QUARTERLY POLITICAL AND HUMAN RIGHTS VIOLATIONS REPORT January - March A report by the Zimbabwe Human Rights NGO Forum

Transcription

1 QUARTERLY POLITICAL AND HUMAN RIGHTS VIOLATIONS REPORT January - March 2015 A report by the Zimbabwe Human Rights NGO Forum March 2015

2 TABLE OF CONTENTS Executive summary... 3 Introduction... 5 Developments in the fulfillment of human rights... 6 Forms of Abuse... 8 Section 1: Civil and Political Rights... 8 a. Violations of the security of the person...8 Enforced or Involuntary Disappearances... 8 b. Rights relating to respect for the integrity of the Person...10 c. Respect for civil liberties...14 d. Violation of the right to privacy...19 e Violation of Prisoners rights...20 Presentation of cases of political violence Section 2: Economic, Social and Cultural rights b. The right to food...25 c. The right to safe and clean water...25 d. Violation of the right to health...26 e. Freedom from arbitrary eviction...27 f. The right to property...29 Conclusion Recommendations ABOUT THE ZIMBABWE HUMAN RIGHTS NGO FORUM Eustinah T Deleted: 1 Eustinah T Deleted: 2 Eustinah T Deleted: 2 Eustinah T Deleted: 2 Eustinah T Deleted: 2 Eustinah T Deleted: 2 Eustinah T Deleted: 2 Eustinah T Deleted: 2 Eustinah T Deleted: 3 Eustinah T Deleted: 3 Eustinah T Deleted: 3 2

3 Executive summary The report covers political and human rights violations in Zimbabwe for the period January to March The first two months of the quarter were generally calm. However, the month of March witnessed a spike in human rights abuses characterised by excessive use of force by the police in quelling protests. It was during the same month that Itai Dzamara, a freelance journalist and pro-democracy activist was abducted by suspected agents of the state. His whereabouts are still unknown. The economic hardships facing the country manifested as food riots by inmates at Chikurubi Maximum Prison. The food riots led to the death of five prisoners and injuries of both inmates and prison officers. The Zimbabwean government has not adequately accounted for these deaths. Although there were few cases of overt political violence, the period witnessed a surge of covert forms of violence in the form of threats, intimidation, and partisan distribution of food and farming inputs. There were few cases of human rights violations involving human rights defenders, who in the past have been victims of unfounded criminal charges in a bid to curtail their operating space. However the notable ones were more severe and had devastating effects on human rights defenders, for example the abduction and disappearance of prodemocracy activist Itai Dzamara. The deteriorating economy severely impacted on the enjoyment of social and economic rights. While it is appreciated that economic and social rights are progressively realized, that is, the rights are to be realised over time, government has not shown commitment to the realisation of these rights as evidenced by its national budget and administrative responses. The right to health, education, safe and clean water, work, food, housing and freedom from arbitrary evictions were violated through the government s inability to have these rights enjoyed. Further, even where people already have access to socio- economic rights, there is an incumbent duty upon the state to improve the nature and quality of such access. Children s rights continued to be violated during the period with some schools 3

4 withholding examination results for non-payment of school fees, contravening the constitutional guaranteed right to education. Some children also failed to obtain birth certificates after hospitals they were delivered at, declined to provide their birth entry records, due to non-payment of maternity fees. A birth record is a requirement for the procurement of a birth certificate. There were also reports on alleged militarisation of the National Prosecuting Authority (NPA). This was manifested after Colonel Solomon Siziba, an administrator on secondment from the army to the National Prosecuting Authority (NPA allegedly assaulted director of the NPA, Florence Ziyambi, at their workplace. Other military appointees to the NPA identified were Major Msipa and Major Manyeruke. The presence of military personnel in civilian institutions is unconstitutional and a violation of section 213 (2) (c) of the Constitution. Rights relating to civil liberties, in particular, rights to petition and demonstrate; freedom of association, assembly, and expression as well as media freedom were also violated. In some instances this was through the government s selective application of the law and use of excessive force. The State had demonstrated little inclination to pursue cases against most of those falsely accused and detained under cited repressive legislation, suggesting that their primary motive on arrest was to intimidate and prevent activities that would be accepted in most societies, including passive resistance and boycotts. This brings to question the practical as opposed to the theoretical appreciation of the Bill of Rights. The continued violation of rights has been worsened by the government s failure to amend all domestic laws with the Constitution. A significant proportion of statutes do not comply with the Constitution. The government has estimated that more than 400 domestic laws need to be realigned with the Constitution. Government s failure to realign laws with the Constitution provides the state with a justification to continue flaunting rights at will. In addition, interviews for the Independent Commissions established in Chapter 12 of the Constitution of Zimbabwe were held from March. 4

