QUARTERLY POLITICAL AND HUMAN RIGHTS VIOLATIONS REPORT October - December 2015 A report by the Zimbabwe Human Rights NGO Forum January 2016
TABLE OF CONTENTS Executive summary... 3 Introduction... 5 Developments in the fulfillment of human rights... 5 Forms of Abuse... 9 Section 1: Civil and Political Rights... 9 a. Violations of the security of the person...9 Enforced or Involuntary Disappearances... 9 b. Rights relating to respect for the integrity of the Person... 10 c. Respect for civil liberties... 15 Presentation of cases of political violence... 19 Fig 2: Trends in violations over the year... 20 Fig 3: Human rights violations forms and statistics last quarter 2015... 21 Section 2: Economic, Social and Cultural rights... 23 a. Violation of the right to education... 23 b. Violation of the right to health... 23 c. Violation of the right to work... 24 d. Violation of the right to food... 24 a. Violation of the right to safe and clean water... 26 b. Violation of the right to freedom from arbitrary eviction... 26 c. Violation of the right to property... 27 Conclusion... 28 Recommendations... 28 ABOUT THE ZIMBABWE HUMAN RIGHTS NGO FORUM... 30 2
Executive summary The report covers political and human rights violations in Zimbabwe for the period October to December 2015. During the final quarter of the year there were remarkable developments in the fulfilment of human rights. These were linked to Constitutionalism: state responsiveness to demands for human rights fulfilment by its citizens and the international community; capacitation of the state to undertake its mandatory role through for instance appointment of Commissioners to the National Peace and Reconciliation Commission (NPRC); and state civil society engagement. Despite such positive developments, the country continued to experience political, economic and social challenges. Unemployment levels, estimated at around 90% in the previous quarter, appeared to worsen with further job layoffs and company closures. The cost of living rose while social degeneration, characterised by crime and deviance escalated. Pessimism over the country s political and economic future grew resulting from differences among the country s political and governing elites. The country faced economic and political challenges associated with job losses, a rising cost of living, and violation of property rights, freedoms of expression, assembly and association. Human rights violations that had surged during the earlier periods in the year showed signs of decline from October to November, but rose again in December with a cumulative total of 998. During the quarter there was a sharp increase in the reported cases of torture and excessive violations of property rights through unprocedural house demolitions and evictions as well as a steady increase in cases of discrimination on food aid distribution. Bulawayo, Matebeleland North, Matebeleland South and Masvingo recorded the least violations while most violations were recorded in Harare, Mashonaland West, Midlands and Mashonaland Central. There were progressive developments in the promotion of human rights, through for instance policy and institutional changes. Structures of violence documented in previous quarters remained, with the police retaining their approach of selective application of the law and torture. The state was not 3
very proactive in taking measures within the limits of resources available to it, to enable every person to enjoy economic, social and cultural rights. Resultantly there were avoidable violations of such rights. In view of the ongoing violations, the Forum makes the following recommendations: - that the Zimbabwe Human Rights Commission makes itself more available to receive reports against human rights violations, carried out prompt and thorough investigates and publicise its findings in the national interest; - that relevant Parliamentary Portfolio Committees keep themselves abreast of human rights developments and provide policy and practice redress options in accordance with their mandates; - that human rights defenders and civil society organisations generate accurate data on human rights violations and share findings for the adoption of cumulative, collated and factual information - that government commits itself to implementing the Constitution in letter and spirit for the progressive realisation of all human rights of all people. 4
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 October and December 2015 and highlights developments, important 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 The Government of Zimbabwe continued engaging civil society in preparing for Zimbabwe s second cycle report under the Universal Periodic Review (UPR), due in September 2016, through a steering committee meeting involving state and non-state actors on 3 December 2015. The UPR, a process done under the United Nations Human Rights Council, provides an opportunity for all States to declare what actions they have taken to improve the human rights situations in their countries and to overcome challenges to the enjoyment of human rights. The UPR includes a sharing of best human rights practices around the globe. In the same spirit of being responsive and accountable to citizens Speaker of Parliament, Advocate Jacob Mudenda established a Public Dialogue Forum on a quarterly basis, where civil society and development partners interact with the Speaker on a regular basis to engage on critical issues before Parliament. The inaugural meeting was held on 23 October 2015. This is in line with Section 141 of the Constitution that mandates Parliament to create mechanisms of public access to and involvement in Parliament. 5
