ONSLAUGHT AGAINST HUMAN RIGHTS DEFENDERS IN ZIMBABWE IN 2002 A report by ZIMRIGHTS In cooperation with THE OBSERVATORY FOR THE PROTECTION OF HUMAN RIGHTS DEFENDERS A joint program of the FIDH and the OMCT On the basis of the information provided ZIMRIGHTS, Zimbabwe Lawyers for Human Rights (ZLHR), Zimbabwe Election Support Network (ZESN), and the Lawyers Committee for Human Rights (USA) February 2003 ________________________________________________________________________ The Observatory for the Protection of Human Rights Defenders An FIDH and OMCT venture - un programme de la FIDH et de l’OMCT - un programa de la FIDH y de la OMCT International Federation for Human Rights 17, Passage de la Main d’Or World Organisation Against Torture 75 011 Paris, France Case postale 21 - 8 rue du Vieux-Billard 1211 Genève 8, Suisse Onslaught Against Human Rights Defenders in Zimbabwe TABLE OF CONTENTS INTRODUCTION 1. HUMAN RIGHTS NGOs UNDER FIRE INTRODUCTION AND BACKGROUND THE PRIVATE VOLUNTARY ORGANISATIONS ACT AND NGOs 2. JOURNALISTS AS HUMAN RIGHTS DEFENDERS 3. LABOUR ACTIVISTS AS HUMAN RIGHTS DEFENDERS ZIMBABWE CONGRESS OF TRADE UNIONS (ZCTU) - Introduction and background - Specific events PROGRESSIVE TEACHERS UNION OF ZIMBABWE (PTUZ) 4. PRESIDENTIAL ELECTIONS AND HUMAN RIGHTS DEFENDERS a. Human rights defenders and Voter education b. Human rights defenders and election monitoring c. Human rights defenders and election days d. Abduction and detention of Arnold Tsunga and other observers 5. LEGAL ACTORS UNDER PRESSURE INTRODUCTION AND BACKGROUND SPECIFIC EXAMPLES a. Assault on Chipinge Magistrates Court after a ruling that was unfavourable to ZANU PF: b. Arbitrary search of Legal Firm, Gonese and Ndhlovu c. Demonstrations at Rusape Magistrates Court d. Law Society of Zimbabwe; Sternford Moyo and Wilbert Mapombere’s case e. Justice Blackie’s case GENERAL CONCLUSIONS RECOMMENDATIONS 2 Onslaught Against Human Rights Defenders in Zimbabwe INTRODUCTION Year 2002 has been marked by a high degree of political violence on the part of the security forces and members of the Zimbabwe African National Union – Patriotic Front (ZANU-PF), the party of President Robert Mugabe. The presidential elections in March, which lead to the re- election of President Mugabe, were denounced by observers and the international community, as unfair and not free. Numerous acts of violence were registered against supporters of the Movement for Democratic Change (MDC), the main opposition party. The human rights NGOs have also been banned from carrying out such tasks as civic education especially voter education, as well as election monitoring. Another crucial issue was the severe food shortage that the country experienced this year. In December, approximately 6 million people (out of a total population of 11.9 million) were estimated to have insufficient production, income and entitlement to be able to meet their minimum food requirements. Though it is true that a drought has in recent months affected all of Southern Africa, thus limiting the food availability, it is far from enough to explain the amplitude and the severity of the food shortage. Political factors, among which the lack of democratic control and an extreme politicization of the issue of land rights seem to be the main causes behind the crisis. The manner in which the “fast track” land redistribution program has been enforced seems indeed to serve only narrow political interests, and has de facto harmed the very population it was supposed to benefit, i.e. the poor black rural population1. This extreme polarisation of political life and the intolerance of the authorities towards any kind of dissent or independent voice have lead to numerous political opposition members and representatives of civil society being charged and arrested. In this context, human rights defenders have been under fire, be they members of human rights NGOs, journalists defending democracy and denouncing human rights violations, trade unionists, or even lawyers and judges who took independent and impartial decisions against the government. Human rights NGOs were subject to increasing defamation campaigns on the part of the authorities, who intensified the pressure against them in particular by issuing a notice, in September, urging them to stop their activities, if they failed to register under the Private Voluntary Organisations Act (See below). This move was strengthened by the adoption of extremely restrictive pieces of legislation such as the Public Order and Security Act (POSA) and the Access to Information and Protection of Privacy Act (AIPPA) in 2002, all of which contradict human rights instruments ratified by Zimbabwe. These two pieces of legislation were among the