QUARTERLY POLITICAL AND HUMAN RIGHTS VIOLATIONS REPORT January - March 2014 A report by the Zimbabwe Human Rights NGO Forum March 2014
QUARTERLY POLITICAL AND HUMAN RIGHTS
VIOLATIONS REPORT
January - March 2014
A report by the Zimbabwe Human Rights NGO Forum
March 2014
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TABLE OF CONTENTS
Introduction ...................................................................................................... 3
Executive summary.......................................................................................... 3
Developments in the fulfillment of human rights .............................................. 5
Forms of Abuse................................................................................................ 7
a. Violations against human rights defenders .................................................. 7
b. Rights relating to respect for the integrity of the Person .............................. 8
c. Respect for civil liberties ............................................................................ 11
d. Prisoners’ rights ......................................................................................... 13
Cases of political violence.............................................................................. 14
Economic Social and Cultural rights .............................................................. 16
Conclusion ..................................................................................................... 20
Recommendations ......................................................................................... 20
ABOUT THE ZIMBABWE HUMAN RIGHTS NGO FORUM .......................... 21
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Introduction The Quarterly Political and Human Rights Violations Report is produced by
the Zimbabwe Human Rights NGO Forum (the Forum). It is a monitoring tool
to track and document trends in civil, political, economic, social and cultural
rights violations. This report covers the period between January and March
2014 and highlights developments, statistics and trends in human rights
violations. The information used is derived from the Forum’s Public Interest
Unit (PIU), member and partner organisations and verified press reports.
Although this report derives its information from multiple sources it is not
intended to be the main and exhaustive source of human rights violations
information in Zimbabwe, but a complimentary report alongside those
produced by other human rights organisations.
Executive summary Zimbabwe adopted a new Constitution on 22 May 2013. The new Constitution
addresses some of Zimbabwe’s outstanding domestic and international
obligations, in particular, recommendations under the now defunct Global
Political Agreement and recommendations made by international bodies
during Zimbabwe’s Universal Periodic Review (UPR) in 2011.
In spite of the adoption of the new Constitution with an expansive and
progressive bill of rights as well as other provisions relating to rule of law and
political participation and conduct of political processes, 2014 began with
outstanding issues relating to the need to re-align key laws with the new
constitution. There has been a lack of government commitment to capacitate
the independent commissions created by the new Constitution and to address
outstanding structural reforms, such as security sector reforms to ensure that
Zimbabwe has the capacity to fulfill its domestic, regional and international
obligations.
In terms of implementation, the most important human rights problems
remained government’s reluctance to respect civil liberties, in particular, rights
relating to freedom of association, assembly, and expression as well as media
freedom. The government’s failure to realign laws that curtail fundamental
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freedoms with the new Constitution, for example, the Public Order and
Security Act (POSA), provides the state with a justification to continue
flaunting rights at will. In addition, in the Reporters Without Borders 2014
Press Freedom Index Zimbabwe was ranked 135th out of 180 countries on
respect for press freedom.
There were many other human rights problems relating to economic, social
and cultural rights. Although, the new Constitution includes economic, social
and cultural rights, these rights are still far from being realized. Rights to
health, education and safe water continue to be violated through the
government’s inability to have these rights accessible to everyone. At the
same time, the recently revealed gross corruption in the public sector and
parastatals demonstrates that, government’s inability to provide essential
services has little to do with resources constraints as often alleged by the
government, but it is a matter of poor resource distribution where only a few
politically connected elites in Zimbabwe are committed to hold on to power
and wealth while the majority lack access to basic food provisions and other
social services.
However, there were some notable reductions with respect to violations
relating to the integrity of the person including organised violence. These
signal a change in the state’s methods and modalities of repression which
have turned to subversion of democratic processes through compromised
institutions, surveillance and impairment of activities perceived to be opposed
to political hegemony. In addition, violations relating to due process especially
abuse of trials and court procedures have continued, albeit on a lower level.
This is seen in the continued unjustified prosecution of human rights
defenders.
