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"Our Hands Are Tied" Erosion of the Rule of Law in Zimbabwe – Nov
“Our Hands Are Tied” Erosion of the Rule of Law in Zimbabwe Copyright © 2008 Human Rights Watch All rights reserved. Printed in the United States of America ISBN: 1-56432-404-4 Cover design by Rafael Jimenez Human Rights Watch 350 Fifth Avenue, 34th floor New York, NY 10118-3299 USA Tel: +1 212 290 4700, Fax: +1 212 736 1300 [email protected] Poststraße 4-5 10178 Berlin, Germany Tel: +49 30 2593 06-10, Fax: +49 30 2593 0629 [email protected] Avenue des Gaulois, 7 1040 Brussels, Belgium Tel: + 32 (2) 732 2009, Fax: + 32 (2) 732 0471 [email protected] 64-66 Rue de Lausanne 1202 Geneva, Switzerland Tel: +41 22 738 0481, Fax: +41 22 738 1791 [email protected] 2-12 Pentonville Road, 2nd Floor London N1 9HF, UK Tel: +44 20 7713 1995, Fax: +44 20 7713 1800 [email protected] 27 Rue de Lisbonne 75008 Paris, France Tel: +33 (1)43 59 55 35, Fax: +33 (1) 43 59 55 22 [email protected] 1630 Connecticut Avenue, N.W., Suite 500 Washington, DC 20009 USA Tel: +1 202 612 4321, Fax: +1 202 612 4333 [email protected] Web Site Address: http://www.hrw.org November 2008 1-56432-404-4 “Our Hands Are Tied” Erosion of the Rule of Law in Zimbabwe I. Summary ............................................................................................................... 1 II. Recommendations ............................................................................................... 5 To the Future Government of Zimbabwe .............................................................. 5 To the Chief Justice ............................................................................................ 6 To the Office of the Attorney General .................................................................. 6 To the Commissioner General of the Zimbabwe Republic Police .......................... 6 To the Southern African Development Community and the African Union ........... -
The Zimbabwean Human Rights Crisis: a Collaborative Approach to International Advocacy
Davidson and Purohit: The Zimbabwean Human Rights Crisis: A Collaborative Approach to International Advocacy Note from the Field The Zimbabwean Human Rights Crisis: A Collaborative Approach to International Advocacy Lorna Davidson and Raj Purohitt Over the past several years, a serious human rights crisis has developed in Zimbabwe, where President Robert Mugabe employs repressive measures to cling to power. Civil society and human rights groups in Zimbabwe are among those who have come under attack by the government, and they face an extremely difficult challenge in bringing about positive change in the country. This article describes the development of the current crisis in Zimbabwe, focusing on the problems faced by local activists and organizations that seek to promote greater respect for human rights. It further discusses one recent initiative launched by the U.S.-based organization Human Rights First,which organized a consultative meeting of regional civil society groups in August 2003. The article addresses the role that can and should be played by internationalcivil society organizations, which must be sensitive to the contextual dynamics particularto the Zimbabwean crisis and to the region. If they are to be in any way effective, such organizations must act in supportof local actors and stronger regional networks. t Lorna Davidson is a Senior Associate in the Human Rights Defenders Program at Human Rights First in New York, N.Y, and Raj Purohit is the Legislative Director in the Washington, D.C. Office of Human Rights First. Human Rights First is the new name for the Lawyers Committee for Human Rights as of February 2004. -
Report on the 2000 Parliamentary Elections Zimbabwe 24 – 25 June 2000