The President on 27 November finally appointed a 9-member National Peace and Reconciliation Commission (NPRC). For almost two and a half years after the state had dithered on the recruitment, selection and appointment of the NPRC, leading civil society organisations and the National Transitional Justice Working Group to wage spirited campaigns, including threats of compelling legal action, to force the state to appoint commissioners to the NPRC. For the realisation of health rights the government, in October, together with its development partners launched the Health Development Fund (HDF), a multi-donor fund sponsored by United Nations Children s Fund (UNICEF) and United Nations Population Fund (UNFPA). The HDF covers the period 2016-2020 and will reduce unmet needs for family planning to 6.5% by end of 2020 and reduce the rate of maternal deaths. To improve treatment and prevention of HIV, the government announced intentions to provide antiretroviral (ARVs) to all HIV positive people and those who are highly exposed to HIV infection. This is in accordance with World Health Organisation (WHO) treatment and prevention guidelines for 2016. There was progress in the harmonisation of some pieces of legislation with the Constitution. By year end the General Laws Amendment Bill of 2015 had addressed 125 Acts of Parliament; 51 Acts had been amended under the National Prosecuting Authority Act. An outstanding 116 Acts still required minor amendments while 49 required substantial amendments. 1 Human rights defenders including the Zimbabwe Human Rights NGO Forum and Zimbabwe Lawyers for Human Rights found some court decisions favourable and advancing the fulfillment of specific rights. In mid-october Justice Evangelista Kabasa in the Labour Court ruled that the Civil Service Commission in 2014 unfairly dismissed from work one Raymond Sibanda. His charge of misconduct and performing an indecent act in a public place, by participating at a party hosted by Gays and Lesbians of Zimbabwe (GALZ) 1 Herald 25 December 2015 6
was dismissed. The Judge noted that as no one should be dismissed from employment on the basis of his or her sexual orientation. This confirmed the supremacy of the Constitution, which outlaws discrimination. Government in conjunction with the UN, humanitarian and development partners as well as some Non-Governmental Organizations developed a food insecurity response plan. This followed a call from Vice President Emerson Mnangagwa, the Chairman of the Cabinet Committee on Food and Nutrition Security, for the establishment of developed a food insecurity response plan, after recognising the imminence of famine as a result of climate changes and El Nino. The plan sought US$132.2 million, of which US$ 54.1 million has been received by October 2015, leaving a funding gap of US$ 78.1 million. 2 Despite these developments, by year- end there were still concerns by human rights defenders and human rights organisations over government s failure to fulfill protect and promote rights for its citizens. This was partly due to inadequate political will by the State to develop its capacity for the realisation of such rights. Some criticism was leveled against the national budget that resources state expenditure. The 2016 National Budget allocated 24% ($3 million) for food in the country s prisons against a requisite amount of $13.2 million. The total figure allocated to the Zimbabwe Prisons and Correctional Services (ZPCS) was $88.7 million, representing a 1.18% increase from the previous budgetary allocation of $87.6 million, which was also inadequate, resulting in food riots that occurred in March 2015. Due to this inadequate budget allocations, prisons will not be able to maintain infrastructure; provide dressing for inmates; medical supplies and transport facilities for prisoners to be taken to courts. In what appears to be apparent disdain for the rights to shelter, property, dignity and access to justice, the Harare City Council demolished hundreds of homes, some of them illegal homes, without court orders as required by law in 2 Press release from Office of the UN Resident Coordinator located at http://reliefweb.int/sites/reliefweb.int/files/resources/pressrelease- UNEmergencyFundAllocation_18Nov.pdf 7
November and December 3. In the process home owners were harassed, assaulted, threatened and were denied permission to retrieve their assets from homes under demolition. Attempts by residents bodies such as the Harare Metropolitan Residents Forum (HAMREF) and Combined Harare Residents Association (CHRA) to engage all stakeholders, including authorities for amicable solutions on the issue of controversial housing residential stands did not yield anticipated results. There were also other acts of defiance of court orders by authorities such as Minister of Local Government, Public Works and National Housing as well as Masvingo Provincial Affairs Minister. The former defied a court order by a Bulawayo High Court Judge ordering him to reinstate suspended Gweru Mayor Hamutendi Kombayi and 10 councilors, while the later evicted villagers from Chomfuli farm in Gutu, Masvingo Province, regardless of a court order protecting them from eviction. Allegations were made by some sections of the Zimbabwean society, including the Zimbabwe Empowerment Movement (ZEM), that the judiciary passes judgments that are based on political affiliation. 4 Chief Justice Godfrey Chidyausiku refuted the allegations, plausible to most of Zimbabwean human rights defenders. A partisan judiciary is detrimental for democracy and the rule of law. Substantive evidence is required to validate the allegation. In the continuance of an on-going trend, police acted in a partisan manner, furthering the interests of specific political parties, by arbitrarily arresting MDC-T supporters and shielding ZANU PF supporters from arrests and prosecution. Police were derelict from their responsibility to protect and secure the lives and security of people, as well as law and order maintenance. This was in contravention of provisions of the Constitution, the Police Act and a raft of both domestic and international human rights legislation. Responding to such police conduct, on 3 November eight opposition parties namely MDC- T; People First; National Constitutional Assembly; Transform Zimbabwe; People s Democratic Party; Zanu Ndonga; FreeZim Congress and African 3 HAMREF press statement, located in The Independent of 9 15 October 4 Herald 25 November 2015 8