5 Concerns have been raised by civil society over the non - compliance of the process with the constitutional requirements of ensuring public participation, access to information and transparency. There is also a concern that the interview questions did not adequately cover the key issues of integrity and knowledge and understanding of, and experience in mediation, conciliation, conflict prevention and management, post conflict reconciliation and peace building by the perspective commissioners 1. In spite of these shortcomings within the process and the delays in conducting the interviews, that is a year after the nomination process, this was still viewed as a step towards the operationalisation of the Commissions, in particular the Gender and the National Peace and Reconciliation Commissions, which have just remained commissions on paper almost two years after the coming into effect of the Constitution. The interviews outcome is yet to be published. In the circumstances, the Forum recommends to the government of Zimbabwe to urgently consider realigning of all laws that do not comply with the Constitution and also to ensure that the truth about the whereabouts of the abducted Itai Dzamara is established and those responsible are held accountable. The Forum also calls on the government to conduct thorough investigations into the Chikurubi riots in order to unearth what truly transpired and respond adequately. Further, the government must commence reforms, both in policy and practice that would ensure that all citizens fully enjoy economic, social and cultural rights and peacefully participate in civic and political affairs of the country. Introduction The Zimbabwe Human Rights NGO Forum (the Forum) produces the Quarterly Political and Human Rights Violations Report (QPVR). 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 1 Section 251 (4) of the Constitution 5

6 January and March 2015 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. Developments in the fulfillment of human rights During the period there were some developments towards the fulfilment of human rights. Citizens in Mt Darwin West and Chirumanzu-Zibagwe constituencies were afforded the opportunity to elect their new members of parliament in by elections held on 27 March. The constituencies fell vacant following the appointment in 2013 of former Vice-President Joice Mujuru and the elevation of Hon Emmerson Mnangagwa to the post of Vice-President of Zimbabwe in December 2014 following the removal of Mujuru from government. According to section 129 (1) (c) of the Constitution, the seat of a Member of Parliament becomes vacant upon the member becoming President or Vice President. However, the by-election for Mt Darwin West constituency was supposed to have been held in 2013 when Mujuru became the Vice President but Parliament overlooked this constitutional provision. 2 According to ZESN, for the first time, ZEC conducted pilot voter registration exercise in the two constituencies. In accordance with the Electoral law, the Commission also provided electronic and printed copies of the pilot voters rolls to stakeholders. 3 In previous elections this was an issue of contention and was also one of the reasons why the MDC-T boycotted the March byelections. At their October 2014 Congress, the MDC-T resolved not to participate in any election, including by-elections until all agreed reforms are 2 See ZESN report on the Mt. Darwin West and Chirumanzu-Zibagwe by-elections 3 Ibid 6

7 implemented, including the provision of a biometric voters. 4 ZANU PF won in all the constituencies during the March by-elections. Although generally the electoral process was free and fair, there were statements of intimidation of voters by some senior politicians and some traditional leaders prior the elections. The Forum and Zimbabwe Lawyers for Human Rights (ZLHR) continue with the anti- impunity drive in efforts to make perpetrators accountable. Victims of 2008 violations continue to litigate and some received compensation awards for damages suffered. On the 10 th of March the deputy sheriff of Mt Darwin carried out executions in favour of two of the Forum s clients, Mr Moses Nyabuna and Mr Gideon Mukoshoware. The execution followed a default judgment passed by High Court Judge Garainesu Mawadze in December 2014 following applications filed by the victims. ZANU PF activists who include Nixon Kampiyo, Kennedy Honde, Yotamu Munyuruka and Reason Kadira were found guilty of arson following the burning down of the homes of MDC supporters Moses Nyabuna and Gideon Mukoshoware in Muzarabani in the run-up to the June 2008 presidential run-off election. Regrettably most of the 2008 violence perpetrators are still to be brought to account. On 2 January, the National Prosecuting Authority (NPA) Act was passed into law. The NPA is responsible for instituting and undertaking criminal prosecutions on behalf of the State and discharging any function that may be necessary or incidental to such prosecution. On 25 February, Advocate Prince Machaya was appointed the Attorney General (AG) in line with section 114 of the Constitution, which separates the AG s office from the NPA. The Forum hopes that Advocate Machaya will speed up the urgent task of realigning all domestic legislation with the Constitution. From March interviews for the independent commissions established in Chapter 12 of the Constitution of Zimbabwe were held. Six candidates were shortlisted for the Zimbabwe Human Rights Commission (ZHRC), 12 for the 4 MDC-T 4th National Congress Resolutions-available at> option=com_content&view=article&id=328:mdc-t-4th-national-congressresolutions&catid=79:latest-news&itemid=659 7