most significant assaults on the basic fundamental freedoms especially, the right to freedom of assembly and association, the right to freedom of movement and the right to freedom of expression and were used as repressive tools against human rights defenders. As a result, the situation lead to the international community expressing its deepest preoccupation. For example, the country was suspended from the Commonwealth in March 2002 following the grave breaches observed during the presidential elections, and the European Union adopted a package of sanctions in February 2002, including travel ban in the EU territory for Zimbabwean Ministers and Officials, as well as an arms embargo. The European parliament adopted four resolutions on Zimbabwe and the Council of the EU made a Declaration in December, following the arrest of trade unionists. However the UN Commission on Human 1 See press release of the FIDH, ZimRights and Solagral (a French NGO on food security issues), on 17 December 2002 3 Onslaught Against Human Rights Defenders in Zimbabwe Rights did not adopt any resolution on Zimbabwe in 2002, nor did the Commission on Human and Peoples’ Rights of the African Union. Very much alarmed by the increasing violations of the rights of human rights defenders in this context, ZimRights, supported by the Observatory, decided to publish the present report. The rights of human rights defenders and associations are guaranteed by the Universal Declaration of Human Rights, international and regional human rights instruments ratified by Zimbabwe - in particular the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and the African Charter on Human and Peoples’ Rights -, as well as by the Declaration on Human Rights Defenders2 adopted by the United Nations General Assembly in December 1998. Particular attention will be brought to this last Declaration in the present report. 1. HUMAN RIGHTS NGOs UNDER FIRE “For the purpose of promoting and protecting human rights and fundamental freedoms, everyone has the right, individually and in association with others, at the national and international levels: (b) To form, join and participate in non-governmental organizations, associations or groups”; Article 5 of the United Nations Declaration on Human Rights Defenders “Everyone has the right, individually and in association with others, to solicit, receive and utilize resources for the express purpose of promoting and protecting human rights and fundamental freedoms through peaceful means, in accordance with article 3 of the present declaration”. Article 13 of the United Nations Declaration on Human Rights Defenders BACKGROUND Since the year 2000 after the Constitutional referendum lost by the government3, the authorities have expressed dissatisfaction with the operations and activities of NGOs especially those in the human rights field. Those that have been specifically targeted and mentioned by name by government officials include Amani Trust, National Constitutional Assembly (NCA), Crisis Coalition, ZimRights, Zimbabwe Election Support Network (ZESN) Catholic Commission For Justice and Peace (CCJP), and Legal Resources Foundation (LRF). In 2002, a number of ordinary members of the human rights organizations have been arbitrarily arrested and detained. They were subsequently released in a number of cases without being charged. Where charges were brought the state has often failed to carry out a prosecution and 2 Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to promote and Protect Universally Recognized human Rights and Fundamental Freedoms 3 In February 2000, a referendum was organized by the Government in order to bring changes to the Constitution. The Government lost by 54,4 % of the votes against. 4 Onslaught Against Human Rights Defenders in Zimbabwe charges were often withdrawn before trial. Dr Lovemore Madhuku, chairman of NCA, has been detained four times, including three times for forty eight hours and then released. He has been under the constant surveillance of state agents who seem quite keen to disrupt his life as much as possible. Dr Francis Lovemore of Amani Trust was also arrested and detained before being granted bail. Tony Reeler, a director of Amani Trust, is now in exile. A ready example is also the over 100 ZESN election observers who were arrested in Manicaland during the March 2002 Presidential elections. Not a single case was successfully prosecuted and the majority of the cases have been concluded through withdrawal of charges before trial. The government has also attacked civil society in the state-owned media as shown by the following examples: 31/03/02 The Sunday Mail published a story attacking Amani Trust and alleging that ZimRights was investigating