Intro 2008.Fm

Total Page:16

File Type:pdf, Size:1020Kb

Intro 2008.Fm AFRICAN HUMAN RIGHTS LAW REPORTS 2008 2010 African human rights law reports 2008 Published by: Pretoria University Law Press (PULP) The Pretoria University Law Press (PULP) is a publisher at the Faculty of Law, University of Pretoria, South Africa. PULP endeavours to publish and make available innovative, high-quality scholarly texts on law and related disciplines in Africa. PULP also publishes a series of collections of legal documents related to public law in Africa, as well as text books from African countries other than South Africa. For more information on PULP, see www.pulp.up.ac.za Printed and bound by: ABC Press Cape Town To order, contact: PULP Faculty of Law University of Pretoria South Africa 0002 Tel: +27 12 420 4948 Fax: +27 12 362 5125 [email protected] www.pulp.up.ac.az ISSN: 1812-2418 © 2010 CONTENTS Editorial v User guide vi Abbreviations vii Case law on the internet vii TABLES AND INDEXES Table of cases ix Alphabetical table of cases xi Subject index xii International instruments referred to xxi International case law considered xxxi African Commission decisions according to communication xxxviii numbers CASES United Nations human rights treaty bodies 1 African Commission on Human and Peoples’ Rights 41 Sub-regional courts 169 Domestic decisions 221 iii EDITORIAL The African Human Rights Law Reports include cases decided by the United Nations human rights treaty bodies, the African Commission on Human and Peoples’ Rights and domestic judgments from different African countries. The Reports are a joint publication of the African Commission on Human and Peoples’ Rights and the Centre for Human Rights, University of Pretoria, South Africa. PULP also publishes the French version of these Reports, Recueil Africain des Décisions des Droits Humains. The Reports, as well as other material of relevance to human rights law in Africa, may be found on the website of the Centre for Human Rights at www.chr.up.ac.za. Hard copies of the Reports can be obtained from the Centre for Human Rights. Editorial changes have been kept to a minimum, and are confined to changes that are required to ensure consistency in style (with regard to abbreviations, capitalisation, punctuation and quotes) and to avoid obvious errors related to presentation. However, in the case of Ivorian Human Rights Movement (MIDH) v Côte d’Ivoire (2008) AHRLR 62 (ACHPR 2008) and Wetsh’okonda Koso and Others v Democratic Republic of the Congo (2008) AHRLR 93 (ACHPR 2008), in this volume more extensive edits have been done to ensure consistency with the French original. Cases from national courts that would be of interest to include in future issues of the Reports may be brought to the attention of the editors at: Centre for Human Rights Faculty of Law University of Pretoria, Pretoria 0002 South Africa Fax: + 27 12 362-5125 E-mail: [email protected] v USER GUIDE The cases and findings in the Reports are grouped together according to their origin, namely, the United Nations, the African Commission on Human and Peoples’ Rights and domestic courts. The Subject index is divided into two parts — general principles or procedural issues, and substantive rights. Decisions dealing with a specific article in an international instrument are to be found in the list of International instruments referred to. A table that lists International case law considered is also included. In these tables case references are followed by the numbers of the paragraphs in which the instruments or cases are cited. A headnote, to be found at the top of each case, provides the full original title of the case as well as keywords noting the primary issues in the case. These are linked to the keywords in the Subject index. Keywords are followed by the numbers of the paragraphs in which a specific issue is dealt with. In instances where the