http://http.www.zimbabwesituation.com/sep28_2012. (Zimbabwe Election Support Network, Ballot Update: html#Z17 July-August 2012, 8.9.2012) n http://www.kubatana.net/html/archive/elec/120908zesn.asp? 26.9.12 An update on a Youth Voter Registra- orgcode=ZIM006&year=0&range_start=1 tion Campaign reports an increasing number of youths around the country are registering to 26.9.12 President Mugabe tried to avoid vote in the anticipated next elections. However, contempt charges by begging the High Court observers on the ground report that most youth for an extension of time allowing him to call for face a number of politically motivated difficul- elections in Zimbabwe by 31 March 2013 rather ties in registering. than 1 October 2012 as dictated by the High (Youth Forum, 26.9.2012) Court recently. n http://youthforumzim.org/index.php?option=com_content&vie (Zimbabwe Lawyers for Human Rights, 26.9.2012) w=article&id=148:daily-voter-registration-updates&catid=39:ale rts&Itemid=56 n http://www.kubatana.net/html/archive/hr/120926zlhr. asp?sector=HR&year=2012&range_start=31 27.9.12 The Zimbabwe Europe Network (ZEN) 26.9.12 Police violently disrupt an MDC T releases a Discussion Paper entitled ‘Elections local meeting on the constitution in Shamva, in Zimbabwe– the role of Europe/ the Interna- Mashonaland Central on 22.9.12. Eyewitnesses tional Community’. It identifies areas that the apparently reported that police stormed the main umbrella organisations would like to see meeting wielding baton sticks and threatened to the international community focus on. Its con- use dogs and teargas to disrupt a meeting which clusions focus on the role that Europe should

Human Rights & National Institutions 4 play in supporting and strengthening the work n http://youthforumzim.org/index.php?option=com_content& dates for holding three by-elections by 21.3.13 of SADC. There are also calls for pressure on the view=article&id=150:president-mugabe-addresses-the-65th- rather than the previous deadline of 1.10.12. government to invite international observers. session-of-the-united-nations-general-assembly-human-rights- (Zimbabwe Lawyers for Human Rights, 2.10.2012) double-standards-exhibited&catid=40:opinion (Zimbabwe Europe Network, 27.9.2012) n http://www.kubatana.net/html/archive/hr/121002zlhr. n http://www.zimbabweeurope.org/sites/default/files/ asp?sector=HR&year=2012&range_start=31 2012SeptZENonElections.pdf 1.10.12 The Electoral Amendment Act was gazetted on 28.9.12after being signed off by the 3.10.12 Concern is expressed at the intensified 27.9.12 Concern at reports that harmonised President on 14.9.12. Commencement of all of talk of elections by national leaders given the elections and a referendum might be held next one of the Act’s 44 sections came into force with current state of affairs in the country. year in March and this year in November respec- effect from 28.9.12. This section provides for (Zimbabwe Human Rights Association, 3.10.2012) tively is greeted with great concern by the Zim- polling station voters rolls and will only come n http://www.zimrights.co.zw/index.php?option=com_content& babwe Election Support Network (ZESN). ZESN into force after the coming general elections. No view=article&id=80:election-talk-premature&catid=5:news is adamant that logistically it is impossible to date has yet been given for the opening of the &Itemid=6 hold a referendum in November and elections next Session of Parliament. in March. It cites disputes in finalising the new (Veritas Bill Watch 45/2012, 1.10.2012) 5.10.12 Zimbabwe Election Support Network constitution, continuing political intimidation n http://www.thezimbabwean.co.uk/human-rights/61316/bill- provides an analysis of election related provi- and gross inaccuracies in voters’ lists that still watch-452012.html sions of the COPAC draft constitution. name ‘ghost’ electors who have long been dead. (Zimbabwe Election Support Network, 5.10.2012) It observes that a number of important issues 1.10.12 President Mugabe’s time table for a n http://www.swradioafrica.com/Documents/ZESN051012.pdf need to be dealt with first, including resourcing referendum and for elections is one of the topics the Zimbabwe Electoral Commission, revising covered by the ZEN Weekly Update for the 9.10.12 Veritas reports that no date has yet the outdated Referendum Act, effecting tech- period 24-30.9.12 been set for the opening of the next Parliamen- nical changes to the Electoral Bill and updating (Zimbabwe Europe Network Weekly Update 39/2012, tary Session and provides a legislative agenda and cleaning the voter’s roll. ZESN observes 1.10.2012) for the next Session and an update on the that rushed voting will not produce a fair play- n http://zimassoc.files.wordpress.com/2010/09/ number of vacant seats in both houses of the ing field and that the outcome would be unac- zenweekly201239.pdf Parliament. ceptable by democratic standards. (Veritas Bill Watch 46/2012, 9.10.2012) (Zimbabwe Election Support Network, 27.9.2012) 2.10.12 President Mugabe escaped liability n http://www.thezimbabwean.co.uk/human-rights/61349/bill- n http://www.zesn.org.zw/publications/publication_332.pdf to comply with a Court order to announce the watch-462012-of-9th.html dates for by-elections in 3 Matabeleland constit- 28.9.12 A youth group responds to the com- uencies and in other vacant parliamentary and 9.10.12 Veritas reports that the Zimbabwe ments made by President Mugabe on the timing senatorial constituencies in the country, includ- Election Commission has invited civil society of the next election. ing local authorities. Justice Chiweshe granted organisations to apply for permission to con- (Youth Forum, 28.9.2012) the President a reprieve and allowed him to fix duct voter education.

Human Rights & National Institutions 5 (Veritas Bill Watch 46/2012, 9.10.2012) facilitate a free and fair election. It notes that tion Committee is raised as another issue of n http://www.thezimbabwean.co.uk/human-rights/61349/bill- of the eight Bills currently tabled; only three concern. watch-462012-of-9th.html remotely relate to the election. Regarding the (Zimbabwe Election Support Network: Ballot Update: other points covered in the President’s opening Issue 9: September to October 2012, 8.11.2012) 9.10.12 Anecdotal reports about the trouble address; Crisis notes the President’s re-itera- n http://www.swradioafrica.com/Documents/ZESN%20Ballot% youths are having in trying to register to vote. tion that the next harmonised elections will 20update%20.pdf The Youth Forum states that many youths who take place under a new constitution in March decided to register are being turned away at the 2013. Crisis argues that this is an ‘unrealistic 19.11.12 There are anecdotal reports that the Registrar General’s offices for ‘one funny reason time frame’ and that key issues related to the military is intensifying its campaign for ZANU or another’ preparation of free and fair elections are being PF in Mashonaland West ahead of elections. (Youth Forum, 9.10.2012) neglected. It observes that the proposed time- The Crisis in Zimbabwe Coalition reports that n http://www.kubatana.net/html/archive/chiyou/121009yf. table buttresses suspicions that this is a ploy by villagers in Hurungwe West are being harassed asp?orgcode=YOU013&year=0&range_start=1 the President to scuttle reform around election by their local Chief for refusing to submit their related issues. names and that of the political party they 30.10.12 A ‘Youth Let Us Vote’ campaign is (Crisis in Zimbabwe Coalition: Special Edition 107, support. Villagers report that the Chief is appar- launched to underline the importance of youths 1.11.2012) ently working under the orders of local soldiers registering to vote. n http://www.crisiszimbabwe.org/index.php?option=com_conten to lay the groundwork for a ZANU PF victory in (Youth Forum of Zimbabwe, 30.10.2012) t&view=article&id=1560:fifth-session-of-parliament-no-reforms- the area. for-free-and-fair-elections-in-legislative-agenda-&catid=38:fp- n http://youthforumzim.org/index.php?option=com_content&vie (Crisis in Zimbabwe Coalition: Report, 19.11.2012) rokstories w=article&id=164:youths-let-us-vote&catid=40:opinion n http://www.crisiszimbabwe.org/index.php?option=com_con tent&view=article&id=1612:military-intensifies-poll-drive-in- 31.10.12 The Youth Forum explores what is 8.11.12 Reforms to the electoral process in the hurungwe-&catid=47:news needed to improve the new constitution to Electoral Amendment Act are enumerated and achieve free fair and credible elections. welcomed by the Zimbabwe Election Support (Youth Forum of Zimbabwe, 31.10.2012) Network (ZESN). These include the role of the 19.11.12 Residents in Manicaland have called n http://youthforumzim.org/index.php?option=com_content& Zimbabwe Election Commission in compiling on the Government to expedite the constitution view=article&id=165:of-credible-elections-and-the-new- the voter’s roll, the introduction of a polling making process and put democratic reforms constitution&catid=40:opinion station based voter’s roll and the removal of in place before holding elections. Heightened police from inside the polling station amongst a talk of elections has apparently left residents of 1.11.12 The President finally opened the Fifth number of other reforms. However, a number of Nyazura fearful of a resurgence of violence and and final Session of Parliament on 30.11.12 and gaps are identified as glaring, including the need community unrest. outlined the legislative agenda for the Ses- to harmonise laws so that areas of conflict and (Crisis in Zimbabwe Coalition: Report, 19.11.2012) sion. The Crisis in Zimbabwe Coalition (Crisis) contradiction within the laws can be rectified. n http://www.crisiszimbabwe.org/index.php?option=com_con observes that the agenda contains little that can The independence of the Observers Accredita- tent&view=article&id=1610:nyazura-residents-demand-

Human Rights & National Institutions 6 democratic-reforms-and-a-new-constitution-before- adequate protection of women against political elections&catid=47:news violence by militia groups and uniformed forces Political Environment in the run up to the next election. The calls were and Politically Motivated 26.11.12 The Youth Forum expressed fears that made by the Zimbabwe Human Rights NGO Violence politically motivated gender violence will once Forum in a statement to commemorate The 16 again blight the coming election period. Mark- Days of Gender against Gender- based Violence. ing the start of the 16 Days of Activism against (The Zimbabwe Human Rights NGO Forum: Press 8. 9.12 A report by the Zimbabwe Election Gender Based Violence, the Youth Forum calls Statement, 28.11.2012) Support Network (ZESN) observes a mixed for an end to politically motivated gender based n http://www.hrforumzim.org/wp-content/uploads/2012/11/ picture of respect for fundamental freedoms violence and the impunity that has characterised Statement-on-16-days-of-activism3.pdf in the period July-August 2012. ZESN noted it. It observes how it has been ‘used as a tactic to that some areas have experienced more human drive fear and to punish women and their fami- 8.12.12 In an update on the electoral environ- rights violations than others. They also note the lies and communities. ment between October and November 2012, worrying resurgence of torture bases and the (Youth Forum: Press Statement, 26.11.2012) political parties were reportedly in campaign presence of youth militia. n http://www.youthforumzim.org/index.php?option=com_ mode following the President’s announcement (Zimbabwe Election Support Network: Ballot Update content&view=article&id=172:16-days-of-activism-against- that elections will be held in March 2013. The July-August 2012, 8.9.2012) gender-based-violencelets-end-politically-motivated-gender- Zimbabwe Election Support (ZESN) network n http://www.kubatana.net/html/archive/elec/120908zesn. based-violence&catid=40:opinion notes political party in-fighting in the period as asp?orgcode=ZIM006&year=0&range_start=1 well as the partisan distribution by ZANU PF of 16.11.12 There are inadequate budgetary farming inputs under the US$ 20m Presidential 12.9.12 Human rights lawyers expose the allocations for the elections and a referendum agricultural scheme. ZESN observes that funda- police practice of outsourcing torture by sur- in the 2013 National Budget. Responding to mental freedoms are particularly disrespected in rendering suspects whom they should have the 2013 National Budget presentation, the Manicaland, Harare and the three Mashonaland arrested to a notorious ZANU PF-aligned vigi- Committee of the Peoples Charter observes that provinces. The denial of free speech is also a lante group known as Chipangano. there is an assumption that the inclusive gov- concern in the Mashonaland provinces. (Zimbabwe Lawyers for Human Rights: HRDs Alert, ernment’s work programme will be undertaken (Zimbabwe Election Support Network: Ballot Update: 12.9.2012) by the next government. Issue 10: October to November 2012, 8.12.2012) n http://www.kubatana.net/html/archive/hr/120912zlhr. (The Committee of the Peoples Charter: Press See also: thezimbabwean.co.uk asp?orgcode=ZIM007&year=0&range_start=1 Statement, 16.11.2012) n http://www.thezimbabwean.co.uk/human-rights/62705/zesn- n http://www.kubatana.net/html/archive/cact/121116cpc. november-ballot-update.html asp?sector=CACT 14.9.12 The Zimbabwe Peace Project (ZPP) reports a considerable deterioration in the 28.11.12 The Government of Zimbabwe has political environment in Zimbabwe in August. It been urged to put in place measures to ensure reports that there were 462 violations recorded

Human Rights & National Institutions 7 during the month under review, up from the He died as a result of injuries sustained whilst and enforce this embargo on MDC meetings. 375 incidents that were recorded in July 2012. in custody at Chitungwiza police station and (Crisis in Zimbabwe Coalition, 1.10.2012) ZPP attributes the rise in cases to the impasse after lodging an earlier complaint about torture n http://www.crisiszimbabwe.org/index.php?option=com_ in the Constitution-making exercise. The report by police at the same station. The Zimbabwe content&view=article&id=1482:uniformed-soldiers-continue- provides an analysis of the political events during Human Rights NGO Forum issued a statement their-blitzkrieg-in-manicaland-with-nyanga-now-firmly-targeted- as-a-no-go-area-for-the-mdc-&catid=47:news the month, including the resurgence of ZANU expressing grave concern about the contin- PF aligned militias and the brutal crackdown by ued use of torture by the police in Zimbabwe, police and soldiers on commuter taxi ranks. The despite the commitment it made to ratify the 1.11.12 A man in Chiredzi has been charged report also provides a detailed breakdown of the UN Convention against Torture. with undermining or insulting the President politically motivated violations recorded during (Zimbabwe Human Rights NGO Forum: Statement, after he allegedly struck a portrait of the Presi- the month 19.9.2012) dent. (Zimbabwe Peace Project: Monthly Monitor: August n http://www.hrforumzim.org/wp-content/uploads/2012/09/ (Zimbabwe Lawyers for Human Rights: HRDs Alert, 2012: 14.9.2012) Alert-torture-and-death-of-Harrison-Manyati-1.pdf 1.11.2012) n http://www.kubatana.net/html/archive/hr/120917zpp.asp? n http://www.swradioafrica.com/chiredzi-man-in-trouble-for- orgcode=ZIM028&year=0&range_start=1 25.9.12 Strong condemnation is voiced over striking-mugabe-portrait-over-employment-woes-as-magistrate- the alleged attacks on civilians by soldiers and refers-case-to-supreme-court/ 12.9.12 Concern is raised following reports the disruption of a MDC campaign rally led by that police picked up over 300 suspected touts Welshman Ncube on 21.9.12 in Mutoko centre, 3.11.12 An MDC-T rally which was scheduled and rank marshals at major taxi ranks in Hara- Mashonaland East province. for the 28th of October 2012 at Darwendale re’s Central Business District. Innocent civilians (Zimbabwe Human Rights Association: Alert, stadium was postponed by the local council to were caught up in the ‘blitz’. It was noted that 25.9.2012) pave the way for a football match. This came as these actions come barely two days after a group n http://www.zimrights.co.zw/index.php?option=com_content the second cancellation of an MDC-T rally in of soldiers ran amok and indiscriminately beat &view=article&id=77:zimrights-condemns-mtoko-violence Darwendale after a previously scheduled rally up touts and rank marshals at the commuter &catid=5:news&Itemid=6 was disrupted by Zanu-PF militia and the army omnibus rank next to the Police Charge Office in in July 2012. The event had already been cleared Harare. 1.10.12 News that the army has continued a by the Darwendale police but the rally organisers (Zimbabwe Peace Project: Information Alert 7/2012, ‘blitzkrieg’ in Manicaland Province. The Crisis were informed on the day the rally was supposed 12.9.2012) in Zimbabwe Coalition (Crisis) reports that to take place that the stadium was not booked n http://www.zimpeaceproject.com/index.php?option=com_ villagers from Nyanga South Constituency have and council went on to bar barred the rally. content&view=article&id=16:police-blitz-nets-over-300-touts reported a recent influx of army personnel, who (Crisis in Zimbabwe Coalition: Report, 3.11.2012) &catid=4:news&Itemid=20 have declared that no MDC rally should be held n http://www.crisiszimbabwe.org/index.php?option=com_ in the area. They further reported that uni- content&view=article&id=1566:mdc-t-kicked-out-of- 19.9.12 Tragic news of the brutal assault and formed soldiers are conducting meetings with darwendale--again&catid=47:news torture of 24 year old, Mr Harrison Munyati. traditional leaders ordering them to support