Democratic Party wrote to the Commissioner General of Police Augustine Chihuri demanding a meeting to address their concerns over politically motivated violence and the partisan nature of some police officials. Forms of Abuse Abuses that were recorded for the period under review are presented in these sections. Section one details violations relating to civil and political rights and Section two details 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. Enforced disappearances are prohibited in the declaration of rights in Section 4 of the Constitution of Zimbabwe. Article 7 of the Rome Statute and the International Convention on Enforced Disappearances, which are both not ratified by the Government of Zimbabwe, prohibit enforced disappearances. A Working Group was also established by the United Nations Human Rights Council to address enforced disappearances, with Resolution A/HRC/RES/27/1 mandating the Working Group to carry out interventions for the management and redress of enforced disappearances. During the final quarter, one (1) case of enforced disappearances was recorded 6. The whereabouts of Karimboni Nyemba 7 who was abducted by a member of the security forces on 20 May and Itai Dzamara who was abducted 5 Article 2 of the UN international Convention for the Protection of all Persons from Enforced Disappearance 6 ZPP Monthly Monitor November 2015 7 The report of the alleged abduction of Karimboni Nyemba only surfaced in the media on 6 November. 7 Although a report on the abduction was made to police in Chiredzi, Chiredzi West MP Darlington Chiwa confirmed to the press making interventions on behalf of Karimboni. The Zimbabwe Human Rights Commission confirmed being seized with the issue of Karimboni s abduction. 9
on 09 March are still to be ascertained. What has been worrying about cases of enforced disappearances is that police do not appear to be able to carry out investigations even when suspects are identified. Without the involvement of political parties or human rights defenders some cases fail to attract the attention of the state making it convenient for offenders or abductors to escape accountability with impunity. b. Rights relating to respect for the integrity of the Person Although the political environment remained relatively calm, cases of torture, assault, harassment and intimidation were 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. 8 Torture is prohibited under Section 53 of the Constitution, which provides that No person may be subjected to physical or psychological torture or cruel, inhuman or degrading treatment or punishment. The ZHRC confirmed the prevalence of torture in Zimbabwe by reporting its investigation of 22 cases of unlawful detentions, arrests and torture by the ZRP that have occurred since 2014 9. Torture was prevalent during the period, with 71 cases documented including one that culminated in death. Deaths in police custody or torture by police in Zimbabwe are not uncommon. Determination of the need for an inquest into unnatural deaths in police custody as well as investigations into the deaths are however the sole mandate of and under the direction of the police and judicial system. Investigations of deaths in police custody, particularly where detaining authorities are implicated in foul play, inhibit determination of the actual magnitude and prevalence of deaths in police 8 See Article 1 of the United Nations Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (1985) http://www.hrweb.org/legal/cat.html 9 Sunday Mail 22 November 2015 10
custody. In addition to lack of will to investigate, there are also capacity gaps with forensic pathologists in the country being few. Improper investigations into deaths that occur in custody is unfair to the bereaved, who are denied of objective and timely information that helps them to obtain closure. This fuels speculation of foul play even when the death was due to natural causes and inhibit criminal investigations of murder as well as generation of information that is essential for preventing such deaths in the future. The cumulative totals for the period October to December as shown in Fig 3, show a sharp increase in cases of torture. Heavy-handed management of social unrest and selective application of the law by police can explain this surge in torture cases. Torture has always been used to repress citizens who elect to pursue their freedoms of assembly and association, freedom to demonstrate and petition as well as enjoyment of political rights. Improved monitoring and reporting, as well as synergy in the collation of violence information, also contributed to the generation of higher torture statistics. The following are some of the cases that were documented by the Counseling Services Unit (CSU) and the Forum: On 7 October in Chitungwiza police tortured an 11 year old in Chitungwiza during investigations over the theft of a bicycle. On 8 November an MDC-T activist from Harare South was assaulted all over his body by members of the Police Support Unit at Hopley settlement outside Harare. He sustained injuries and sought medical assistance. Proud Mupambwa, a murder suspect, died on 16 November in police custody in Chitungwiza. Police alleged he committed suicide although was shackled in leg irons. Deaths in police custody or detention have been common with some resulting from torture, negligence or summary execution by police or other state security functionaries 10. 10 David Makwerere, Tafadzwa Chinzete and Collen Musorowegomo, Human Rights and Policing: A case study of Zimbabwe (2012), located in International Journal of Humanities and Social Sciences 11