Report On The 2000 Parliamentary Elections Zimbabwe 24 – 25 June 2000 Zimbabwe Election Support Network ZESN 2000 Parliamentary Elections Report 1 Acronyms ANP African National Party CSO Civil Society Organisation ED Election Directorate ESC Electoral Supervisory Commission LPZ Liberty Party of Zimbabwe MDC Movement for Democratic Change MOP Multi – Racial Open Party NDU National Democratic Union NGO Non Governmental Organisation NPA National People’s Alliance NPP National People’s Party PDF Popular Democratic Front UP United Parties ZANU Zimbabwe African National Union ZANU PF Zimbabwe African National Union (Patriotic Front) ZAPU Zimbabwe African People’s Union ZBC Zimbabwe Broadcasting Corporation ZCP Zimbabwe Congress Party ZESN Zimbabwe Election Support Network ZIP Zimbabwe Integrated Party ZPP Zimbabwe Progressive Party ZUD Zimbabwe Union of Democrats ZESN 2000 Parliamentary Elections Report 2 Table of Contents Members of the Zimbabwe Election Support Network ………………………… 5 Acknowledgements …………………………………………………………………6 Executive Summary ………………………………………………………………...8 Introduction ………………………………………………………..……………….10 The Report …………………………………………………………………………10 The Zimbabwe Election Support Network ………………………………………11 Working Methods ………………………………………………………………….11 The Election Context ……………………………………………………………...13 1. Constitutional and Legal Framework of the 2000 Parliamentary….….14 1.1 Constitutional Provisions ...……………………………………………….14 1.2 The Delimitation Commission and its Functions ……………………….15 1.3 The 2000 Delimitation Commission Report ……………………………15 -
Roy Leslie Bennett V. Emerson Dambudzo Mnangagwa
REPORTABLE (76) Judgment No SC 75/05 Civil Application No 16/05 ROY LESLIE BENNETT v (1) EMMERSON DAMBUDZO MNANGAGWA (in his capacity as the SPEAKER OF THE PARLIAMENT OF ZIMBABWE) (2) PAUL MANGWANA (3) JOYCE MUJURU (4) CHIEF MANGWENDE (5) WELSHMAN NCUBE (6) TENDAI BITI (7) THE ATTORNEY-GENERAL SUPREME COURT OF ZIMBABWE CHIDYAUSIKU CJ, SANDURA JA, CHEDA JA, MALABA JA & GWAUNZA JA HARARE, MAY 26, 2005 & MARCH 9, 2006 J. J. Gauntlett, SC., with him A.P. de Bourbon SC, for the applicant S.J.Chihambakwe, with him J Mhlanga, for the first, second, third and fourth respondents R. Gatsi, for the seventh respondent (intervener) CHIDYAUSIKU CJ: This application is brought in terms of s 24 of the Constitution of Zimbabwe. Section 24 of the Constitution provides that any person who alleges that the Declaration of Rights has been, is being, or is likely to be, contravened in relation to him may apply to the Supreme Court for redress. The applicant, who was at the relevant time a Member of Parliament, assaulted Mr Patrick Chinamasa, MP, Minister of Justice, Legal and Parliamentary Affairs, and Leader of the House (hereinafter referred to as “Chinamasa”). The assault took place in Parliament while it was in session. He was charged with, and found guilty of, contempt of Parliament. He was sentenced, by 2 S.C. 75/05 Parliament, to fifteen months’ imprisonment of which three months’ imprisonment was suspended on certain conditions. The applicant challenges that conviction and punishment on the following four grounds - 1. The proceedings violated his constitutional and fundamental right to a fair hearing by an independent and impartial court or other adjudicating body protected by s 18(1),(2) and (9) of the Constitution of Zimbabwe (“the Constitution”). -
The Mortal Remains: Succession and the Zanu Pf Body Politic
THE MORTAL REMAINS: SUCCESSION AND THE ZANU PF BODY POLITIC Report produced for the Zimbabwe Human Rights NGO Forum by the Research and Advocacy Unit [RAU] 14th July, 2014 1 CONTENTS Page No. Foreword 3 Succession and the Constitution 5 The New Constitution 5 The genealogy of the provisions 6 The presently effective law 7 Problems with the provisions 8 The ZANU PF Party Constitution 10 The Structure of ZANU PF 10 Elected Bodies 10 Administrative and Coordinating Bodies 13 Consultative For a 16 ZANU PF Succession Process in Practice 23 The Fault Lines 23 The Military Factor 24 Early Manoeuvring 25 The Tsholotsho Saga 26 The Dissolution of the DCCs 29 The Power of the Politburo 29 The Powers of the President 30 The Congress of 2009 32 The Provincial Executive Committee Elections of 2013 34 Conclusions 45 Annexures Annexure A: Provincial Co-ordinating Committee 47 Annexure B : History of the ZANU PF Presidium 51 2 Foreword* The somewhat provocative title of this report conceals an extremely serious issue with Zimbabwean politics. The theme of succession, both of the State Presidency and the leadership of ZANU PF, increasingly bedevils all matters relating to the political stability of Zimbabwe and any form of transition to democracy. The constitutional issues related to the death (or infirmity) of the President have been dealt with in several reports by the Research and Advocacy Unit (RAU). If ZANU PF is to select the nominee to replace Robert Mugabe, as the state constitution presently requires, several problems need to be considered. The ZANU PF nominee ought to be selected in terms of the ZANU PF constitution. -