On a positive note, steps have also been taken towards the operationalisation
of the Zimbabwe Human Rights Commission to ensure that it carries some of
its obligations though a lot still needs to be done. One outstanding example
needing attention is a fully funded and functional secretariat to coordinate the
commissioners’ activities.
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In the circumstances, the Forum recommends to the government of
Zimbabwe to continue working with all stakeholders, including civil society to
ensure that all laws are aligned with the new Constitution. There is need to
improve the environment for all citizens to enjoy the rights and fundamental
freedoms guaranteed both in the Constitution and international law. The
government needs to commence reforms, both in policy and practice that
would ensure that all citizens peacefully participate in civic and political affairs
and cooperate with both regional and international communities in instituting
the above reforms.
Developments in the fulfillment of human rights There were some notable improvements in the fulfilment of human rights. In
compliance with sections 121 and 121A of the Zimbabwe Electoral Act, which
provide for the occurrence of a by-election in the event of death or to fill a
special vacancy in a given local authority, on 25 January, local government
by- elections were held in three wards, Harare (ward 12), Karoi (ward 10) and
Zaka (ward 32). These by-elections were necessitated by the death of
incumbent councilors in the respective wards. Three political parties, ZANU
PF, MDC-T and the newly formed NCA participated in the by-elections in
which ZANU PF councilors won all the seats. According to The Zimbabwe
Election Support Network (ZESN), like the 31st harmonized elections, the
electoral process was peaceful in all the wards despite the heavy police
presence, particularly in Sunningdale Ward 121. The presence of police had a
negative effect of intimidating voters.
During the period under review, the Minister responsible for Provincial Affairs
in Masvingo, Kudakwashe Bhasikiti, lifted the ban that was imposed on NGOs
by former Provincial Governor Titus Maluleka. In 2013, governor Maluleka
imposed a ban on 29 NGOs accusing them of failing to register their
operations with his office. Most of the organisations banned were providing
food relief. Masvingo is a drought prone area, mostly due to poor rainfall 1See ZESN press statement on 25 January 2014 local government by-elections http://www.zesn.org.zw/index.php/press-statements
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patterns and residents have in the past years relied mostly on food aid and
other forms of support provided by humanitarian organisations to attain food
security. In lifting the ban, Minister Bhasikiti acknowledged the complementary
role of NGOs by asserting “the government cannot feed all the starving people
in the province on its own”. 2
In a move to ease congestion in the country’s prisons, on the 12th of February
2014, President Mugabe through Clemency Order No.1 of 2014 proclaimed a
presidential amnesty to 2000 inmates. Beneficiaries of the amnesty included
all women, except those imposed with the death penalty; prisoners below the
age of 18 irrespective of the offences they committed; all terminally ill inmates;
prisoners who were over 70 years old as at the 30th of June 2013; and
prisoners in open prisons and prisoners sentenced to thirty-six (36) months in
prison who would have already served a quarter or more of their sentence as
at 12 February 2014. Prisoners convicted of murder, treason, rape,
carjacking, armed robbery, stock theft and those serving a sentence imposed
by a court martial were excluded from the amnesty3. The Constitution of
Zimbabwe allows the president to extend amnesty to prisoners whenever he
wishes.
The President, on 3 February 2014, appointed Mr. Elasto Mugwadi as the
substantive chair of the Zimbabwe Human Rights Commission (ZHRC). The
appointment was necessitated by the departure of former Chairman Mr. Jacob
Mudenda to the role of Speaker of the National Assembly. Since its
establishment in 2010, three Commissioners have so far chaired the
Commission. The first Commissioner Mr Reginald Austin resigned in
December 2012 citing lack of political will by the government to capacitate the
Commission to effectively carry out its work. The appointment of a substantive
chairperson is a positive step towards the operationalisation of the ZHRC. In
2 Regerai Pepukai, Zimbabwe Welcomes back NGOs 10 January 2014 http://mg.co.za/article/2014-01-10-00-masvingo-welcomes-back-ngos 3 General Notice 20 of 2014, Clemency Order No. 1 of 2014, Government Gazette extraordinary 12 February 2014.
