HUMAN No. 10 January 2001 RIGHTS MONITOR

being, including food, clothing, housing, medical care Editor’s Introduction and necessary social services, to security in the event of In this issue, we deal with the problems associated with unemployment, sickness, disability, widowhood, old age the Bikita West by-election as well as looking at or other lack of livelihood (Article 25). Zimbabweans‘ ‗second-generation‘ economic rights. is in an economic hole still being dug by the We deeply regret having to report the death of Government, and can offer – never mind guarantee – few Ropafadzo Manyame of the MDC, as a result of the if any of these ‗rights‘ which it recognises. Bikita West by-election violence. She died in Harare two If we start with property rights, the land issue is days after polling, having been severely assaulted a week much disputed. Government claims to have resettled 72 earlier. We extend to her family and friends our sincere 000 people on 2,5 million hectares. But it has made little if condolences. any provision to help the new settlers to buy seed and We would like you to let us know about human fertiliser. That has been left to companies like Cottco, rights abuses. Please include your full name and address if which offer loans to farmers. The Government admits it you want us to answer otherwise we will not know who to has no money for infrastructure such as roads, boreholes, address and send replies to. (Our address is at the end.) schools, clinics. With the aim of developing a strong human rights From the viewpoint of the commercial farmers who culture in Zimbabwe, we want to know about and expose used to own the land which Government has acquired on especially those human rights abuses that are not reported its own terms, they have been ‗arbitrarily deprived‘ of in the press. Information regarding unlawful killings, their property. The Land Acquisition Amendment Act assaults, torture and other gross violations of requires Government to pay only for ‗improvements‘, not Zimbabweans‘ civil rights is appreciated. But we also the land itself. One-quarter of the value of improvements want to know when people cannot get birth certificates or must be paid on acquisition, another quarter within two identity documents, when property rights and work years, and the remaining half before five years have entitlements are violated, and when nothing is done about passed. But the 2001 budget did not provide even for one- people who do not have access to health services and quarter of the compensation for improvements on the 3 schooling. 000 farms designated. Again, we remind everyone that the Legal Unit of the Representing farm-workers (a group much larger Human Rights NGO Forum offers legal advice and the than those to be resettled), both the General and Amani Trust offers psychological counselling to anyone Agricultural Plantation Workers Union (GAPWUZ) and who has suffered from torture or organised (including the Farm-workers Action Group severely criticised ‗fast- political) violence. Both are located at 1 Raleigh Street tracking‘ resettlement. They have suggested that two of (off Rotten Row), Harare. every three farm-workers will lose their jobs. This means that 240 000 farm-workers will be out of work. Their 1,5 Economic Rights million dependants will have no money and no land on which to grow their food. In Mashonaland Central alone, Zimbabwe adheres to the United Nations‘ Universal 43 000 workers have already lost their jobs on 600 farms. Declaration of Human Rights. The UDHR specifies the Many are ‗foreigners‘ who have lived all of their adult following economic rights: lives in Zimbabwe. They cannot simply ‗go home‘ without  to own property and not be arbitrarily deprived of it money or identity papers. Some were asked to pay Z$500 (Article 17); to ‗war veterans‘ occupying the farms if they wished to be  to social security and realisation of economic, social and resettled. cultural rights indispensable for dignity (Article 22); Turning to urban employment, experts estimate that  to work, to free choice of employment, to just and over 100 000 jobs were lost during 2000. Moreover, many favourable conditions of work, to protection against companies still in business went onto short-time and cut unemployment, to equal pay for equal work without wages. Only 35% of Harare‘s workers are still formally discrimination, to just and favourable remuneration employed. The rest are trying to survive in ‗informal‘ jobs, ensuring an existence worthy of human dignity, to form but over half of those who lost their jobs can no longer and join trade unions for the protection of worker afford their basic needs. By October 2000, the Poverty interests (Article 23); Datum Line for a family of six was nearly Z$11 000 per  to rest and leisure, including reasonable limitation of month, well above the average wage. Contrary to UDHR working hours and periodic holidays with pay (Article Article 23, we have no unemployment insurance or relief. 