On 27 December in Kuwadzana 2, representatives of some civil society organisations who were planning collective job action were subjected to brutal assaults under police custody at Kuwadzana 2 police station. One of them sought medical treatment for injuries suffered 11. The state is still hesitant to ratify the Convention Against Torture (CAT) despite making overtures to the Human Rights Council during the Universal Periodic Review (UPR) meeting of 2011 in Geneva. The main perpetrators of torture during the period were the police, with the army also being liable for torture. Arbitrary arrest or detention Arbitrary arrest or detention is the arrest or detention of individuals in circumstances where this is inappropriate and unjust under the due process of law. Sections 49 and 50 on the Rights to personal liberty and Rights of arrested and detained persons in the Constitution of Zimbabwe prohibit arbitrary arrests and detention. Provisions of Section 208 on the conduct of police officers, which prohibits partisan law enforcement, also bind arresting officers. Article 9 of the International Covenant on Civil and Political Rights, which Zimbabwe has signed and ratified, also prohibits the practice. During the commemoration of the International Day to End Impunity for Crimes Against Journalists on 2 November, the ZLHR expressed concern at the rising numbers of media practitioners who have been arrested, harassed, intimidated, assaulted, prosecuted and verbally abused for carrying out their legitimate work. 12 Although the Constitutional Court on 23 September had ruled that section 121 (3) of the Criminal Procedure and Evidence Act (CPEA) is unconstitutional and against the letter and spirit of provisions on the right to liberty, there was no cessation of illegal arrests and detention. A total of 14 cases were recorded. The following cases are illustrative: On 13 October, a man was falsely arrested by police officers from Rhodesville police station for receiving stolen property. Prior to this the same arresting officers, had falsely accused the victim of committing a 11 Source: Counselling Services Unit 12 http://bulawayo24.com/index- id- news- sc- national- byo- 76942.html#sthash.TMupNZOw.dpuf 12
crime, following which the case was thrown out by a court. The arrests were to intimidate the victim to halt civil proceedings against the same officers for torture. 13 Inter and intra-party violence erupted in Hopley, Highfields and Mbare. On 1 November at Hopley farm MDC-T and ZANU PF supporters clashed following attempts by ZANU PF youths to disrupt an MDC- T rally. Police however arrested 17 MDC-T supporters with none of the ZANU PF youths involved getting arrested. On 2 November police arrested state media journalists Mabasa Sasa, Brian Chitemba and Tinashe Farawo, over the publication of a report that implicated senior police officers and Parks and Wildlife Authority Rangers in the killing of elephants, in Hwange National Park 14. Some senior government officials 15 and opposition politicians criticised the arrests. The courts dismissed charges against the arrested journalists. On 12 November police in Harare arrested freelance journalist, Andrison Manyere for covering a demonstration by MDC-T activists against the reluctance of the Zimbabwe Electoral Commission (ZEC) to implement electoral reforms. 16 Assault Assaults considered for this report as human rights violations are those that are politically motivated and in that regard differ from the regular criminal acts. Assaults violate Section 51 on the right to human dignity and Section 52 on the right to personal security. They comprise one of the commonest forms of political violence. During the period under review the level of political violence became so disconcerting to an extent where seven opposition parties 17 on 3 November demanded to meet the Commissioner General of Police Augustine 13 Public Interest Unit, Zimbabwe Human Rights NGO Forum 14 Herald 3 November 2015 15 A Herald columnist believed to be the Permanent Secretary in the Ministry of Information; Higher Education Minister and former Information Minister Jonathan Moyo 16 ZHLR alert 17 MDC- T, People First, National Constitutional Assembly, Transform Zimbabwe, People s Democratic Party, Zanu Ndonga, FreeZim Congress and African Democratic Party 13
Chihuri, to address increasing politically motivated violence. Assault remained the key strategy used for intimidation and punishment of people of divergent political persuasion. The ZPP recorded 49 cases of assault for October and November while other organisations separately recorded 29 for the period October to December, bringing the total for the period to 71 cases. 18 Some illustrative cases include: On 4 October ZANU PF youths assaulted a female MDC-T member who was going to attend an MDC-T party rally for her political affiliation. On 11 October four ZANU PF youths in UMP district assaulted an MDC-T supporter for trading in second hand clothes in a place where only ZANU PF members could trade. The victim sustained soft tissue injuries and was only saved by some gold panners. On 18 October two MDC-T supporters were assaulted all over their bodies with feet and fists in separate incidents in Highfield, Harare for wearing party regalia and while returning from a rally that was held in the area by their political party. The two sustained injuries all over their bodies and one had to be admitted to hospital. On 1 November 18 MDC-T supporters at Hopley Farm settlement in Harare South were attacked by ZANU-PF youths and members. The attackers used sticks, stones, bricks, fists and feet to assault the victims in a bid to deter an MDC-T rally in the area. Harassment and Intimidation Harassment and intimidation is the unlawful subjecting of one to pressure, insult or threat with the intention of causing suffering, anxiety, discomfort and or the feeling of insecurity. Intimidation and harassment has been used to limit the choices of individuals over issues of concern in their lives, violating Section 51 on the right to dignity; Section 58 on freedom of assembly and association; Section 60 on freedom of conscience; and Section 67 on political rights, among others. 18 Documented by Counseling Services Unit 14