original case contains no paragraph numbers these have been added in square brackets. The date at the end of a case reference refers to the date the case was decided. The abbreviation before the date indicates the jurisdiction. vi ABBREVIATIONS ACHPR African Commission on Human and Peoples’ Rights AHRLR African Human Rights Law Reports CAT Committee Against Torture CCPR International Covenant on Civil and Political Rights ECOWAS Economic Community of West African States Community Court of Justice HRC United Nations Human Rights Committee KeHC High Court, Kenya SASCA South African Supreme Court of Appeal SADC Southern African Development Community Tribunal UgCC Constitutional Court, Uganda UgHC High Court, Uganda ZaSC Supreme Court, Zambia CASE LAW ON THE INTERNET Case law concerning human rights in Africa may be found on the following sites: United Nations High Commissioner for Human Rights www.ohchr.org African Commission on Human and Peoples’ Rights www.achpr.org African Court on Human and Peoples’ Rights www.african-court.org Centre for Human Rights, University of Pretoria www.chr.up.ac.za Oxford Reports on International Law (ORIL) www.oxfordlawreports.com Interights www.interights.org Association des Cours Constitutionelles www.accpuf.org Commonwealth Legal Information Institute www.commonlii.org Southern African Legal Information Institute www.saflii.org Court of Appeal, Nigeria www.courtofappeal.gov.ng vii Nigeria Internet Law Reports www.nigeria-law.org/LawReporting.htm Constitutional Court, South Africa www.constitutionalcourt.org.za viii TABLE OF CASES UNITED NATIONS HUMAN RIGHTS TREATY BODIES Human Rights Committee Algeria Madoui v Algeria (2008) AHRLR 3 (HRC 2008) Committee against Torture Tunisia Ali v Tunisia (2008) AHRLR 15 (CAT 2008) AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS Angola Institute for Human Rights and Development in Africa v Angola (2008) AHRLR 43 (ACHPR 2008) Côte d’Ivoire Mouvement Ivorien des Droits Humains (MIDH) v Côte d’Ivoire (I) (2008) AHRLR 62 (ACHPR 2008) Mouvement Ivoirien des Droits Humains (MIDH) v Côte d’Ivoire (II) (2008) AHRLR 75 (ACHPR 2008) Democratic Republic of the Congo Wetsh’okonda Koso and Others v Democratic Republic of the Congo (2008) AHRLR 93 (ACHPR 2008) Nigeria Socio-Economic Rights and Accountability Project v Nigeria (2008) AHRLR 108 (ACHPR 2008) Zimbabwe Zimbabwe Lawyers for Human Rights and Another (2008) AHRLR 120 (ACHPR 2008) Majuru v Zimbabwe (2008) AHRLR 146 (ACHPR 2008) SUB-REGIONAL COURTS ECOWAS Community Court of Justice Manneh v The Gambia (2008) AHRLR 171 (ECOWAS 2008) Koraou v Niger (2008) AHRLR 182 (ECOWAS 2008) SADC Tribunal Mike Campbell (Pvt) Limited and Others v Zimbabwe (2008) AHRLR 199 (SADC 2008) ix x Table of cases DOMESTIC DECISIONS South Africa Mthembu v The State (2008) AHRLR 223 (SASCA 2008) Uganda Foundation for Human Rights Initiatives v Attorney-General (2008) AHRLR 235 (UgCC 2008) Mukasa and Another v Attorney-General (2008) AHRLR 248 (UgHC 2008) Zambia Attorney-General v Clarke (2008) AHRLR 259 (ZaSC 2008) ALPHABETICAL TABLE OF CASES Ali v Tunisia (2008) AHRLR 15 (CAT 2008) Attorney-General v Clarke (2008) AHRLR 259 (ZaSC 2008) Foundation for Human Rights Initiatives v Attorney-General (2008) AHRLR 235 (UgCC 2008) Institute for Human Rights and Development in Africa v Angola (2008) AHRLR 43 (ACHPR 2008) Mouvement Ivorien des Droits Humains (MIDH) v Côte d’Ivoire (I) (2008) AHRLR 62 (ACHPR 2008) Koraou v Niger (2008) AHRLR 182 (ECOWAS 2008) Madoui v Algeria (2008) AHRLR 3 (HRC 2008) Majuru v Zimbabwe (2008) AHRLR 146 (ACHPR 2008) Manneh v The Gambia (2008) AHRLR 171 (ECOWAS 2008) Mike Campbell (Pvt) Limited and Others v Zimbabwe (2008) AHRLR 199 (SADC 2008) Mouvement Ivoirien des Droits Humains (MIDH) v Côte d’Ivoire (II) (2008) AHRLR 75 (ACHPR 2008) Mthembu v The State (2008) AHRLR 223 (SASCA 2008) Mukasa and Another v Attorney-General (2008) AHRLR 