24); If the civil service is ‗downsized‘ as promised by the  to a standard of living adequate for health and well- Minister of Finance and Economic Development in his 2001 budget, the urban jobless may total between quarter The health of Zimbabwe‘s economically-active and half a million ex-workers by the end of this year. people is a dismal story, even though public health hinges The 2000 budget of Z$120,4 million for food aid and chiefly on the respect of human rights. Timothy Stamps drought relief was all paid to the GMB to meet its losses noted that his ministry required at least Z$22 billion on the Grain Loan Scheme, which no longer exists. simply ‗to restore health care to the most basic levels‘. He Parliament was assured that the elderly would be assisted got less than half that amount in the 2001 budget. In 1999, by the Department of Social Welfare. From what funds 160 000 people (over 3 000 per week) died from AIDS. they may be assisted is unclear. And as a major food crisis Every fourth Zimbabwean adult and an even higher looms, in future the State will feed the able-bodied only in proportion of pregnant women are HIV+. Mother-child return for work. transmission accounts for 60 000 new HIV+ cases each Regarding our basic right to eat, the State has failed year. Zimbabweans miserably. In 1998, its policy crippled the Our public health record is getting worse. Harare‘s Grain Marketing Board financially, so that in 1999, the air pollution exceeds levels approved by the World Health GMB could not afford to pay for the crops which farmers Organisation, causing unnecessary breathing disorders. delivered to it. In October 2000, private investors bought Safe and adequate water supplies are a problem in Harare, Z$1,4 billion of GMB bonds, at 80% interest, to pay Bulawayo, Chiredzi, Masvingo, Beit Bridge and many (mostly small peasant) farmers for the crop delivered a other urban centres, not to mention the countryside. Apart year earlier. By late November 2000, as the new planting from the recurrent threat of cholera everywhere, industries season ended, only one-third of this money had been paid continue to discharge raw sewage and toxic chemicals into to farmers. So, of course they could not plant without local rivers supplying towns with their drinking water and money to buy seed and fertiliser. farmers with their irrigation water. In February 2000, Cyclone Eline wiped out standing Looking at our ‗right‘ to social security in retirement crops over much of southern Zimbabwe. From August is equally depressing. Local authorities, parastatals and 2000, at least 200 families survived on natural bush foods private companies were all reported to be behind in paying with no Government assistance. The Red Cross fed 300 their staff contributions to pension funds, including the 000 victims of Cyclone Eline for most of last year. The National Social Security Authority (NSSA). Dependants cyclone also damaged houses and infrastructure. The of deceased employees were reported to be destitute, estimated cost of repairing roads was Z$210 million, but because pension contributions had not been remitted for Government found only Z$42 000 for years. NSSA was intended to provide retirement security to repair 179 bridges, 27 dams, and hundreds of kilometres for all, but excludes civil servants, domestic workers and of roads. There was also considerable damage in the self-employed. Retired farm-workers, who often lack Manicaland and Matabeleland South. The State‘s failure to identity cards, experience difficulties and delays when repair its roads made it very difficult to transport into these claiming their benefits from NSSA. From 2001, pension areas agricultural inputs for the new growing season. funds will pay a withholding tax of 15% of profits on their In the 2000-1 growing season, there has been a drop investments, leaving less to be distributed to pensioners. of 36,5% in the total area planted with all types of maize. Pension funds have also been arm-twisted by law to invest The area under white maize, which we prefer to eat, fell by in Government stocks and bonds on which the real interest 45%. Before this year‘s floods in the northern districts, we rate is heavily negative. Future pensioners will have even were hoping for a June harvest of 1,1 million tonnes, bigger financial problems than pensioners have today. compared to the 1,9 million tonnes we would normally eat And even though individually we may look after our in a year. The rest will have to be imported. But we have money carefully, we Zimbabweans are very heavily no foreign currency to pay for it. So we will probably go indebted. Our Government has indebted each one of us by hungry. Every seventh child under the age of five is over Z$12 000 through its domestic debt and another already malnourished. Z$20 000 on its foreign debt. The total State debt, after So much for our economic rights to food. What about devaluation, is over Z$390 billion. clothing? Well, Zimbabweans can no longer afford to buy Not all of us are prudent in our financial affairs. In new clothes, which is mainly why clothing factories have 2000, over 7 000 individuals and 2 800 companies closed and the textile industry is on short-time. Even the defaulted by over Z$1 billion on loans and hire purchase flea markets are doing poor trade in secondhand mazitye. agreements. Demand for shoes – even cheap canvas shoes – has We are, of course, among the world‘s most heavily- dropped by 25% during 2000. Rural people can no longer taxed people, even though we get so little for our taxes. In afford shoes. 