Women in the 7Th Parliament Current Position of Zimbabwean Women in Politics
WOMEN IN POLITICS SUPPORT UNIT Women in the 7th Parliament Current Position of Zimbabwean Women in Politics WiPSU Providing support to women in Parliament and Local Government in Zimbabwe aiming to increase women’s qualitative and quantitative participation and influence in policy and decision making. WOMEN LEGISLATORS IN THE 7TH SESSION OF THE ZIMBABWEAN PARLIAMENT Parliament of Zimbabwe 2008 • Women make up 20% of the 7th Parliament of Zimbabwe. • 55 women legislators in the 7th Parliament out of a total of 301 legislators. • 23 women in the Upper House (Senate). • 34 Women in the Lower House (House of Assembly). • Edna Madzongwe is the current Senate President. • Nomalanga Khumalo is the Deputy Speaker of Parliament. WOMEN IN THE UPPER HOUSE OF PARLIAMENT Current Position of Women Number of Political Name of Senator Women in Senate Party • 23 Women Senators out 1 Siphiwe Ncube MDC (M) of a total of 91. 2 Agnes Sibanda MDC(T) • Constitutionally 3 more 3 Gladys Dube MDC(T) Senators are yet to be appointed.( there might be 4 Enna Chitsa MDC(T) more after the negotiations are 5 Sekai Holland MDC(T) concluded) • Women constitute 25% of 6 Rorana Muchiwa MDC(T) 2008 Upper House 7 Monica Mutsvangwa ZANU PF • President of the Senate 8 Kersencia Chabuka MDC (T) is female 9 Getrude Chibhagu ZANU PF 10 Angeline Dete ZANU PF 11 Alice Chimbudzi ZANU PF 12 Jenia Manyeruke ZANU PF 13 Gladys Mabhuza ZANU PF Senate President Edna Madzongwe ZANU PF 14 15 Chiratidzo Gava ZANU PF 16 Viginia Katyamaenza ZANU PF 17 Imelda Mandaba ZANU PF 18 Tambudzani Mohadi ZANU PF 19 Sithembile Mlotshwa MDC (T) 20 Tariro Mutingwende ZANU PF 21 Virginia Muchenge ZANU PF 22 Angeline Masuku ZANU PF 23 Thokozile Mathuthu ZANU PF 2 |WiPSU [email protected] or [email protected] WOMEN IN THE LOWER HOUSE OF PARLIAMENT Current Position of Political Women No. -
Consolidated Report for 1-15 March 2002
ZIMBABWE HUMAN RIGHTS NGO FORUM POLITICAL VIOLENCE REPORT: CONSOLIDATED REPORT FOR 1-15 MARCH 2002 19 March 2002 A report by the Zimbabwe Human Rights NGO Forum Political Violence Report: Consolidated Report 1-15 March 2002 Overview The Human Rights NGO Forum has been documenting political violence since May 2000. The Forum has since produced more than 20 reports on politically motivated violence in which an attempt has been made to establish the pattern of gross human rights violations occurring and who has been responsible for the violations. Reports published by the Human Rights Forum have detailed acts of both physical and psychological torture, property destruction and massive intimidation. It has been noted that the majority of violators have been supporters of the ruling party, Zanu- PF, state agents and war veterans. Supporters of the opposition party, MDC, have been identified as perpetrators in relatively few incidents and as yet no evidence has come to light that they are operating on an organized basis as have Zanu-PF militia. Militia bases were set up in the run up to the poll and remained operational with the acquiescence of the state. Nothing was done to ensure that these bases were dismantled and those responsible for violations committed at these bases prosecuted. This suggests connivance of the state in terrorising its own people. In one notable case a High Court order had to be issued to ensure the release of Mutoko couple Ephraim Tapa and Faith Mukwakwa who had been kidnapped on 16 February 2002 and held at Masimbe Base in Mutoko for a month. -
Are They Accountable? Examining Alleged Violators and Their Violations Pre and Post the Presidential Election March 2002
