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

Transcription

1 QUARTERLY POLITICAL AND HUMAN RIGHTS VIOLATIONS REPORT April - June 2014 A report by the Zimbabwe Human Rights NGO Forum July 2014

2 TABLE OF CONTENTS Introduction... 3 Executive summary... 3 Developments in the fulfillment of human rights... 4 Violations... 7 a. Violations against human rights defenders...7 b. Rights relating to respect for the integrity of the Person...8 Torture and other cruel, inhuman or degrading treatment or punishment...8 Arbitrary arrest or detention...9 Assault...10 Harassment and Intimidation...11 c) Property violations...12 d. Respect for civil liberties...13 Freedom of assembly and association...13 Freedom of expression and of the media...13 d. Violations of special interest groups...14 The LGBTI/MSM/WSW community...14 Children...15 Prisoners...15 Summary of political violence Economic, Social and Cultural rights Conclusion ABOUT THE ZIMBABWE HUMAN RIGHTS NGO FORUM

3 Introduction The Zimbabwe Human Rights NGO Forum (the Forum) produces the Quarterly Political and Human Rights Violations Report, a monitoring tool to track and document trends in civil, political, economic, social and cultural rights violations in Zimbabwe. The current issue covers the period between April and June 2014 and highlights developments, statistics and trends in human rights violations. The data used for this report was derived from the Forum s Public Interest Unit (PIU), member and partner organisations and verified press reports. Although this report gathers its data from multiple sources, it does not become 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 There have been positive developments during the quarter that contributed to the promotion and fulfilment of human rights. These include court victories on litigation against human rights violations; preparations for nominations for the appointment of commissioners to the Zimbabwe Electoral Commission, Zimbabwe Human Rights Commission, Zimbabwe Gender Commission, Zimbabwe Media Commission and the National Peace and Reconciliation Commission; and continued advocacy efforts contributing to the fight against torture. Disturbing developments were also observed. These relate to government s lack of political will to align pieces of legislation that are incompatible with the Constitution. A year has passed since the Constitution was promulgated. In addition, constitutional subversion was observed in the period. The Electoral Amendment Bill (H.B. 7, 2013) was passed in Parliament on the 28th of May 2014 without consideration of public and key stakeholders views 3

4 as provided for in Section 141 (a) and (b) of the Constitution as well as the Standing Rules and Orders No. 159 and No. 160 of Parliament. ZESN expressed concern that the Bill does not enshrine the right to vote, according to Section 67 (3) (a) of the Constitution. There was a decline in cases of politically motivated violence. The Zimbabwe Peace Project (ZPP) recorded a total of 526 cases of violence for the period April to June. Key human rights violations events included forced contributions for the independence anniversary; intra-party fighting in the MDC-T; numerous violations at Chingwizi camp; lawlessness as in the case of the violence associated with police and members of Johanne Masowe Apostolic sect and aarbitrary evictions in different parts of the country. Intra-party fights in the MDC-T continued and these were characterised by overt and covert violence involving assaults and intimidation. Inter- party violence exploded in Epworth near Harare on 4 and 5 May following an MDC- T rally. Political party members from ZANU PF and MDC-T were allegedly assaulted, some seriously injured; homes were destroyed, and some lost their valuables during the violence. Avoidable violence between police and members of the Johane Masowe Apostolic Faith cult in Budiriro on 30 May, led to the assault of police officers and journalist by members of the sect. This resulted in the arrest of 24 members of the sect who were tortured by the police while in custody. Efforts remained on going by human rights defenders and Parliament to realign legislation that is not compatible with the Constitution. Speedy progress in this regard will promote constitutionalism and fulfillment of the rights of all. Developments in the fulfillment of human rights Public interest litigation in the cases of Nyasha Gutsire v. Matthew Makanyanga and Nicholas Matsivira 1 as well as Jonathan Mushawa v 1 HC 1320/09 4