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addition, members of the Judicial Services Commission were also sworn in
accordance with section 189 of the Constitution.
Forms of Abuse The first section shows violations relating to civil and political rights and the
second section relates to economic, social and cultural rights.
a. Violations against human rights defenders During the period under review, law enforcement agencies continued to bring
unfounded criminal charges against human rights defenders4. This appears
to be a systematic disregard of the right to free association and thereby
restricting the operating space for HRDs. The following are some of the
examples recorded during the period.
• On 24 February Martha Tholanah, the Chairperson of Gays and
Lesbians Association of Zimbabwe (GALZ) was summoned to appear
at the Harare Magistrate Court on allegations of running an
unregistered organisation in contradiction of the PVO Act. Charges of
running an unregistered organisation arose in August 2012 after police
raided and conducted a search at the GALZ offices in Harare.
However, on 27 February 2014 Martha was acquitted of the charges.
The acquittal was the second legal victory for GALZ in two consecutive
months. Earlier, on 14 January 2014, High Court Judge, Justice
Priscilla Chigumba ordered the return of GALZ property confiscated
during a raid in August 2012 and further stated that GALZ is not
obliged to register in terms of the Private Voluntary Organisation
[Chapter 17:05] as it is not a private voluntary organisation and is
specifically exempted by the Act.
• On 13 February, police assaulted members of Women of Zimbabwe
Arise (WOZA) following their traditional Valentine Day protest march in 4 Human rights defenders also known as human rights advocates, human rights activists and human rights workers are individuals, groups of people or organisations who promote and protect universally recognised human rights and fundamental freedom through peaceful and non-violent means.
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Harare. WOZA members marched to parliament demanding an end to
corruption and an improvement in the deteriorating standard of living.
In spite of these violations against HRDs, there were also some positive
developments during the period under review. The acquittal of HRDs and
political activists some of whom had cases dating back as far as 2011 is a
welcome development. Examples include the acquittal by the High Court on 5
March of the remaining three MDC-T activists who were part of the 29 MDC-T
members arrested over allegations of murdering a police officer in Glen View
in May 2011 and the acquittal of the chairperson of Gays and Lesbians of
Zimbabwe on allegations of operating an unregistered organisation.
b. Rights relating to respect for the integrity of the Person Although the political environment remained relatively calm, there were cases
of torture, assault, harassment and intimidation recorded during the period.
Torture and other cruel, inhuman or degrading treatment or punishment
Although torture is a crime prohibited under domestic and international law,
the Forum, documented a total of fifteen (15) cases of torture involving police
officers. In the documented cases, torture was used to obtain information
under duress from suspects and also as a form of punishment. The following
are cases of torture.
• On 6 January, two commuter omnibus drivers were arrested and
assaulted by police officers in Sunningdale, Harare for failing to comply
with orders of traffic police.5
• On 28 January a male victim was tortured by Chinhoyi police officers in
a bid to extract a confession following the victim’s missing money at the
police station6.
• Twelve members of Zimbabwe National Students Union (ZINASU) who
were arrested at Harare Polytechnic for demonstrating against
5 The Public Interest Unit, Zimbabwe Human Rights NGO Forum 6 Ibid
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declining standards of education were allegedly assaulted in police
custody.7
The continued use of torture demonstrates a lack of political will by the
Government of Zimbabwe (GoZ) to implement one of the recommendations of
the UN Human Rights Council (HRC) Universal Periodical Review (UPR) of
Zimbabwe in 2011. During the UPR, the GoZ agreed to criminalise torture and
prevent all forms of torture and inhuman or degrading treatment, ensure full
accountability of perpetrators and redress and rehabilitation to victims.
Despite this undertaking, to date, Zimbabwe is yet to ratify and domesticate
the United Nations Convention Against Torture and other Cruel, Inhuman or
Degrading Treatment or punishment (UNCAT).
Arbitrary arrest or detention
During the period under review, a total of 10 cases of arbitrary arrests and
detention were documented. Some of these arrests were for the purpose of
making investigations thus undermining the principle of justice and fairness.