248 (UgHC 2008) Socio-Economic Rights and Accountability Project v Nigeria (2008) AHRLR 108 (ACHPR 2008) Wetsh’okonda Koso and Others v Democratic Republic of the Congo (2008) AHRLR 93 (ACHPR 2008) Zimbabwe Lawyers for Human Rights and Another (2008) AHRLR 120 (ACHPR 2008) xi SUBJECT INDEX This index is divided into two parts; the first deals with general principles and procedural issues, and the second part with substantive rights GENERAL PRINCIPLES AND PROCEDURES Admissibility Admissibility requirements before the ECOWAS Court Manneh v The Gambia (2008) AHRLR 171 (ECOWAS 2008) Applicability of the African Charter Claim for compensation only raised during course of proceedings Koraou v Niger (2008) AHRLR 182 (ECOWAS 2008) Compatibility Socio-Economic Rights and Accountability Project v Nigeria (2008) AHRLR 108 (ACHPR 2008) Majuru v Zimbabwe (2008) AHRLR 146 (ACHPR 2008) Prima facie violation Mouvement Ivoirien des Droits Humains (MIDH) v Côte d’Ivoire (II) (2008) AHRLR 75 (ACHPR 2008) Zimbabwe Lawyers for Human Rights and Another (2008) AHRLR 120 (ACHPR 2008) Consideration by other international body Madoui v Algeria (2008) AHRLR 3 (HRC 2008) Exhaustion of local remedies Ali v Tunisia (2008) AHRLR 15 (CAT 2008) Mike Campbell (Pvt) Limited and Others v Zimbabwe (2008) AHRLR 199 (SADC 2008) Deportees, exile Institute for Human Rights and Development in Africa v Angola (2008) AHRLR 43 (ACHPR 2008) Insulting language Mouvement Ivorien des Droits Humains (MIDH) v Côte d’Ivoire (I) (2008) AHRLR 62 (ACHPR 2008) Local remedies must be available, effective and sufficient Mouvement Ivorien des Droits Humains (MIDH) v Côte d’Ivoire (I) (2008) AHRLR 62 (ACHPR 2008) Mouvement Ivoirien des Droits Humains (MIDH) v Côte d’Ivoire (II) (2008) AHRLR 75 (ACHPR 2008) Locus standi Socio-Economic Rights and Accountability Project v Nigeria (2008)
Recommended publications
  • Zimbabwe's Power Sharing Government and the Politics Of
    Creating African Futures in an Era of Global Transformations: Challenges and Prospects Créer l’Afrique de demain dans un contexte de transformations mondialisées : enjeux et perspectives Criar Futuros Africanos numa Era de Transformações Globais: Desafios e Perspetivas بعث أفريقيا الغد في سياق التحوﻻت المعولمة : رهانات و آفاق Toward more democratic futures: making governance work for all Africans Zimbabwe’s Power Sharing Government and the Politics of Economic Indigenisation, 2009 to 2013 Musiwaro Ndakaripa Toward more democratic futures: making governance work for all Africans Zimbabwe’s Power Sharing Government and the Politics of Economic Indigenisation, 2009 to 2013 Abstract Using the economic indigenisation policy this study examines the problems caused by Zimbabwe‟s power sharing government (PG) to democratic governance between 2009 and 2013. The power sharing government experienced policy gridlock in implementing the Indigenisation and Economic Empowerment Act of 2007 due to disagreements among the three governing political parties which were strategising to gain political credibility and mobilising electoral support to ensure political survival in the long term. The Indigenisation Act intends to give indigenous black Zimbabweans at least fifty one per cent (51%) shareholding in all sectors of the economy. The Zimbabwe African National Union – Patriotic Front (ZANU-PF) posited that economic indigenisation rectifies colonial imbalances by giving black Zimbabweans more control and ownership of the nation‟s natural resources and wealth. The two Movement for Democratic Change (MDC) political parties in the power sharing government asserted that while economic indigenisation is a noble programme, it needs revision because it discouraged Foreign Direct Investment (FDI). Moreover, the two MDC parties claimed that economic indigenisation is a recipe for ZANU-PF elite enrichment, clientelism, cronyism, corruption and political patronage.