Harassment typically has been the main form of coercion against political opponents and remained as such during the period. During the period there were continued reports of harassment and intimidation involving the issuing of death threats, as part of intra-party violence in ZANU PF. 19 ZPP recorded 251 cases for October and November alone. Validation of intra-party political violence by human rights defenders, perceived in some party circles as agents of regime change is challenging. The concurrence between the public and private media on the occurrence of these harassment cases however lends credibility to the reports. Reports were received by the Forum of Village Heads in Mwenezi threatening villagers suspected of belonging to opposition political parties with arbitrary evictions. In the same area it was also reported that war vets were intimidating civilians with AK47 rifles at Neshuro business centre during the month of October 20. Plot owners in Glendale on 31 October 2015 were ordered to present evidence of their ownership of Zanu-PF party cards. Those without party cards were threatened with loss of their plots. One MDC-T supporter was specifically told that she would lose her field unless she got a Zanu-PF card 21. c. Respect for civil liberties Civil liberties allow the individual to be free to speak, think, assemble, organize, worship, or petition without government or non-state interference or restraints. Constitutional rights and freedoms covered in this section include Section 57 on the right to privacy; Section 58 on freedom of assembly and association; Section 61 on freedom of expression and of the media; Section 59 on freedom to demonstrate and petition. Although by the 4 th quarter the General Laws Amendment Bill of 2015 had addressed 125 Acts of Parliament and 51 Acts had been amended under the National Prosecuting Authority Act, repressive legislation such as the Public Order and Security Act (POSA); Access to Information and Protection of Privacy Act (AIPPA) remained in use. Notwithstanding these law amendments, some violations were recorded during the period. 19 Daily News 24 October 20 Zimbabwe Human Rights NGO Forum alert 21 ZPP Monthly Monitor October 2015 15
Freedom of assembly and association Section 58 of the Constitution provides that Every person has the right to freedom of assembly and association, and the right not to assemble or associate with others ; and No person may be compelled to belong to an association or to attend a meeting or gathering. Violations reported during the period include coerced participation at political events. For October and November alone ZPP recorded nine 9 cases of banned and disrupted political meetings. Cases that illustrate the violation of freedom of assembly and association are as follows: On 8 October, villagers in Buhera South under the Constituency of Joseph Chinotimba were forced to pay $8 and to attend a rally convened by the First Lady in Chimanimani. Chinotimba forcefully mobilised his constituency members to attend the rally to prove his loyalty to the First Lady, 22 a fact that was also corroborated on Zimbabwe television news. On 1 November political violence rocked Hopley Farm between ZANU PF and MDC-T activists over a political rally venue. Over 30 people were injured, including a seven-year-old child and a pregnant woman. Inter party violence is an indication of persisting political intolerance and poor observation of fundamental human rights that promote freedom of association and assembly 23. On 1 November, a group of ZANU-PF youths and members of the police disrupted an MDC-T rally that was supposed to be held in Hopley. 24 Police, citing recent violence in the same area as the cause, banned an MDC-T rally planned for 7 November in Hopley farm, Harare South. Opposition parties perceived this as a lame excuse. 22 http://www.newzimbabwe.com/news-25299- Villagers+charged+$8+for+Grace+Mugabe+rally/news.aspx 23 Heal Zimbabwe Trust alert, 3 November 2015 24 Counseling Services Unit 16
On 8 November Highfield East MP, Erick Murayi and others were arrested on charges of public violence and for holding a rally without police clearance. The total number arrested was 17 raising questions about a rally comprising of such a small figure. 25 Freedom of expression and of the media 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. Violations of these rights affect seeking and receiving communications; artistic expression, academic freedom and broadcasting. Laws that were an impediment to the enjoyment of freedom of expression and freedom of the media included the Access to Information and Protection of Privacy Act (AIPPA), Criminal Law (Codification and Reform) Act, Broadcasting Services Act, Official Secrets Act, Censorship and Entertainment Controls Act, Interception of Communications Act, are some of the laws that need to be revisited under the envisaged media legislative reforms agenda. Commemorating the International Day to End Impunity for Crimes Against Journalists on 2 November, Zimbabwe Lawyers for Human Rights lamented arrests, harassment, intimidation, assaults, prosecution and verbal abuse of journalists for carrying out their legitimate work. In October and November the state media, its opinion writers, columnists, ZANU PF spokesperson Khaya Moyo, Minister of Information Christopher Mushowe, the First Lady and President castigated the private media for exercising their freedom of expression. Castigation of journalists compromises the safety of journalists in the scope of their work 26. In October the Presidential spokesperson George Charamba accused the private media of manipulative reporting and warned that new laws would be enacted to deal with media houses that report on factions within the ruling party 27. A new media policy was mooted to address what was perceived as errant journalism 28. A total of seven (7) cases of media 25 Newsday 12 Nov 2015 26 The Standard 1 7 November 27 Sunday Mail 11 October 2015 28 http://www.zimdaily.com/?p=39634#sthash.ulp6fqjg.dpuf 17