Furthermore, some sections of the repressive Criminal Law (Codification and
Reform) Act and the Public Order and Security Act (POSA) formed the basis
of these arbitrarily arrests and detentions. The main targets were pro
democracy activists and human rights defenders. The following are some
examples of the cases documented during the period.
• On 27 January, police arrested and detained civic leaders from
ZimRights, Chitungwiza Residents Trust, Combined Harare Residents
Association and the Centre for Community Development in Zimbabwe
for two nights for addressing a meeting to discuss the proposed
demolition of 14,000 homes in Chitungwiza by the government. They
were charged for allegedly inciting public violence and unrest. The
leaders were all discharged without any fines paid.8
7 The Crisis in Zimbabwe Coalition report- issue number 258, 13 March 2014 8 Residents condemn police action, the Daily News 3 February 2014. http://www.dailynews.co.zw/articles/2014/02/03/residents-condemn-police-action
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• On 12 March police raided a GALZ meeting at Bronte hotel in Harare
and arrested Natasha Dowell (a GALZ volunteer youth coordinator)
and Tawanda Mugudze (the training facilitator) for allegedly
contravening section 25 (5) of POSA by failing to seek authority from
the police before conducting the meeting. The other participants had
their details profiled. Tawanda was released without charge while the
case of Dowell is still pending and police will proceed by way of
summons.
Assault
A total of 48 cases of physical assault were also noted during the period.
Some of the cases were a result of intra party clashes within the MDC-T in
particular. This can be attributed to disgruntlements among party members
following the defeat of the party in the July 31st 2013 harmonised election.
Some members have thus been calling for leadership change and this has in
some instances resulted in violent clashes.
• On 15 February Elton Mangoma, the party’s deputy treasurer was
assaulted by party youths at Harvest House for asking Morgan
Tsvangirai to step down and pave way for leadership renewal. The
matter is before the courts. In another case of intra- party violence, on
2 March, six MDC-T activists assaulted Talent Nyakunengwa in
Chitungwiza following a misunderstanding over the holding of a political
rally.9
• On 1 March MDC-T supporters reportedly assaulted Rodrick Dzapasi
the ZANU PF cell Chairman for Tabudirira District in Budiriro for
wearing his party T-shirt.
• On 7 March, a teacher at St Simon Zhara Mission School in Masvingo
was assaulted by ZANU-PF youths for failing to attend two ZANU-PF
organised meetings10.
Harassment and Intimidation 9http://www.zbc.co.zw/index.php?option=com_content&view=article&id=42134:6-mdc-t-activists-arrested&catid=48:crime-and-courts&Itemid=91 10 The Public Interest Unit, Zimbabwe Human Rights NGO Forum
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Cases of harassment remained high during the period. This has been the
trend since the period preceding and post the 31st July harmonised elections.
A total of 312 cases were documented during the period with reports of
people being forced to attend meetings and/or contribute financially to ZANU-
PF meetings.
• Two (2) teachers from Seke communal lands reported that they were
being threatened and forced to contribute to the victory celebration of
the Ward 6 councilor. The teachers were forced to pay $15 each and
also to attend the celebrations.11
• Teachers in Mashonaland West, the province that hosted the 21st
February movement were forced to contribute towards the celebrations
while some people were forced to attend.
• On 6 January, three members of the NCA, Patson Mangwiro, Taurai
Maravanyika and Olibeletsi Noko were allegedly harassed by
suspected ZANU PF youths in ward 12 Mbare as they were putting up
campaign posters for their candidate Takura Gadzira ahead of the local
government by elections that were on 25 January.12
• On 25 February ZANU PF activists led by the Chipinge South Member
of Parliament threatened teachers at Checheche primary school with
loss of employment if they do not become members of ZANU PF.13
c. Respect for civil liberties This section covers freedom of assembly and association, freedom of
expression and of the media. The constitution guarantees civil liberties
including freedom of expression, press and media and freedom of assembly
and association. Repressive laws such as the Public Order and Security Act
(POSA); Access to Information and Protection of Privacy Act (AIPPA) and
some sections of the Criminal law (Codification and Reform) Act (the Criminal
Law Code) continue to be used to prevent the exercise of constitutionally
11 The Public Interest Unit, Zimbabwe Human Rights NGO Forum 12 See A report on the local authority by-elections held on 25 January 2014 by the Election Resource Centre 04 February 2014 13 Zimbabwe Peace Project Monthly Monitor February 2014
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guaranteed freedoms. During the period there were reports on attacks on
journalists and criminalisation of freedom of expression.