Human Rights & National Institutions 8 5.11.12 Calls for urgent action against the Counselling Services Unit (CSU) three repre- third night in detention without being charged. ‘unparalleled trend of police brutality’ were sentatives of the CSU, which offers medical and (Zimbabwe Lawyers for Human Rights: HRDs Alert, made by the Zimbabwe Human Rights Associa- psycho-social support to victims of organised 7.11.2012) tion (ZimRights). ZimRights notes that at least violence and torture, spent a second night in n http://www.kubatana.net/html/archive/hr/121107zlhr. three people have died between 7th September detention without charge. Police indicated the asp?orgcode=ZIM007&year=0&range_start=1 and 5th November 2012 in unclear circum- intention to transfer the three to Bulawayo stances in which law enforcement agents are where they allege the offence that they intend 7.11.12 Amnesty International Southern suspected to have had a hand. to charge them with took place. Two other CSU Africa called for the immediate and uncon- (Zimbabwe Human Rights Association, Communique: employees were released from police custody ditional release of the detained Counselling 5.11.2012) together with a photojournalist for the Daily Service Unit employees. Amnesty noted that n http://www.thezimbabwean.co.uk/human-rights/61972/police- News. the detention of the three, who spent more brutality-needs-urgent-attention.html (Zimbabwe Lawyers for Human Rights: HRDs Alert, than 48 hours in custody without being charged 6.11.2012) and without being brought before a court, was 5.11.12 The police crackdown against NGO’s was n http://www.kubatana.net/html/archive/hr/121106zlhr.asp? illegal. It observed that “The unlawful detention re-instated today, 5.11.12, as riot police raided orgcode=ZIM007&year=0&range_start=1 of the three men is indicative of SADC’s failure the Counselling Services Unit in Harare. Five to enforce reforms of the security services as staff members; Fidelis Mudimu, Zachariah Godi, 6.11.12 In the case of Munyaradzi Gwisai and agreed in the Global Political Agreement. SADC James Zidzimu, Tafadzwa Gesa and Penn Bruno other social, labour and HIV activists, lawyers should urgently act to stop this on-going harass- were reportedly arrested and taken into custody at report that a pre-trial conference has paved the ment and intimidation of civil society organisa- Harare Central Police Station. According to Zim- way for the High Court to set a date for the trial tions in Zimbabwe.” babwe Lawyers for Human Rights, the police said of police and prison officers who are being sued (Amnesty International Southern Africa: Press they were searching for material that ‘defaces any for torturing and tormenting a group. The group Statement, 7.11.2012) house, building, wall, fence, lamp post, gate, eleva- were arrested in February 2011 whilst watching n http://www.swradioafrica.com/amnesty-release-csu-workers- tor without the consent of the owner or occupier’ footage of the Egyptian uprisings. They were jailed illegally-detained-by-police/ and in contravention of section 46 of the Criminal tortured and charged with plotting to overthrow Law (Codification and Reform) Act. the government. 7.11.12 A report on Henry Dowa, one of the (Zimbabwe Lawyers for Human Rights: Press Release, (Zimbabwe Lawyers for Human Rights: Legal Monitor: police officers who carried out the arrests of the 5.11.2012) Edition 168, 6.11.2012) Counselling Services Unit representatives, was n http://www.thezimbabwean.co.uk/human-rights/61971/ n http://www.swradioafrica.com/Documents/LM_168%20 published by Redress in 2004. Redress described police-arrest-csu-employees-in.html?utm_source=thezim&utm_ November%2005%20Email.pdf Henry Dowa as an allegedly notorious police medium=homepage&utm_campaign=listarticle&utm_content torturer’. Redress recalled how, in 2003, the UN =headinglink 7.11.12 Three of the arrested representatives requested Zimbabwe to withdraw Henry Dowa of the Counselling Service Unit (CSU) were from a peace-keeping mission in Kosovo follow- 6.11.12 Following the raid and arrests on the transferred to Bulawayo where they spent a ing evidence of the acts of torture it was alleged

Human Rights & National Institutions 9 that he was responsible for in Zimbabwe. counsel challenged the arrest of accused number before themselves. His comments came during (Redress Report: The Case of Henry Dowa: 2004) 11 to number 20, arguing that no proper inves- an event in the UK House of Parliament for the n http://www.redress.org/downloads/publications/DowaReport.pdf tigations were carried out by the Investigating Mike Campbell Foundation. Officer. The trial resumes on 12.11.12. (Roy Bennett: Address to ‘Triumph over Tyranny’ event: 8.11.12 Civil society leaders issued a state- (Crisis in Zimbabwe Coalition: Press Statement, 6.11.2012) ment condemning the arrest and detention of 10.11.2012 n http://www.zimbabwesituation.com/nov10_2012.html#Z25 the Counselling Services Unit representatives. n http://www.crisiszimbabwe.org/index.php?option=com_ (Civil Society Statement: 8.11.2012) content&view=article&id=1584:glenview-29-trial-update& 12.11.12 Seventy nine members and two catid=47:news n http://www.swradioafrica.com/Documents/Civil%20Society babies were arrested and detained at Bulawayo %20statement%20on%20arrest%20of%20CSU%20staff.pdf Central police station for staging a peaceful 10.11.12 A Zimbabwean delegation briefed protest about the water situation in the city. 8.11.12 A Bulawayo magistrate ended the four the South African Parliamentary Portfolio (Women of Zimbabwe Arise, Press Statement: day detention ordeal of three representatives Committee on International Relations on the 12.11.2012) of the Counselling Services Unit who were State of Zimbabwe’s transition. They underlined n http://wozazimbabwe.org/?p=1363 finally charged with causing malicious damage the need for a new democratic constitution, to property, in contravention of Section 140 harmonisation of the current laws with the 26.11.12 Following an international fact of the Criminal Law (Codification and Reform) new constitution, a peaceful environment. The finding mission to Zimbabwe, a new report Act, four days after their arrest on Monday. group also underlined the need for a credible has been published by the Observatory for the Lawyers representing the three registered their Zimbabwe Electoral Commission Secretariat, Protection of Human Rights Defenders. The complaints against the inhuman and degrading the demilitarisation of the electoral processes, report is entitled ‘Zimbabwe: On going risks treatment that their clients were subjected to respect for the GPA and the pro-active involve- for human rights defenders in the context of including over detention, being shackled while ment of SADC and the AU in the implementa- political deadlock and pre-electoral period’. The being moved from Kwekwe to Bulawayo, denial tion of the GPA for the country to be able to report observes that more than four years after to wear spectacles while in Bulawayo police hold a free and fair election where there is a the adoption of the Global Political Agreement, cells and the raiding of the CSU offices on the peaceful transfer of state power. human rights defenders continue to be har- strength of a defective search warrant. (Crisis in Zimbabwe Coalition: Special Issue Zimbabwe assed, marginalised and victimised by repeated (Zimbabwe Lawyers for Human Rights: Press Briefing: 10.11.2012) human rights violations. It notes that impunity Statement, 8.11.2012) n http://www.crisiszimbabwe.org/index.php?option=com_con and a lack of justice for past abuses remain a n http://www.kubatana.net/html/archive/hr/121108zlhr.asp? tent&view=article&id=1586:sadc-must-stop-zanu-pf-from- serious concern. sector=HR derailing-the-con-stitution-making-process&catid=47:news (The Observatory for the Protection of Human Rights Defenders: Report, 26.11.2012) 8.11.12 The trial of the Glenview 29 (accused 6.11.12 Roy Bennett warned that Zimbabwe n http://www.fidh.org/IMG/pdf/obsrapportzim2012eng.pdf of the murder of Police Inspector Petros Mut- will face a future of ‘enduring squalor and edza) re-convened on 8.11.12. The defence oppression’ unless leaders put the country

Human Rights & National Institutions 10 6.10.12 A petition about the rising number of 8.12.12 Concern was expressed at the on-going member-released attacks on lawyers has been launched by Zimba- harassment of human rights activists following bwe Lawyers for Human Rights (ZLHR) ahead of the arrest in Gweru of 29 community educators 11.12.12 ZANU PF held its 13th Annual International Human Rights Day commemora- with the Zimbabwe Election Support Network National People’s Conference in the Midlands tions on 10.12.12. ZLHR observes that lawyers (ZESN). Police released 27 of the group but city of Gweru from 5-9.12.12. The final reso- in Zimbabwe have been threatened and har- opened a docket charging two ZESN represent- lutions contained strongly worded messages assed in the course of performing their duties. atives with allegedly organising and failing to against violence and on women’s rights. A Their petition notes that, in recent months, notify the police of an unlawful gathering in warning bell for NGO’s was contained in Resolu- the operating environment for members of the contravention of Section 24 of the Public Order tion 1(K) which instructed the party “to ensure legal profession, particularly for human rights and Security Act (POSA). that Government enforces the de-registration lawyers, has shrunk to the extent that it has (Zimbabwe Election Support Network: Press of errant NGOs deviating from their mandate”. become almost impossible for them to perform Statement, 8.12.2012) There were also resolutions on media and on their professional duties and functions as n http://www.zesn.org.zw/index.php/zesn-staff-and-task-force- the education curriculum. Also of interest was Officers of the Court member-arrested-in-gweru the recommendation to go to elections without (Zimbabwe Lawyers for Human Rights: Petition for a constitution if the constitution is not ready 10.12.2012) 10.11.12 Press reports indicate that two before Christmas. n http://www.swradioafrica.com/zlhr-on-rising-attacks-against- leaders of the Zimbabwe Congress of Trades See also Thezimbabwean.co.uk lawyers/ Union were briefly arrested in Bulawayo as they n http://www.thezimbabwean.co.uk/news/zimbabwe/62724/ attempted to march in the city centre to com- resolutions-of-zanu-pf-conference.html?utm_source=thezim 30.11.12 The Zimbabwe Human Rights NGO memorate International Human Rights Day. &utm_medium=homepage&utm_campaign=listarticle&utm_ content=headinglink Forum (‘the Forum’) issued a statement wel- n http://www.zimbabwesituation.com/dec11_2012.html#Z7 coming a High Court decision to fight against impunity and award compensation to Forum 10.12.12 After spending two nights in custody 13.12.12 In the on-going crackdown against client, David Mutsotso. The Forum reports that in Gweru, the two Zimbabwe Election Support NGO’s, a News Alert reports that 5 police its client, Mr Mutsotso, was severely assaulted Network (ZESN) representatives arrested for officers conducted a raid on the Harare Head in 2003 by members of the Zimbabwe National allegedly holding an illegal gathering, were Offices of the Zimbabwe Human Rights Associ- Army. The Forum welcomed the High Court’s released following swift intervention from ation (ZimRights). The Deputy National Pro- strongly worded judgement against members human rights lawyers. ZESN deplored the grammes Co-ordinator was reportedly arrested of the Zimbabwe National Army for attacking continued harassment of human rights activists on charges of conducting illegal voter registra- civilians with impunity. particularly as the country prepares for elec- tion. (Zimbabwe Human Rights NGO Forum: Press tions in 2013. (Crisis in Zimbabwe: News Alert, 13.12.2012) Statement: 30.11.2012) (Zimbabwe Election Support Network: Press Statement n http://www.crisiszimbabwe.org/ n http://www.hrforumzim.org/wp-content/uploads/2012/11/ 10.12.2012) Mutsotso-Legal-Alert.pdf n http://www.zesn.org.zw/index.php/zesn-staff-and-taskforce-