    [Show full text]
  • December 2017 Muddy Waters Monthly Monitoring Report
    1 December 2017 Muddy Waters Monthly Monitoring Report 2 3 EXECUTIVE SUMMARY ABOUT ZPP The organisation was founded in 2000 by church-based The Zimbabwe Peace Project is worried by the nature of and human rights organisations. The current members of incidents recorded in December although the number of ZPP are Evangelical Fellowship of Zimbabwe (EFZ), cases were in a downward trend, 124 from 190 recorded in Zimbabwe Council of Churches (ZCC), Catholic November. It seems while the tension between Lacoste and Commission for Justice and Peace in Zimbabwe (CCJPZ), G40 factions in Zanu PF might have been at bay in most Counselling Services Unit (CSU), communities in December they left a significant mark as , Zimbabwe Human Rights Association (ZimRights), Civic Education Network Trust (CIVNET), Zimbabwe Lawyers some of those who felt abused by those who had more for Human Rights (ZLHR) and Women’s Coalition of influence before November 15 were settling scores openly. Zimbabwe (WCoZ). While cases of intra-party conflict slipped a little from 13 in ZPP was established with the objective of monitoring, November to 10 in December it is the tension in documenting and building peace and promoting the communities that is a worrying indicator. As elections draw peaceful resolution of disputes and conflicts. The peace closer and primary elections take centre stage these ructions project seeks to foster dialogue and political tolerance through non-partisan peace monitoring activities, mainly will not die down rather they are expected to be the rationale through monitors who document the violations of rights in likely to be used for those who will get the mandate to the provinces.
    [Show full text]
  • What Happened in Parliament? an Analysis of the Participation of Mps 2012 to 2013
    What happened in Parliament? An analysis of the participation of MPs 2012 to 2013 Rumbidzai Dube, Senior Researcher November 2013 1. Executive Summary This report is the last of a three part series of thematic reports analysing the performance of the Seventh Parliament in the last year of its tenure. While the previous two reports assessed the aspects of the Seventh Parliament to do with attendance and gender; this last offering looks specifically at the achievements of Parliament , with particular regard to issues such as Bills passed, debates undertaken and legislative performance in general. The report notes, among other things, that: • The levels of participation and debate among Parliamentarians were generally low, with some members spending the entire year without contributing anything to pertinent discussions; • Although most ministers impressively managed to participate in either House of Assembly or Senate sessions, at least two-thirds of the ZANU PF ministers never participated in either the House of Assembly or Senate sessions, a worrying trend considering that they have held ministerial positions for longer; • Question and Answer sessions – an important process in Parliament- were characterised by poor attendance by Ministers. Some Ministers tactfully side-stepped important questions. Some members addressed questions to the wrong Ministries. In some instances, procedural considerations in the conduct of the business of Parliament resulted in some questions remaining unanswered up to the end of the Seventh Parliament; • The
    [Show full text]
  • Election Watch | Zimbabwe May - June 2011
    SITO States In Transition Observatory www.statesintransition.org Election Watch | Zimbabwe May - June 2011 MEASURING THE ZIMBABWEAN ELECTORAL ENVIRONMENT ACCORDING TO THE SADC GUIDELINES GOVERNING DEMOCRATIC ELECTIONS On the 17th of August 2004, the Southern African Development Community (SADC) leaders adopted the “SADC Principles and Guidelines Governing Democratic Elections.” As a member of SADC, Zimbabwe was a signatory to these benchmark principles, and therefore it is entirely fitting that Zimbabwe’s performance in relation to the future elections be measured against these principles and guidelines. Electoral Institute for the Sustainability of Democracy in Africa’s brief overview of Zimbabwe’s electoral system. SADC principles for conducting democratic elections: Divergence/Obstructive Legislation Compliant 2.1.1 Full partici- • Citizenship of Zimbabwe Amendment Act, 2003 o Yes pation of citizens in S No • Guardianship of Minors Act, 1961 the political process • Broadcasting Services Act, 2001 2.1.2 Freedom of • A coalition of church leaders, known as the Christian o Yes association Alliance Zimbabwe, is accusing state security agents S No of harassment as pressure mounts on President Robert Mugabe. The churches attempts to host mass peace prayers in Harare have been crushed by the police • Two Zimbabwe Human Rights Association (Zim- Rights) officials, Walter Dube, a paralegal officer and Florence Ndlovu, the regional coordinator for Matabele- land, were arrested in Tsholotsho • Public Order and Security Act, 2002, amended 2007
    [Show full text]
  • Zimbabwe: the Power Sharing Agreement and Implications for U.S. Policy
    Zimbabwe: The Power Sharing Agreement and Implications for U.S. Policy Lauren Ploch Analyst in African Affairs October 27, 2009 Congressional Research Service 7-5700 www.crs.gov RL34509 CRS Report for Congress Prepared for Members and Committees of Congress Zimbabwe: The Power Sharing Agreement and Implications for U.S. Policy Summary After almost a year of uncertainty following Zimbabwe’s March 2008 elections, opposition leader Morgan Tsvangirai was sworn as Prime Minister of a new coalition government on February 11, 2009. The new government’s establishment came five months after a power-sharing agreement was signed in an effort to resolve the political standoff resulting from the flawed 2008 elections. For the first time since independence, the ruling party has lost its majority in the National Assembly. The results of the presidential race, belatedly announced in May 2008 amid rising tensions, indicated that Tsvangirai had received more votes than the incumbent, President Robert Mugabe, but had failed to garner the 50% needed to avoid a runoff. Days before that runoff was scheduled to take place, in late June 2008, Tsvangirai pulled out of the race, citing widespread political violence and the absence of conditions for a free and fair election. Mugabe was declared the winner in the runoff, but many observer missions suggest the poll did not reflect the will of the people. On September 15, 2008, after weeks of negotiations, Tsvangirai and Mugabe reached an agreement to form a unity government. As part of the deal, Mugabe remains head of state, with Tsvangirai as Prime Minister and cabinet and gubernatorial positions divided among the parties.