Freedom of assembly and association
Freedom of assembly and association is safeguarded in section 58 (1) of the
Constitution of Zimbabwe and also in the African Charter on Human and
Peoples’ Rights to which Zimbabwe is a party. The following are some
examples in which the government restricted these rights during the period
under review.
• On 13 February, police banned a protest march organised by the
Zimbabwe Human Rights Association (ZimRights) and 60 other civil
society organisations to demonstrate against the abuse and misuse of
public resources by local authorities and some parastatals. The ban
was effected in spite of ZimRights having notified Police of its intention
to stage the demonstration in Harare. Police argued among other
reasons that ZimRights did not furnish the police with information on
the regalia the protesters would be putting on.
• On 18 January, police dispersed congregates gathered at Baptist
Church for a prayer meeting organised by Ibhetshu Likazulu in
Bulawayo to commemorate victims of Gukurahundi. The police argued
that the meeting was instead a demonstration. Again on 29 February
police blocked another prayer meeting of the same victims by
occupying Stanley Square the proposed venue for the meeting. Again
police argued that the event would stir emotions and end in violence. 14
• On 15 February armed riot police forced members of the Gimbok South
housing society in Mutare to prematurely end their annual general
meeting; and
• In January, five members of GALZ were arrested at a party in
Bulawayo for wearing T-shirts inscribed with the message “same love”
Freedom of expression and of the media 14 http://www.swradioafrica.com/2014/03/04/police-block-another-gukurahundi-memorial/
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The right to freedom of expression and freedom of the media is safeguarded
respectively in section 61 (1) and (2) of the Constitution of Zimbabwe.
However, between the period January and February the Media Monitoring
Project Zimbabwe (MMPZ) documented 12 cases relating to violation of
freedom of expression and of the media. Violation of this right was in some
cases a result of law enforcement agencies invoking section 33 and 31 of the
Criminal Law Code which criminalises utterances likely to insult the office or
person of the President. Section 31 makes “publishing or communicating false
statements prejudicial to the state” a crime.
The following are some of the cases that were documented during the period.
• In January, Gumisai Manduwa a teenager from Odzi, Manicaland was
arrested under section 33 of the Criminal Law Code for reportedly
posting a joke on Facebook alleging that President Mugabe had died
and was being preserved in a freezer.
• On 25 January Godfrey Mtimba, a Daily News reporter, was reportedly
assaulted by suspected ZANU PF youths while covering a US
embassy youth meeting in Masvingo. The ZANU PF youths, led by
Talent Majoni, were apparently provoked by US President Barack
Obama’s decision to exclude President Mugabe from the US-Africa
summit, to be held in August.
• On 16 February Kelvin Ufumeli, a journalist was attacked by MDC-T
youths while covering a rally addressed by the party’s leader Morgan
Tsvangirai in Glen Norah.15
d. Prisoners’ rights In Zimbabwe, prisoners’ rights are guaranteed by the Constitution. In spite of
this recognition, inmates live in overcrowded cells with inadequate food
rations, bedding needs, sanitation and uniforms. According to reports, in 2014
the country’s prison population stood at 18 460 against a holding capacity of
15 Information Rights Report by Media Monitoring Project Zimbabwe, February 2014
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17 000.16 There were also reports on the non-availability of transport to ferry
inmates for court appearances. This compromised prisoner’s constitutional
right of access to justice for example on 17 March, the Zimbabwe Prisons and
Correctional Services (ZPCS) failed to take prisoners to court due to fuel
shortages. This resulted in the postponement of trials at the Harare
Magistrates’ Courts.17
Cases of political violence The cases of human rights violations during the period are summarised in the
pie chart below. A total of 402 cases were recorded during the quarter.