8 Zimbabwe Electoral Commission (ZEC), 30 for the Zimbabwe Gender Commission and 33 for the National Peace and Reconciliation Commission (NPRC). Although there have been concerns regarding transparency of the process and the delays, the interviews were carried out almost a year after the nomination process, this is viewed as a positive step towards the operationalisation of the independent commissions, in particular the Gender Commission and the NPRC. Parliament must also speed up the process of enacting the relevant Acts for the commissions. 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. Section 1: Civil and Political Rights a. Violations of the security of the person Enforced or Involuntary Disappearances Enforced disappearance takes place when a person is arrested, detained, abducted or otherwise deprived of their liberty by state officials or by organized groups or private individuals whose actions are condoned by the state in some way. This is followed by a refusal to disclose the fate or whereabouts of the persons concerned, placing them outside the protection of the law 5. Although the Constitution of Zimbabwe does not provide protection against Enforced or Involuntary Disappearances, it provides for the fundamental rights and freedoms such as the right to life, personal liberty and security, right not to be subjected to torture, cruel and inhuman or degrading treatment, rights of arrested and detained persons, and the right to fair trial, which are infringed upon when someone is dissappeared. 6 5 Article 2 of the UN international Convention for the Protection of all Persons from Enforced Disappearance 6 Sections 48, 49, 50, 52 and 53 of the Constitution of Zimbabwe (Amendment No.20) ACT

9 During the period there were two cases of abduction/enforced disappearances recorded: In February the Public Interest Unit of the Forum took instructions from a victim who was abducted by about 20 ZANU PF supporters on 31 January. The victim, Tendai Maritimi was at Granville cemetery (Kumbudzi) burying one of his relatives when a group of ZANU-PF supporters forced him into a truck and assaulted him. The victim was later dumped at an unknown place. His efforts to make reports at Matapi Police Station (Mbare) were futile. On 9 March Itai Dzamara, a pro-democracy activist and leader of Occupy Africa Unity Square 7 was abducted as he was coming out of a barbershop, where he was having a haircut in Glenview, Harare by unidentified men. His whereabouts and the motives for the abduction are yet to be established. In Zimbabwe it is not typical for armed criminal elements to abduct citizens. The state should thus have been alarmed and mounted serious investigations unless of cause it was involved. Since his abduction Dzamara s whereabouts are still unknown in spite of numerous attempts by his lawyers, Zimbabwe Lawyers for Human Rights and other civil society organization to compel the state to establish his whereabouts and fully investigate the circumstances surrounding his abduction and ensure that those responsible for the enforced disappearance are brought to account. The efforts include among others filing a habeas corpus 8 compelling whoever is holding Dzamara to bring him before the court so as to determine if he should really be in detention. The High Court issued the order which obliges the Zimbabwe Republic Police (ZRP) to work closely and in conjunction with Dzamara s lawyers to search for Dzamara at all such places as may be within their jurisdiction in terms of the law and to report progress of such search to the Registrar of the High Court by 1600 hours every Friday, fortnightly, until his 7 Dzamara Since October 2014 has been occupying Africa Unity Square in Harare and leading protests demanding that President Mugabe steps down for failing to run the country. 8 This is an order requiring the detained person to be released or brought before the court for the lawfulness of the detention to be justified. See sec 50 (7) (a) 9

10 whereabouts have been determined. Regrettably the ZRP has not been consistent in its compliance with the order. The abduction of Dzamara is reminiscent of the 2008 violence when human rights and political activists were abducted, held incommunicado and tortured. Those who survived the ordeal revealed the perpetrators in court proceedings as state functionaries and non-state actors working in collaboration with the state. 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 Torture is any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed; such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. 9 In spite of the progress brought about by the Constitution on the absolute prohibition of torture, there is still a long way to go in ensuring that No person may be subjected to physical or psychological torture or cruel, inhuman or degrading treatment or punishment. State agencies continued to use torture as a means of intimidating, investigating and obtaining information or confessions from real or perceived offenders with impunity, as illustrated by the cases below. On 27 January, Thabo Mokuele was arrested in Gwanda Matabeleland South on allegations of trespassing. Upon his arrest he was taken to Gwanda central police station. While in police custody, Mokuele was 9 See Article 1 of the United Nations Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (1985) 10

11 severely assaulted with a wooden plank on his back and under the feet as well as on the head until he started bleeding from the ear. According to the contents of a letter addressed to the police Commissioner General, Augustine Chihuri, and Home Affairs Minister, Kembo Mohadi by his lawyers, Zimbabwe Lawyers for Human Rights, Mokuela was made to sit while police officers used a bottle to hit him on his hands, ankles and knees. Further, a bridge was made using tables in the office and a mine drill was put at the back of our client s knees and he was suspended in mid-air for more than an hour till his feet were terribly sore and his body temperature was uncontrollably rising. Mokuela who was warned and cautioned by the magistrate is now suing the police with the assistance of his lawyers. On 23 March Happymore Chidziva the MDC-T National Youth Chairperson was assaulted by five soldiers in Harare. The soldiers, who were driving in a black VW Golf vehicle registration number ACA 3738, approached Chidziva at a fuel station in central Harare and ordered him to disembark from his MDC-T branded vehicle. After failing to comply with the order, the soldiers forced open the vehicle s door and dragged him out calling him a sell-out, in the process brutally assaulting him with booted feet and open hands, as well as clenched fists before fleeing when a police officer arrived at the scene. Chidziva sustained an injury on the right eye and received treatment from Avenues clinic. Chidziva has since filed a notice of intention to sue the Zimbabwe National Army for damages in terms of Section 6 of the State Liabilities Act. Arbitrary arrest or detention Arbitrary arrest or detention is the arrest or detention of an individual in a case in which there is no likelihood or evidence that they committed a crime against legal statute, or in which there has been no proper due process of law. During the period under review, a total of five (5) cases of arbitrary arrests and detention were documented. Some of these arrests were for the purpose of 11