Human Rights & National Institutions 11 tent&view=article&id=1406%3Acomplete-the-process- inclusive dialogue and a real commitment to Constitution-Making urgentlyzimbabwean-political-parties-urged-by-diaspora&catid= civil society participation, non-violence, media 47%3Anews&Itemid=174 Process access and independent observation of the process. 14.9.12 On 14.9.12 a considerable deteri- (Crisis in Zimbabwe Coalition: Zimbabwe Briefing: 10.9.12 Hundreds of people from all walks oration in the political environment during Issue 92, 19.9.2012) of life met to debate Zimbabwe’s reform pro- the month of August 2012 is reported by n http://www.crisiszimbabwe.org/attachments/article/1516/ gramme. There was apparently a clear demand the Zimbabwe Peace Project (ZPP). The ZPP Zimbabwe%20Briefing%20Issue%2092.pdf that the COPAC draft constitution be submitted Monthly Monitor report for August equates to an All Stakeholder’s Conference and subse- the deterioration to the impasse in the Consti- 20.9.12 The deadlock over the constitution quently to a referendum. tution-making exercise. It reports that there begins to loosen following the visit to Zimbabwe (Crisis in Zimbabwe Coalition, Zimbabwe Briefing: were 462 violations recorded during the month by President Zuma, the recent SADC Summit Special Issue No. 91, 10.9.2012) under review, up from the 375 incidents that and a shifting of the previously adamant posi- n http://www.crisiszimbabwe.org/index.php?option=com_con were recorded in July 2012. The report provides tions taken by the political parties. tent&view=article&id=1410:zimbabwe-briefing-special-issue- an analysis of the political events during the (Veritas Constitution Watch 20/2012, 20.9.2012) 91&catid=77:zimbabwe-breifing&Itemid=220 month, including the resurgence of ZANU PF n http://www.thezimbabwean.co.uk/human-rights/60981 aligned militias and the brutal crackdown by /constitution-watch-of-20th-september.html?utm_ 13.9.12 On 13.9.12 according to the Crisis in police and soldiers on commuter taxi ranks. The source=thezim &utm_medium=homepage&utm_campaign=latestarticles Zimbabwe Coalition (Crisis), Zimbabweans in the report also provides a detailed breakdown of the diaspora are calling for the urgent completion politically motivated violations recorded during of the constitution making process and for a the month. 24.9.12 The Parliamentary Select Commit- referendum to be held. Crisis held a public meet- (Zimbabwe Peace Project, Monthly Monitor August tee on the Constitution,(COPAC), has taken ing in Johannesburg on 9.9.12 which concluded 2012, 14.9.2012) a positive step on the 2nd All Stakeholders’ that the politicians need to urgently agree on the n http://www.kubatana.net/html/archive/hr/120917zpp. Conference scheduled to take place on 4-6.10.12 draft before finalising the process and presenting asp?orgcode=ZIM028&year=0&range_start=1 Crisis reports that 10 civil society groups have the COPAC Draft Constitution to the people for met with the COPAC Co-Chair and that there scrutiny and debate prior to a referendum. The 19.9.12 The Crisis in Zimbabwe Coalition has been an acknowledgement that COPAC two MDC formations represented were apparently (Crisis) observes that the marriage of Prime will re-visit the issue of delegates to attend the unanimous that the draft be taken to referendum Minister Tsvangirai detracted attention away stakeholder’s conference. without the further amendments proposed by from critical national issues, not least the rise (Crisis in Zimbabwe Coalition, 24.9.2012) ZANU PF. in politically motivated violence. Crisis notes n http://www.crisiszimbabwe.org/index.php?option=com_conten (Crisis in Zimbabwe Coalition: Press Statement, particular concern at the violence given that t&view=article&id=1448:copac-takes-positive-step-on-the-2nd- 13.9.2012) the country is supposed to hold a 2nd All Stake- all-stakeholders-conference&catid=47:news n http://www.crisiszimbabwe.org/index.php?option=com_con holders’ Constitutional Conference. It urges an

Human Rights & National Institutions 12 2.10.12 An up-date of the political situation tent&view=article&id=1500:minister-elton-mangoma- hivaids-activist-arrested-at-copac.html for the week ending 30.09.12 is provided by the arrested&catid=80:crisis-comment-on&Itemid=213 Heal Zimbabwe Trust. It raises particular con- 24.10.12 In the case relating to the Anglican cern that there is tension and political victimi- 15.10.12 The release of Cynthia Manjoro, Church; the Supreme Court dismissed five sation in the Masvingo districts of Zaka North one of the ‘Glenview 29’ accused of murdering appeals and reserved judgement in a further and West. police officer Petros Mutedza and ZimRights two of the appeals. Veritas reviewed the back- (Heal Zimbabwe Trust: Weekly Bulletin, 2.10.2012) National Co-coordinator. ground of the case. n http://www.thezimbabwean.co.uk/human-rights/61199/ (Zimbabwe Human Rights Association: ZimRights, (Veritas Court Watch: 24.10.2012) an-update-on-the-political.html 15.10.2012) n http://www.thezimbabwean.co.uk/human-rights/61797/court- n http://www.thezimbabwean.co.uk/human-rights/61613/ watch-202012-of-24th.html 3.10.12 ‘Life Without a Destination’, an cynthia-manjoro-out-on-bail.html account of the string of evictions faced by an ex 24.10.12 Concern and shock was expressed farm worker and her grandson in Mashonaland 18.10.12 Police charge MDC Provincial Chair- at the sentencing by a Kwekwe Magistrate of a East province in the decade since the fast track person for Manicaland Province with allegedly young Human Rights Defender, Nkosilathi Moyo, land reform. (UN Integrated Regional Network, threatening to commit murder two years ago. under the Public Order and Security Act (POSA). 3.10.2012) (Zimbabwe Lawyers for Human Rights:18.10.2012) He was arrested on November 11 2011 for con- n http://www.irinnews.org/Report/96442/ZIMBABWE-Life- n http://www.kubatana.net/html/archive/hr/121018zlhr. vening a civil society briefing meeting on the CSO without-a-destination asp?sector=HR&year=0&range_start=1 Road Map to Elections and Minimum Conditions, subjects which the police deemed ‘political’. 10.10.12 Reports on the arrest of the Minister 19.10.12 Amnesty expressed concern at the (Crisis in Zimbabwe Coalition, 24.10.2012) of Energy and Power Development and MDC case of the Glenview 29 whether the truth n http://www.crisiszimbabwe.org/index.php?option=com_conten Deputy Treasurer-General, Elton Mangoma will ever be known about the fate of Inspector t&view=article&id=1538%3Aposa-claims-1st-cso-victim&catid= who was charged with allegedly insulting the Petros Mutedza. 47%3Anews&Itemid=207 President in May 2012. He was released after a (Amnesty-International Southern Africa: Media warned and cautioned statement was recorded Interview, 19.10.2012) 24.10.12 A variety of civil society responses to from him. n http://www.thezimbabwean.co.uk/news/zimbabwe/61616/ the Second All Stakeholders’ Conference (Zimbabwe Lawyers for Human Rights, 10.10.2012) amnesty-international-reaction-to-cynthia.html (Crisis in Zimbabwe Coalition, 24.10.2012) n http://www.zlhr.org.zw/index.php?option=com_ n http://www.swradioafrica.com/Documents/Crisis%20 content&task=view&id=54&Itemid=122 22.10.12 The arrest of a Zimbabwean AIDS Report%20Issue%20104.pdf activist for distributing constitutional material 10.10.12 Possible reasons behind the arrest of at the Second All Stakeholders Constitutional 25.9.12 An analysis of the draft constitution Minister Mangoma are explored Conference. from the perspective of economically disad- (Crisis in Zimbabwe Coalition, 10.10.2012) (Zimbabwe Lawyers for Human Rights: 24.10.2012) vantaged people in Zimbabwe. Amongst the n http://www.crisiszimbabwe.org/index.php?option=com_con n http://www.thezimbabwean.co.uk/human-rights/61688/ concerns ZUPA raises is that despite the con-

Human Rights & National Institutions 13 tributions which were submitted to COPAC by 26.9.12 A Summarised Analysis of the COPAC names removed from the food aid register by a Zimbabweans in the diaspora, the views and Draft Constitution is provided by Zimbabwe village head and local headmaster. In Masvingo calls for dual citizenship, the devolution of Lawyers for Human Rights (ZLHR) as the press reports indicate a surge of human rights power and the diaspora vote appear not to have country moves towards a Second All Stakehold- violations. Masvingo based civic organisation, been taken into account. ers’ Conference and a possible constitutional Community Tolerance, Reconciliation and (Zimbabwe Unemployed Peoples Association, referendum. The analysis provides an overview Development (COTRAD) has reported an esca- 25.9.2012) of each Chapter of the proposed Constitution lation of political intimidation, arbitrary arrests n http://www.sokwanele.com/thisiszimbabwe/archives/8103 together with a commentary of its progressive and detentions over the period from May to elements and the issues that remain problem- August 2012 in the province. Whilst in Mutoko, 25.10.12 The legitimacy of the All Stakehold- atic. ZimRights reports that teachers are in fear after ers Conference is criticised by the National (Zimbabwe Lawyers for Human Rights, 26.9.2012) the brutality exhibited by soldiers in breaking Constitutional Assembly (NCA) who announce n http://www.zlhr.org.zw/index.php?option=com_ up a political rally recently. that they will be campaigning for a ‘No’ vote on content&task=view&id=55&Itemid=124 (Zimbabwe Association of Human Rights: Alert, the draft constitution. 27.9.2012) (National Constitutional Assembly: Press Statement, 26.9.12 The dates for the holding of a Second n http://www.kubatana.net/html/archive/hr/120927zimright. 25.10.2012) All Stakeholders’ Constitutional Conference asp?sector=HR&year=2012&range_start=31 n http://www.changezimbabwe.com/index.php/news-mainmenu- have been revised. The conference will now 2/1-latest/4322-nca-bring-on-referendum-we-cant-wait-to- take place in the third week of October. Crisis 1.10.12 The resolutions of a National Resi- vote-no urges all stakeholders to take advantage of the dents’ Conference on the Constitution jointly extended time to analyse the draft and prepare hosted by several civic organisations in Bula- 26.10.12 Zimbabwe Human Rights Associa- consolidated positions for debate and presenta- wayoon29.9.12. The meeting agreed to adopt tion (ZimRights) calls for more investigations in tion at the conference. and defend the COPAC draft constitution but a case reported in the media involving the death (Crisis in Zimbabwe Coalition, 26.9.2012) called on the Select Committee to address a of Blessing Matanda, apparently found dead in n http://www.crisiszimbabwe.org/index.php?option=com_conte number of gaps that it has identified in the a cell at Munyati police station with a gun at his nt&view=article&id=1458:second-all-stakeholders-conference- draft. side. ZimRights calls on the police to be held to now-set-for-3rd-week-of-october-2012&catid=38:fp-rokstories (Crisis in Zimbabwe Coalition, 1.10.2012) account and reminds the police of their obliga- n http://www.crisiszimbabwe.org/index.php?option=com_con tions to those in their custody. 27.9.12 An Alert by the Zimbabwe Associ- tent&view=article&id=1480:resolutions-of-the-2nd-national- (Zimbabwe Human Rights Association, 26.10.2012) ation of Human Rights (ZimRights) reports residents-conference-on-the-constitution-&catid=47:news n http://www.thezimbabwean.co.uk/news/zimbabwe/61811/ on a number of situations of political concern munyati-police-must-be-held.html?utm_source=thezim&utm_ around the country and calls for a more peaceful 4.10.12 Zimbabwe Lawyers for Human Rights medium=homepage&utm_campaign=listarticle&utm_ environment in the run up to the constitutional (ZLHR) released a comprehensive analysis of content=textlink conference. In Mberengwa MDC supporters the consolidated COPAC draft constitution. were threatened with eviction and having their (Zimbabwe Lawyers for Human Rights, 4.9.2012)

Human Rights & National Institutions 14 n http://www.swradioafrica.com/Documents/ZLHR%20 the Youth Forum states that in order for youth Zimbabwe is heading to a flawed transition and Analysis%20of%20COPAC%20Draft%20Constitution%20Final. of Zimbabwe to claim the future, they need to an artificial election pdf be able to participate in national processes, such (Crisis in Zimbabwe Coalition: Transition Barometer as the constitution making process. Vol.1.) 4. 10.12 Veritas considers the impact that the (Youth Forum, 18.10.2012) n https://docs.google.com/file/d/1cttPO_H_e22APecQlom_ new (draft) constitution would have on coming n http://www.youthforumzim.org/index.php?option=com_conte XvellpLitdFPqK3m6wcu3P_TOCQ2yuCYuhXPdnmP/edit?pli=1 elections. It notes that only the provision gov- nt&view=article&id=157:world-youth-day-for-democracy-let-us- erning the coming elections will come into force qclaim-the-futureq&catid=39:alerts&Itemid=56 24.10.12 The Crisis in Zimbabwe Coalition upon the adoption of the new constitution. It reported on proceedings at the Second All observes that although the new constitution 22.10.12 Zimbabwe’s second All Stakeholders’ Stakeholders’ Conference. It observed that pro- lays down the principles that elections must be Conference on the Draft Constitution begun ceedings were generally peaceful and captured free and fair, and that members of the civil ser- peacefully in Zimbabwe with political party the response to the conference by a variety of vice and security forces must be non-partisan, principals calling for peace and tolerance. civil society delegates to the conference. it does not establish any mechanisms for ensur- President Mugabe once again emphasized that (Crisis in Zimbabwe Coalition: 24.10.2012) ing free and fair elections. Veritas examines presidential elections will be held in March n http://www.crisiszimbabwe.org/index.php?option=com_conte whether the new constitution will put in place 2013. However the MDC (N) has pulled out of nt&view=article&id=1542:stakeholders-conference-a-qualified- any of the necessary safeguards to ensure a free, the conference and indicated that they would successbut&catid=47:news fair and peaceful election. It proposes additional not participate for as long as Arthur Mutam- safeguards that might be needed to permit the bara, instead of the current MDC president 25.10.12 Zimbabwe Lawyers for Human same. Welshman Ncube is still recognized as the Rights provided preliminary observations on (Veritas Constitution Watch, 4.10.2012) Deputy Prime Minister. The peaceful conference the Second All Stakeholders’ Conference as n http://www.thezimbabwean.co.uk/human-rights/61331/ follows a joint civil society petition on 17.10.12 observed by the joint independent Constitu- constitution-watch.html urging President Zuma to intervene to ensure tional Monitoring Project, ZZICOMP. Obser- the autonomous participation and just rep- vations include incidents of coaching political 8.10.12 Veritas reports that the date and resentation of all civil society in the up-coming party delegates by all threepolitical parties and venue for the Second All Stakeholders’ Con- Conference. displays of racial intolerance. Utmost concern was ference has been confirmed and will take place (Civil Society Monitoring Mechanism on the expressed at Presidential pronouncements that from 21-23.10.12 at the Harare International Constitutional Reform Process (CISSOMP); the GPA Principles will have the ultimate author- Conference Centre. 17.10.2012) ity on the outcome and at the lack of clarity as to (Veritas Constitution Watch, 8.10.2012) n http://www.thezimbabwean.co.uk/human-rights/61632/zim- the next steps in finalising the draft constitution. n http://www.zimbabwesituation.com/oct9_2012.html#Z22 csos-petition-president-zuma.html COPAC is urged to conclude the process swiftly and SADC is called upon to continue remaining 18.10.12 Commemorating the World Youth 22.10.12 Despite the peaceful start to the invested to ensure the reform processes are not Day under the 2012 theme; ‘Claim the Future’, constitutional conference, there are fears that manipulated in the lead up to the next election.