[report also available from: http://www.hrforumzim.com ] ZIMBABWE HUMAN RIGHTS NGO FORUM Are they accountable? Examining alleged violators and their violations pre and post the Presidential Election March 2002 A report by the Zimbabwe Human Rights NGO Forum December 2002 Zimbabwe Human Rights NGO Forum Are They Accountable? The Zimbabwe Human Rights NGO Forum (also known as the “Human Rights Forum”) has been in existence since January 1998. Nine non-governmental organisations working in the field of human rights joined together to provide legal and psychosocial assistance to the victims of the Food Riots of January 1998. The Human Rights Forum has now expanded its objectives to assist victims of organised violence, using the following definition: “Organised violence” means the inter-human infliction of significant avoidable pain and suffering by an organised group according to a declared or implied strategy and/or system of ideas and attitudes. It comprises any violent action, which is unacceptable by general human standards, and relates to the victims’ mental and physical well-being.” The Human Rights Forum operates a Legal Unit and a Research and Documentation Unit. Core member organisations of the Human Rights Forum are: · Amani Trust · Amnesty International (Zimbabwe) (AI (Z)) · Catholic Commission for Justice and Peace (CCJP) · Gays and Lesbians of Zimbabwe (GALZ) · Legal Resources Foundation (LRF) · Transparency International (Zimbabwe) (TI (Z)) · University of Zimbabwe Legal Aid and Advice Scheme · Zimbabwe Association for Crime Prevention and the Rehabilitation of the Offender (ZACRO) · Zimbabwe Civic Education Trust (ZIMCET) · Zimbabwe Human Rights Association (ZimRights) · Zimbabwe Lawyers for Human Rights (ZLHR) · Zimbabwe Women Lawyers Association (ZWLA) Associate Member: · Nonviolent Action and Strategies for Social Change (NOVASC) The Human Rights Forum can be contacted through any member organisation or through: 1. -
ZANU PF's Despotic Rhetoric
Their words condemn them: The language of violence, intolerance and despotism in Zimbabwe April 2007 2 Contents Introduction......................................................................................................................... 2 Gukuruhundi ....................................................................................................................... 3 Population size.................................................................................................................... 6 Threats against opposition and protestors and incitement to attack opposition supporters 7 Food riots 1998 ................................................................................................................. 21 Murambatsvina ................................................................................................................. 23 Court orders and the rule of law ....................................................................................... 24 Whites, white farmers, Jews and homosexuals................................................................. 25 Archbishop Pius Ncube .................................................................................................... 29 Threats against teachers.................................................................................................... 30 Media and journalists........................................................................................................ 31 Condoning torture............................................................................................................ -
Zimbabwe Apr2001
ZIMBABWE ASSESSMENT April 2001 Country Information and Policy Unit CONTENTS I SCOPE OF DOCUMENT 1.1 - 1.5 II GEOGRAPHY 2.1 - 2.4 III HISTORY 3.1 - 3.40 Foundations of Zimbabwe 3.1 - 3.5 Matabeleland Insurgency 1983-87 3.6 - 3.8 Elections 1995 & 1996 3.9 - 3.10 Movement for Democratic Change 3.11 - 3.12 Constitutional Referendum, February 2000 3.13 - 3.14 Parliamentary Elections, June 2000 3.15 - 3.23 - Background 3.15 - 3.16 - Election Violence & Farm Occupations 3.17 - 3.18 - Election Results 3.19 - 3.23 Post-Election Violence & Intimidation 3.24 - 3.34 Bikita West By-election 3.35 - 3.36 Legal Challenges to Election Results 3.37 - 3.40 IV INSTRUMENTS OF THE STATE 4.1 - 4.20 Political System: 4.1 - 4.14 - Administrative Structure 4.1 - 4.3 - ZANU-PF 4.4 - Movement for Democratic Change 4.5 - 4.7 - ZANU-Ndonga 4.8 - Liberty Party/Liberty Party of Zimbabwe 4.9 - 4.11 - Other Minor Parties 4.12 - 4.14 Legal Framework & Judiciary 4.15 - 4.20 V HUMAN RIGHTS SITUATION HUMAN RIGHTS: INTRODUCTION 5.1 - 5.4 Introduction 5.1 - 5.2 Human Rights Organisations in Zimbabwe 5.3 - 5.4 HUMAN RIGHTS: SPECIFIC GROUPS 5.5 - 5.32 Women 5.5 - 5.10 Children 5.11 - 5.13 Ethnic Groups: 5.14 - 5.26 - Shona 5.14 - Ndebele 5.15 - 5.16 - Whites 5.17 - 5.23 - Asians 5.24 - Other Ethnic Minorities 5.25 - 5.26 Homosexuals 5.27 - 5.32 - Canaan Banana's trial 5.32 HUMAN RIGHTS: OTHER ISSUES 5.33 - 5.83 Freedom of Assembly & Political Association 5.33 Freedom of Speech & of the Press 5.34 - 5.49 Freedom of Religion 5.50 - 5.54 Witchcraft 5.55 - 5.57 Freedom of Travel 5.58 - 5.59 Military Service 5.60 - 5.65 Prison Conditions 5.66 - 5.69 Health Issues: 5.70 - 5.77 - General 5.70 - 5.72 - HIV/AIDS 5.73 - 5.77 Land Reform 5.78 - 5.83 ANNEX A: CHRONOLOGY ANNEX B: MAIN POLITICAL ORGANISATIONS ANNEX C: PROMINENT PEOPLE PAST & PRESENT ANNEX D: FULL ELECTION RESULTS JUNE 2000 (hard copy only) BIBLIOGRAPHY I. -
Africa Briefing, Nr. 38: Zimbabwe's Continuing Self-Destruction
Update Briefing Africa Briefing N°38 Pretoria/Brussels, 6 June 2006 Zimbabwe’s Continuing Self-Destruction I. OVERVIEW increasingly close to martial law. It has banned rallies, marches and prayer meetings during the period surrounding the anniversary and put security forces With scheduled presidential elections less than eighteen on high alert. Growing numbers of students, religious months away, Zimbabwe faces the prospect of greater activists and members of other civil society groups have insecurity and violence. The economy’s free fall has been detained. deepened public anger, and the ruling Zimbabwe African National Union-Patriotic Front (ZANU-PF) party wants The rising influence of the military leadership in the to avoid a popular vote by using the legislature it controls succession struggle is troubling. Zimbabwe’s armed to establish a “transitional presidency” and appoint a forces have always been a pillar of the ruling party’s successor to Robert Mugabe, who has said he will retire. power but recent months have seen increasing military By engineering a transition, Mugabe also intends to secure involvement in the party machinery and policy formulation. a dignified personal exit that includes a retirement package The crumbling economy has meant a loss of government and security guarantees. However, such plans may come revenues, and the military rank and file are being paid less unglued due to wrangling within ZANU-PF. Through all and at irregular intervals, leading them into criminality, this the opposition Movement for Democratic Change allegedly including cross-border armed robbery. (MDC) has been weakened by a major leadership split. Government difficulties in paying the troops raise a question of whether the security forces can still be relied Low voter turnout in November 2005 deprived the newly on to put down protests. -
TABLE of CONTENTS Page(S) MEETINGS
TABLE OF CONTENTS Page(s) MEETINGS 110th Assembly 1. Inaugural Ceremony ..................................................................................................... 4 2. Participation ................................................................................................................ 4 3. Choice of an Emergency Item ........................................................................................ 5 4. Proceedings and Decisions of the Assembly and its Standing Committees ............................. 5 5. Amendments to the Statutes and Rules ........................................................................... 9 174th Session of the Governing Council 1. Membership ................................................................................................................ 9 2. Financial Results for 2003 ............................................................................................... 9 3. Financial Situation ......................................................................................................... 9 4. Amendments to the Statutes and Rules ........................................................................... 10 5. Cooperation with the United Nations System ................................................................... 10 6. Second World Conference of Speakers of Parliaments ......................................................... 10 7. Inter-Parliamentary Foundation for Democracy ................................................................... 11 8. Democracy