12 making investigations thus undermining the principle of justice and fairness. The following are some examples of the cases documented during the period. On 13 January, Pastors Andrew Rufai, Gwarada and Gift Konjana of church of Christ were detained at Chegutu Police Station where they were accused of being involved in MDC-T activities. The three pastors were seen in the company of seven Canadians who had visited the Church of Christ. During the interrogation, police tried to force the pastors to admit that they were doing MDC-T activities. There three were later released after some hours of detention. 10 On 17 February, the Platform for Youth Development Trust Coordinator Claris Madhuku was arrested and detained by security forces first at Parliament building, then at Harare Central Police Station for close to five hours. According to Crisis Coalition Zimbabwe, Madhuku was arrested upon entering Parliament building for the Parliamentary Portfolio Committee on Indigenisation on the Green Fuels project. He was suspected to be the leader of the National Youth Alliance for Action that was suspected to be planning to storm parliament and demand the stepping down of Mugabe. 11 Assault A total of 69 cases of physical assault were recorded and documented by the Forum and its member and partner organisations during the period. Some notable examples include: On 01 February, Riston Tapera was assaulted by ZANU PF supporters on allegations of holding an MDC meeting at his home. Some of the perpetrators were Elliot Munyari, Raphios Zirahwa and Komborero Munyavi. Tapera sustained injuries all over his body. The case was reported at Muzokomba police station and no action was taken to hold 10 See Zimbabwe Peace Project, Monthly Monitor report, January The Crisis in Zimbabwe Coalition Report, Issue Number 329, 18 February

13 perpetrators accountable. The Public Interest Unit of the Forum is taking legal action on behalf of the victim. On 13 February, Florence Ziyambi was reportedly assaulted at her workplace by Colonel Solomon Siziba, the NPA Director for Administration, and Secretary of the NPA Board. The presence of the army in the NPA is unconstitutional as Section 213 (2) (c) of the Constitution states that the defense forces may only be deployed in support of other civilian authorities in the event of an emergency or disaster. On 26 February 22 pupils from Nandi Secondary School in Chiredzi were assaulted over allegations of theft of sugarcane by Chidiki Mamutse, also known as Chikwari, and Khumalo. The two are war veterans who operate as security guards for a sugar cane plantation and are also Special Constabularies. The pupils were beaten under the soles of their feet (falanga,) administered at between 4 24 strokes using sugar cane logs and or a baton stick. Interviewed by the Forum the affected male and female pupils revealed they were subjected to indiscriminate beatings with booted feet, fists and chocking were also administered to some pupils. By the time the interviews were carried out, some of the children were still struggling to walk, put on shoes, sit, do the usual household chores or have concentration in class. The parents were similarly traumatized by the beatings. Although the pupils were taken to Chiredzi hospital they were only given paracetamol, and verbal submissions of the assaulted children indicated residual injuries that require further investigations. Only one victim had an X-ray taken. The case was referred for prosecution. Perpetrators were arrested and remanded out of custody pending the finalisation of the matter. On 21 March, ZANU PF youths working with members of the police assaulted MDC T youths who refused to pay $20 for illegal stands allocation. One of the MDC-T youths sustained a broken leg from the 13

14 assault. MDC-T Councillor, Mr. Majoni and MDC T youths Biggie Chitengu were assaulted resulting in the hospitalisation of Chitengu. Instead of arresting the ZANU PF youths who in this case were the perpetrators, the police arrested the MDC-T youths namely Chabuka, Kuda and Katoma. The three were granted $50 bail by a Chitungwiza Magistrate. 12 The selective application of the law by the police remains a challenge seriously undermining the rule of law. Harassment and Intimidation Cases of harassment remained high during the period. According to consolidated statistics from the Forum and ZPP, there were 306 cases of harassment and intimidation. According to the Progressive Teachers Union of Zimbabwe (PTUZ), in February teachers throughout the country were allegedly being forced to contribute towards the President Mugabe s birthday celebrations held annually on 21 February. Teachers were being forced to pay between $1 and 10 depending on the school and seniority of the teacher. In February, ZANU PF councillor, Luke Matema was forcing villagers in Mashonaland East province to pay $2 in order to receive farming inputs. According to Heal Zimbabwe, villagers who failed to pay the money were denied farming inputs and food aid. 13 On 11 February, the ZANU PF Mashonaland Central Province chairperson ordered artisanal gold panners at Kitsiyatota in Bindura to pay $5 each towards the President s birthday. 14 c. Respect for civil liberties 12 Heal Zimbabwe news update, Cases of human rights violations on an increase. 24 March See Heal Zimbabwe s Healing bulletin Issue 1 February See Zimbabwe Peace Project, Monthly Monitor report, February