Human Rights & National Institutions 15 (Zimbabwe Lawyers for Human Rights: Statement: n http://bprainfo.blogspot.co.uk/2012/11/alert-bpra-weekend- and no consensus on the next steps in the 25.10.2012) activities-2-3-and-4.html process, including whether the draft should be n http://www.zlhr.org.zw/index.php?option=com_ taken to parliament, finalised by the principles content&task=view&id=54&Itemid=122 7.11.12 The Constitutional Select Committee to the GPA or, whether the matter should be (COPAC) announced the completion of the referred to SADC. 1.11.12 Further to the President’s statements report on the 2nd All Stakeholders’ Conference (Veritas: Constitution Watch, 19.11.12) at the 2nd All Stakeholders’ Conference that “the on the Draft Constitution and that it was hand- n http://www.swradioafrica.com/constitution-watch-deadlock- Principles will have the final say on the draft” the ing the report to the Management Committee. post-stakeholders-conference/ Crisis in Zimbabwe Coalition reports that the It was further announced that the Select Com- President said, during the opening of the Fifth mittee has three months from the date of the 8.12.12 Veritas reports that the Political Prin- Session of Parliament that “there is now need for All Stakeholders’ Conference to finalise the draft cipals have set up a Committee to deal with the Government to assume the management of the and present it for a referendum. Standing in for delays and deadlocks that continue to beset the process leading to the holding of a Referendum.” the COPAC Co-Chair, Innocent Gonese of the finalisation of the constitution making process. As a result, the constitutional select committee is MDC T further stated that the executive would (Veritas: Constitution Watch, 8.12.2012) apparently giving in to executive demands to hand only come in after the draft has been taken to n http://www.thezimbabwean.co.uk/human-rights/62713/ all the constitution reports to the three Principles referendum principals-set-up-committee-to.html so that they can finalise the writing of the new (COPAC: Press Statement, 7.11.2012) constitution. Crisis comments that this is a poten- n http://www.thezimbabwean.co.uk/news/zimbabwe/62084/ tially dangerous move ‘which jeopardises further principals-have-no-role-yet.html?utm_source=thezim&utm_ the possibilities of the draft constitution being medium=homepage&utm_campaign=listarticle&utm_ content=headinglink adopted at a referendum’ (Crisis in Zimbabwe Coalition: 1.11.2012) n http://www.crisiszimbabwe.org/index.php?option=com_conten 10.11.12 Speaking to the South African Parlia- t&view=article&id=1560:fifth-session-of-parliament-no-reforms- mentary Portfolio committee on International for-free-and-fair-elections-in-legislative-agenda-&catid=38:fp- Relations, SADC was called upon to stop ZANU rokstories PF from derailing the constitution-making process 2.11.12 The Bulawayo Progressive Residents (Crisis in Zimbabwe Coalition: 10.11.2012) Association will be holding a series of public n http://www.crisiszimbabwe.org/index.php?option=com_con Constituency Consultative Meetings to unpack tent&view=article&id=1586:sadc-must-stop-zanu-pf-from- the COPAC Draft Constitution to the residents derailing-the-con-stitution-making-process&catid=47:news# of Bulawayo during 2 - 4.11.12. (Bulawayo Progressive Residents Association, 19.11.12 There are reports about a further 25.11.2012) deadlock in the constitution-making process

Human Rights & National Institutions 16 News were arrested and detained Peoples’ Rights has expressed deep concern at Media (Media Institute of Southern Africa, MISA Zimbabwe, the continued existence of ‘laws that impede the 9.10.2012) work of the media in Zimbabwe. She noted that n http://www.kubatana.net/html/archive/media/121009misaz. even after a new constitution is in place there is 27.9.12 Police in Harare raided the premises asp?sector=HR&year=2012&range_start=31 still need “to deal with all the laws that impede of an alleged illegal television station, seized expression like AIPPA, POSA and all the other broadcasting equipment and arrested the 10.10.12 The arrest of a community activist in laws that are not in conformity with regional employees. Kariba charged with defamation. and international instruments that Zimbabwe (Media Institute of Southern Africa: Alert, 27.9.2012) (Media Institute of Southern Africa: Zimbabwe Media has ratified” n http://www.thezimbabwean.co.uk/news/ Alert, 10.10.2012) (Pansy Tlakula: Media Interview with Radio Voice of zimbabwe/61140/latest-on-suspected-illegal-television. n http://www.thezimbabwean.co.uk/news/zimbabwe/61457/ the People: 1.11.2012) html?utm_source=thezim&utm_medium=homepage&utm_ community-news-activist-denied- n http://www.radiovop.com/index.php/national-news/9774-zim- campaign=listarticle&utm_content=headinglink media-laws-a-concern-au-rapportuer.html 18.10.12 A journalist in Karoi is summoned to 28.9.12 The Media Institute of Southern Africa appear on charges of criminal defamation 5.11.12 Deep concern about the existence of (MISA) used the occasion of the ‘International (Media Institute of Southern Africa: Zimbabwe Media laws that impede the work of the media and the Right to Know Day’ to launch its annual reports Alert, 18.10.2012) safety of journalists in Zimbabwe was voiced by on the ‘Most Open and Secretive Public Institu- n http://www.misa.org/index.php/alerts/zimbabwe-alerts/359- Advocate Pansy Tlakula, the Special Rapporteur tions in Southern Africa’ for 2012. The reports zimbabwe-journalist-summoned-over- on Freedom of Expression and Access to Infor- were accompanied by awards’ ceremonies at the mation in Africa and member of the African respective MISA chapters, with the most secre- 23.10.12 The State withdraws its case against Commission on Human and Peoples’ Rights. tive public institutions being awarded a ‘Golden a community news activist in Kariba who was (Media Institute of Southern Africa, (MISA Zimbabwe): Padlock’ award, and the most open public insti- charged with criminal defamation under Sec- Zimbabwe Communiqué: 5.11.2012) tutions being awarded a ‘Golden Key’ award. The tion 96 of the Criminal Law (Codification and n http://www.misa.org/index.php/featured-news/item/490- awards were presented to the relevant institu- Reform) Act. advocate-pansy-tlakula-concerned-over-safety-of-journalists-in- tions at six separate events, including by MISA (Media Institute of Southern Africa: Zimbabwe Media africa Zimbabwe. Alert, 23.10.2012) (Media Institute of Southern Africa, Regional Chapter, n http://www.swradioafrica.com/misa-state-abandons-appeal- 7.11.12 The Media Institute of Southern Africa 28.9.2012) against-news-activist/ expressed concern at the growing intimidation n http://www.misa.org/index.php/featured-news/ of media practitioners following the arrest of item/457-misa-launches-2012-golden-padlock-research-to- 2.11.12 Advocate Pansy Tlakula, the Special the Editor of The Weekly Mirror on 6.11.12. commemorate-right-to-know-day Rapporteur on Freedom of Expression and (Media Institute for Southern Africa: Media Alert, Access to Information in Africa and a member 7.11.2012) 9.10.12 The Editor and Deputy Editor of the Daily of the African Commission on Human and n http://www.swradioafrica.com/2012/11/07/misa-warns-of-

Human Rights & National Institutions 17 increasing-media-intimidation/ coverage during November 2012 highlights sen- sationalised reporting of the Nolbert Kunonga Legal and Judicial 6.11.12 A Daily News photographer, Watson case and coverage of the 2013 National Budget Reforms Ofumeli, was arrested while covering the police presentation. Both government and private raid on the Counselling Services Unit. media focused on US $ 50 million allocation for (Media Institute of Southern Africa Zimbabwe: elections, proposed banking reforms and the 10.9.12 Various delays in Government and Zimbabwe Media Alert, 6.11.2012) increase in the military budget. Media reports Parliamentary business include the delay in n http://www.misa.org/index.php/alerts/zimbabwe-alerts/368- of widespread corruption amongst local gov- opening parliament, stalling the gazetting of zimbabwe-daily-news-photojournalist-arrested ernment authorities, particularly in Harare City the Zimbabwe Human Rights Commission Bill Council are also noted Thirty three incidents and the Electoral Amendment Bill, the Cabinet 30.1.12 The deposed Anglican Bishop, Nolbert of rights abuses were apparently reported in veto of the Referendums Bill, the constitutional Kunonga, reportedly threatened to shoot jour- the media, of these, twenty five (75%) were impasse and the lack of preparations for the nalists covering his eviction from the Anglican reported by the private media. court ordered by-elections whose deadline is Church premises in Harare. The Zimbabwe (Media Monitoring Project of Zimbabwe: Election 1.10.12. Veritas ponders if these delays are any Union of Journalists expressed concern for its Watch: November 2012. 12.12.2012) indication that a snap election might be called members following a number of violent inci- n http://nehandaradio.com/2012/12/12/media-monitoring- under the Lancaster House constitution. dences against journalists. It urged journalists project-zimbabwe-election-watch/ (Veritas Bill Watch: 42/2012, 10.9.2012) to be cautious in dealing with public figures. n http://www.zimbabwesituation.com/sep11_2012.html#Z23 (Zimbabwe Union of Journalists: Press Statement, 30.1.2012) 12.9.12 Human rights lawyers mount a con- n http://www.zuj.org.zw/index.php?option=com_ stitutional challenge against the police practice content&view=article&id=63:zuj-statement-on-harassment-of- of outsourcing torture by surrendering suspects journalist-by-bishop-kunonga&catid=4:latest-publications whom they should have arrested to a notorious ZANU PF-aligned vigilante group known as 13.12.12 A community news activist in Kariba Chipangano. was acquitted after being charged with criminal (Zimbabwe Lawyers for Human Rights: HRDs Alert, defamation. The magistrate observed that the 12.9.2012) state lacked evidence to prove the charge. n http://www.kubatana.net/html/archive/hr/120912zlhr. (The Media Monitoring Project of Zimbabwe: Zimbabwe asp?orgcode=ZIM007&year=0&range_start=1 Alert Update, 13.12.2012) n http://www.thezimbabwean.co.uk/news/zimbabwe/62815/ 30.9.12 An Opinion Piece entitled ‘Property community-news-activist-acquitted.html Rights and the Zimbabwean constitution – A Christian response’ is issued by Ben Freeth. 12.12.12 An overview of Zimbabwean media (Ben Freeth, 30.9.2012)

Human Rights & National Institutions 18 n http://www.thezimbabwean.co.uk/human-rights/61169/ tion against Torture. with lawyers continuing to encounter threats, the-history-of-property-rights.html?utm_source=thezim&utm_ (Veritas Court Watch, 4.10.2012) harassment and intimidation in the execution medium=homepage&utm_campaign=latestarticles n http://www.thezimbabwean.co.uk/human-rights/61322/ of their professional duties. supreme-court-produces-judgment-in.html (Zimbabwe Lawyers for Human Rights: Press Release 3.10.12 Sokwanele published another in its 11.12.2012) on-going series about the land issue in Zim- 6.10.12 Current cases in front of the Supreme n http://www.zlhr.org.zw/ babwe. The paper, by Mandivamba Rukuni, is Court include seven appeals relating to court entitled ‘Reframing the Wild-Life Based Land cases between the mainstream Anglican Church 10.12.12 In a joint statement for International Reform Programme’ and the breakaway local church led by Nolbert Human Rights Day, the Zimbabwe Human (Sokwanele: Land Series, 3.10.2012) Kunonga. Rights NGO Forum and Zimbabwe Lawyers n http://www.sokwanele.com/node/2402 (Veritas Court Watch: 6.10.2012) for Human Rights reminded the government n http://www.zimbabwesituation.com/oct8_2012.html#Z13 that everyone has the right to take part in the 4.9.12 Lawyers make a legal challenge on governance of the country regardless of their behalf of Hon. Douglas Mwonzora who was 31.10.12 Transparency International Zim- political affiliation. As the country prepares for charged with contravening Section 33 of the babwe launches a new SMS service to improve the Constitutional referendum and watershed so-called insult provisions of the Criminal Law public sector corruption. The Interactive Infor- elections next year, the government was urged (Codification and Reform) Act of 2009. Hon. mation Communication Technology Platform to respect human rights and fundamental free- Mwonzora allegedly likened the President to a is intended to expose corruption through a cell doms including the principle of holding periodic goblin. He is challenging the constitutionality phone message (SMS). and genuine elections by universal suffrage. of the law on the grounds that the insult law (Transparency International: Media Interview with The (Zimbabwe Human Rights NGO Forum/ Zimbabwe is unconstitutional and an infringement of his Zimbabwean, 31.10.2012) Lawyers for Human Rights: Joint Press Statement, freedom of expression. n http://www.thezimbabwean.co.uk/news/zimbabwe/61917/tiz- 10.12.2012) (Zimbabwe Lawyers for Human Rights: Legal Monitor, launches-sms-platform-to.html n http://www.zlhr.org.zw/index.php?option=com_ 4.9.2012) content&task=view&id=55&Itemid=124 n http://www.swradioafrica.com/Documents/LM%20Edition%20 11.12.12 Zimbabwean human rights lawyers 163.pdf Raymond Moyo and Charles Kwaramba were presented with The 2012 Human Rights Lawyer 4.10.12 The Supreme Court at last hands down of the Year Award. The awards were made by its judgement explaining its reasons for order- Zimbabwe Lawyers for Human Rights (ZLHR) ing, on 28.9.09, that the prosecution of Jestina who cited the time, energy, resources, passion Mukoko be stopped. Veritas hopes the case will and courage that both had devoted to the serve as a reminder to the Minister of Justice human rights struggle during 2012. In making about commitments made during Zimbabwe’s the awards, ZLHR observed that the operating Universal Periodic Review to ratify the Conven- environment for lawyers remains challenging

Human Rights & National Institutions 19 Amongst a number of recommendations, it is Institutional Reform observed that a pivotal concern in determining Security Sector how well the public good is served is the way in which appointments are made and where the 5.11.12 Following the opening of the new Par- power to ratify appointment lies. 12.9.12 Concern is expressed following reports liamentary Session on30.10.12, Veritas reports (IDASA Research Paper: “Assessing Independent that soldiers allegedly beat up rank marshals that short sitting of both Houses took place Commissions in the COPAC Draft Constitution of and conductors on the streets of Harare with immediately with membership of the Portfolio Zimbabwe” 2.11.2012) the aim of apparently avenging an attack on one Committees and Thematic Committees remain- n http://www.idasa.org/media/uploads/outputs/files/ of their colleagues. Transparency International ing the same as in the previous session. independentcommissions.pdf Zimbabwe observes that such an act constitutes (Veritas: Bill Watch Parliamentary Committee Series, a gross abuse of the soldiers’ delegated power to 5.11.2012) maintain law and order. It observes that soldiers n http://www.zimbabwesituation.com/nov7_2012.html#Z21 are seeking to gain mileage for themselves by instilling an atmosphere of fear. 6.11.12 The Anti-Corruption Trust of South- (Transparency International Zimbabwe: Press ern Africa has released a report showing that Statement, 12.9.2012) corruption by Zimbabwe Republic Police traffic n http://www.transparency.org.zw/index.php/component/ section is the worst in the region and that communicator/view/76/11 bribes are shamelessly demanded. ACT note n http://www.swradioafrica.com/Documents/TI-Z_Press%20 Statement.pdf that traffic police in Zimbabwe have acquired assets that do not tally with their salaries. (Anti-Corruption Trust Southern Africa,6.11.2012) 28.9.12 Report on the chaos and violence at n http://actsouthernafrica.posterous.com/ the commuter omnibus rank in Harare observes that such incidents are not random. The Crisis 2. 11.12 An assessment of the Commissions in in Zimbabwe Coalition argues that these are the draft Zimbabwe Constitution was published orchestrated attempts at a ‘jambanja economy’ by Professor Jeremy Sarkin of the U.N Working providing the opportunity for ‘primitive accu- Group on Enforced and Involuntary Disappear- mulation by Zimbabwe’s elites’ particularly ances. The paper examines the role and func- given the size of Zimbabwe’s informal economy. tion of the various commissions that are con- Crisis also considers media reports that the tained in the 18 July 2012 draft constitution. National Security Council has not convened The paper contributes to the current discourse since May 2012. around strengthening provisions governing (Crisis in Zimbabwe Coalition: Zimbabwe Briefing, independent institutions and commissions. Issue 93, 28.9.2012)

