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State of Human Rights Report 2019.Cdr STATE OF HUMAN RIGHTS REPORT 2019 STATE OF HUMAN RIGHTS REPORT 2019 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] Website: www.hrforumzim.org Copyright © 2020 Zimbabwe Human Rights NGO Forum 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. ABOUT THE FORUM The Zimbabwe Human Rights NGO Forum (the Forum) is a coalition of 20 human rights organisations working towards the realisation of a society that respects all human rights in Zimbabwe. MEMBERS OF THE FORUM § Amnesty International-Zimbabwe (AI- Z) § Catholic Commission for Justice and Peace – Zimbabwe (CCJP- Z) § Civic Education Network (CIVNET) § Counselling Services Unit (CSU) § Gays and Lesbians of Zimbabwe (GALZ) § Justice for Children (JC) § Legal Resources Foundation (LRF) § Media Institute of Southern Africa (MISA) § Media Monitors (MM) § Research and Advocacy Unit (RAU) § Transparency International-Zimbabwe (TI- Z) § VERITAS § Women of Zimbabwe Arise (WOZA) § Zimbabwe Association for Crime Prevention and Rehabilitation of the Offender (ZACRO) § Zimbabwe Association of Doctors for Human Rights (ZADHR) § Zimbabwe Civic Education Trust (ZIMCET) § Zimbabwe Human Rights Association (ZIMRIGHTS) § Zimbabwe Lawyers for Human Rights (ZLHR) § Zimbabwe Peace Project (ZPP) § Zimbabwe Women Lawyers Association (ZWLA) ACKNOWLEDGEMENTS The Forum acknowledges the assistance it received from its friends and partners in compiling this report. Members of the Forum and other organisations not part of the Forum participated in the provision of data for this report. The Forum is indebted to several individuals who gave testimonies regarding their personal experiences during 2019, as well as information about what they witnessed with regards to human rights conditions in the country. These accounts are captured throughout the report. The Forum applauds the Secretariat for effectively managing and facilitating the compilation and production of this report. This work would not have been possible without the essential support from our development partners who generously invest in human rights for the dignity of humanity. i STATE OF HUMAN RIGHTS REPORT 2019 FOREWORD The year 2019 started on a dreadful note for human rights in Zimbabwe and will infamously stick out as one of the worst years in the history of the country due to the deplorable human rights situation experienced throughout the year. The year was characterised by the violation of socio-economic and political rights of citizens through both overt and covert violence. In January, citizens protested en masse against the sudden increase in fuel prices. The State responded by brutally cracking down on the protests resulting in at least 17 cases of extrajudicial killings at the hands of the army and the police. Hundreds of people were also arrested, detained and sentenced to lengthy prison sentences without adherence to due process of law. Women, children, older people, and people living with disabilities were not spared the excessive use of force by the State in its desperate attempts to quell the protests. The State went a step further by shutting down the internet throughout Zimbabwe violating the fundamental rights to access to information and freedom of speech. In retrospect, the internet shutdown was another callous attempt to hide the widespread assault, torture and rape of innocent civilians. After the January protests, the State went on to target human rights defenders, government critics, and political activists. The efforts of human rights defenders to champion rights were met with a lot of resistance from State agents. The resistance was characterised by arbitrary arrests of human rights defenders under trumped-up charges of seeking to subvert a constitutionally elected government. In this regard, the Forum documented 11 such cases in which human rights defenders were dragged to court for allegedly plotting to overthrow the government. Apart from Human Rights Defenders, the State also persecuted anyone who stood up against injustices. Political activists, leaders of labour unions, and even comedians, all felt the wrath of the State. Abductions and torture were used to silence the perceived dissenting voices. In total, the Forum documented 67 cases of abductions and torture of perceived government critics. It is deplorable that Zimbabweans trying to earn a living like comedian Samantha Kureva (known as Gonyeti) were also persecuted and subjected to abduction and torture, including being forced to drink raw sewage water. Civil society organisations were also targeted mainly through the unlawful request of memorandums of understanding by district co-ordinators. Leaders of civil society organisations also reported increased surveillance to a point where it was difficult to assist and work freely in communities. STATE OF HUMAN RIGHTS REPORT 2019 ii In August 2019, with the increasing protests driven by rising poverty and economic difficulties, there was a breakdown in the rule of law with suspected state agents going on an abductions spree and police brutality rising to unprecedented levels. Unarmed civilians peacefully demonstrating in Harare were brutally assaulted in full view of the world. The State-sponsored brutality did not end in Harare, there were arrests, torture and assault of citizens cases were also witnessed in Bulawayo, Mutare and Gweru. During the month of August alone, 124 arrests, 18 abductions and torture and 49 assaults were documented nationally. Apart from incidents of physical violence and torture, citizens also suffered covert violence mainly driven by the deteriorating economy which affected the quality of life for citizens. Price increases resulted in starvation which affected the majority of citizens in town and rural areas. During this period, cases of politicisation of food and agricultural aid also increased, further subjecting citizens to abject poverty and starvation. Government doctors embarked on a massive stay-away which lasted for over 100 days. The doctors cited lack of adequate equipment and incapacitation which the government ignored and failed to address. People could not get medical attention amidst rising cases of waterborne diseases in Harare and Bulawayo resulting from poor service delivery. The State instead, mounted attacks on doctors who were raising legitimate concerns on the state of public hospitals. Two special mandates of the United Nations, the special rapporteur on the rights to freedom of assembly and the special rapporteur on the right to food, visited the country in 2019. Their preliminary reports confirmed the unprecedented violations of human rights in Zimbabwe. The special rapporteur on the right to food rightfully pointed out that more than half of our population is facing hunger and starvation. The special rapporteur on the rights to freedom of assembly also noted that the involvement of the military in civilian affairs contradicts the Guidelines for the Policing of Assemblies by Law Enforcement Officials in Africa, as they provide that military forces must only be used in exceptional circumstances and only if absolutely necessary. Through this report, the Forum proposes key recommendations to redress the human rights situation in Zimbabwe. The Forum further makes recommendations on the need for transparency and accountability as the basis for eradicating impunity to effectively deal with cycles of violence in the country. The Forum reiterates its calls for the respect and protection of human rights by the State as a starting point to redress past violations. iii STATE OF HUMAN RIGHTS REPORT 2019 TABLE OF CONTENTS ABOUT THE FORUM ............................................................................................................... i ACKNOWLEDGEMENTS ........................................................................................................ i FOREWORD ............................................................................................................................. ii ACRONYMS .............................................................................................................................. vi DEDICATION ............................................................................................................................ viii EXECUTIVE SUMMARY .......................................................................................................... ix PART 1: LAYING THE FOUNDATION 1 1 CHAPTER 1 INTRODUCTION, METHODOLOGY AND OVERVIEW ....................... 2 About the Report ................................................................................................... 2 Methodology .......................................................................................................... 2 Overview ................................................................................................................... 3 PART 2: THEMATIC ASSESSMENT OF THE HUMAN RIGHTS SITUATION IN ZIMBABWE 5 CHAPTER 2 THE JANUARY 2019 PROTESTS ...................................................... 6 Extra-judicial Killings ........................................................................................... 7 Rape and Sexual Assault .................................................................................... 8 Torture and Assault ..............................................................................................
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