2000, of all the money Government received in taxes, 32% And shelter? Nearly four of every five Harare came from individuals as income tax, sales tax accounted residents are lodgers. The national housing backlog is for 21%, and company tax for 13%. In 2001, these figures estimated by the MDC at two million units. Government are expected to be 37,5%, 21% and 8,8% respectively, as admits to only one million on the national housing waiting individual Zimbabweans pay even more heavily for their list, not including those whose rural homes were destroyed profligate Government. In 2000, Government was unable by the floods. to refund Z$35 million to individual taxpayers. Perhaps it may reassure some that our increasingly Indicating the gravity of the economic crisis, the nasty and brutish lives will also be much shorter. AIDS construction industry was reportedly on the brink of plus poverty have lowered our life expectancy by 20 years. collapse. Tourism has collapsed. In manufacturing, 400 — 2 — firms closed while the rest operated at less than 30% of Zanu-PF deployed an estimated 2 000 war veterans. Led their capacity. Nine-tenths of Zimbabwe‘s gold mines by Chenjerai Hunzvi and Joseph Chinotimba, they camped were considering closing. Commercial agriculture, on at schools and government offices in the constituency. which the rest of our economy depends very heavily, is Chinotimba‘s involvement in the campaign violated his unlikely to recover from ‗fast-track‘ resettlement. bail conditions on charges of attempted murder. He was What policies might get us out of this hole? The overall required to remain at an undisclosed Harare address and approach must abandon political patronage and respect our was not allowed to address any political gathering. human rights. Government must stop spending money it However, the police did not charge him for violating these doesn‘t have, especially on imported luxuries consumed conditions. Also leading the Zanu-PF campaign to by the ‗elite‘. Cash budgeting alone is unlikely to achieve ‗cleanse the area of anti-Zanu-PF elements‘ were Minister this goal. The MDC has recommended fiscal responsibility of Youth, Gender and Employment Creation, Border Gezi legislation and firing financial controllers who exceed and Shuvai Mahofa, Zanu-PF‘s MP for Gutu South. their budgets. The Constitution might also be amended to Allegations of vote buying followed Zanu-PF‘s require a two-thirds majority to pass the annual budget and distribution of ‗money for projects‘ to voters required to any supplementaries. To protect our own economic rights, declare their allegiance to the party. Vote buying is a we must make it much more difficult for Government to flagrant violation of the Electoral Act. tax us so heavily and spend our tax money on things that Led by their security chief Job Sikhala, the MDC do not benefit us – like corruption in buying fuel, and retaliated against Zanu-PF‘s violence. Youths from Harare fighting other people‘s wars. were imported to help campaign and protect MDC Secondly, Government must stop offloading its supporters. On 30 December, Bernard Gara of Zanu-PF financial responsibilities onto communities, local was killed in a clash involving both Zanu-PF and MDC authorities and NGOs. Communities alone cannot cope supporters. The MDC candidate, local businessman with AIDS. NGOs alone cannot remove children from Bonnie Pakai, withdrew from active campaigning in early Zimbabwe‘s streets or support the aged. If the Minister of January. The MDC feared he would be killed after Finance continues, as in 2001, to give only Z$300 million receiving death threats. for development of our communal lands, we will become a After Bernard Gara was stabbed and later died, over nation chronically hungry and poor. 100 MDC youths were arrested. The Human Rights Forum What must happen is that we invest our tax money in received 22 reports from individuals assaulted and/or infrastructure, skills, and production, in order that we tortured by ZRP, CID and CIO officers while they were produce and consume more of what we wish to have. That detained at Zaka Police Station. Nine were not fed for the is what economic growth is all about. Only with growth four days they were detained. Seven were among 13 will we fully realise our economic rights set out in the youths dumped in Gonarezhou National Park after having UDHR. been detained, tortured and interrogated for four days. The main method of torture used was severe beating. However, By-election Violence: Bikita there were also six reports of beatings on the soles of the West feet (falanga). This form of torture causes continuous, extreme pain. Sexual torture was also reported, including The death of the Movement for Democratic Change MP, one case of genitals being burnt with cigarettes. Victims Amos Mutongi, caused the by-election held on 13 and 14 were also suspended from handcuffs and leg irons in January 2001. Relatively low levels of violence had been which they were held. reported in Bikita West during the June 2000 There were numerous violations of human rights parliamentary elections. The only incident reported in the protected in our Constitution. The perpetrators have not press was the shooting of one MDC youth in the leg. yet been brought to justice. Attacks were deliberately The by-election was critically important to both carried out during darkness to avoid identification. Bikita parties. Zanu-PF wanted to show they still hold power in West police admitted receiving 21 reports of political rural Zimbabwe and lost Bikita West in June 2000 only violence, but said that they were unable to make any because the MDC had been underestimated. They also arrests, sometimes because they had no transport. In some want to regain a two-thirds majority in Parliament in order instances, police were reported to have been present at and to be able to change the Constitution. The MDC needed to taken part in the violence against MDC supporters. hold onto this rural constituency to demonstrate its As the violence escalated, local people in the credibility in a stable if not growing supporter base. constituency lived in fear as the MDC, Zanu-PF and war It was reported that by 2pm on 14 January, 22 889 veterans engaged in violent clashes throughout December people had cast their votes. However, in the final result and early January. Homes were destroyed and property only 20 646 votes were counted. No explanation was worth millions of dollars damaged. Chickens, money, given for this