Human Rights & National Institutions 20 n http://www.crisiszimbabwe.org/index.php?option=com_ 28.11.12 The Government of Zimbabwe has content&view=category&id=77&Itemid=220 been urged to put in place measures to ensure Regional and International adequate protection of women against political Obligations 1.10.12 Security sector reform is identified as violence by militia groups and uniformed forces the key to free and fair elections following an in the run up to the next election. The calls were attack on a political rally by uniformed soldiers made by the Zimbabwe Human Rights NGO 4.9.12 Israeli diamond analyst Chaim Even-Zo- in Mutoko. The United Nations International Forum in a statement to commemorate The 16 har issued a report on the implication of the Regional Integrated Network (IRIN) explores Days of Gender against Gender- based Violence. changes, (including the ‘Zimbabwe precedent’) how the attack has stoked fears of a reprise of (The Zimbabwe Human Rights NGO Forum: Press that will be debated at the Kimberly Process state-sponsored violence against NGOs, human Statement, 28.11.2012) Certification Scheme (KPCS) Plenary meeting rights activists and parties opposed to President n http://www.hrforumzim.org/wp-content/uploads/2012/11/ to be held in Washington in November 2012. Robert Mugabe’s ZANU-PF in the lead-up to a Statement-on-16-days-of-activism3.pdf The KPCS Plenary will debate and vote on new referendum on a draft constitution and scheduled proposals for the definition of conflict diamonds parliamentary and presidential elections in 2013. which would give the KP the power to make key (United Nations: International Regional Integrated decision based on human rights conditions in Network,1.10.2012) member countries. n http://www.irinnews.org/Report/96421/ZIMBABWE-Security- (Chaim Even-Zohar: 4.9.2012) check source sector-reform-key-to-peaceful-elections n http://www.israelidiamond.co.il/English/news. aspx?boneId=2523&objid=1173 11.11.12 An article entitled ‘Playing Politics with Military History’ observes that the launch 10.9.12 United States Ambassador Designate of the ‘so-called’ military history documenta- to Zimbabwe, Bruce Wharton, was sworn in and tion project is clearly designed to allow the army reported that he was excited about the prospect of to campaign for ZANU-PF. Writing in the OSISA returning to Zimbabwe. Newsletter, Richard Lee argues that the project (United States Embassy: Press Release, 10.9.2012) will not document military history, but will n http://soundcloud.com/zimpas/us-embassy-amb-wharton- instead use money from the Marange diamonds long to deploy 30,000 serving and retired security forces across the country to build support for 19.9.12 A new paper calls for regional inte- Mugabe and the party. gration to go beyond an inter-governmental (Open Society Initiative for Southern Africa (OSISA): process and broader participation by the private Newsletter, 11.11.2012) sector and non-state actors to mainstream n http://www.osisa.org/hrdb/blog/playing-politics-military- regional integration into national development history policies and strategies.

Human Rights & National Institutions 21 (Trade Law Centre on Regional integration in Southern n http://www.thezimbabwean.co.uk/news/zimbabwe/61147/ Programmes with Zimbabwe. Africa: ‘Regional Integration in SADC – Retreating or the-supreme-court-of-appeal.html?utm_source=thezim&utm_ (International Monetary Fund: Press Release Forging Ahead?’ 19.9.2012) medium=homepage&utm_campaign=latestarticles No.12/405: 30.10.2012) n http://www.tralac.org/files/2012/09/S12WP082012-Kalenga- n http://www.imf.org/external/np/sec/pr/2012/pr12405.htm Regional-integration-in-SADC-retreating-or-forging-ahead1.pdf 15.10.12 A report by the International Crisis Group (ICG) interrogates the structural weak- 30.10.12 Zimbabwe is one of the case studies 21.9.12 Sokwanele reports that the Supreme nesses, capacity needs and challenges within examined in a new publication on the Impact Court of Appeal in South Africa handed down SADC. The report, expresses concern at the of the African Charter and Women’s Protocol a judgement on 20.9.12 which confirms the limited capacity of SADC to intervene effectively in selected African States. The publication binding nature of the SADC Tribunal ruling on to enforce the agreement it helped to broker. examines to what extent the promises of these the case of the Zimbabwean farmers. The ruling The ICG argues that SADC needs to build its instruments have been realised and what impact also ordered that the Zimbabwean Government peace and security capacity and makes a num- they have had. must the pay costs. ber of recommendations for strengthening the (Centre for Human Rights, Faculty of Law, University (Sokwanele. 21.9.2012) regional bloc. of Pretoria: 30.10. 2012) n http://www.sokwanele.com/thisiszimbabwe/archives/8098 (International Crisis Group: ‘Implementing Peace n http://www.pulp.up.ac.za/pdf/2012_07/2012_07.pdf and Security Architecture (11): Southern Africa’, 24.9.12 Professor Brian Kagoro, the found- 15.10.2012) 28.9.12 The role that local actors and SADC ing Coordinator and former Chair of Crisis in n http://www.crisisgroup.org/~/media/Files/africa/southern- might play during and after the elections to Zimbabwe Coalition, issued a frank broadside africa/191-implementing-peace-and-security-architecture-II- help regulate the behaviour of the military is and challenge to civil society to be more united southern-africa.pdf explored in order to be strong and to stop bickering and (Crisis in Zimbabwe Coalition: Zimbabwe Briefing Issue back-biting. 27.10.12 Following its Annual General Meet- 93, 28.9.2012) (Crisis in Zimbabwe Coalition, 24.9.2012) ing in London, the Zimbabwe Association n http://www.crisiszimbabwe.org/index.php?option=com_ n http://www.crisiszimbabwe.org/index.php?option=com_ launched its 2012 Annual General Report for content&view=category&id=77&Itemid=220 content&view=article&id=1454:our-institutional-culture-within- 2012. ngos-is-no-better-than-zanu-pf-says-brain-kagoro-crisis- (Zimbabwe Association, 27.10.2012) 10.11.12 Speaking to the South African Parlia- coalition-founding-coordinator&catid=47:news n http://zimassoc.files.wordpress.com/2012/09/agm- mentary Portfolio committee on International report-2012.pdf Relations, SADC was called upon to stop ZANU 28.9.12 The South African Supreme Court of PF from derailing the constitution-making Appeal releases the full text of the ruling about 30.10.12 In a significant announcement from process the case of the Zimbabwean farmers whose the International Monetary Fund (IMF), it was (Crisis in Zimbabwe Coalition: 10.11.2012) farms were seized. announced that most restrictions on technical n http://www.crisiszimbabwe.org/index.php?option=com_con (The Zimbabwean: “The Supreme Court of appeal of assistance to Zimbabwe are to be relaxed, thus tent&view=article&id=1586:sadc-must-stop-zanu-pf-from- South Africa Judgement”, 23.11.2012) opening the way for future IMF Staff Monitored derailing-the-con-stitution-making-process&catid=47:news#

Human Rights & National Institutions 22 26.11.12 The Pan African Lawyers Forum n http://www.europarl.europa.eu/intcoop/acp/2012_paramaribo/ Paramaribo, Suriname. The event was themed and Southern African Litigation Centre have pdf/913789en.pdf on ‘Forthcoming African Elections with a Main approached the African Court on Human and Focus on Zimbabwe and Kenya’ and focused on Peoples’ Rights to rule on the legality of the 27.11.12 Tanzanian civil society called on civil society expectations of ACP-EU countries. suspension of the SADC Tribunal. SADC to monitor the forthcoming elections in (Zimbabwe Human Rights NGO Forum: Press Release, (Southern African Litigation Centre: Press Release, Zimbabwe. The calls emerged from a joint civil 28.11.2012) 26.11.2012) society delegation to Tanzania which met with n http://www.hrforumzim.org/pressreleases/africa-carribean- n http://www.southernafricalitigationcentre.org/2012/11/26/ the country’s Legal and Human Rights Centre. pacific-european-union-joint-parliamentary-assembly-23rd- press-release-african-human-rights-court-asked-to-rule-on- The delegation called on SADC to dispatch an session-suriname/ legality-of-sadc-tribunals-suspension/ early warning team to monitor the situation in Zimbabwe particularly given the emerging trend 29.11.12 A Zimbabwean civil society dele- 26.11.12 Following a strike of farm labourers in of political violence, arrests and intimidation gation to Mozambique (as the current SADC South Africa’s Western Cape, calls were made for and the resurgence of militia groups. There Chair) met with the Mozambican Deputy Minis- an amnesty for Zimbabwean and other migrant were also calls to empower the Joint Monitor- ter of Foreign Affairs responsible for Zimbabwe. groups working as undocumented farm labourers ing Committee (JOMIC) to engage, monitor, The Minister reportedly said that ‘Mozambique in South Africa. The Congress of South African evaluate, and hold state security institutions to cannot stay indifferent to the suffering of the Trades Unions (COSATU) and the South African account and for SADC to establish guidelines people of Zimbabwe. As caring neighbours we based migrant rights group, PASSOP, say that for the conduct of the security sector and polit- are one and share borders and long history and unless an amnesty is put in place there will be ical parties before, during and after elections heritage, if things go bad in Zimbabwe, Mozam- bloodshed and mass displacements. with clear consequences for transgression. The bique will be negatively affected.” (People against Suffering and Oppression (PASSOP): delegation further urged the completion of the (Crisis in Zimbabwe: Press Statement, 29.11.2012) Press Statement, 26.11.12.) constitution making process as per Article 6 of n http://www.crisiszimbabwe.org/index.php?option=com_conte n http://www.passop.co.za/news/featured/cosatu-and-passop- the Global Political Agreement. nt&view=article&id=1652:mozambique-cannot-stay-indifferent- call-on-minister-naledi-pandor-to-give-amnesty-to-immigrant- (Crisis in Zimbabwe: Press Statement, 27.11.2012) to-zimbabwes-suffering-mozambican-deputy-minister-of- farmworkers-and-caution-premier-zille foreign-affairs&catid=47:news n http://www.crisiszimbabwe.org/index.php?option=com_con tent&view=article&id=1632:tanzania-civil-society-calls-on- 27-29.11.12 The Zimbabwe Human Rights sadc-to-monitor-the-forthcoming-zimbabwe-watershed- 29.11.12 Bishops from the Anglican and election&catid=38:fp-rokstories NGO Forum participated in the 24th Session of Methodist Churches in Mozambique expressed the African Caribbean Pacific – European Union solidarity with Zimbabwe and pledged to lobby Joint Parliamentary Assembly in Paramaribo, 28.11.12 The Zimbabwe Human Rights NGO their government, the church and civil society Suriname. The agenda for the meeting is availa- Forum and Zimbabwe Europe Network held during a meeting with a visiting Zimbabwean ble on the ACP-EU website a joint side event on the fringes of the 24th civil society delegation. They reportedly told the (ACP-EU 24th Joint Parliamentary Assembly, Agenda Session of the African Caribbean Pacific – Euro- delegation that ‘politics is too important to be 27-29.11.2012) pean Union Joint Parliamentary Assembly in left to politicians alone’

Human Rights & National Institutions 23 (Crisis in Zimbabwe: Press Statement, 29.11.2012) implementation of Global Political Agreement Global Political Agreement n http://www.crisiszimbabwe.org/index.php?option=com_cont (GPA). It urged Zimbabwean political stake- ent&view=article&id=1656:politics-is-too-serious-to-be-left-to- holders to fully implement the GPA and also, politicians-alonemozambique-clerics&catid=47:news to finalise the constitutional process including The 15th September 2012 marked the fourth referendum before the holding of the elections anniversary of the signing of the Global Political 6.12.12 Media reports that Zimbabwe will be in 2013. Agreement (GPA). A number of statements discussed during an upcoming SADC Summit (Southern African Development Community: were issued to mark the occasion, including: in Dar-es-Salaam, Tanzania on 7 -8.12.12. The Extraordinary Summit of the Heads of State and Summit will apparently discuss the events in Government: Communique, 8.12.2012) 15.9.12 A joint statement on the implementa- the DRC and hear reports on SADC mediation n http://www.sadc.int/files/4213/5523/4282/SADC_ tion of the Global Political Agreement thus far efforts in Zimbabwe and Madagascar. EXtraordinary_Summit_COMMUNIQUE_8_DECEMBER_2012_ was issued by the Zimbabwe Europe Network (Short Wave Radio Africa: Press Report, 6.12.2012) English.pdf (ZEN) and its National Reference Group mem- n http://www.swradioafrica.com/2012/12/06/zim-part-of-sadc- bers including the Zimbabwe Human Rights summit-agenda/ 12.12.12 Namibian civil society pledged to NGO Forum, the Crisis in Zimbabwe Coalition, mobilise the people in the region for the sake of the National Association of Non-Government 3.12.12 Calls for Africans to stand united in democracy and human rights. Organisations (NANGO) and the Zimbabwe their demand for democratic elections were ech- (Crisis in Zimbabwe Coalition: Special Edition Report, Congress of Trade Unions (ZCTU). Following an oed in a media interview following a side event 12.12.2012) analysis of the status of implementation, the at the recently ended 24th Session of the Africa n http://www.crisiszimbabwe.org/index.php?option=com_ statement makes the following recommenda- Caribbean Pacific – European Union. content&view=article&id=1694:let-us-mobilise-people-in-the- tions to the international community: (The Zimbabwe Human Rights NGO Forum: Media region-for-democracys-sake-namrights&catid=47:news n Continue supporting and providing the Interview, 3.12.2012) much needed solidarity to the people of Zimba- n http://www.hrforumzim.org/events/zimbabwes-elections- bwe and keep Zimbabwe on the global political should-be-transparent-like-in-suriname-interview-with-arthur- limelight. gwagwa-in-suriname-newspaper/ n Encourage parties to the GPA to focus on full implementation of the GPA with a special 8.12.12 Zimbabwe was briefly discussed at the focus on ensuring security of persons, security Extraordinary Summit of the Heads of State and of the vote and respect for the people’s will. Government of the Southern African Develop- n Support the efforts of SADC in its facili- ment Community (SADC) held in Dar es Salaam, tation role, urging SADC to continue to lead the Tanzania from 7-8.12.12. The Summit com- parties of the GPA towards its full implementa- mended the efforts of President Jacob Zuma of tion, including of a road map to democratic and South Africa in his role as SADC Facilitator of credible elections. the Zimbabwe Political Dialogue towards full (Zimbabwe Europe Network and its National Reference

