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C O V I D - 1 9 & H U M A N R I G H T S 180 DAYS OF WHAT? LOCKDOWN • IMPUNITY • REPRESSION • CORRUPTION • 180 STORIES OF HUMAN RIGHTS VIOLATIONS A SUMMARY REVIEW OF THE FIRST 180 DAYS OF THE COVID-19 NATIONAL LOCKDOWN IN ZIMBABWE september 2020 180 DAYS OF WHAT? A SUMMARY REVIEW OF THE FIRST 180 DAYS OF THE COVID-19 NATIONAL LOCKDOWN IN ZIMBABWE september 2020 Published by The Zimbabwe Human Rights NGO Forum 64B Connaught Road, Avondale P. O. Box 9077, Harare, Zimbabwe Tel: +263 86 7700 8773 Email: [email protected] www.hrforumzim.org Report compiled by Fortune Kuhudzehwe and Jacqueline Rukanda-Pasi Edited by Dr Musa Kika, Wilbert Mandinde and Yassin Nhara This publication maybe reproduced for non-commercial use in any form provided due credit is given to the publishers, and the work is presented without any distortion. Copyright © 2020 Zimbabwe Human Rights NGO Forum ABOUT THIS REPORT ii 01. INTRODUCTION 1 02. A WAVE OF REGULATIONS 3 03. LOCKDOWN ENFORCEMENT 8 04. VIOLATIONS DURING THE LOCKDOWN 10 4.1. EXTRAJUDICIAL KILLINGS 11 4.2. GUNSHOTS 12 S 4.3. ASSAULTS 12 T 4.4. ATTACKS ON JOURNALISTS 13 4.5. ARBITRARY ARRESTS AND DETENTION 15 N 4.6. ABDUCTIONS 15 E 4.7. ARREST, INTIMIDATION AND T REPRISALS AGAINST LAWYERS 16 N 4.8. RAIDS 17 05. SOCIAL AND ECONOMIC RIGHTS 18 O 5.1. FOOD INSECURITY 18 C 5.2. RIGHT TO TRADE AND OCCUPATION 19 F 5.3. SAFE, CLEAN AND ADEQUATE WATER 20 06. CAPACITATION OF THE HEALTH SECTOR 21 O 07. CIVIL UNREST 23 E 08. MANDATORY QUARANTINE 25 L 09. CORRUPTION 27 10. HEAR THEM SPEAK 29 B 11.0 RECOMMENDATIONS 151 A 11.1. RECOMMENDATIONS CONCERNING T LAW ENFORCEMENT 151 11.2. RECOMMENDATIONS CONCERNING SOCIAL AND ECONOMIC RIGHTS 152 11.3. RECOMMENDATIONS CONCERNING CORRUPTION 152 11.4. RECOMMENDATIONS CONCERNING THE HEALTH SECTOR 153 i 180 DAYS OF WHAT? LOCKDOWN • IMPUNITY • REPRESSION • CORRUPTION ABOUT THIS REPORT This report covers the first 180 days of the national lockdown declared by President Emmerson Mnangagwa and has been in place since 30 March 2020. The report details human rights violations relating to the COVID- 19 lockdown. The report also features stories from citizens relating to their experiences during the lockdown. Information contained in this report was gathered through both primary and secondary data gathering. The Forum’s monitors and members provided information on what they were witnessing and attending to. The media reported many cases. The 180 stories were mostly documented through primary data gathering by the Forum Secretariat. ii 180 DAYS OF WHAT? LOCKDOWN • IMPUNITY • REPRESSION • CORRUPTION 01 INTRODUCTION On 17 March 2020, President Emmerson Mnangagwa declared a state of disaster in response to the COVID-19 pandemic. The declaration was in terms of section 27 of the Civil Protection Act [Chapter 10:06]. The declaration allowed the government to make emergency disaster response regulations and allocate financial and human resources to respond to the pandemic. On 27 March 2020, President Mnangagwa again addressed the nation and wherein he imposed a 21-day national lockdown which was to take effect from 30 March 2020. The national lockdown would subsist until 19 April 2020. Consequently, the Minister of Health and Child Care acting under section 68 of the Public Health Act [Chapter 15:17], promulgated several regulations to implement public health measures to curb the pandemic. On 18 April 2020 which was day 21 of the lockdown, the President extended the COVID-19 national lockdown by a further 14 days to 3 May 2020 as part of the Government’s response to the rising number of positive cases in the country. The announcement was immediately followed by the gazetting of Statutory Instrument (SI) 93 of 2020 - Public Health (COVID-19 Prevention, Containment and Treatment) (National Lockdown) (Amendment) Order, 2020 (No. 3). On 1 May 2020 which was day 33 of the national lockdown, President Emmerson Mnangagwa addressed the nation and extended the national lockdown by a further 14 days to 17 May 2020. This was followed by the gazetting of Statutory Instrument (SI) Statutory Instrument 99 of 2020 Public Health (COVID-19 Prevention, Containment and Treatment) (National Lockdown) (Amendment) Order, 2020 (No. 5) on 2 May 2020. On 16 May, President Mnangagwa announced the indefinite extension of the lockdown measures. According to the President, the country would remain under Level 2 of the lockdown. 