5 Minister of Defence 2 bore some fruit on the work of human rights defenders. Mr Gutsire was a victim of the 2008 electoral violence. He was abducted by ZANU PF supporters and detained at a base at Nyamhuka Business Centre in Nyanga where he was severely assaulted. The High Court awarded him damages worth $3000 for shock, pain, suffering, unlawful arrest and detention. Mr Mushawa was also a victim of an assault by soldiers in He was awarded damages worth $2000 for pain, suffering and contumelia by the High Court. The judgments confirmed that no individuals are beyond the reach of the law. The Postal and Telecommunication (Subscriber Registration) Regulations were repealed in June 2014 and were replaced with Statutory Instrument 95/2014. The new regulation obliges a law enforcement agent to be in possession of a warrant or court order to obtain information related to mobile phone transcribers information. Previous legislation allowed Postal and Telecommunications Regulatory Authority of Zimbabwe (POTRAZ) to provide information from its central database to a law enforcement agent, if it had received a prior written request from an official of a law enforcement agency. The previous regulations violated the right to privacy as they allowed third parties to access subscribers personal data without a court search warrant. The Constitutional Court on 5 June ruled as unconstitutional the detention of Women of Zimbabwe Arise ( WOZA ) leaders in filthy conditions that constitute inhuman and degrading treatment. The Court also ruled that the WOZA leaders rights to protection against discrimination were violated. The Court directed the Ministers of Home Affairs, the Commissioner-General of Police to take all necessary steps and measures within their powers to ensure that at Harare Central Police Station; a) All holding cells shall have clean and salubrious flushing toilets with toilet paper and washing bowl. b) The flushing toilets to be cordoned off from the main cell to ensure privacy. c) A good standard of hygiene shall be maintained in the holding cells. 2 HC 10147/03 5

6 d) Every person detained in police custody overnight shall be furnished with a clean mattress and adequate blankets. e) Adequate bathing facilities shall be provided for all persons detained in police custody overnight. f) Every person detained shall have access at all times to wholesome drinking water from a source other than the tap above the toilet. g) Women detained in police custody shall be allowed to keep their undergarments including brassieres, and to wear suitable footwear. The Constitutional Court again on 25 June 2014 upheld dual citizenship that is provided for in the Constitution in the case of Farai Madzimbamuto, who had sought from the court freedom to travel and live in Zimbabwe on his South African passport without applying for a residence permit. During the quarter, the public was invited, in line with the provisions of the Constitution, to nominate for appointment commissioners to the Zimbabwe Electoral Commission, Zimbabwe Human Rights Commission, Zimbabwe Gender Commission, Zimbabwe Media Commission and the National Peace and Reconciliation Commission. The public was also invited to be present during interviews for judges to the Supreme Court as required by Section 180 of the Constitution. The Government remained committed to working with its local stakeholders in preparing and validating the government report for the Universal Periodic Review Process. The validation workshop in which CSOs participated took place on the 17 th of June. The Ministry of Justice, which is the main drafter of the report, was asked to address a number of gaps and inconsistencies identified by the stakeholders. Despite this, Zimbabwe is still to ratify the Convention Against (CAT), a core concern raised during the Universal Periodic Review of Zimbabwe. The 55 th Session of the African Commission on Human and Peoples Rights (ACHPR) presented an opportunity for CSOs under the Forum consortium to engage the chairperson of the Committee on Prevention of Torture in Africa, a 6

7 working group of the Commission on torture, on the human rights situation in Zimbabwe. The main impediment towards the absolute prohibition of torture in Zimbabwe is lack of political will. The engagement secured the chairman s intention to develop an interpretative General Comment on Article 5 of the African Charter, which prohibits torture. There have been disturbing developments that reflect lack of political will by the government to enable the citizens to enjoy their rights as guaranteed by the Constitution. Government has been slow in implementing the Constitution. In May 2014 the Ministry of Justice, Legal and Parliamentary Affairs announced that government had started aligning 400 Acts of Parliament with the new Zimbabwe constitution 3. Calls for such alignment have been called for by human rights lawyers from as far back as September and by the Senate on 8 October However, the absence of a clearly outlined plan of action with specific timeframes throws some doubt in government s sincerity in ensuring the achievement of this goal achieved. It is a shame, more so, that the continued violation of their basic rights, citizens are still to approach the Constitutional Court to challenge laws that violate their rights. 6 Violations Section A discusses violations relating to civil and political rights and Section B those violations relating to economic, social and cultural rights. Section A: Civil and political rights violations a. Violations against human rights defenders During the period under review, violations against human rights defenders 3 Daily News, 19 May Southern Eye, September Newsday 9 October View of former Deputy Justice Minister Jessie Majome, during discussion held under the Zimbabwe Lawyers for Human Rights (ZLHR) Frankly Speaking Series, located at on 17 July