Human Rights & National Institutions 24 cisomm-statement-on-the-4th.html Group members: Joint Statement, 15.9.2012) Peace-Building and n http://www.zimbabweeurope.org/sites/default/files/ ZIMBABWE%20GPA%20IMPLEMENTTION.pdf 19.11.12 Former South African President Transitional Justice Thabo Mbeki has called on the Inclusive Govern- 15.9.12 The Civil Society Monitoring Mecha- ment to speed up the national land audit that nism (CISOMM) observed that the Global Politi- was agreed as part of the Global Political Agree- 4.9.12 The banning by the Censorship Board cal Agreement which was initiated with such ment that he brokered. of a peace-building play by Tafadzwa Muzondo promise, has been marred by the tragic failure (Crisis in Zimbabwe Coalition: Press Statement, about national healing, entitled ‘No Voice No to fulfil the commitments laden in the letter 19.11.2012) Choice’ is condemned. and spirit of the Global Political Agreement. n http://www.crisiszimbabwe.org/index.php?option=com_conte (Zimbabwe Human Rights Association, 4.9.2012) CISSOM made the following recommendations: nt&view=article&id=1608:audit-land--csos-urge-the-zimbabwe- n http://www.thezimbabwean.co.uk/human-rights/60534/ n Expedite the implementation of the GPA inclusive-government&catid=47:news zimrights-condemns-banning-of-peace.html and fully commit to its letter and spirit n Come up with short-term strategies to 23.11.12 Reports indicate that the Joint Moni- 10.9.12 Veritas considers how stopping the curtail further outbreaks of medieval diseases toring and Implementation Committee (JOMIC) violence is the first critical step in national such as cholera, typhoid and other easily pre- are in turmoil after Nicholas Goche, the JOMIIC healing. ventable water-borne diseases Co-Chair, apparently threatened to pull ZANU (Veritas: Peace Watch, 10.9.2012) n Come up with short term strategies to PF out of the body which was established to deal n http://www.zimbabwesituation.com/sep11_2012.html#Z22 deal with maternal health-care with enforcement and non-compliance of the n Implement the commitment to rule of Global Political Agreement. 11.9.12 The new Special Rapporteur on the law and security of the person by having perpe- (Crisis in Zimbabwe Coalition: Statement, 23.11.2012) promotion of truth, justice, reparation and trators of violence prosecuted n http://www.crisiszimbabwe.org/index.php?option=com_con guarantees of non-recurrence, Pablo de Grieff, n Come up with a sustainable strategy that tent&view=article&id=1624%3Ajomic-in-turmoil-as-political- presented his first report at the 21st Session includes a clear plan for provision of clean water tensions-and-violence-spike-&catid=47%3Anews&Itemid=187 of the United Nations Human Rights Council and sanitation to all communities at which the Zimbabwe Human Rights NGO n Recommit to the Article VI process of Forum was represented. The report noted that constitutional reform and follow its guidelines “transitional justice is not soft justice” and for the next stage of the process, that is, the that “transitional justice is not the name for 2nd All Stakeholders Conference and adopt a a distinct form of justice, but of a strategy for roadmap to holding free, fair and undisputable achieving justice for redressing massive rights elections. violations in times of transition”. The Spe- (Civil Society Monitoring Mechanism: Statement, cial Rapporteur noted that redress cannot be 15.9.2012) achieved without truth, justice, reparations and n http://www.thezimbabwean.co.uk/human-rights/60832/ guarantees of non-recurrence,”

Human Rights & National Institutions 25 (UN Office of the High Commissioner for Human 21.9.12 Marking the International Day of 4.10.12 The Mo Ibrahim Foundation gave a Rights, 11.9.2012) Peace, Zimbabwe Lawyers for Human Rights one-off Special Award to Archbishop Desmond n http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews. (ZLHR) called for an end to rhetoric and hollow Tutu in recognition of his lifelong commitment aspx?NewsID=12496&LangID=E statements. ZLHR demands that the Inclusive of speaking truth to power. Political Agreement be immediately used as (Mo Ibrahim Foundation, 4.10.2012) 21.9.12 The International Day of Peace was a tool to facilitate an environment and insti- n http://www.moibrahimfoundation.org/en/pressrelease/media- celebrated under the theme ‘Sustainable Peace tutions that will ensure a genuine, peaceful centre/press-releases/mo-ibrahim-foundation-makes-special- for a Sustainable Future’. Marking the Day, the free and fair election. They call for elections to award-to-archbishop-desmond-tutu-recognising-lifelong- commitment.html Zimbabwe Human Rights NGO Forum partici- be held in line with the SADC Principles and pated in a ‘clean-up for peace’ exercise, held an Guidelines for Democratic Elections and the AU International Day of Peace march in Epworth, Declaration on Principles Governing Democratic 12.10.12 The Zimbabwe Human Rights NGO and issued a Joint Statement with member Elections Forum issued a Press Statement following organisation, the Catholic Commission for (Zimbabwe Lawyers for Human Rights: Statement, an International Conference on Transitional Justice and Peace (CCJP). 21.9.2012) Justice in Zimbabwe. Participants drawn from The statement notes that four years since n http://www.thezimbabwean.co.uk/human-rights/60971/ across the board agreed the following five point the signing of the Global Political Agreement, on-international-day-of-peace.html?utm_source=thezim&utm_ action plan including: victims of past human rights violations are still to medium=homepage&utm_campaign=latestarticles n The establishment of a Transitional see justice while the average Zimbabwean is still Justice National Working Group uncertain as to what the future holds. It notes that 24.9.12 The Zimbabwe Human Rights Associ- n Research, documentation and archiving the Unity Government has failed to bring a halt ation (ZimRights) commemorated the Interna- n Advocacy for policy and legislation to violence, accountability to the perpetrators or tional Day of Peace by stating that there will be n Rehabilitation of survivors justice to the victims. The Forum and CCJP call no desirable future in Zimbabwe without peace. n Institutional reform. for natural resources to be used for the benefit of ZimRights reiterated that most of the initiatives (Zimbabwe Human Rights NGO Forum: Press all Zimbabweans and not to finance violence, that which could contribute to peace, including the Statement, 12.10.2012) children be sent to school and not recruited into Zimbabwe Human Rights Bill and the Electoral n http://www.hrforumzim.org/pressreleases/a-time-for-action- militias, that national budgets focus on build- Amendment Bill and the draft constitution; press-statement-on-the-just-ended-international-conference- ing human capacity and not deadly weapons. It amongst a number of others; are all still pend- on-transitional-justice-in-zimbabwe-3/ n https://www.facebook.com/ZHRNGOFORUM highlights the need for all Zimbabweans to work ing and need to be finalised. together for a safe, just and prosperous future. (Zimbabwe Human Rights Association: Statement, (Zimbabwe Human Rights NGO Forum: Statement, 24.9.2012) 2.11.12 Transitional justice is a powerful 21.9.2012) n http://www.zimrights.co.zw/index.php?option=com_con catalyst to strengthen the rule of law based on n http://www.hrforumzim.org/pressreleases/statement-on- tent&view=article&id=76:international-peace-day- firm human rights foundations. Addressing the-international-day-of-peace/attachment/statement-on-the- statement&catid=5:news&Itemid=6 the UN General Assembly, Pablo de Greiff, the international-day-of-peace-2012/ UN Special Rapporteur on the promotion of

Human Rights & National Institutions 26 truth, justice reparation and guarantees of (including Zimbabweans) to register asylum non-re-occurrence, called on States to put into ECOSOC Rights claims without full documentation. practice their expressions of commitment to the (Lawyers for Human Rights, South Africa: 2012 idea that redressing the legacies of violations is Women and Children Detention Report, 4.9.2012) important for the rule of law, and for security n http://www.lhr.org.za/news/2012/global-campaign-end-child- and development. detention-focus-south-africa (Office of the High Commissioner for Human Rights: 3.9.12 The Justice for Children Trust (JCT) Report to UN General Assembly 2.11.12) Child Law Bulletin Volume 1 for August 2012 10.9.12 Two hundred and fifty members of n http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews. advocates that children’s rights, including the Women of Zimbabwe Arise (WOZA) demon- aspx?NewsID=12739&LangID=E rights of children in contact with the law, should strated in five different marches in Bulawayo to be included in the constitution. It observes demand the release of the COPAC draft of the that children in contact with the law are being constitution. WOZA call for a second All Stake- treated in a manner that does not promote their holders’ Conference and a referendum to take rehabilitation and re-integration into society place without further delay. but rather exposes them to conditions that (Women of Zimbabwe Arise: Press Statement: would harden them into dangerous and serious 10.9.2012) offenders. JCT argues that detention should n http://wozazimbabwe.org/?p=1341 only be used as a last resort (Justice for Children Trust Child Law: Bulletin Volume 10.9.12 A report on the plight of students and 1, August 2012, 3.9.2012) teachers in a primary school on a farm threat- n http://www.kubatana.net/html/archive/chiyou/120903jct. ened by closure from land invaders including a asp?orgcode=JUS003&year=0&range_start=1 senior prison officer and the Ministry of Lands and Rural Resettlement 4.9.12 The 2012 Detention Report launched (Zimbabwe Lawyers for Human Rights: Information by the Lawyers for Human Rights group in Alert, 10.9.2012) South Africa contains disturbing documenta- n http://www.kubatana.net/html/archive/hr/120910zlhr. tion on the detention and deportation of asy- asp?sector=hr&year=2012&range_start=1 lum seekers and refugees. Of particular con- cern is the detention of children and women 12.9.12 Zimbabwe Lawyers for Human Rights (including Zimbabweans) in inappropriate reported that police in Matabeleland have detention facilities in South Africa, including charged a villager with deliberately infecting his at the Lindela Repatriation centre near the wife with HIV. Zimbabwean border. The report also notes the (Zimbabwe Lawyers for Human Rights: HRDs Alert, denial of opportunities for asylum seekers 12.9.2012)

Human Rights & National Institutions 27 n http://www.kubatana.net/html/archive/hr/120912zlhr2. 24.9.12 Women of Zimbabwe Arise (WOZA) (Youth Forum: Press Statement: 18.10.2012) asp?orgcode=ZIM007&year=0&range_start=1 issued a Press Statement about the failure of n http://www.youthforumzim.org/index.php?option=com_conte the Joint Monitoring and Operations Committee nt&view=article&id=157:world-youth-day-for-democracy-let-us- 13.9.12 Police are reportedly denying human (JOMIC) to attend a meeting with WOZA. The qclaim-the-futureq&catid=39:alerts&Itemid=56 rights lawyers’ access to the two Women of meeting had been requested after WOZA sub- Zimbabwe Arise (WOZA) leaders; Jenni Wil- mitted letters of complaint about the Zimbabwe 28.10.12 Women of Zimbabwe Arise were liams and Magodonga Mahlangu. The pair was Republic Police recently. awarded the Bulawayo Agenda Courageous Awards detained at Bulawayo Central Police Station (Women of Zimbabwe Arise: Press Statement, 24.9.12) (Women of Zimbabwe Arise: 28.10.2012) on 12.9.12 following protests in Bulawayo and n http://www.kubatana.net/html/archive/women/120924woza. n http://www.thezimbabwean.co.uk/human-rights/61823/woza- Harare demanding an end to the disruption of asp?orgcode=WOM010&year=0&range_start=1 scoops-courageous-award.html peaceful demonstrations by the police and the holding of a Second All Stakeholders’ Confer- 11.10.12 To mark the first International Day 12.11.12 Seventy nine members and two ence on the Draft Constitution. of the Girl Child, the Research and Advocacy babies were arrested and detained at Bulawayo (Zimbabwe Lawyers for Human Rights, HRDs Alert, Unit (RAU) issued ‘Married too Soon?’, a report Central police station for staging a peaceful 13.9.2012) on child marriage in Zimbabwe. RAU states protest about the water situation in the city. n http://www.kubatana.net/html/archive/hr/120912zlhr1. that 21% of children, mostly girls, are married (Women of Zimbabwe Arise: Press Statement, asp?orgcode=ZIM007&year=0&range_start=1 before the age of 21. 12.11.2012) (Research and Advocacy Unit: ‘Married too Soon’, n http://wozazimbabwe.org/?p=1363 13.9.12 The Robert F Kennedy Center for 11.10.2012) Justice and Human Rights (RFK) strongly n http://www.zimbabwesituation.com/oct12_2012.html#Z23 21.11.12 The Students Solidarity Trust condemned the continued harassment of reported that the Deputy Sheriff attached human rights defenders, specifically, the arrest 11.10.12 Sokwanele marked the first Interna- property worth thousands of dollars over labour and arbitrary detention of members of the tional Day of the Girl Child with a blog and links disputes at the University of Zimbabwe. Stu- Women and Men of Zimbabwe Arise (WOZA) to a number of documents and reports on the dents are apparently calling for the resignation on 12.9.12 following peaceful protests around multiple challenges faced by girls in Zimbabwe. of the University’s Vice Chancellor. the stalled constitution reform process. The RFK (Sokwanele, 11.10.2012) (Students Solidarity Trust: Press Statement: denounced the continued crackdown on free- n http://www.sokwanele.com/thisiszimbabwe/archives/8128 21.11.2012) dom of assembly and other basic human rights n http://www.thezimbabwean.co.uk/news/ by the Zimbabwe Republic Police and observes 18.10.12 Commemorating the World Youth zimbabwe/62359/deputy-sherriff-attaches-university-of. that it is a foreboding trend. Day under the 2012 theme; ‘Claim the Future’, html?utm_source=thezim&utm_medium=homepage&utm_ campaign=listarticle&utm_content=readmorelink (Robert F Kennedy Centre for Justice and Human the Youth Forum, stated that in order for youth Rights: Press Statement, 13.9.2012) of Zimbabwe to claim the future, they need to n http://rfkcenter.org/protestors-arrested-during-peaceful- be able to participate in national processes, such 24.11.12 The Students Solidarity Trust (SST) demonstration-in-zimbabwe?lang=en as the constitution making process. marks the start of the16 Days of Activism