15 This section covers freedom of assembly and association; freedom of expression; media freedoms and freedom to demonstrate and petition. 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) that are ultra vires the constitution continue to be used to prevent the exercise of constitutionally guaranteed freedoms. During the period, the Media Monitoring Project of Zimbabwe (MMPZ) and Media Institute of Southern Africa (MISA) recorded 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 and also in the African Charter on Human and Peoples Rights and the International Covenant on Civil and Political 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 24 th January 2015, the Government of Zimbabwe stopped a local organisation, Ibhetshu Likazulu from commemorating the Gukurahundi atrocities in the 1980s. The ban on the commemorative event is the third such prohibition by police. In April 2011, a co-minister of the Organ on National Healing, Reconciliation and Integration, Mr. Moses Mzila, and a Catholic priest Pius Ncube were arrested in Hwange for organizing a memorial service for the victims of Gukurahundi. On 17 February, villagers from Chisumba in Karoi, Mashonaland West province, who had attended an Election Resource Centre (ERC), civic education meeting were harassed by ZANU PF councillor Chasara, for 15

16 wearing ERC t-shirts. The villagers were told never to wear such regalia. 15 Freedom of expression and of the media Reporters Without Borders 2014 Press Freedom Index ranked Zimbabwe 131 out of 180 countries, an improvement from 2013 when the country was ranked 135 out of 180 countries on respect for press freedom. The Reporters without Borders ranks countries according to a range of criteria that include media pluralism, respect for the safety and freedom of journalists and the environment in which they operate from. 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. Although Press freedom is the hallmark of a democracy the following are some of the cases that were documented. MISA and MMPZ, organisations that primary advocate for media freedom and freedom of expression documented a total of seven (7) cases relating to violation of freedom of expression and of the media during the first quarter. On 4 February, state security agents harassed journalists at the Harare International Airport following President Mugabe s fall. Journalists were interrogated and ordered to delete pictures of the President s fall. On 5 February, Reverend Tititi Moyo leader of the Christ Apostolic Worldwide Revelation assaulted four journalists from both the private and public media namely Jackie Gwemende, Dzikamai Mandizvidza, Blessed Mhlanga and Munyaradzi Musiyiwa. The four were assaulted in the town of Kwekwe on accusations of taking pictures without the Reverend s permission. According to MISA, the journalists had gone to Moyo s Broader Town Complex restaurant to interview him on allegations the clergyman was a harassing neighbour at his Sherwood Farm. 15 Zimbabwe Peace Project, February Monthly Monitor Report,

17 On 05 March, McDonald, the director of Rockland College, threatened Makondesa Winstone Antonio, a journalist from Newsday with death. According to MISA the journalist had just asked for a comment on allegations that the Zimbabwe School Examination Council (ZIMSEC) was withholding the college s Ordinary level Geography results. Access to information The Constitution provides a right to access to information to every Zimbabwean citizen (Section 62). Challenges have been faced due to the restrictive nature of AIPPA. Victims of torture who have managed to be awarded damages continue to suffer from futility of such awards. The state hides behind this draconic piece of legislation preventing such victims from enforcing their judgments. The right of access to information is one of the fundamental human rights recognised by national, regional and international law that is necessary for functioning democratic governance and for promoting an efficient, effective, transparent and accountable government. Pro-activeness of courts in expanding the frontiers of freedom of information through decisions and its operations strengthens the public s desire to access and use courts in building a democratic society. Violation of the freedom to demonstrate and petition The right to protest is enshrined in the Constitution. Section 59, under freedom to demonstrate and petition specifically states that, Every person has the right to demonstrate and to present petitions, but these rights must be exercised peacefully. Zimbabwe s current law, policy and practice neither guarantees the right to peaceful protest, nor does it have intrinsic safeguards to ensure that protesters human rights are protected in all circumstances. On 18 February police barred members of PTUZ from conducting a march to commemorate Global Action Day for the right to strike. This 17

18 was prior to a notice by the PTUZ of the intended march. Police came up with unrealistic demands for the march to be cleared, including that PTUZ produce a clearance letter from the PSC, provide details of the marchers and registration numbers of vehicles to be used. Following peaceful protests on 29 January by Gweru Residents and Rate Payers Association (GRRP) over service delivery in Gweru, ZRP and CIO reportedly restricted meetings and banned demonstrations of civil society organisations in Gweru, Midlands Province. 16 On 13 February Women of Zimbabwe Arise (WOZA) held their traditional Valentine day in Bulawayo. The protest was conducted under the theme Demanding Dignity Demanding Women s Empowerment! The protest followed a civic education programme covering the constitutional clauses on the right to earn a living. Demands included the creation of jobs, a halt on the relocation of informal traders from Bulawayo city centre and the urgent convening of a countrywide consultation to map a collective way forward, on how to revamp the economy putting women and youth at the centre of the economic empowerment action plan 17. The protesters were however forcibly dispersed by anti riot police who assaulted them and manhandled their leaders, resulting in two members fainting and one falling unconscious. Five members received medication for soft tissue bruising and one was admitted to the emergency rooms and finally discharged two hours later. The police used cruel, inhuman and degrading treatment to force members out of town and used violent means to deprive them of their constitutional right to protest. 18 Violation of freedom of conscience Section 60 of the Constitution provides for freedom of conscience. It states, Every person has the right to freedom of conscience which includes freedom 16 The Crisis in Zimbabwe Coalition Report, Issue Number 326, 09 February See WOZA Zimbabwe press statement 18