    [Show full text]
  • Gospodarka Narodowa 3(299)/2019
    p-ISSN: 0867-0005 Gospodarka e-ISSN: 2300-5238 narodowa 3(299)/2019, 119–144 www.gospodarkanarodowa.sgh.waw.pl DOI: 10.33119/GN/111468 Weronika J. KRAWCZYK* Aid, Governance and Public Finance Fraud: Evidence from Zimbabwe1 Abstract: The purpose of this case study article is to explore the process of public finance fraud resulting in an unjust enrichment of local ruling elites in Zimbabwe, a resource- rich yet paradoxically fragile state characterised by decades of rule by Robert Mugabe. The article examines the phenomenon of political corruption occurring in Zimbabwe and translating into the mismanagement and misuse of public revenues from natural resources for the sake of private gain and power consolidation. Furthermore, the article looks at the link between corruption and illicit financial flows by examining complex organisational networks and mechanisms created for the sake of diverting public assets with the help of front companies. Finally, since political corruption is inherently connected to the quality of governance, the author explores the impact of governance on human development as well as the effectiveness of foreign aid channelled to Zimbabwe. The article was written on the basis of an analysis of secondary sources including a review of relevant literature and existing evidence. The findings of this research coincide with a general academic stand- point supporting the narrative that both natural resources and aid have negative conse- quences for governance, the rule of law, and, consequently, human development, especially
    [Show full text]
  • Report 2019- the State of Corruption in Zimbabwe: As Perceived by The
    REPORT 2019- THE STATE OF CORRUPTION IN ZIMBABWE: AS PERCEIVED BY THE CITIZENS OF ZIMBABWE -PRODUCED AS PART OF COMMEMORATIONS OF THE INTERNATIONAL ANTI-CORRUPTION DAY- 9 DECEMBER 2019- Anti-Corruption Trust of Southern Africa (ACT-SA) Regional Office 16, 2 nd Avenue, Kwekwe, Zimbabwe P. O. Box 93, Kwekwe, Zimbabwe Tel: +263 (55) 25 25 23 5 E-mail: [email protected] Registration No: - 045.923-NPO (South Africa) | Registration No: - MA147/2004 (Zimbabwe) 0 ORGANISATIONAL FACT SHEET 1. Introduction The Anti-Corruption Trust of Southern Africa (ACT-SA) is a regional, non-governmental and non-political organisation that was set up in 2004 to campaign against corruption and to promote good governance in both the private and public sectors. ACT-SA implements the following Programmes: ↔ Anti-Corruption Capacity Enhancement & Institution building Programme : The purpose of the Programme is to enhance the capacities of specialised anti-corruption bodies, auditors and audit institutions, judicial institutions, and law enforcement agents, to effectively respond to the challenge of corruption ↔ Anti-corruption institutional, policy and law reform Programme : The purpose of the Programme is to support national, regional and international efforts towards the formulation, implementation, adherence and coordination of anti-corruption treaties, laws, policies and action plans; ↔ Access to Justice Programme: The purpose of the Programme is to improve access to justice to victims of corruption, targeting marginalised communities, especially women, youths, the disabled and those living with HIV and AIDS. ↔ Community, civil society and business sector empowerment Programme: The purpose of the Programme is to enhance the capacities of communities, media and civil society organisations to effectively contribute to dialogue on strengthening the development and implementation of anti-corruption institutions, laws and policies for eradication of poverty and inequality.