Human Rights & National Institutions 28 against Gender Based Violence with the dis- result of domestic violence. beat women who were kneeling to pray outside tressing news of a reported rise in the number (Pamberi Trust: Press Statement, 13.11.12 St Mary’s Roman Catholic Church. of children that are raped. It cites media and n http://www.kubatana.net/html/archive/artcul/121113pamberi. (Women of Zimbabwe Arise: Press Statement, police reports that 81 children were allegedly asp?sector=ARTCUL 29.11.2012) raped in a two week period in October and that n http://wozazimbabwe.org/?p=1390 most of the perpetrators were allegedly rela- 27.11.12 Five hundred members of Women of tives. The SST is concerned about the negative Zimbabwe Arise (WOZA) marched peacefully 27.11.12 As the 16 Days of Activism against effect of gender based violence on children to parliament to mark the 16 Days of Activism Gender Violence got underway, the Zimba- including on their school performance. against Gender Violence. On this occasion, there bwe Human Rights Association (ZimRights) (Students Solidarity Trust: Press Statement, were no arrests or beatings. The activists made a observed that with a referendum and elections 24.11.2012) number of demands including: imminent, measures are needed to prevent a n http://www.thezimbabwean.co.uk/human-rights/62419/16- n A strong Declaration of Rights including recurrence of the unwarranted violence and days-of-activism-against.html equality for women in accessing jobs and equal intimidation that characterised previous pro- pay, in land acquisition and in the inheritance cesses. Amongst a number of other demands, 24.11.12 There are reports of the arrest of a of property ZimRights called for an end to sexual and gen- care giver from the Shirley Cripps Children’s n The right to education including free der based violence by the police and military. Home. This follows allegations of child abuse and quality primary and affordable secondary (Zimbabwe Human Rights Association: Press in institutions under the administration of the education, and access to vocational training Statement, 27.11.2012) deposed Anglican breakaway leader, Nolbert n The right to protest and assemble freely n http://www.thezimbabwean.co.uk/human-rights/62427/ Kunonga. n The right to personal liberty towards-elimination-of-all-forms.html (Students Solidarity Trust: Press Statement, n Affordable and quality health care 24.11.2012) n Clean water and sanitation 27.11.12 The detention of innocent juveniles n http://www.thezimbabwean.co.uk/human-rights/62419/16- n Better provision for the rights of children together with parents or guardians is rampant days-of-activism-against.html n Labour rights including the right to strike in Zimbabwe according to Zimbabwe Lawyers (Women of Zimbabwe Arise: Press Statement, for Human Rights. They relate the sad tale of 13.11.12 In a statement marking the 16 Days 28.11.2012) Nigel Mupfuranhewe, only two when he was of Action against Gender Based Violence, the n http://wozazimbabwe.org/?p=1385 abducted with his parents by state security Pamberi Trust reports that statistics show that agents during the last election period in Octo- domestic violence remains a major problem in 29.11.12 In a second action commemorat- ber 2008. His parents’ captors denied knowl- Zimbabwe with 3.141 domestic violence cases ing the 16 Days of gender activism as well as edge of their whereabouts and only surrendered reported to police between January and May Women Human Rights Defenders Day, WOZA them to a police station in Harare in December 2012 alone. Particular shock is expressed at fig- members marched to police offices in Bulawayo 2008 after a search by human rights lawyers. ures which show that a shocking 60% of murder to deliver a letter of complaint about police Nigel spent three months in detention, witness- cases brought before the High Court are a direct harassment. En route, a truck load of riot police ing the torture of his mother who was amongst

Human Rights & National Institutions 29 a group of 19 others accused of trying to topple (The Youth Forum of Zimbabwe: Press Statement, the President. Released in January 2009 and 11.12.12) Education now aged six, Nigel’s parent report that his n http://youthforumzim.org/index.php?option=com_conte behaviour is abnormal, he has recurring halluci- nt&view=article&id=177:zimbabwe-youth-council-which- nations, is unable to attend school and cannot youths&catid=40:opinion 10.9.12 The plight of students and teachers socialise with his peers. in a primary school on a farm threatened by (Zimbabwe Lawyers for Human Rights; Legal Monitor: closure from land invaders is highlighted by Edition 170, 27.11.2012) Zimbabwe Lawyers for Human Rights (ZLHR). See also: thezimbabwean.co.uk ZLHR report that the threats come from a sen- n http://www.thezimbabwean.co.uk/human-rights/62434/ ior prison officer and the Ministry of Lands and in-the-deep-end-.html Rural Resettlement (Zimbabwe Lawyers for Human Rights: Legal Monitor 28.11.12 The Government of Zimbabwe has Edition 160, 10.9.2012) been urged to put in place measures to ensure n http://www.kubatana.net/html/archive/hr/120910zlhr. adequate protection of women against political asp?sector=HIVAID&year=0&range_start=1 violence by militia groups and uniformed forces in the run up to the next election. The calls were 21.9.12 The Zimbabwe Human Rights NGO made by the Zimbabwe Human Rights NGO Forum and Catholic Commission for Justice and Forum in a statement to commemorate The 16 Peace issue a joint statement calling for children Days of Gender against Gender- based Violence. be sent to school and not recruited into militias. (The Zimbabwe Human Rights NGO Forum: Press (Zimbabwe Human Rights NGO Forum Joint Statement, 28.11.2012) Statement: 21.9.2012) n http://www.hrforumzim.org/wp-content/uploads/2012/11/ n http://www.hrforumzim.org/wp-content/uploads/2012/09/ Statement-on-16-days-of-activism3.pdf Statement-on-the-International-Day-of-Peace-2012.pdf

11.12.12 The Youth Forum of Zimbabwe has 1.10.12 Zimbabwe Lawyers for Human Rights complained about the partisan nature of the (ZLHR) highlights medieval learning conditions Zimbabwe Youth Council (ZYC). They argue that at Zimunya Primary School at the heart of the the postponement of the launch of the National Chiadzwa diamond fields in Manicaland. ZLHR Youth Policy and the Annual National Youth observes that conditions at the school portray Awards was influenced by the timing of the the worst of the government’s neglect of chil- ZANU PF Conference which took place at the dren in ‘poor’ areas despite the proximity of the same time. They further ask which youths the school to natural resource wealth. ZYC represents. (Zimbabwe Lawyers for Human Rights: Legal Monitor:

Human Rights & National Institutions 30 Edition 163, 1.10.2012) of political violence in schools and particularly Religious Freedom n http://www.swradioafrica.com/Documents/LM%20Edition%20 on children who witness this violence. Noting 163.pdf that an estimated 70 000 teachers have fled the country, the report calls, amongst other things, 23.11.12 Following the Supreme Court rul- for the Government of Zimbabwe to immedi- 20.11.12 A Supreme Court ruling about the ing on the control of Anglican properties, it ately declare schools as ‘zones of peace’ and ownership of Anglican Church properties was has come to light that there has been perva- enact laws that criminalise the use or occupa- welcomed and hailed as a landmark. The ruling sive abuse of orphans at an orphanage and in tion of schools for political activities, especially brings to an end the six year assault on the schools that were under the control of Nolbert during the electoral period. religious freedom of the Anglican community. Kunonga. There are allegations that children (The Research and Advocacy Unit: Report: ‘Fragility’ The Supreme Court upheld an appeal by the were raped and not properly cared for, and and education in Zimbabwe: Assessing the impact of Church of the Province of Central Africa (CPCA) that some of the supporters of Kunonga have Violence on Education, 11.12.2012) led by Bishop Chad Gandiya. It set aside two deserted the properties and left children unat- n http://www.researchandadvocacyunit.org/ judgments that had been granted in favour of tended. There are also reports that service index.php?option=com_docman&task=cat_ ex-communicated Nolbert Kunonga which had charges went unpaid and institutions were left view&Itemid=90&gid=48&orderby=dmdate_published entitling his breakaway group to control Angli- to fall into a state of disrepair. The Zimbabwe can Church properties. Human Rights Association (ZimRights) strongly (Zimbabwe Lawyers for Human Rights: Press condemns the abuse of vulnerable children. It Statement, 20.11.2012) urges the recently created Zimbabwe Human n http://www.thezimbabwean.co.uk/human-rights/62292/ Rights Commission to urgently start work and supreme-court-decision-ending-unprecedented.html to investigate the alleged abuses. (Zimbabwe Human Rights Association: Press 21.11.12 A Statement welcoming the Statement, 23.11.2012) Supreme Court decision on the ownership of n http://www.zimbabwesituation.com/nov23_2012.html#Z7 Anglican properties was released by Bishop Chad Gandiya of the Diocese of Harare. It 23.11.12 A traditional chief in Buhera, Mani- announces a thanksgiving Service to be held in caland faces charges for raping a fourteen year Africa Unity Square on 16.12.12 marking the old girl left in his care by her mother. return of the Bishop and his restoration in the (Zimbabwe Human Rights Association: Press Anglican Cathedral in Harare. The statement Statement, 23.11.2012) notes that the Church will take legal proceed- n http://bulawayo24.com/index-id-news-sc-national-byo-21885. ings to ensure that scattered priests and their html families are restored to Church rectories, congregations are restored to their places of 11.12.12 There is new report about the effects worship, and those who occupied properties

Human Rights & National Institutions 31 are evicted without further delay. at the issuance of unfair final demands on (Crisis in Zimbabwe: Press Statement, 21.11.2012) Water, Sanitation Harare residents to pay for water consumption n http://www.crisiszimbabwe.org/index.php?option=com_con and Health based upon estimates. tent&view=article&id=1618:statement-by-the-bishop-of-the- (Harare Residents Trust, 6.10.2012) diocese-of-harare-in-the-church-of-the-province-of-central- n http://www.zimbabwesituation.com/oct9_2012.html#Z21 africa-cpca-at-harare-21-november-2012&catid=47:news 2.10.12 The UN backed Global Fund to fight AIDS, Tuberculosis and Malaria grants Zimba- 25.10.12 Zimbabwe Doctors for Human Rights 22.11.12 Veritas examined the meaning of the bwe US$84 million to help achieve its plans for warn of a potentially devastating public health Supreme Court ruling in favour of the official universal access to AIDS treatment by the end crisis around the national epidemic of typhoid Anglican Church against the breakaway former of2012. following the emergence of 13 new cases in Bishop of Harare, Nolbert Kunonga. (UN Global Fund: Press Statement, 2.10.2012) Chegutu. (Veritas Court Watch: 21/2012, 22.11.2012). n http://www.theglobalfund.org/en/mediacenter/ (Zimbabwe Doctors for Human Rights: Media n http://www.zimbabwesituation.com/nov23_2012.html#Z25 newsreleases/2012-10-02_Zimbabwe_to_Attain_Universal_ Interview: 25.10.2012) Coverage_of_AIDS_Treatment_by_the_End_of_the_Year/ n http://www.swradioafrica.com/2012/10/25/doctors-warn-of- 30.1.12 The deposed Anglican Bishop, Nolbert public-health-crisis-as-typhoid-reported-in-chegutu/ Kunonga, reportedly threatened to shoot jour- 4.9.12 The distressing trend of water supply nalists covering his eviction from the Anglican problems and deteriorating service delivery in 2.11.12 The Harare Residents Trust exposes Church premises in Harare. The Zimbabwe towns across Zimbabwe is noted by the Zimba- the failure of Harare City Council to provide Union of Journalists expressed concern for its bwe Human Rights Association (ZimRights). clean water to residents and notes that this has members following a number of violent inci- They call for urgent intervention to prevent finally been accepted by the Council. A snapshot dences against journalists. It urged journalists the recurrence of the typhoid and cholera. of the state of water provision in a variety of the to be cautious in dealing with public figures. ZimRights observes that whilst government suburbs of the capital is provided. (Zimbabwe Union of Journalists: Press Statement, expends money on luxurious vehicles, people (Harare Residents Trust: Water Barometer Oct 11th to 30.1.2012) have the right to water and sanitation. It calls 22nd 2012, 2.11.12) n http://www.zuj.org.zw/index.php?option=com_ on the responsible authorities to ensure that n http://www.hrt.org.zw/index.php?option=com_content&view= content&view=article&id=63:zuj-statement-on-harassment-of- these rights are enjoyed. article&id=109:water-barometer&catid=3:news-a-updates journalist-by-bishop-kunonga&catid=4:latest-publications (Zimbabwe Human Rights Association, 4.9.2012) n http://www.kubatana.net/html/archive/hr/121004zimright. 6.11.12 The difficulties that residents of Bula- asp?orgcode=ZIM038&year=0&range_start=1 wayo have in accessing water is highlighted by Zimbabwe Lawyers for Human Rights 6.10.12 The Harare Residents Trust (HRT) (Zimbabwe Lawyers for Human Rights: Legal Monitor: Water Barometer provided an update on the Edition 168, 6.11.2012) water situation in the capital during the period n http://www.swradioafrica.com/Documents/LM_168%20 from 21.9.12 to 5.10.12. HRT expresses shock November%2005%20Email.pdf

Human Rights & National Institutions 32 12.11.12 Seventy nine members and two babies were arrested and detained at Bulawayo Food / Food Security Disabled Central police station for staging a peaceful protest about the water situation in the city. (Women of Zimbabwe Arise: Press Statement, 10.10.12 The UN Food and Agriculture Organ- 5.9.12 The government is called to act on 12.11.2012) isation released a report on the State of food reported collapse of the Copota School and n http://wozazimbabwe.org/?p=1363 insecurity in the world. workshop for the blind in Masvingo. The (UN Food and Agriculture Organisation: 10.10.2012) school has been providing education and voca- 21.11.12 The scarcity of water in suburbs n http://www.fao.org/publications/sofi/en/ tional services for visually impaired children around and just outside Harare has become so since 1956. ZimRights observes that visually severe that towns like Ruwa have apparently 19.10.12 The South African Civil Society Infor- impaired persons are a group that deserve gone two months without a single drop of water. mation Service published a blog entitled ‘Food special arrangements and have an equal right to There are also media reports of four deaths from Security in Crisis: Lessons for South Africa from earn a decent living. typhoid in the Harare suburb of Glenview. Zimbabwe? ‘ (Zimbabwe Human Rights Association: 5.9.2012). (Combined Harare Residents Association: Weekly (South African Civil Society Information Service: Blog, n http://www.kubatana.net/html/archive/hr/121005zimright. Newsletter, 21.11.12) 19.10.2012) asp?sector=ECON&year=0&range_start=1 n http://www.thezimbabwean.co.uk/news/zimbabwe/62361/ n http://www.sacsis.org.za/site/article/1461 service-delivery-update.html

12.12.12 An alert warning of the risk of typhoid, cholera and dysentery was issued to residents of several Harare suburbs. Reports indicate the presence of salmonella-typhea bac- terium in the underground water in Glenview, Dzivarasekwa, Mufakose, Budiriro and High- fields. Typhoid has reportedly caused 5 deaths in Glenview and residents in these areas are urged not to use water from unprotected wells. (The Combined Harare Residents Association: Service Delivery Update, 12.12.2012) See also thezimbabwean.co.uk n http://www.thezimbabwean.co.uk/news/zimbabwe/62723/ typhoid-cholera-and-dysentery-alert.html

