Africa Report, Nr. 86: Zimbabwe
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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”). -
AC Vol 44 No 22
www.africa-confidential.com 7 November 2003 Vol 44 No 22 AFRICA CONFIDENTIAL KENYA 2 ZIMBABWE The best money can buy No chance, Mr President Party officials and military commanders are ignoring President ‘Why hire a lawyer when you can buy a judge?’ is a well-worn joke Mugabe’s orders to surrender their farms that the younger reformers in Several government ministers and senior military officers accused of grabbing farms are refusing to hand President Kibaki’s government want to make redundant. But their efforts them back to the state, according to a new report on land reform ordered by President Robert Mugabe. are being undermined by veteran Information Minister Jonathan Moyo, Local Government Minister Ignatius Chombo and 13 other politicians and business people who ministers have secured several farms in violation of the government’s ‘one man, one farm’ rule, the report are using the purge of the judiciary says. Details of ministers’ and officers’ holdings are contained in a confidential annexe to the main report, to destroy their opponents. which has been discussed in cabinet. Mugabe asked former Secretary to the Government Charles Utete to investigate the findings of an GHANA 3earlier land audit by the Minister of State in Deputy President Joseph Msika’s office, Flora Buka. This had found major abuses of the land resettlement programme by senior officials (AC Vol 44 No 4). Buka’s Politics get crude audit reported that some of the worst violations of the land reform policy were perpetrated by Mugabe’s The row over crude oil supplies to closest political allies, such as Air Vice-Marshall Perence Shiri, Minister Moyo and Mugabe’s sister, the state-owned Volta River Sabina Mugabe. -
Onslaught Against Human Rights Defenders in Zimbabwe in 2002
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. -
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. -
A Week of Protests - from Beitbridge to The
A week of protests - From Beitbridge to the shutdown How was the conflict reported? 1 Contents 1.Background 2. The Beitbridge protest 2.1 The events 2.2 Who were the protesters? 2.3 Why did they protest? 3. The Monday Protests 4. The Shutdown 4.1 Who was behind it? 4.2 The ruling party's response 4.3 What happened on the 6th? 4.4 SADC and the protests 5. The official narrative 5.1 The Zimbabwe Republic Police 5.2 POTRAZ 5.3 The Broadcasting Authority of Zimbabwe 6. Conclusion 2 1. Background The events in the seven days beginning 1 July 2016, starting with the protests in the border town of Beitbridge have been momentous in the history of Zimbabwe. The reportage of these events show that there is no one story on Zimbabwe, but several stories, told from various perspectives, and the citizen is found in the middle, battling to decipher the truth. These narratives presented by the traditional media houses, social and alternative (mainly online) media as well as official statements make truth a tenuous concept, as facts are sometimes lost in a sometimes-tinted view of the world. Questions that arise include, after all the stories have been told, does the world have a clear idea of the current crisis in Zimbabwe, its root causes, possible impact, key players and what the possible resolution will look like? Do we have a clear idea of what the Zimbabwean story is? What is the role of the media in all this? Professional journalism is called upon to be truthful, fair, accurate and balanced, playing a critical role in informing the public and promoting public accountability, two critical preconditions for democracy. -
National Youth Service Training
National youth service training - “ shaping youths in a truly Zimbabwean manner” [COVER PICTURE] An overview of youth militia training and activities in Zimbabwe, October 2000 – August 2003 THE SOLIDARITY PEACE TRUST 5 September, 2003 Produced by: The Solidarity Peace Trust, Zimbabwe and South Africa Endorsed nationally by: Crisis in Zimbabwe Coalition Zimbabwe National Pastors Conference Ecumenical Support Services Harare Ecumenical Working Group Christians Together for Justice and Peace Endorsed internationally by: Physicians for Human Rights, Denmark The Solidarity Peace Trust has a Board consisting of church leaders of Southern Africa and is dedicated to promoting the rights of victims of human rights abuses in Zimbabwe. The Trust was founded in 2003. The Chairperson is Catholic Archbishop Pius Ncube of Bulawayo, and the Vice Chairperson is Anglican Bishop Rubin Phillip of Kwazulu Natal. email: selvanc@venturenet,co.za or [email protected] phone: + 27 (0) 83 556 1726 2 “Those who seek unity must not be our enemies. No, we say no to them, they must first repent…. They must first be together with us, speak the same language with us, act like us, walk alike and dream alike.” President Robert Mugabe [Heroes’ Day, 11 August 2003: referring to the MDC and the possibility of dialogue between MDC and ZANU-PF] 1 “…the mistake that the ruling party made was to allow colleges and universities to be turned into anti-Government mentality factories.” Sikhumbuzo Ndiweni [ZANU-PF Information and Publicity Secretary for Bulawayo]2 “[National service is] shaping youths in a truly Zimbabwean manner” Vice President Joseph Msika [July 2002, speech at graduation of 1,063 militia in Mt Darwin]3 1 The Herald, Harare, 12 August 2003. -
Zimbabwe's Operation Murambatsvina
ZIMBABWE'S OPERATION MURAMBATSVINA: THE TIPPING POINT? Africa Report N°97 -- 17 August 2005 TABLE OF CONTENTS EXECUTIVE SUMMARY AND RECOMMENDATIONS................................................. i I. INTRODUCTION: OPERATION MURAMBATSVINA.......................................... 1 A. WHAT HAPPENED .................................................................................................................1 B. WHY IT HAPPENED ...............................................................................................................3 1. The official rationale..................................................................................................3 2. Other explanations .....................................................................................................4 C. WHO WAS RESPONSIBLE?.....................................................................................................5 II. INTERNAL RESPONSE ............................................................................................... 7 A. THE GOVERNMENT: OPERATION GARIKAI ............................................................................7 B. ZANU-PF ............................................................................................................................8 C. THE MDC.............................................................................................................................9 D. A THIRD WAY?...................................................................................................................11 -
POLITICAL VIOLENCE REPORT March 2007
POLITICAL VIOLENCE REPORT March 2007 10 May 2007 A report by the Zimbabwe Human Rights NGO Forum Zimbabwe Human Rights NGO Forum Political Violence Report: March 2007 OVERVIEW In instances reminiscent of September 20061, Zimbabwe again witnessed despicable levels of politically motivated violence perpetrated by state agents including the ZRP, CIO, alleged ZANU PF supporters and in some instances suspected MDC supporters. The Human Rights Forum notes that this report does not even cover the whole length and breadth of the violence that occurred in March. However, the report does show that the epitome of the violence was on 11 March. This was when opposition political party leaders, supporters, civil society activists, church leaders and scores of the general Zimbabwean public were brutalised and arrested for converging at Zimbabwe Grounds in Highfield for an intended prayer meeting. A number of the victims on that fateful day were incarcerated in police stations dotted across Harare. Furthermore, the ZRP shot and killed one Gift Tandari, NCA member, allegedly for being the ‘ring – leader’ in the running battles that ensued between the police and the people intending to have the prayer meeting. Following the violence on 11 March, an orgy of violence and a resurgence in abductions ensued, mainly perpetrated against human rights defenders, MDC supporters and leadership reportedly by state security agents. Another disturbing trend has been the abduction of MDC supporters by suspected CIO agents usually driving unmarked vehicles. The abductees in most instances have been dumped outside Harare after having been tortured. Cases of lawyers being physically and verbally assaulted whenever they visited their clients at police stations have been recorded. -
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.