Figure 1: Cases of political violence January to March 2014
16http://www.iol.co.za/news/africa/mugabe-pardons-2-000-zim-prisoners-1.1648434#.U2ifxI7Lh0g 17 http://www.dailynews.co.zw/articles/2014/03/18/no-fuel-to-ferry-prisoners
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SOURCE: Consolidated statistics from the Forum, CSU, ZPP, MMPZ, MISA
and verified press reports
Although the environment was relatively calm, there was a high incidence of
cases of harassment and intimidation. A total of 312 cases were recorded
during the period. Harassment and or intimidation impacts on a range of rights
such as the right to freedom of expression, association and assembly and
also the right to participate in public life.
Table 2: Violations by perpetrator types January to March 2014
Violation Perpetrators Police CIO War
vets Traditional leaders
Political parties
ZANU PF
MDC-T
Unknown
Assault
Displacement
Intimidation/harassment
Malicious damage to property
Media rights violations
Torture
Unlawful arrest/detention
Violation of freedom of association, expression and assembly
SOURCE: The Forum, CSU, ZPP, MMPZ, MISA and verified press reports
The police and ZANU-PF supporters were the main perpetrators of
violence. Intra party fighting within the MDC-T resulted in party supporters
violating the right to freedom of expression and also respect for the
security of the person.
Victims of political violence
Figure 2 below shows the percentage distribution of victims of politically
motivated violence.
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Fig 2 Victims of political violence by party affiliation
SOURCE: Consolidated statistics from the Forum, CSU, ZPP, MMPZ, MISA
and verified press reports
The majority of victims were of unknown affiliation while 31% were from MDC-
T, 5% human rights defenders, and 3% the NCA and 2% were from ZANU
PF.
Economic, Social and Cultural rights The Constitution of Zimbabwe has an elaborate Bill of Rights that cover
economic, social and cultural rights. Service delivery remained poor during
the first quarter with most parts of the country experiencing acute shortages of
water and electricity. Corruption assumed a salient feature during the period
with utterances by the presidium castigating the media for exposing corruption
all pointing to a lack of political will in fighting the scourge.18
Corruption in all its forms (petty or grand) is a violation of human rights as
those who cannot afford paying bribes are sometimes excluded from realizing
their rights. During the first quarter of the year, corruption perpetrated by state
officials in parastatals made headlines in both the public and private media in
what became known as the “salary gate” where Chief Executive Officers of
parastatals were paying themselves obscene salaries and astounding benefits 18 Vice President Mujuru while addressing the ZANU PF Mashonaland West provincial women’s conference in Chinhoyi on February 8 said, “The exposure of corruption in parastatals and related companies might be the work of detractors bent on destroying Government and stall its programmes The Herald, 10 February 2014.
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while the majority of Zimbabweans are living below the poverty datum line. It
became apparent during the quarter that it is not the alleged sanctions that
are hemorrhaging the wealth of the country but corruption.
Reports received by the Transparency International- Zimbabwe’s Advocacy
and Legal Advice Centre (ALAC) implicated government officials and security
agencies in mines and mineral related corruption; hospital official in theft of
essential drugs from hospitals for sale on the black market; manipulation of
housing and stand allocation by local government officers19. Corruption
related problems are worsened by the fact that the Zimbabwe Anti- Corruption
Commission, the constitutional body mandated with combating corruption, has
been non-operational for almost a year now.