8 have largely been structural, emanating from the government s failure to align current legislation with the 2013 Constitution. Offending laws such as Public Order and Security Act (POSA) and the Access to Information and Protection of Privacy Act (AIPPA) remained in place and were applied selectively by state institutions at the expense of citizens enjoyment of constitutional freedoms. Law enforcement agencies in particular continued to bring unfounded criminal charges against human rights defenders 7. Through systematic disregard of the right to free association, the operating space for human rights defenders was restricted. The following are some of the examples recorded during the period. On 8 May 2014, Trust Maanda, a human rights lawyer representing six ex-mbada Diamond Mining firm workers who were suing the police, for implicating them in a $3 million diamond theft case, was arrested and charged with defeating the course of justice. The arrest of Maanda was described by Zimbabwe Lawyers for Human Rights as a fresh assault on the legal profession following a similar arrest of Beatrice Mtetwa in In May Prosecutor-General of the National Prosecuting Authority (NPA) appealed against the acquittal of human rights lawyer Beatrice Mtetwa. Mtetwa was acquitted on charges of contravening the Criminal Law Act after an altercation with police in November The NPA application has been perceived by the Zimbabwe Lawyers for Human Rights (ZHLR) as continuing persecution of human rights defenders. b. Violations against the integrity of the Person Although the political environment remained relatively calm, there were reported cases of torture, assault, harassment and intimidation recorded during the period. Torture and other cruel, inhuman or degrading treatment or punishment 7 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. 8

9 A total of 27 cases of torture were recorded during the period. Although torture is a crime prohibited under domestic and international law, torture cases still exist in Zimbabwe. Of the 27 torture cases recorded 24 involved members of the Johanne Masowe Echishanu Apostolic sect led by Madzibaba Ishamael Mufani who was allegedly tortured while in police custody. Other torture cases are as follows: On 3 June an MDC-T youth chairperson in Marondera was assaulted by a police officer at Dombotombo police station, after he had visited a party member who had been arrested for public drinking. The officer accused him of boasting about his party and broke his arm. A report was lodged at Marondera police headquarters but no arrests were made. 8 On 30 June Chatfield farm workers in Darwendale were beaten up by their employer, a CIO operative together with his work colleague, in front of their families, for demanding payment for their labour. The farm workers reportedly last received payment in December On 2 April at Zororo centre in Harare, soldiers assaulted four MDC-T activists and a Pastor who were putting up MDC-T posters. They suffered injuries and were taken by police to hospital while the soldiers were not arrested. The Government of Zimbabwe (GoZ) is still to ratify and domesticate the Convention Against Torture in line with the recommendations of the UN Human Rights Council (HRC), Universal Periodical Review (UPR) on Zimbabwe in 2011 and commitments made by government following this recommendation. Arbitrary arrest or detention Police continued to use arbitrary arrests or detention to intimidate or harass human rights defenders and political activists. The following cases illustrate such cases for the period under review: 8 ZPP Monthly Monitor, June

10 On 18 June MDC councilor for Lupane West was harassed and unlawfully detained by police after he opposed the Council Chairman s motion during a full council meeting. Police detectives quizzed him on why he opposed the motion and detained him overnight at Lupane police camp. He was released the following day after his lawyers intervened. On 28 June in Victoria Falls Bulawayo Agenda officials Mmeli Dube, Butholezwe Kgosi Nyathi, Nthombiyezansi Mabunda Tozana and Thulani Moyo were arrested and charged for allegedly holding a public meeting without police clearance. The arrests were perceived by ZHLR as the curtailment of citizens fundamental rights by abusing and using some provisions of POSA, in contravention of Section 58 of the Constitution, which guarantees freedom of assembly and association. Assault ZPP recorded 62 assault cases. Some of the cases that illustrate the assaults are as follows. On 10 April the organizing secretary for MDC-T Harare was assaulted by one Shakespeare Mukoi for being aligned to the party s expelled deputy treasurer Elton Mangoma and showing up for a meeting he had been barred from attending. 9 On 11 April at Dabula West village, Bubi Constituency, David Mkandla of Zanu PF reportedly assaulted an MDC-T activist with an axe handle for being an MDC-T member. The matter was reported to the police and the perpetrator was fined $20. On April 18 at Mbuya Nehanda Primary School in ward 20 of Goromonzi South Constituency, Zanu PF members assaulted three MDC-T members for refusing to chant ZANU PF slogans Daily news 15 April ZPP April 2014 monthly report 10

