HUMAN RIGHTS MONTHLY Number 22 January 2002 “SEVENTEEN DEATHS TOO MANY” We regret to welcome you to the new-look Monitor with the news that in January 2002, deadly political violence ripped through Zimbabwe like a tornado. We extend our sincere condolences to the families and friends of the 17 men who were killed. We also hope that those who killed others for short-term political reasons will guilty of intentional murder. We at the Human Rights Monitor regard both murder and the death penalty as equally unacceptable violations of the right to life. Intentional killing of whatever kind is inhumane, whoever does it. January’s death toll includes the MDC’s Moffat Soka CHIWAURA, of Bindura, who was actually killed on 29 December 2001 after being abducted by Zanu-PF from his brother-in-law Trymore Midzi’s funeral. But very distressingly, his remains were found on Atherstone Farm (reportedly owned by Minister for State Security Nicholas Goche) only on 14 January this year. Two of the deceased were unnamed. They were farm guards who were shot and killed by those occupying Malikanga Ranch, in Mwenezi district. Mr CHITEHWE, of the Zimbabwe National Liberation War Veterans Association, was killed at a war veterans’ base camp on Green Valley Farm, near Epworth, by his colleagues, over a food dispute. The nine MDC supporters reportedly killed by Zanu-PF and/or ‘war veterans’ were Mthokozisi NCUBE, whose political affiliation was unknown but who was stabbed at an MDC rally in Bulawayo; Halaza Joseph SIBINDI, of Ward 5 in Tsholotsho; and Jameson SICWE of Sizangobuhle Village, Lupane; Richard CHATUNGA and Richard MAPHOSA / MAPOSA of Chigumisirwa Village in Bikita; Muchenje MPOFU (MDC chair of Mketi ward in Mberengwa East); Solomon NEMAIRE of Chiome, Makoni; Kuziva SANYAMAHWE, who taught at Kadyamadare School in Murehwa and died of head injuries after being assaulted in his home; and Kenneth MATOPE, who was abducted from his Guruve home by Zanu-PF youth after they did not find the MDC card they were looking for. The following day, Mr Matope was found dead on a footpath. We still don’t know whether Simwanja MIJONI belonged to the MDC or not, but he was found dead in a sanitary lane in Kwekwe after clashes between the MDC and the army and police. Three men were killed at Jerera growth point, in Zaka district. Gibson MASARIRA belonged to Zanu-PF. Atnos MAPINGURE was claimed as a member of both Zanu-PF and the MDC, while the political affiliation of Isaac MUNIKWA / MUUNIKWA was unknown. Of the 12 MDC members killed, 10 were known to have died at the hands of Zanu-PF and/or ‘war veterans’. One member of Zanu-PF and another who belonged to both parties were ‘suspected’ (by the state-controlled media) to have been killed by the MDC. MDC youths and leaders in Bikita, Zaka and Mwenezi were arrested on suspicion of three murders, but released without charge. Zanu-PF and/or members of the Zimbabwe National Liberation War Association (including farm occupiers) were reported to have been responsible for 12 of the 17 deaths – over 70%. The MDC was reported to be ‘suspected’ (on what grounds were never revealed) of responsibility for three (under 18%), state agents and unknown persons for one each. Five of these 17 deaths occurred in the southern provinces of Matabeleland North (2), Midlands (2) and Bulawayo (1). Whether intended or not, these killings reminded people again of the 1980s gukurahundi. The seven deaths in Masvingo province were unprecedented, and some at least may have resulted from Zanu-PF’s internal factioning there. Quite apart from the deaths, which are 17 deaths too many, the number of other human rights violations in January was also shocking as Zimbabwe headed towards her presidential election on 9-10 March 2002. The ‘big picture’ is shown in table 1. Table 1. Human rights violations during 2001 in Zimbabwe, including those resulting from political violence. Type of Violation Ordinary: Ordinary: Political: Political: Total reported unreported reported unreported Total reports 4 3 94 32 133 Total victims >25003 4 >5315 35 >30361 unlawful killings: total 1 1 17 0 19 (by state officers) 0 0 (1) 0 (1) attempted killings 0 0 2 0 2 unlawful detention 0 0 10 2 12 (by state) 0 0 (10) 0 (10) (by Zanu-PF/ZNLWVA) 0 0 (10) (2) (12) (by others) 0 2 0 0 2 assault by state officers 0 0 17 1 18 by Zanu-PF/ZNLWVA 0 0 >58 23 >81 by MDC 0 0 18 0 18 by others 0 0 0 3 3 torture 0 0 12 2 14 disappearance/kidnap 1 0 32 2 35 firearms offences: total 0 0 4 0 4 (by state officers) 0 0 0 0 0 (by others) 0 0 (4) 0 (4) death threats 0 0 1 0 1 death penalty 0 0 0 0 0 political intimidation 0 0 >5054 0 >5054 political discrimination 0 0 18 0 18 right to vote >25000 0 0 0 >25000 freedom of information 0 0 1 0 1 child abuse 1 0 0 0 1 child sex abuse / rape 0 0 0 0 0 school closure 0 0 16 0 16 property-related 0 1 55 6 62 > means more than Table 1 counts victims as well as incidents of violation, from both published and unpublished sources. Even if we strip out the unusual ‘big-number’ cases of lost voting rights and 5 000 people being forced to attend Zanu-PF rallies, it is clear that each incident in January 2002 still generated an average of two and a half victims. 