violations were recorded during the period. Some illustrations of the media violations are as follows: On 23 October Mutare-based journalists Sydney Saize, Bernard Chiketo and Kenneth Nyangani were arrested and detained in Rusape for covering a demonstration by MDC-T supporters outside Rusape Magistrate Court. They were later released without charges. 2 November police arrested state media journalists Mabasa Sasa, Brian Chitemba and Tinashe Farawo. The journalists had published a report implicating senior police officers and Parks and Wildlife Authority Rangers in the killing of elephants in Hwange National Park. The arrests were condemned by senior government officials including a Herald columnist believed to be the Permanent Secretary in the Ministry of Information; Higher Education Minister and former Information Minister Jonathan Moyo and opposition politicians. On 12 November Andrison Manyere was arrested in Harare, for covering a demonstration by MDC-T activists against the reluctance of the Zimbabwe Electoral Commission (ZEC) to implement electoral reforms 29. He was later released without charges. Violation of the freedom to demonstrate and petition The right to protest and petition, which is important for the proper functioning of a democracy, is enshrined under Section 59 of the Constitution, which specifies Every person has the right to demonstrate and to present petitions, but these rights must be exercised peacefully. Social accountability is compromised if citizens are inhibited from the most basic form of expression and feedback to policy makers and implementers through demonstrations and petitions. Police have abused the Public Order and Security Act (POSA) to inhibit demonstrations and petitions. It appeared that government s fear of social unrest that could spread was used as an excuse to repress 29 Crisis Coalition alert 16 November 2015 18
demonstrations and petitions. The following are some of the cases that were documented in which the government interfered with this constitutional right. On 17 October police blocked members of the Occupy Africa Unity Square (OAUS) campaign who wanted to mark a year since the missing of human rights activist, Itai Dzamara, by delivering a petition to President Robert Mugabe 30. On 12 November, police violently dispersed a MDC-T youths who were demonstrating in the CBD in Harare. The youths had walked to Parliament where they wanted to present their views. 31 On 13 November, anti-riot police attacked 16 students from various Universities participating in a ZINASU organized peaceful march in Harare to present a petition to the parliament of Zimbabwe. The police used excessive brutal force in dispersing the students. A male student lost consciousness after the police attack and was ferried to hospital. 32 Presentation of cases of political violence The cases of civil and political violations during the period are tabulated below. A total of 689 cases were recorded by ZPP for the period October to December 33. Intimidation/harassment were the most prevalent form of violence. Torture, which had been in recession in recent months surprisingly, came back as a prevalent form of violations. Human rights violations have been high from the second to the last quarter of the year. The intensity in human rights violations fluctuated and increased from levels of 150 cases per month between January and March to peak to 250 in August. 30 Crisis Coalition press statement, 22 October 2015 31 Counseling Services Unit 32 Counseling Services Unit 33 ZPP Monthly monitors 19
Fig 1: Violations statistics January December Source: Zimbabwe Peace Project Monthly Monitors There was stability in the first quarter of the year, followed by a surge in violations from April as shown in Fig 2. Fig 2: Trends in violations over the year Source: Zimbabwe Peace Project Monthly Monitors From April to July there was a steady decline in violations, which surged between July and August, steadying at that high level before declining between October and November. Violations forms and statistics for the quarter are as presented in Fig 3. Harassment/intimidation remained the most 20
prevalent form of violation followed by discrimination in food distribution. Fig 3: Human rights violations forms and statistics last quarter 2015 Source: Consolidated statistics from various organisations and verified press reports The violations statistics captured in Fig 3 do not include violations related to house demolitions and evictions. Statistics on rights violations after housing demolitions and evictions should be backed by verdicts on the illegality of acts by authorities for each house demolished, without generalizations. Generalisations of non-compliance can however be inferred prior to validation of facts from mounted and concluded court cases. General information acquired however confirmed that most housing demolitions and evictions were carried out without valid court orders. Court orders are essential for demolitions and evictions to be legal. Violations have not been evenly distributed across the country as shown in Fig 4. Bulawayo, Matebeleland North, Matebeleland South and Masvingo recorded the least violations while most violations were recorded in Mashonaland West, Midlands and Mashonaland Central. Although the ZPP statistics present Mashonaland West as the hotbed of human rights violations, consolidated statistics incorporating findings from other institutions indicated 21