11 On 18 April at Tombo (Nyanga South), a Zanu PF activist Juliet Mukura physically attacked an MDC-T activist who was attending the independence commemorations, on the grounds that independence commemorations were for Zanu PF members only. In May Bonnyface Kusena, a resident who claimed he was looking for his cattle near a dam in Chiadzwa had dogs set upon him by security guards who also assaulted him in acts perceived to be related to flushing out diamond panners 11. On 4 and 5 May in Domboramwari District, Epworth after an MDC-T rally in the area 12, 13 MDC-T supporters were assaulted, some seriously injured, by unidentified assailants with political motives. One of the victims lost property from violence. Harassment and Intimidation Cases of harassment were significant during the period. A total of 452 cases of harassment were recorded. 13 The following cases illustrate harassment and intimidation experienced: On 10 April a Zanu PF supporter of Chirumanzu Sebagwe Ward 21, accused of voting for the opposition in the July 2013 elections was threatened with eviction by Zanu PF leader Jose Madiro at a developmental meeting held at Chishuku Primary School. Between the 15 and 16 April 2014 in Mwenezi, a perpetrator only identified as Gondo, forced civil servants in the area to contribute $5 each towards the Independence celebrations. Gondo is a civil service inspector in Mwenezi. On 3 June a Radio and TV repair shop owner at Chawarura Business Centre, Muzarabani South, was barred by Zanu PF youths led by Rasy Chapata from accessing his shop because he had attended a meeting organised by ZimRights. The man was ordered to leave the premises. On 30 June in parts of Zaka and Gutu Districts, Zanu PF MPs and 11 Newsday, May 19, Victims statements submitted to the Forum Public Interest Unit 13 ZPP Monthly Monitors for April, May and June 11

12 village heads are alleged to have forced villagers to meetings where they forced them to complete data forms with personal details such as personal history, party affiliation, identity number, voter registration status and employment history. Villagers were also coerced to pay R2 for each form issued and non-compliant villagers were threatened with eviction from the villages. c) Property violations Property violations are outlawed by article 25 (1) of the Universal Declaration of Human Rights, which states: Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control. Planned demolitions of illegal housing structures remained in place during the quarter. There were court and political battles between local authorities and homeowners who were under threat of having their homes demolished. This was not restricted to urban areas. The police and a Deputy Sheriff from Chivhu, using a High Court order which gave them powers to evict villagers in a disputed area, demolished homes in Denhere village, Buhera Central, leaving over 300 homeless. Property rights violations also included malicious damage to property. Related incidences including the following: On 3 May in Nyanga South at Mukwekwe village unknown arsonists set on fire a thatched kitchen belonging to a ZANU PF activist. The activist had reportedly denied some MDC-T members access to potato fertilizer being given to potato farmers under the GMB programme, which she converted to her own use. In the same village on 23 May, suspected ZANU PF activists set alight the thatched house of an MDCT supporter who had verbally abused ZANU PF activists at their meeting. On 2 June, ZANU PF youths under police watch raided and burned the 12

13 shrine of Johane Masowe wechishanu on the outskirts of Budiriro suburb, Harare. They destroyed all fabrics and clay pots they found on the shrine in retaliation for the attacks on police officers and journalists by the sect members on 30 May. d. Respect for civil liberties This section covers freedom of assembly and association, freedom of expression and of the media guaranteed by the Constitution. 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) are still in use and prevent the exercise of constitutionally guaranteed freedoms. During the period under review journalists were denied 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. ZPP recorded 8 cases of violations of freedoms of assembly and association. A key event during the period that was recorded from press reports was the illegal ban of the Johane Masowe echishanu apostolic faith sect in Budiriro, by Bishop Ndanga, a self-appointed leader of a group that claims to regulate apostolic faith churches. Human rights defenders accused police who escorted Bishop Ndanga to announce the ban of legitimising an undue process under law since Bishop Ndanga had no jurisdiction over the sect accused the police. On 4 June a fruit and vegetable vendor at Tanganda Halt in Chipinge West, had her trade stock vandalized by a group of soldiers because she was wearing her MDC-T t-shirt. Freedom of expression and of the media The right to the freedom of expression and freedom of the media is safeguarded respectively in section 61 (1) and (2) of the Constitution of Zimbabwe. However, some journalists were prosecuted as criminals through 13