1 180 DAYS OF WHAT? LOCKDOWN • IMPUNITY • REPRESSION • CORRUPTION The announcement that the country was Restriction measures under this level also under Level 2 came as a surprise to many. At meant that citizens were expected to stay at the initial stage when the lockdown was home, except to seek medical assistance, buy implemented, the President did not explain food, and receive other essential services. that the implementation of the lockdown Wearing a face mask in public spaces was to would come in various stages, nor was it remain mandatory. clarified how many stages the lockdown was made up of. Most importantly it was also not All public transportation services, except the explained what each stage of the national State-owned Zimbabwe United Passenger lockdown entailed. All these pointed to a lack Company (ZUPCO), remained suspended. of preparedness and lack of well thought Security personnel who had been deployed through strategies to deal with the COVID-19 across the country to ensure that the public pandemic in Zimbabwe. complied with the lockdown measures were to remain. Zimbabwe’s borders remained closed Nonetheless, the declaration of the “Level 2” to foreign nationals and public gatherings of lockdown meant that the government would more than 50 people continued to be assess the situation at two-week intervals. prohibited. On 17 March 2020, President Emmerson Mnangagwa declared a state of disaster in response to the COVID-19 pandemic. 2 180 DAYS OF WHAT? LOCKDOWN • IMPUNITY • REPRESSION • CORRUPTION 02 A WAVE OF REGULATIONS The national lockdown has been implemented through a sporadic wave of regulations, dealing with issues such as lockdown restriction measures and prohibition of gatherings, rent and mortgage payment deferrals, direct tax measures, formal and informal employment measures and economic stimulus measures. In total, the government has promulgated thirty-four (34) COVID-19 related legislative regulations to enact laws related to the pandemic as of 21 September 2020. The regulations are listed below, with the latest being on top of the list. § SI 2020-076 Civil Protection (Declaration of State of Disaster Rural and Urban Areas of Zimbabwe) (COVID-19) Notice, 20201 § SI 2020-077 Public Health (COVID-19 Prevention, Containment and Treatment) Regulations, 2020 § SI 2020-077 Public Health (COVID-19 Prevention, Containment and Treatment) Regulations, 2020 (Consolidated) § SI 2020-077 Public Health (COVID-19 Prevention, Containment and Treatment) Regulations, 2020 (Consolidation 2) § SI 2020-077 Public Health (COVID-19 Prevention, Containment and Treatment) Regulations, 2020 Consolidated as at 2020.06.12 § SI 2020-082 Public Health (COVID-19 Prevention, Containment and Treatment) (Amendment) Regulations, 2020 (No. 1) 1. Source – Veritas Zimbabwe Website available at https://www.veritaszim.net/covid-posts?page=1 3 180 DAYS OF WHAT? LOCKDOWN • IMPUNITY • REPRESSION • CORRUPTION § SI 2020-083 Public Health (COVID-19 Prevention, Containment and Treatment) (National Lockdown) Order, 2020 § SI 2020-083 Public Health (COVID-19 Prevention, Containment and Treatment) (National Lockdown) Order, 2020 (Consolidation No. 6) § SI 2020-084 Public Health (COVID-19 Prevention, Containment and Treatment) (Amendment) Regulations, 2020 (No. 1) § SI 2020-092 Public Health (Standards for Personal Protective Apparel, Materials and Equipment) Regulations, 2020 § SI 2020-093 Public Health (COVID-19 Prevention, Containment and Treatment) (National Lockdown) (Amendment) Order, 2020 (No. 3) § SI 2020-094 Public Health (COVID-19 Prevention, Containment and Treatment) (National Lockdown) (Amendment) Order, 2020 (No. 4) § SI 2020-096 Presidential Powers (Temporary Measures) (Deferral of Rent and Mortgage Payments During National Lockdown) Regulations, 2020) § SI 2020-096 Presidential Powers (Temporary Measures) (Deferral of Rent and Mortgage Payments During National Lockdown) Regulations, 2020 Consolidated (2020.06.12) § SI 2020-097 Presidential Powers (Temporary Measures) (Deferral of Rent and Mortgage Payments During National Lockdown) (Amendment) Regulations, 2020 (No. 1) § SI 2020-098 Public Health (COVID-19 Prevention, Containment and Treatment) (Amendment) Regulations, 2020 (No. 2) § SI 2020-099 Public Health (COVID-19 Prevention, Containment and Treatment) (National Lockdown) (Amendment) Order, 2020 (No. 5) § SI 2020-101 Public Health (COVID-19 Prevention, Containment and Treatment) (National Lockdown) (Amendment) Order, 2020 (No. 6) § SI 2020-102 Public Health (COVID-19 Prevention, Containment and Treatment) (National Lockdown) (Amendment) Order, 2020 (No. 7) 4 180 DAYS OF WHAT? LOCKDOWN • IMPUNITY • REPRESSION • CORRUPTION § SI 2020-103 Public Health (COVID-19 Prevention, Containment and Treatment) (Amendment) Regulations, 2020 (No. 3) § SI 2020-110 Public Health (COVID-19 Prevention, Containment and Treatment) (National Lockdown) (Amendment) Order, 2020 (No. 8) § SI 2020-115 Public Health (COVID-19 Prevention, Containment and Treatment) (National Lockdown) (Amendment) Order, 2020 (No. 9) § SI 2020-134 Public Health (COVID-19 Prevention, Containment and Treatment) (Amendment) Regulations,
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