that Harare has the highest number of human rights violations for the quarter. These include demolitions of 250 houses on 9 and 10 December alone. Fig 4: Distribution of violations by province Source: ZPP Monthly Monitors Perpetrators and victims of human rights violations October to December 2015 The full list of perpetrators identified for the period incorporates political parties that are ZANU PF and the MDC-T; government departments that include the Zimbabwe Republic Police and Harare Municipal Police; and civilian members of ZANU PF and MDC-T. The Harare Municipal Police derived its prominence as a perpetrator institution from violating the rights of vendors and homeowners. The full list of victims included vendors, political party supporters, villagers, homeowners, pupils and residents of specific communities. Among victims during the period there was also a new category involving supporters of the People First political party. 22
Section 2: Economic, Social and Cultural rights There are constitutional guarantees for economic, social and cultural rights (ECOSOC) rights. The social, cultural and economic environment deteriorated in the country with the state being liable for some of the ills. The rights to health, education, safe and clean water, work, food and freedom from arbitrary evictions continue to be violated through the government s inability to progressively take all practical measures, within the limits of resources available, to guarantee such rights. a. Violation of 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. In addition Section 75 of the new Constitution emphasizes the sanctity of the right to education and that the government must take measures to achieve the progressive realisation of this right. However, the right to education continued to be violated as the economy continues on a downward slide. Government in October conceded failure to fulfill its obligation to assist and protect Internally Displaced Persons (IDPs) in Chingwizi, resulting in more than 1000 children of IDPs failing to acquire education 34. Starvation and long distances to school combined to impede children s access to education. Poverty countrywide was attributed as the cause towards failure by 47 000 Ordinary and Advanced Level pupils to drop out of school or register for examinations 35. During the quarter an education official barred an Ordinary Level schools examination candidate from writing examinations, on the basis that the pupil had no shoes. 36 b. Violation of the right to health The Constitution provides for the right to health care in Section 76 (1). The state is obliged to put in place reasonable legislative and other measures, within the limits of the resources available to it, to achieve progressive 34 Herald 7 October 2015 35 Herald 3 November 2015 36 Herald 29 October 2015; Forum monitoring report 23
realisation of the rights set out in Section 76. Although government made attempts to respect and fulfill health rights (as cited in section under the section Development in the fulfillment of human rights), health rights were violated through government s acts of omission or commission. The period witnessed work stoppages by health professionals in disgruntlement over unpaid salaries. Government failed to remit $44 million collected from civil servants, who make the bulk of the clients at the country s biggest medical insurer, to service providers 37. The state controlled medical aid, Premier Service Medical Aid Society (PSMAS), also engaged in what appeared to be corrupt and controversial financial transactions, at the expense of payment for services rendered to its clients. Aggravated private health service providers withdrew services and compromised access to health for society members. c. Violation of the right to work Section 65 protects labour right. Under labour rights workers are entitled to fair and safe labour standards; fair and reasonable wages; membership of trade unions; collective job action; and just equitable and satisfactory conditions of work among others. During the period under review police waded into the violations of rights of workers. On 27 December in Kuwadzana 2 suburb, representatives of workers organisations, and representatives of some civil society organisations who were planning collective job action were subjected to brutal assaults under police custody at Kuwadzana 2 police station. One of them sought medical treatment for injuries suffered. d. Violation of the right to food The right to sufficient food is provided for in Section 77(b) of the Constitution, which compels the state to take reasonable legislative and other measures to achieve the progressive realisation of this right. The Zimbabwe Vulnerability Assessment Committee report (ZIMVAC) 2015 38 estimated that approximately 10% of the rural population would be food insecure for the period of October - December 2015. The southern provinces had a high demand for cereals during the period following very poor harvests from the 2014 2015 harvests. 37 Daily News 26 November 2015 38 ZIMVAC report November 2015 24
The country experienced a national cereal deficit of around 650 000 MT for the 2015-16 consumption year, made worse by a 76% shortfall below the minimum required for the Grain Marketing Board s (GMB) Strategic Grain Reserve. Notwithstanding these challenges, there were violations associated with the right to food during the period under review. Forced displacements with limited or absence of plans to manage the impacts exacerbated the vulnerabilities of some communities to starvation. Chingwizi IDPs formed one such community that had to live on food handouts from donors. Demolitions of 250 houses in Harare on 9 and 10 December by Harare City Council as well as the demolitions of 17 homesteads at Nyangundi resettlement scheme on 28 November in Odzi similarly rendered the communities vulnerable to starvation 39. A total of 163 cases of discrimination in food aid by ZANU PF functionaries against members or suspected members of opposition political parties was recorded during the period. The discrimination violated Section 56 on the right to equality and nondiscrimination. Discrimination in food distribution has been incremental at a time when food insecurity has been escalating. Fig 5 shows the rise in statistics 40 on the discrimination in food aid distribution. Fig 5: Cases in food aid discrimination 39 Source: CSU 40 Source: ZPP Monthly Monitors 25