reduced figure by the Registrar-General. watches and valuables were stolen in nocturnal raids. Nearly 5 000 voters were turned away and 633 ballot People were assaulted. Both Zanu-PF and the MDC papers were spoilt. Voter turnout rose to 51,9%, participated in the violence, but in 35 of 46 incidents, apparently favouring Zanu-PF. Retired Colonel Claudious Zanu-PF was named as the violator. Mukova (Zanu-PF) polled 12 993 votes against Bonnie Villagers were forced to buy party cards, to take their Pakai‘s 7 001 for the MDC. identity cards for registration and to attend Zanu-PF rallies This result was heavily influenced by the political and pungwes (all-night meetings). They were told that if violence inflicted on Bikita West. From December 2000, they did not vote for the ruling party the country would — 3 — return to war; that those who did not vote for the ruling one other violation. party would be discovered during the counting process Table 1: January 2001: Civil rights violations reported and dealt with - including by the withdrawal of drought in Zimbabwe’s press, including those resulting from relief. The elderly were especially threatened with political violence technologies they did not understand. Villagers were beaten up, usually at night after political gatherings. There Type of Violation ordinary political total were numerous reports of forced entry and door-to-door unlawful killings: total 9 1 10 assaults on villagers identified as supporting the ‗wrong‘ (by ZRP) (2) (0) (2) party, people being taken into the bush or mountains, beaten unconscious and left there. attempted killings 4 5 9 Violence was concentrated at Bikita Minerals, unlawful detention >31 22 >53 and Business Centres, Nyika assault by state officers 4 19 23 Growth Point, and , , Ziki, and Zanu-PF/ZNLWVA 0 >16 >16 Nerumudzo. Some businessmen boarded up their shops MDC 0 3 3 while others left the area. disappearance/kidnap 3 7 10 Human Rights Generally firearms offences: total 4 0 4 As usual, we look at what has happened to Zimbabweans‘ (by ZRP) (1) 0 (1) human rights in the month of January 2001, and this (by others) (3) 0 (3) analysis is based only on press reports. There was both death threats 1 >9 >10 pre- and post-election violence in Bikita West during the by-election. death penalty 3 0 3 political intimidation 0 >5 >5 1. Civil rights torture 0 >124 >124 As usual, we start with the overall picture. Of the 36 child abuse 1 0 1 reported cases of non-political civil rights violations child sex abuse / rape 1 0 1 (involving over 81 separate victims), 13 were rural and the rest urban. A further 299 violations of individuals‘ civil political discrimination 16 0 16 rights occurred as a result of political violence, in 41 property-related 4 88 92 reported incidences. Table 1 lists both the ‗ordinary‘ and Total victims 81 299 380 the ‗political‘ violations of civil rights from all of these > means more than reports.

Who were the victims of civil rights abuses? 2. Political rights Eight children and 42 adults were among the individual Again, many cases involved multiple victims, hence the victims of ‗ordinary‘ civil rights abuses. The only case of large total of individual violations in Table 1. The child sex abuse involved a girl. In three cases, including unbalanced pattern continued in which mainly adult men one each of eviction and interference with freedom of were both victims of and responsible for political violence. movement, plus three school closures, the victims were a No children were identified as victims, and there were mixture of adults and children of both sexes. only three named women in the total. There were over 195 Among the known adult victims were 62 males and victims identified as MDC compared to only three Zanu- three females. Those who were killed included one PF members in the total of 299. woman, two boys and six men. In 12 cases Zanu-PF and ‗war veterans‘ acted In another case of Zimbabwe abusing refugees, 30 together as perpetrators of violence, with one instance of were detained, before their deportation, following the State involvement as well. In another six cases only Zanu- death of DRC President Laurent Kabila. PF was reported to be responsible. Five cases involved the MDC. Four cases involved the state (ZRP, CIO and the Who violated civil rights? Zimbabwe Prison Service). In two cases of bombed In five cases the violators were unknown or unnamed. The property (the Daily News printing presses and a Tauya worst offender against Zimbabweans‘ civil rights was bus), the assailants have not yet been unidentified. again the State, in 18 of 36 cases, involving the CIO, Over half (22 of 41) the reported incidents occurred police, various ministries, and the judiciary which in Masvingo province, where the Bikita West by-election sentenced three people to death. In seven cases private accounted for 18 cases reported in the press and 46 in individuals violated others‘ civil rights, and in one the total. Harare (with seven cases) was the next most violent Harare City Council razed illegal housing. In four cases province, followed by Mashonaland East (4) and the Zimbabwe National Liberation War Veterans Mashonaland Central (3). Association was involved. Zanu-PF was responsible for

The Human Rights Monitor is produced by the Zimbabwe Human Rights NGO Forum (known as the ―Human Rights Forum‖) and is distributed free of charge through its member ngos. — 4 —

The Human Rights Forum can be contacted c/o telephone nos: 792222; 737509; 731660. The physical address: Suite 1, 1 Raleigh Street (cnr Rotten Row), Harare — mail address: P O Box 5465, Harare and email: [email protected]

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