The President invoked the Presidential Powers (Temporary Measures) and
amended the Money Laundering and Proceeds of Crime Act under Statutory
Instrument 2 of 2014, which brought into effect stiffer penalties to curb money
laundering, terrorist financing and white-collar crime.20 However, laws against
corruption on their own will not rid this country of corruption. There must be
strong political will coupled with political leadership and public support to
combat corruption. Political leadership should set an example and
demonstrate that no one is above the law by prosecuting all cases involving
corruption.
a. The right to education
The right to education is provided for in section 27 of the Constitution of
Zimbabwe, which states that, “The state must take practical steps to promote
free and compulsory basic education for children; and higher and tertiary
education.” Although the GoZ introduced the Basic Education Assistance
Module (BEAM)21, in 2000 it is inadequately funded thus rendering access to
basic education a nightmare for children from vulnerable groups. Out of a
19 ALAC Updates January- February Report 20 Statutory Instrument 2 of 2014 increased penalties from US$600 to a punitive US$500 000. 21 The Basic Education Assistance Module (BEAM), is a government driven support scheme for primary and secondary school children from vulnerable backgrounds
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targeted 250 000 students under BEAM, the government at the beginning of
the school term in January only managed to pay for 83 000 children leaving
out 167 000 children. 22 The UK government through its Department for
International Development (DFID) rescued the situation by providing funds for
2014.
Furthermore, in February the Government removed subsidies for ‘O’ and ‘A’
level examinations. Inadequate funding has also stalked the Cadetship
Scheme23, which finances the education of tertiary students from vulnerable
backgrounds, making education a preserve of the rich.
b. The right to food
The right to sufficient food is provided for in section 77(b) of the constitution.
However, food continues to be used as a political tool. There were reports of
food aid distribution along partisan lines with purported supporters of mainly
the MDC being discriminated against.24 In February, the Forum had to
intervene on behalf of residents of Mudzi by writing letters to 11 village heads
who were reportedly distributing food aid only to ZANU PF supporters25. The
ZPP in its January Monthly Monitor noted that politicisation of food aid was
high in Mashonaland Central (23 cases), followed by Midlands (19 cases) and
Mashonaland East provinces (15 cases).26
c. The right to safe and clean water
The Government of Zimbabwe has for more than a decade now failed to
provide safe and clean water to its citizens thus violating the citizen’s right to
safe and clean water provided for in section 77 (a) of the Constitution of
Zimbabwe. Shortages of water continue to be experienced in most parts of
the country leading to residents resorting to unsafe water sources such as
22http//www.telegraph.co.uk/news/worldnews/africaandindiaocean/zimbabwe/10595467/Zimbabwe- asks- Britain -for- funds- to educate- a- million- children html. 23 The Cadetship programme replaced the Student Grant and Loan Scheme that was removed in 2006. 24 See the Zimbabwe Peace Project Monthly monitor January 2014 25 The Public Interest Unit, Zimbabwe Human Rights NGO Forum 26 http://www.zimpeaceproject.com/
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shallow open wells. During the period, prisons and hospitals were not spared
from the erratic water supplies.
In February ZINWA disconnected water supplies to Chikurubi (Harare), St
Thomas (Marondera) and Khami prisons (Bulawayo) thereby exposing
inmates to diseases. Parirenyatwa Group of Hospitals experiences water
shortages for between three and four days per week.27
Shortages of water resulted in outbreaks of typhoid. According to the January
weekly surveillance report from the Ministry of Health and Child Welfare, a
total of 28 cases of typhoid were reported countrywide with 13 of them
recorded in Harare alone.28
d. Freedom from arbitrary eviction
Freedom from arbitrary eviction is protected by section 74 of the constitution
of Zimbabwe which state; “No person may be evicted from their home, or
have their home demolished without an order of court made after considering
all the relevant circumstances”. Contrarily, the government continued with
demolitions, threats of demolitions and arbitrary evictions, which began in
2013 following the demolitions of homes and tuck shops in Hatcliffe and Ruwa
suburbs in December 2013. Between January and February, local authorities
in Chitungwiza embarked on demolishing of houses and other informal
structures that were improperly allocated for residential purposes. According
to Veritas Trust, Zimbabwe, “ in Chitungwiza alone there are 8 260 illegally
occupied stands on land which has been set aside for clinics, schools,
cemeteries, recreational activities and roads; in the Seke Communal Lands
there are 6 200 such stands”.29 On 10 February, Manyame Rural District
demolished six houses allegedly built on illegal land.