    [Show full text]
  • [Chapter 2:13] Compiled from the Herald, February 25, 2005
    Parliamentary Election 31 March 2005: Nomination Court Results Zimbabwe Electoral Commission Electoral Act [Chapter 2:13] Compiled from The Herald, February 25, 2005 It is hereby notified in terms of Section 48 of the Electoral Act [Chapter 2:13]. That at the close of sitting of the Nomination Court held on February 18th February 2005, the following candidates were duly nominated for election as members of Parliament in the respective constituencies CONSTITUENCY MDC Candidate ZANU PF Candidate Independent/Third Party BULAWAYO Bulawayo East Welshman Ncube Joshua Malinga Bulawayo South David Coltart Sithembiso Nyoni Charles Mpofu (Indep) Lobengula Magwegwe Fletcher Dulini Ncube Molly Ndlovu Makokoba Thokozani Khupe Sihle Thebe Wilson Bancinyane (Indep), Arnold Payne (Indep) Nkulumane Gibson Sibanda Absolom Sikhosana Pelandaba-Mpopoma Milton M Gwetu Sikhanyiso Ndlovu Leonard Nkala (Indep) Pumula Luveve Esaph Mdlongwa Michael Batandi Mpofu Stars Mathe (Indep) HARARE Budiriro Gilbert Shoko David Makufa Chitungwiza Fidelis Mhashu Briton Chirongwe Kumbirai Grace Juru (Zanu) Dzivarasekwa Edwin Mushoriwa Francis Muchada Glen Norah Priscilla Musihairambwi Victoria Chitepo Thomas Ziwachi (ZIYA) Glen View Paul Madzore Sabina Mangwende Clemence Machakaire (ZPDP) Harare Central Murisi Zwizwai Florence Chideya Margarent Dongo (Indep) Harare East Tendai Biti Muvengwa Mukarati Harare North Trudy Stevenson Nyasha Chikwinya Harare South James Mushonga Hubert Nyanhongo Hatfield Tapiwa Mashakada Amos Midzi Highfield Pearson Mungofa Rodrick Nyandoro Sekayi
    [Show full text]
  • Chapter 1 Introduction
    Chapter 1 Introduction One of the greatest challenges facing independent post-crisis societies in Africa is that of structuring sustainable systems of political and economic governance. Many political science and international relations scholars concur that military intervention in countries experiencing economic or political crisis is common. The post-colonial political path in Africa, as noted by David Zounmenou; shows complex relations between the army and ruling civilian elites.1As such, there have been considerable military interventions in politics in some African countries. Independence in Africa was greeted with optimism and exultation. The first generation of nationalist leaders like Kwame Nkrumah, Kamuzu Banda, Mobutu Sese Seko, Modibo Keita, Gamal Abdel Nasser and many others promised their people a new beginning. The citizens of these newly independent African states looked forward to enjoying the freedoms that colonial governments had denied them, however, such enthusiasm was quickly frustrated as the new leaders became despotic and personalised the national purse to benefit the ruling clique and their cohorts. Carlson Anyangwe writes that such behaviour by politicians put into motion systemic corruption that had culminated in military coups remaining an option in Sub-Saharan Africa 2(SSA). 1 For more information on this see Francis N. Ikome’s paper; “Good and Bad Coups,” Institute of Global Dialogue (2007): 1-60. 2 Carlson Anyangwe, “Revolutionary Overthrow of Constitutional Orders in Africa” (Professorial inaugural lecture, Walter Sisulu University, South Africa, 31 August, 2010). 1 It is a paradox but the legitimacy of civilian governments (CG) especially in Africa is arguably no longer being determined by the electorate but has become a prerogative of the military.