Food aid discrimination is used for coercive purposes to sanction political choices among the electorate. During periods of famine it can be effective in discouraging free expression of political will in the face of starvation. a. Violation of 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, which compels the state to take reasonable legislative and other measures to achieve the progressive realisation of this right. Despite this constitutionally guaranteed right, safe and clean water was not constantly available in many suburbs of Harare exposing people to water-borne diseases from unclean sources. Water supplies and quality in Harare remained a subject of controversy during the quarter, with senior city council officials conceding that the city had no capacity to pump required water quantities daily. 41 Resultantly many suburbs such as Mabvuku, Borrowdale, Mount Pleasant and Hatcliffe went without water for prolonged periods. b. Violation of the right to freedom from arbitrary eviction Section 74 of the Constitution protects citizens of Zimbabwe from arbitrary eviction. It 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. Section 74 is supported by Section 28 on the right to shelter that states The State and all its institutions and agencies of government at every level must take reasonable legislative and other measures, within the limits of resources availble to them, to enable every person to have acess to adequate shelter. Regardless of these provisions the Harare City Council (HCC) on 9 and 10 December demolished 250 homes in Budiriro and Aspindale. Some of the demolished houses had standard and approved paperwork from HCC as well as the Ministry of Local Government. No court orders were produced during 41 Daily News 14 December 2015 26
the demolitions in violation of section 74 of the constitution, which guarantees freedom from arbitrary eviction. The State allowed pseudo authorities, corrupt council staff and land barons to flourish and exploit home seekers by issuing false paperwork for housing stands. On 28 November in Odzi some 17 homesteads were also demolished at Nyangundi resettlement scheme. A local ZANU-PF official was responsible for this violation, which was carried out without a court order regardless of his claim that the demolished homes were illegally on his farm. c. Violation of the right to property Section 71 in the Constitution protects property rights. Section 219 (c) mandates the Zimbabwe Republic Police Section with the duty of protecting and securing the property of the people. Some nine (9) cases of malicious damage to property, which are property rights violations, were documented by ZPP for October and November alone. The demolitions of 250 homes in Harare s Budiriro and Aspindale surbubs were associated with wanton destruction of property owned by the homeowners. The same applied to the demolitions of 17 homes at Nyangundi resettlement scheme in Odzi. In the Harare city centre vendors trading their wares were subjected to confiscation and laying to waste their wares by municipal police. Despite provisions for goods confisticated from vendors to be recorded and stored in a city council warehouse until the owners have paid fines, after which they are entitled to get their goods back, vendors have been unable to reclaim their wares 42. ZPP reported in December that farms belonging to people suspected to have defected to People First, a new political party suspected to be led by former Vice President Joyce Mujuru, were being invaded. Honey Bird Kop farm, situated about 40km along the Bulawayo-Plumtree Road belonging to Zimbabwe People s Revolutionary Army (ZIPRA) ex-combatant, John Gazi was invaded by ZANU PF supporters in November 43. 42 Zimbabwe Informal Sector's Organisation (ZISO) 43 The Standard 6 December 2015 27
Conclusion There were progressive developments in the promotion of human rights, through for instance policy and institutional changes. Government could have done more to show its commitment to promoting, respecting and fulfilling human rights. Despite improvements noted in this report towards rights fulfillment, law enforcement agencies continued to apply torture as a means of investigating and obtaining information. Government remains reluctant to respect civil liberties, in particular, fundamental freedoms of association, assembly, and expression as well as media freedom. Structures of violence documented in previous quarters remain, with the police retaining their approach of selective application of the law and torture. Property rights violations linked to house demolitions and evictions; torture; discrimination in food aid; and harassment and intimidation are rising. The state in its budget statement and mitigation for identified national challenges does not seem very capable and committed to enable every person to enjoy economic, social and cultural rights. Recommendations In view of the on-going violations, the Forum makes the following recommendations: - that the Zimbabwe Human Rights Commission makes itself more available to receive reports against human rights violations, carried out prompt and thorough investigates and publicise its findings in the national interest; - that relevant Parliamentary Portfolio Committees keep themselves abreast of human rights developments and provide policy and practice redress options in accordance with their mandates; - that human rights defenders and civil society organisations generate accurate data on human rights violations and share findings for the adoption of cumulative, collated and factual information; - that government commits itself to implementing the Constitution in 28