19 of thought, opinion, religion or belief. During the period one case was documented in relation to violation of freedom of religion in Chegutu. On 25 March, Mrs. Zorodzai Munyimi refused to participate in a witchhunting ceremony on religious grounds. The ceremony was authorized and convened by Chief Ngezi, real name Peter Pasipamire at Riversdale and Bougainvillia farms, Chegutu. She and 11 others faced inhuman and degrading treatment. The victims were assaulted, harassed and accused of practicing witchcraft by a militia belonging to Chief Mungezi. In interviews with the Forum, the victims narrated that they were manhandled, dragged from their homes and forced to walk barefoot in the stifling heat to a site where the witch-hunting by a diviner, Tsikamutanda was being executed. They were taunted and jibed at by the chief s militia as well as the crowd from the community that had gathered to participate at the witch-hunting ceremony. Forced participation at witch-hunting ceremonies is illegal and Chiefs are government representatives who should abide by the law. d. Violation of the right to privacy The right to privacy is provided for in section 57 of the Constitution of Zimbabwe. However in March the Government reportedly came up with a draft Computer Crime and Cybercrime Bill meant to widen its spying and monitoring of civilians. According to the draft bill the proposed law, among other stipulations, provides for a police officer to apply to a magistrate for authorisation to utilise a remote forensic tool 19 which would be installed on the suspect s computer system in order to collect relevant evidence. 20 Zimbabwe already has the widely criticised Interception of Communication Act (ICA) 2007, which infringes on the citizens rights to 19 A remote forensic tool is defined in the draft bill as an investigative tool, including software or hardware installed on or in relation to a computer system or part of a computer system and used to perform tasks that include but are not limited to keystroke logging or transmission of an IP-address

20 privacy by giving the government significant powers of surveillance over their communications. e Violation of Prisoners rights In Zimbabwe, prisoners rights are regarded as human rights. The Constitution spells out fundamental rights of prisoners which government must protect. Section 51 of the Constitution provides that every person has inherent dignity and the right to have that dignity protected and respected. While section 50 (5) states that any person who is detained, including a sentenced prisoner, has the right (d) to conditions of detention that are consistent with human dignity, including the opportunity for physical exercise and the provision, at state expense, of adequate accommodation, ablution facilities, personal hygiene, nutrition, appropriate reading material and medical treatment. 21 Furthermore, Zimbabwe is a signatory to regional and international instruments that obliges states to treat persons deprived of their liberty with humanity, dignity and respect while in detention. However prison conditions in Zimbabwe are inhuman and unfit for human habitation. Nelson Mandela once said no one truly knows a nation until one has been inside its jails. A nation should not be judged by how it treats its highest citizens, but its lowest ones. The state of Zimbabwe s prisons was put on the spotlight on 13 March when over 900 inmates demonstrated over poor conditions and diet. The riot led to the death of five prisoners and injuries of both inmates and prison officers. Prisoners who were suspected of masterminding the food riots were reportedly subjected to torture and other forms of inhuman and degrading treatment such as denial of health care, food and spending the whole day stark naked. At the time of writing seven prisoners are on remand for leading the riots. The Zimbabwe Prisons and Correctional Services has set up a five-member board commission of inquiry to investigate circumstances surrounding food riots. 21 See Sec 50 of the Constitution of Zimbabwe 20

21 There is also the problem of overcrowding in Zimbabwe s prisons. This is in spite of the 2014 Presidential amnesty that saw 2000 prisoners being freed. According to the Zimbabwe Prisons and Correctional Services spokesperson in an interview with the Herald newspaper, as of 9 January the ZPS had inmates in the country s 46 prisons, 12 percent above the holding capacity of inmates. In addition, as of 16 January, the country s 46 prisons also had 36 children living with their imprisoned mothers thereby congesting already overcrowded cells. 22 It has become apparent that since the withdrawal of the International Committee of the Red Cross (ICRC) in 2011, the Zimbabwe Prison Service (ZPS) has been experiencing a critical shortage of food to feed inmates. 23 The ICRC used to assist the government by supplying prisons with basics such as beans, cooking oil and groundnuts. Food shortages have also been exacerbated by inadequate budgetary allocations to the ZPS. Prisons in Zimbabwe also face the challenge of transporting prisoners to attend trial in time or routine remand hearing due to limited fuel allocations violating inmates constitutional right to be heard within a reasonable time frame. Presentation of cases of political violence The cases of civil and political violations during the period are tabulated below. A total of 390 cases were recorded during the quarter. 22 The Herald 11 February 2015, available at 23 Prison riots reflect state of the nation, The Independent Newspaper, 20 March 2015, available athttp:// 21