    [Show full text]
  • Zimbabwe Election Support Network Ballot Update
    ZIMBABWE ELECTION SUPPORT NETWORK BALLOT UPDATE ISSUE No. 1 / February 2009 Introduction The post election update covers the period from November, 2008 to February, 2009. An analysis of the electoral, socio-economic and political environment obtaining in the country is made and their relationship with the electoral processes linked. The report centres mostly on political processes that took place during the reporting period. The operating environment for civic organisations towards the BALLOT UPDATE Issue No. 1 / February 2009 end of 2008 was volatile, marked with high levels of tension, fear, and punctuated by military style abductions, harassment and torture of civic and political activists. Talks To Resolve the Political Impasse in Zimbabwe After the signing of the global political agreement on 15 September 2008, the parties to the agreement held talks regarding the allocation of portfolios on September 18, but failed to reach an agreement. They then called in the negotiators on September 19, but again failed to reach an agreement as both parties wanted to hold all of the most important portfolios of finance and home affairs. On September 30, President Robert Mugabe and Mr. Morgan Tsvangirai met again but they were unable to reach an agreement on the allocation of Cabinet portfolios and "the matter was referred to the mediator, the three met once again in Harare on October 4 for talks on the distribution of portfolios, but could not reach an agreement. Both parties and acknowledged the failure to reach an agreement with the MDC- T charging on October 5 that all of the Cabinet portfolios were actually in question, not just the two Ministries of Finance and Home Affairs, as had been claimed by ZANU PF.
    [Show full text]
  • ZPP Monthly Monitor Views
    Food: fencing out holders of alternative ZPP Monthly Monitor views BACKGROUND & FORMATION The Zimbabwe Peace Project (ZPP) was conceived shortly after 2000 by a group of Churches and NGOs working or interested in human rights and peace-building initiatives, and was to become a vehicle for civic interventions in a time of political crisis. In particular ZPP sought to monitor and document incidents of human rights violations and politically motivated breaches of the peace e.g. violence. Today, ZPP’s co-operating member organizations include, Zimbabwe Council of Churches (ZCC), Catholic Commission for Justice & Peace in Zimbabwe (CCJPZ), Evangelical fellowship of Zimbabwe (EFZ) Zimbabwe Election Support Network (ZESN), Counselling Services Unit (CSU), Zimbabwe Civic Education Trust (ZIMCET), Zimbabwe Lawyers for Human Rights (ZLHR), Zimbabwe Human Rights Association (ZIMRIGHTS), Civic Education Network Trust (CIVNET), Women’s Coalition of Zimbabwe (WCoZ) and Habakkuk Trust. VISION A Zimbabwe where there is Peace, Justice, Dignity and Development for all. MISSION To work for sustainable peace through monitoring, documentation, advocacy and community peace building interventions with our members and partners. Information Department Information Zimbabwe Department Peace Project 1 17/07/2015 Zimbabwe Peace Project 24/04/2012 METHODOLOGY This report is based on reports from ZPP long-term community based human rights monitors who observe, monitor and record cases of human rights violations in the constituencies they reside. ZPP deploys a total of 420 community-based primary peace monitors (two per each of the 210 electoral constituencies of Zimbabwe). These community-based monitors reside in the constituencies they monitor. They compile reports that are handed over to ZPP provincial coordinators who man the different ZPP offices in the ten administrative provinces of Zimbabwe.
    [Show full text]
  • To View Full Article
    JOURNAL OF ANTI-CORRUPTION LAW 2012018 9Volume Volume 2 3Number Number 2 1Pages Pages 214 76 - 23398 The New Zimbabwean Government’s War on Corruption: A Lesson for Anti-Corruption and Transitional Justice Scholars and Practitioners? Prosper Simbarashe Maguchu* Innocent Maja** ABSTRACT There is ample academic writing and practical examples extending the principles of transitional justice to corruption. However, very little has been written on how a society’s existing anti-corruption mechanisms may be utilised in a manner compatible with the wider transitional justice processes. In Zimbabwe, the new government is taking a more rigorous approach towards anti-corruption than towards the protection of human rights, which is apparent in its pursuing corruption crimes but not crimes which violate physical integrity, such as torture, disappearances and killings. Using Zimbabwe as an example, this paper proposes ways in which transitional authorities could rely on anti-corruption mechanisms, yet go beyond them by addressing endemic corruption under the broader transitional justice mechanisms. This synchronisation will ensure that corruption is not addressed in a silo but as part of a wider redress of gross human rights violations. Such an articulation is all the more important given that societies perceived to be highly corrupt also tend to be those with poor human rights records. Moreover, the new government has acknowledged the endemic nature of corruption and has relied on the need to address it to justify the military intervention — a ground that resonated across society and appeared to legitimise the intervention. If, therefore, the new government’s anti-corruption campaign is * LLB (University of Zimbabwe), LLM (University of the Western Cape), PhD (University of Giessen), Visiting Assistant Professor, Centre for the Politics of Transnational Law, Free University of Amsterdam.
    [Show full text]