2 The political violations were, as usual, unevenly distributed over Zimbabwe’s provinces, as shown in Table 2. The north (Harare and the three Mashonaland provinces) was the most violent and the south and west (Matabeleland), the least violent. Manicaland and Masvingo in the east and the central Midlands were the transitional zones of mid-level violence. Table 2. Distribution of ‘political’ violations by province. 0 5 10 15 20 25 30 Bulawayo 3 Harare 24 Manicaland 11 Mash Central 22 Mash West 21 Mash East 22 Masvingo 15 Mat North 5 0 Mat South Midlands 11 The long-established pattern of MDC victims and Zanu-PF / ‘war veteran’ perpetrators did not change in these 133 cases of political violations in January 2002. In 62 incidents the victims were MDC, compared to 14 for Zanu-PF. But Zanu-PF and/or the Zimbabwe National Liberation War Veterans Association provided the people responsible for the violence in 95 cases, compared to the MDC in 17 incidents. And the January 2002 violence was still predominantly a male affair, with 120 known male victims compared to 13 women. Tampering with Political Rights A number of categories of citizens were unconstitutionally deprived of their right to vote before the election. Among the first people affected were those remanded in custody and imprisoned. Patrick Chinamasa, Minister of Justice, Legal and Parliamentary Affairs, denied all prisoners the right to vote. He was quoted by The Herald of 15 January 2002 as saying ‘They will not vote because once one is in jail, he automatically loses the right to vote’. In fact the minister was being less than truthful. As the Human Rights Monitor explained in issue 9 (December 2000), there is no constitutional or legal bar to those remanded in custody or convicted prisoners serving less than six months – the majority – being allowed to vote. That such people ‘automatically’ lose their voting rights is an administrative abuse of their political rights made purely for the convenience of the State. But prisoners were not the only ones deprived of their right to vote. So too were 5 000 permanent residents who had renounced their Zimbabwean citizenship or failed to renounce foreign citizenship before the 6 January deadline. The Constitution of Zimbabwe (Schedule 3(3)(b)) gives voting rights to everyone who was permanently resident here before 31 December 1985. But the Registrar-General’s Office argued that when permanent residents became citizens, they forfeited their permanent residence and only resumed it after losing Zimbabwean citizenship. This is patent nonsense, in terms of the State’s own treatment of such people, and was apparently designed simply to deprive permanent residents of their votes. 3 Zimbabwe’s law of citizenship unconstitutionally distinguishes registered citizens (those born outside Zimbabwe) from citizens born in Zimbabwe. The Registrar-General’s Office discriminates against registered citizens. Born citizens get passports valid for 10 years. Any citizen who was not born in Zimbabwe gets only a five-year passport. And under section 13(1) of the Citizenship Amendment Act, if registered citizens are absent from Zimbabwe for five years continuously, they can have their citizenship cancelled. This does not apply to born citizens. Quite clearly, both the law and administrative practice discriminate against registered citizens on the basis of their non-Zimbabwean place of origin. Such discrimination is forbidden by our Constitution. Section 23(1) states: ‘(a) no law shall make any provision that is discriminatory either of itself or in its effect; and (b) no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of the functions of any public office or any public authority.’ Section 23(2) notes that for the purpose of these sub-sections, ‘a law shall be regarded as making a provision that is discriminatory and a person shall be regarded as having been treated in a discriminatory manner if, as a result of that law or treatment, persons of a particular description by race, tribe, place of origin, political opinions, colour, creed or gender are prejudiced – (a) by being subjected to a condition, restriction or disability to which persons of another such description are not made subject…’ The discrimination practised by the Registrar-General’s Office in fact treats registered citizens as permanent residents with the right to a passport.