22 Figure 1: Cases of political violence January to March 2015 SOURCE: Consolidated statistics from the Forum, member and partner organisations and verified press reports There was a high prevalence of harassment and intimidation 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. Perpetrators of human rights violations January to March

23 The chart below highlights the perpetrators of violations by affiliation. Chart 1: Perpetrators of human rights violations January March 2015 SOURCE: Consolidated statistics from the Forum, member and partner organisations and verified press reports Section 2: Economic, Social and Cultural rights 23

24 The Constitution of Zimbabwe has an expansive and progressive Bill of Rights that includes economic, social and cultural rights (ECOSOC). ECOSOC rights include the rights to language, culture, education, health care, food, water, labour rights, environmental rights, and freedom of profession, trade, or occupation. These rights have however not been adequately addressed by government despite constitutional guarantees for such. While it is appreciated that economic, social and cultural rights are progressively realized, that is, the rights are to be realised over time. The Government has not shown commitment to the realisation of these rights as evidenced by its national budget and administrative responses. The right to health, education, safe and clean water, work, food, housing and freedom from arbitrary evictions continues to be violated through the government s inability to have these rights accessible to everyone a. The right to education The right to education is provided for in section 27 of the Constitution, which states that, The state must take practical steps to promote free and compulsory basic education for children; and higher and tertiary education. Poor funding to the education ministry has however compromised children s enjoyment of the right to education. It is estimated that about one million Zimbabwean pupils from poor backgrounds, including orphans are being assisted under the Basic Education Assistance Module (BEAM). However the government has repeatedly allocated insufficient funds towards BEAM. In the 2015 national budget BEAM was allocated a meagre $7 million against an ideal requirement of $75 million. According to Justice for Children, some schools were also in the habit of withholding results for students who would have failed to pay schools fees in violation of section 75 of the Constitution. Cases that illustrate violation of the right to education are as follows: Following Harare City Council s failure to maintain and repair the sewer system, Glen View Primary School in February was closed following a burst sewer pipe that left sewage flowing in the schoolyard. 24

25 The whole school was swamped with sewage exposing pupils and teachers to diseases. The closure of the school largely affected grade sevens who are writing public exams in October. The school reopened two weeks later following the intervention of ZLHR urging Harare City Council to rectify the issue. 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. According to Heal Zimbabwe Trust 24, the distribution of farming inputs continues to be politicised in most parts of the country s provinces. Heal Zimbabwe s Community Needs Assessment workshops organised in Manicaland, Mashonaland East and Matabeleland North provinces, established that there is selective distribution of farming inputs orchestrated from village heads that deny registering perceived opposition supporters on the list of beneficiaries. 25 There were reports of food aid distribution along partisan lines with purported supporters of mainly the MDC being discriminated against. 26 The Forum through its Public Interest Unit took instructions from a victim from Mudzi who was being denied food aid for her disabled daughter by the village head. c. The right to safe and clean water Access to clean and safe water is a universal right of very citizen and is enshrined in Section 77 of the Constitution. Despite this constitutionally guaranteed right, there are persistent severe water shortages, water contamination and pollution and the resultant health hazards. Water shortages are exacerbated by unlawful and unprocedural disconnection of water services to households and public institutions. Areas such as Mabvuku 24 See Heal Zimbabwe, The Healing Bulletin, Issue 01, February 2015, www. Heal Zimbabwe.co.zw 25 Ibid 26 See the Zimbabwe Peace Project Monthly monitor report for January and February

26 in Harare, for example have not had running water for the past 15 years. Local authorities in several district and municipalities have carried out illegal disconnections. This results from government s lack of commitment to fulfill the right to water through the budgeting process as well as poor administrative procedures and arrangements. Plans to introduce prepaid meters by Harare and Bulawayo city councils are at an advanced stage. The introduction of prepaid water metres, if implemented will make water unavailable and inaccessible for those who cannot afford to pay, resulting in an infringement of a clearly articulated right to water that is entrenched in the constitution. Effects of water rights violations have been vulnerability to diseases, inhuman and degrading treatment and violation of the right to an adequate standard of living. The following are some illustration on the violation of the right to water. In January, the Harare City Council unconstitutionally shut down water supplies for three days without providing alternative safe water. According to international best practice, when a local authority cuts water supplies, it must ensure that supplies are not closed to ensure availability of water. On 12 March, Masvingo Residents Trust dragged the Masvingo City Council to court for unlawful and unprocedural water disconnections. d. Violation of the right to health The Constitution provides for the right to health care. Section 76 (1) states, Every Citizen and Permanent Resident of Zimbabwe has the right to access basic health-care services, which include reproductive health- care services. In spite of the constitutional guarantee, the right to heath continues to be violated. The violation has been exacerbated by government s failure to allocate sufficient funds to the health sector in its 2015 National Budget. As such the country's healthcare system continue to rely on funding from donor 26