Human Rights & National Institutions 33 Local Board and the Police were in direct viola- Internally Displaced tion of the United Nations Basic Principles and Persons Guidelines on Development Based Evictions and Displacement. (Zimbabwe Lawyers for Human Rights: Press 16.10.12 Grave concern is expressed as reports Statement, 29.10.2012) that the homes of over 200 Epworth families n http://www.zlhr.org.zw/index.php?option=com_ were bulldozed and demolished on 14.10.12. content&task=view&id=54&Itemid=122 The demolitions were apparently described by the Harare City Health Director as a ‘blitz 24.10.12 A new publication about the develop- to regularise shops and restore sanity’. They ment challenge in addressing internal displace- prompted concerns of another mass demolition ment in Africa explores development initiatives similar to ‘Operation Murambatsvina’. to alleviate internal displacement caused by (Harare Residents Trust: Media Interview with Short conflict, violence and natural disaster. Wave Radio Africa: 16.10.2012) (Internal Displacement Monitoring Centre: Internal n http://www.swradioafrica.com/2012/10/16/200-epworth- Displacementin Africa, a Development Challenge: homes-bulldozed-as-harare-announces-a-blitz/ 24.10.2012) n http://www.internaldisplacement. 30.10.12 The callous demolition of family org/8025708F004CFA06/(httpPublications)/ homes in Epworth that took place on 14.10.12 E00D7371D9262111C1257A1B0030B2F4?OpenDocument is being challenged in a landmark Supreme Court case brought by Zimbabwe Lawyers for 6.11.12 Residents whose homes were demol- Human Rights on behalf of six Epworth res- ished in Epworth are reported to be struggling idents. The manner and constitutionality of to survive in the open without shelter as the demolitions undertaken by the Epworth Local early rains begin. Lawyers report that the Board is being questioned. Lawyers note that Epworth Local Board have been defiant in justi- the affected individuals not only lost all their fying the demolition of residents’ homes, saying belongings in a manner that was reminiscent that the demolitions were justified because the of ‘Operation Murambatsvina’, but also had to residents were illegally built on land reserved suffer the indignity of being rendered homeless. for industrial purposes. They argue that their clients were put through (Zimbabwe Lawyers for Human Rights: Legal Monitor: inhuman and degrading treatment by the Gov- Edition 168, 6.11.2012) ernment and that proper procedure was not fol- n http://www.swradioafrica.com/Documents/LM_168%20 lowed, including that the actions of the Epworth November%2005%20Email.pdf

Human Rights & National Institutions 34 apparently been denied access to food and con- n http://www.crisiszimbabwe.org/index.php?option=com_conten Prisons tact with lawyers and family. ZINASU expresses t&view=article&id=1658%3Ahuman-rights-abuses-in-zimbabwe- concern for the welfare of the students given prisons-exposed&catid=47%3Anews&Itemid=209 the ‘filthy and pathetic’ prison conditions. There 10.9.12 A landmark Supreme Court case chal- is apparently a lack of access to clean water lenges the ill-treatment of prisoners while in and ablution facilities and an increased risk of detention and seeks an order for prison officials diseases such as cholera and typhoid to respect the rights of detainees living posi- (Zimbabwe National Students: Alert, 2.10.2012) tively with HIV/AIDS to access medication. n http://www.voazimbabwe.com/content/zimbabwe-students- (Zimbabwe Lawyers for Human Rights, Legal Monitor: union-arrests-courts-courts/1518981.html Edition 160, 10.9.2012) n http://www.kubatana.net/html/archive/hr/120910zlhr. 29.10.12 Tryvinne Musokeri, the Secretary asp?sector=hr&year=2012&range_start=1 General of the Zimbabwe National Students Union (ZINASU), was remanded in custody in 27.9.12 As the trial of the 29 Glenview resi- Hwahwa Prison. dents accused of the murder of Inspector Petros (Crisis in Zimbabwe Coalition: Press Statement: Mutedza got underway, one of the accused; Sol- 29.10.2012) omon Madzore; issued a heart rending message n http://www.crisiszimbabwe.org/index.php?option=com_conten from inside Chikurubi Prison. In it he describes t&view=article&id=1554:zinasu-secretary-general-languishes-in- the foul prison conditions and urges all those hwahwa-prison&catid=38:fp-rokstories over 18 to go and register to vote. (Solomon Madzore: Press Statement, 27.9.2012) 30.11.12 Three political prisoners shared their n http://http.www.zimbabwesituation.com/sep28_2012. chilling experiences of life inside Zimbabwe’s html#Z15 prisons during a recent event in Harare’s Book Café in Harare hosted by the Crisis in Zimbabwe 2.10.12 The Zimbabwe National Students Coalition. The three narrated the appalling Union (ZINASU) expresses deep concern for the state of prisons including absence of proper welfare of ZINASU Secretary General, Tryvinne toilets, unsanitary leg irons, lack of proper food, Musokeri and 3 colleagues arrested on 28.9.12 overcrowding and particularly unsanitary con- for allegedly being in contempt of court and ditions for female prisoners. All three stressed organising an illegal demonstration. The four the need for prison guards to receive human are in custody in Hwahwa Remand Prison. A rights education. magistrate in Gweru remanded them for an (Crisis in Zimbabwe Coalition: Special Report, indefinite period on 3.10.12. Tryvinne has 30.11.2012)

Human Rights & National Institutions 35 24.11.12 Both Houses of Parliament will resume 4.12.12 The 2013 Budget was fast -tracked Economy sitting on 27.11.12. The budget debate will resume and approved by Parliament on 27.11.12 prior in the House of Assembly on 27.11.12 following to adjournment of both Houses of Parliament the presentation of the 2013 National Budget until Tuesday, 5.2.112 19.9.12 Following the release of a 2011 report Statement and tabling of the 2013 Estimates of (Veritas: Bill Watch 53/2012, 4.12.2012) into the extent of Zimbabwe’s debt, which is Expenditure by the Minister of Finance. A high- n http://www.thezimbabwean.co.uk/news/ reportedly estimated to be $7bn, the Zimba- light of the proposed expenditures is provided by zimbabwe/62675/2013-budget-goes-through-parliament. bwe Coalition on Debt and Development and Veritas html?utm_source=thezim&utm_medium=homepage&utm_ campaign=listarticle&utm_content=textlink Jubilee Debt Campaign held a public meeting to (Veritas: Bill Watch 52/2012, 24.11.2012) interrogate the question ‘Beyond Mugabe: Debt, n http://www.kubatana.net/html/archive/legisl/121126veritas. Justice and Development in Zimbabwe’, asp?sector=LEGISL&year=0&range_start=1 (The Jubilee Debt Campaign: 19.9.2012) n http://www.jubileedebtcampaign.org.uk/?lid=17 24.11.12 The 2013 National Budget Statement and Estimates of Expenditure for fiscal year 21.9.12 The Zimbabwe Human Rights NGO 2013 presented by the Minister of Finance on Forum and Catholic Commission for Justice and 15.11.12 were made available to view on the Peace issue a joint statement calling for national website of the Ministry of Finance. budgets to focus on building human capacity (Ministry of Finance: 2013 National Budget and and not deadly weapons. Estimates of Expenditure 15.11.2012) (Zimbabwe Human Rights NGO Forum Joint n http://www.zimtreasury.gov.zw/index.php?option=com_ Statement: 21.9.2012) content&view=article&id=107&Itemid=71 n http://www.hrforumzim.org/wp-content/uploads/2012/09/ Statement-on-the-International-Day-of-Peace-2012.pdf 22.11.12 Zimbabwe has become a breeding ground for fraudsters and is one of the four 25.9.10 The International Monetary Fund countries in Africa that contributed to the bulk (IMF) concluded Article IV consultations with of fraud cases valued at US$ 2 billion in the first the Government of Zimbabwe. Followed the half of 2012. These revelations come in a report consultations the IMF urged the Government released by the global auditing firm KPMG in its to review foreign direct investment policies and second and updated Africa Fraud Barometer. laws in order to increase investment. (KPMG: Africa Fraud Barometer, 22.11.2012) (The International Monetary Fund: Public Information n http://www.kpmg.com/Africa/en/IssuesAndInsights/Articles- Statement, 25.9.2012) Publications/Press-Releases/Pages/KPMG-Barometer-assesses- fraud-risk.aspx n http://www.imf.org/external/np/sec/pn/2012/pn12113.htm

Human Rights & National Institutions 36 1.10.12 Zimbabwe Lawyers for Human Rights 21.11.12 The Kimberly Process Civil Society Natural Resources (ZLHR) highlights medieval learning conditions Coalition in Zimbabwe walked out of a meeting at Zimunya Primary School at the heart of the organised by the Minister of Mines and Mining Chiadzwa diamond fields in Manicaland. ZLHR Development after the Mines Minister attacked 4.9.12 Israeli diamond analyst Chaim Even-Zo- observes that conditions at the school portray civil society for working against the interests of har issued a report on the implication of the the worst of the government’s neglect of chil- the country. The meeting was meant to review changes, (including the ‘Zimbabwe precedent’) dren in ‘poor’ areas despite the proximity of the the diamond mining conference in Victoria that will be debated at the Kimberly Process school to natural resource wealth. Falls. Mines Minister. Certification Scheme (KPCS) Plenary meeting (Zimbabwe Lawyers for Human Rights: Legal Monitor: (The Crisis in Zimbabwe Coalition: Press Statement, to be held in Washington in November 2012. Edition 163, 1.10.2012) 21.11.2012) The KPCS Plenary will debate and vote on new n http://www.swradioafrica.com/Documents/LM%20Edition%20 n http://www.crisiszimbabwe.org/index.php?option=com_con proposals for the definition of conflict diamonds 163.pdf tent&view=article&id=1616:civil-society-walks-out-on-mines- which would give the KP the power to make key minister-mpofu&catid=47:news decision based on human rights conditions in 29.10.12 There are reports of illegal gold min- member countries. ing in the Midlands town of KweKwe. The Crisis 23.11.12 Stakeholders in the Zimbabwe Dia- (Chaim Even-Zohar: 4.9.2012) check source in Zimbabwe Coalition observes the linkage mond Mining Conference berated the ‘shadowy’ n http://www.israelidiamond.co.il/English/news. between ZANU PF patronage programmes and and ‘mafia-like’ activities at the Marange dia- aspx?boneId=2523&objid=1173 the illegal exploitation of natural resources. mond mines. There were calls for an improve- (Crisis in Zimbabwe Coalition: Press Release, ment in the Kimberly Process in order to tackle 21.9.12 Civil society calls for natural resources 29.10.2012) issues of corruption and beneficiation in Zimba- to be used for the benefit of all Zimbabweans n http://www.crisiszimbabwe.org/index.php?option=com_cont bwe’s diamond mining. and not to finance violence. The Zimbabwe ent&view=article&id=1552%3Azanu-pf-granting-illegal-mining- (Crisis in Zimbabwe Coalition: Press Statement, Human Rights NGO Forum and Catholic Com- rights-for-patronage&catid=47%3Anews&Itemid=189 23.11.2012) mission for Justice and Peace state that children n http://www.crisiszimbabwe.org/index.php?option=com_cont should be sent to school and not recruited into 21.11.12 Zimbabwe and the issue of conflict ent&view=article&id=1628%3Astakeholders-call-for-kimberly- militias and that national budgets should focus diamonds are amongst the issues that will be process-improvement&catid=47%3Anews&Itemid=187 on building human capacity and not deadly discussed by the Plenary meeting of the Kim- weapons. berly Process which takes place in Washington, 23.11.12 Bulawayo South MP Eddie Cross pre- (The Zimbabwe Human Rights NGO Forum / Catholic USA from 27-30.11.12. A paper on conflict sented a paper the Zimbabwe Diamond Mining Commission for Justice and Peace: Joint Press diamonds and the agenda for the meeting is Conference Statement: 21.9.2012) available on the Kimberly Process website. (Eddie Cross: Paper, 23.11.12) n http://www.hrforumzim.org/wp-content/uploads/2012/09/ (Kimberly Process Plenary meeting: agenda and n http://www.swradioafrica.com/eddie-cross-paper-to-diamond- Statement-on-the-International-Day-of-Peace-2012.pdf documentation: 21.11.2012) conference/ n http://www.kimberleyprocess.com/

Human Rights & National Institutions 37 30.11.12 Zimbabwe has been deemed as being compliant with the conditions laid down by the Kimberly Process and monitoring of Zimbabwe will now lapse according to the Final Commu- nique of the Kimberly Process Plenary meet- ing that took place in Washington DC from 27-30.11.12 (Kimberly Process: Final Communique, 30.11.2012) n http://www.kimberleyprocess.com/documents/10540/ 49668/2012%20Washington%20Plenary%20Communique.pdf

5.12.12 In the 7th instalment of the Sok- wanele land series, Mandivamba Rukuni exam- ines structural transformation and the primacy of smallholder agriculture. This piece looks forward at the role that agriculture might play in re-growing Zimbabwe’s economy. (Sokwanele: Land Series No. 7, 5.12.2012) n http://www.sokwanele.com/structural-transformation-and- the-primacy-of-smallholder-agriculture-moving-on%20

8.12.12 A new World Bank report examines national and regional development scenarios for investments in hydropower and irrigation in the eight countries, including Zimbabwe, through which the Zambezi River flows. (World Bank: Report: ‘The Zambezi River Basin: a Multi-Sector Investment Opportunities Analysis) n http://web.worldbank.org/WBSITE/EXTERNAL/COUNTRIES/ AFRICAEXT/ZIMBABWEEXTN/0,,contentMDK:22785278~ menuPK:50003484~pagePK:2865066~piPK:2865079~theSite PK:375736,00.html

Human Rights & National Institutions 38 The Executive Director, P.O. Box 9077, Harare Member Organizations of the Zimbabwe Partners 8th Floor Blue Bridge North, Eastgate, Harare Human Rights NGO Forum include: Telephone: +263 4 250511 Fax: +263 4 250494 Amnesty International (Zimbabwe) Zimbabwe Election Support Network E-mail: [email protected] (ZESN) Catholic Commission for Justice and Peace in Zimbabwe Crisis in Zimbabwe Coalition (Crisis) International Liaison Office, Gays and Lesbians of Zimbabwe Veritas. 1B Waterlow Road, London N19 5JN E-mail: [email protected] Justice for Children Trust Counselling Services Unit (CSU) Telephone: 00 44 207619 3641 Legal Resources Foundation Media Institute of Southern Africa Media Monitoring Project of Zimbabwe Non-violent Action and Strategic for Social Change Research and Advocacy Unit Student Solidarity Trust Transparency International (Zimbabwe) Women of Zimbabwe Arise Zimbabwe Association of Crime Prevention and the Rehabilitation of the Offender Zimbabwe Association of Doctors for Human Rights Zimbabwe Association of Human Rights Zimbabwe Civic Education Trust Zimbabwe Lawyers for Human Rights Zimbabwe Peace Project (ZPP) Zimbabwe Women Lawyers’ Association