14 laws that had been outlawed by the Constitution. The following are some of the cases that were documented during the period. In April and June 2014 respectively, community radio initiatives, Radio Dialogue and Radio Kwelaz were raided by police under suspicions they were in violation of the Broadcasting Services Act when they were not in breach of any legislation. On 3 May police banned the march to mark World Press Freedom Day. Baton wielding riot police blocked the peaceful march by journalists after police had withdrawn authorisation sanctioning the march and road show to continue. The Minister of Information expressed displeasure over the actions of the police in banning the march, which was later re-scheduled to a later date. On 28 April Nevanji Madanhire, the editor of the Newsday and a reporter were charged with contravening the criminal law, after they published a story alleging police partial responsibility for the death of a four-year old who was killed by a minibus fleeing from the police. e. Violations of special interest groups The Lesbian, Gay, Bisexual, Transexual and Intersexual (LGBTI), Men who have Sex with Men (MSM) and Women who have Sex with Women (WSW) Gays and Lesbians of Zimbabwe (GALZ) recorded six cases of human rights violations targeting the LGBTI/MSM/WSW for the period between April and June. These cases vary from unfair labour practices, assault, blackmail, gay bashing, illegal arrest and detention and other related cases. The following specific cases were documented during the period. On 17 May in Rugare, Harare a 26-year-old man was threatened by his landlord with being reported to the police for being in a homosexual relationship with a 63 year old man. He was forced to change lodgings. 14

15 On 19 May in Hatfield, Harare, a transvestite was bashed and threatened with shooting during a bar argument that emanated from her sexuality. She sustained internal injuries. On 20 June a lesbian had her privacy violated by a work colleague who exposed her sexual orientation. Violations of children s Rights Cases of child abuse were also reported. On 24 May at Machongwe Nyahode (Ward 13), Zanu PF youth leader Amon Jekiseni reportedly abducted three girls aged 16, 14, and 13 years of age. A community search found them at his tuck-shop with one of the girls having been sexually abused. The case was reported to police and a request for medical examination made at Mutambara hospital. The girls, who remained under police custody on 25 May, went missing on 24 May and police refused to investigate the girls disappearance, threatening to arrest the parents themselves. Violations of prisoners rights In June Justice, Legal and Parliamentary Affairs secretary Virginia Mabhiza told the parliamentary portfolio committee on Justice and Legal Affairs, that jails could not adequately supply the prison population with provisions. A report that emanated from the Zimbabwe Prison and Correctional Services (ZPCS) but was later disowned by the same institution revealed that in 2013 malnutrition contributed to the death of at least 100 prisoners in Zimbabwe s jails. 14 Although current statistics on starvation in prisons are not available the current economic circumstances do not suggest that there has been an improvement. Summary of political violence ZPP statistics for the months of April and May gave a total of 573 cases for the quarter. The Zimbabwe Human Rights NGO Forum Public Interest Unit 14 Daily News 30 June

16 received 13 assault complaints from victims of violence that took place in Epworth in May. Figure 1: Cases of political violence April to June 2014 SOURCE: Consolidated statistics from the Forum and ZPP Although the environment was relatively calm, there was a high incidence of cases of harassment and intimidation. A total of 452 cases were recorded during the period. Harassment and intimidation inhibits the enjoyment of other rights such as the right to freedom of expression, association and assembly and also the right to participate in public life. Table 1: Violations by perpetrator types April to June 2014 Violations Police CIO ZNA Traditi onal leaders Assault Displacement Intimidation/har assment Property violations Political parties ZANU PF MDC- T Other 16

17 Media rights violations Torture Unlawful arrest/detention Violation of freedom of association, expression and assembly SOURCE: The Forum, CSU and press reports The police and ZANU-PF supporters were the main perpetrators of violence, the police being only exempt from intimidation and harassment. Fig 2: Distribution of violence by province Political violence was more prevalent in the Midlands province followed by Mashonaland West. The least violence was in Matebeleland South. In Table 2 it is shown that Intimidation/harassment as well as discrimination was widespread across the country s 10 provinces. Media rights violations were found in only Harare while torture and unlawful arrest/detention could only be found in three provinces for each of the violations. 17