27 partners and developmental agencies. Water shortages experienced in most towns coupled with poor sanitation have resulted in the outbreak of diseases. During the quarter, a total of 204 confirmed cases were reported. The cases were reported in Harare, Bulawayo, Manicaland, Mashonaland East and Central provinces. 27 A total of 12 confirmed cases of cholera were also noted during the period. At a press conference held on 9 March 2015 in Harare, the Minister of Health and Child care stated that confirmed cases of cholera were reported in Chiredzi district, Masvingo Province (two cases), Mudzi district - Mashonaland East Province; (three cases) Beitbridge district - Matabeleland South Province (six cases) and Chipinge District Manicaland Province (one case). 28 The cholera cases were only confirmed in the country s boarder towns can be attributed to the spill over effects of cholera outbreak in Mozambique. The outbreak of cholera brought back memories of 2008 when Zimbabwe experienced the worst cholera outbreak in its history from August 2008 to July 2009 where almost 100,000 cases and 5,000 deaths were reported in 55 of the country s 63 districts. 29 e. Freedom from arbitrary eviction Freedom from arbitrary eviction is protected by section 74 of the Constitution which states; 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. Contrary to this, the government has carried out demolitions oblivious of constitutional guarantees of freedom from arbitrary eviction. On 26 March, Chitungwiza Mayor Councilor Phillip Mutodi allegedly demolished Sakhelene Mudunge s house, at stand number of Manyame Park in Unit B in Seke in Chitungwiza, in a bid to take over Zimbabwe: Cholera Outbreak Press Briefing March 9, 2015 available at 29 ibid 27

28 the 2000 square- meters stand. The matter was reported at St. Mary's police station under RRB Mayor Mutodi's actions were illegal since the Constitution of Zimbabwe under clause 74 gives citizens freedom from arbitrary eviction. 30 On 7 January, armed police invaded Arnold farm in Mazowe and indiscriminately and arbitrarily demolished homes, setting on fire personal belongings of some 200 families in a bid to evict them and pave way for the First Family to establish a wildlife sanctuary. This inhumane behaviour by the police prompted the villagers to approach the High Court through their lawyers, Zimbabwe Lawyers for Human Rights. On 12 January the High Court issued an order barring forced evictions of the families. This was a positive move towards the enforcement of the constitutionally guaranteed rights and freedoms and the rule of law. It is important to note that this was not the first time the Arnold villagers experienced this inhumane act. In 2014 about 900 families from the same farm were evicted. Some of the victims were reportedly dumped in Rushinga and others along the Harare Bindura road, violating their health rights, access to shelter, education and associated rights. A High Court order halting the evictions and issued in October 2014 was not respected. On 17 March, University of Zimbabwe (UZ) students were arbitrarily evicted from their halls of residents following a demonstration over lecturers strike. Levi Nyagura, the UZ vice chancellor, forced students out of campus residence on short notice and gave them a few hours to pack and find alternative accommodation. The eviction left hundreds of students from out of Harare stranded and impinged on the students rights to shelter and food. Lawyers from ZLHR intervened by warning the UZ authorities to reverse the eviction of the students. This resulted in the opening of the university the following day on 18 March The Crisis in Zimbabwe Coalition, Issue Number 339, 26 March

29 f. The right to property Threats of farm invasions continue as the political elite fights for the remaining white commercial farms. This seemed to have been fueled by Vice President Mnangagwa s statements emphasising that land takeovers would be stepped up, those with multiple farms, we will take them, the few whites on the farms we will look into that land and those with big farms we will cut to size. 31 On 24 January, Mandi Chimene, the Provincial Governor for Manicaland confirmed at a rally that she evicted white farmers from 12 farms in the headlands district. In the Matabeleland South province area of Matobo, the attempted takeover of Maleme Ranch previously owned by the Cunniggham family by Mr. Mashingaidze, a State intelligence officer by force, faced fierce resistance from small-scale farmers. The ranch provided a source of livelihood to over 800 villagers and also a training college to over 100 students among other facilities. According to ZLHR lawyers who were representing the villagers, a total of 12 villagers were arrested and detained on accusations of kidnapping Mr. Mashingaidze s security guard in contravention of section 93 (1) (a) of the Criminal Law (Codification and Reform) Act. The villagers are now out on free bail and will appear in court on 02 April Following sustained pressure from villagers the planned takeover of the farm was reversed. Conclusion Although, there is a continued decline in the prevalence and incidences of overt violence, a noticeable trend from the period of the Government of National Unity that expired in 2013, the Government must improve the operating political environment so that Zimbabwean citizens are able to enjoy 31 IBA Legal Brief Africa, Issue Number 611, 26 January