In March, President Robert Mugabe’s family reportedly evicted over 900
families from Manzou Farm in Mazowe to pave way for the First Family to
establish a wildlife sanctuary. Some of the victims were reportedly dumped in 27 Feluna Nleya, Water crisis hits Parirenyatwa, the NewsDay 20 March 2014 28 http://www.thestandard.co.zw/2014/01/12/fresh-typhoid-outbreak-hits-zimbabwe/ 29 Bill Watch Constitutional Watch 2/24, Unpacking and giving effect to the constitution, are demolitions of illegal structures constitutional 28 February 2014
20
Rushinga and others along the Harare – Bindura road. The Manzou Farm and
the Chitungwiza demolitions were illegal in that they were carried out without
the authority of court orders as set forth in section 74 of the constitution30 thus
violating the right to freedom from arbitrary evictions.
Conclusion While there has been a decline in the prevalence and incidences of direct
violence, or repressive governmental practices, as has been the trend in the
past decade, the government has a long way to go to gain more ground in
human rights and democratic governance. The country also faces challenges,
which include lack of political will to deal with corruption and incapacitation of
the ZHRC, a body mandated to uphold, protect and promote human rights.
The fulfilment of economic, social and cultural rights remains beyond the
reach of many ordinary citizens.
Recommendations In view of the on-going violations, the Forum urges the Government of
Zimbabwe to:
a. Repeal or realign all laws that are not consistent with the Constitution
of Zimbabwe that was adopted on 22 May 2013.
b. Improve the operating environment for human rights defenders and
every person in Zimbabwe to enable them to enjoy their rights to
freedom of expression, association, peaceful assembly and political
participation.
c. Make human rights institutions more enabling and less rhetorical. d. Bring all perpetrators of human rights violations to book both present
and past so as to end the cycle of violence.
e. Genuinely cooperate with the international community, in particular the
UN system to bring about reforms, in particular those recommended
during Zimbabwe’s UPR
30 Bill Watch Constitutional Watch 2/24, Unpacking and giving effect to the constitution, are demolitions of illegal structures constitutional 28 February 2014
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ABOUT THE ZIMBABWE HUMAN RIGHTS NGO FORUM The Zimbabwe Human Rights NGO Forum (the Forum) is a coalition of 20 human rights organisations. The Forum has been in existence since January 1998 when 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 Forum has now expanded its objectives to assist victims of organized violence and torture (OVT)
The Forum has three operational units: the Public Interest Unit, the Research and Documentation Unit and the Transitional Justice Unit.
The Forum works in close collaboration with its member organisations to provide legal and psychosocial services to victims of OVT and to document all human rights violations, particularly politically motivated violence.
Member organisations of the Zimbabwe Human Rights NGO Forum
• Amnesty International-Zimbabwe • Catholic Commission for Justice and Peace in Zimbabwe • Counseling Services Unit • Gays and Lesbians of Zimbabwe • Justice for Children • Legal Resources Foundation • Media Institute of Southern Africa-Zimbabwe • Media Monitoring Project Zimbabwe • Non-violent Action and Strategies for Social Change • Research and Advocacy Unit • Students Solidarity Trust • Transparency International-Zimbabwe • Women of Zimbabwe Arise • Zimbabwe Association for Crime Prevention and Rehabilitation of the
Offender • Zimbabwe Association of Doctors for Human Rights • Zimbabwe Civic Education Trust • Zimbabwe Human Rights Association • Zimbabwe Lawyers for Human Rights • Zimbabwe Peace Project • Zimbabwe Women Lawyers Association
The Zimbabwe Human Rights NGO Forum can be contacted through: The Executive Director, 8th Floor Blue Bridge, P.O Box 9077, Eastgate, Harare, Zimbabwe Telephone +263 4 250511; Fax +263 4 250494; Email:[email protected] International Liaison Office 55 Commercial Street, London E16LT Telephone: +44 (0) 20 7619 3641; Email: <IntLO@ hrforum.co.zw