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Zimbabwe: Human Rights Watch Report
AFRICA ACTION
Africa Policy E-Journal
June 10, 2003 (030610)
Zimbabwe: Human Rights Watch Report
(Reposted from sources cited below)
This posting contains a press release and brief excerpts from the
most recent Human Rights Watch report on the escalating crisis
and deteriorating human rights situation in Zimbabwe. Another Ejournal
posting sent out today contains an open letter to
President Robert Mugabe from progressive African American leaders
released by Africa Action and TransAfrica Forum on June 3, and a
pastoral appeal from the All Africa Conference of Churches
released on June 6.
+++++++++++++++++end summary/introduction+++++++++++++++++++++++
Human Rights Watch
Press Release
Rights Conditions Decline in Zimbabwe
(New York, June 9, 2003) - Human rights conditions have
deteriorated markedly in Zimbabwe over the last few months, Human
Rights Watch said in a new briefing paper published today.
The briefing paper, "Under a Shadow: Civil and Political Rights
in Zimbabwe," details the government's policy of repression and
the harassment of opposition party members by state institutions
and supporters of the ruling party. The direct involvement of
ranking government officials and state security forces marks a
new and worrisome trend in Zimbabwe's ongoing political crisis.
"Not only have the army and police personnel failed to protect
people from human rights abuses, but they are now carrying out
abuses themselves," said Peter Takirambudde, executive director
of the Africa Division at Human Rights Watch. "In addition,
recent legislation has drastically curtailed citizens' rights to
freedom of expression, assembly and association."
Zimbabwe's main opposition party, the Movement for Democratic
Change (MDC), led a workplace stayaway from June 2-6 to protest
declining economic and political conditions and force the
resignation of President Mugabe. Public demonstrations and a
protest march, which are illegal under the 2002 Public Order and
Security Act, were dismantled by state security forces in Harare.
On March 18 and 19, a similar general strike resulted in the
arrest of more than 400 citizens and a severe government backlash
against political activity. The MDC was prevented from
undertaking normal campaign activities in the run-up to two
parliamentary by-elections, and party activists were harassed,
detained and beaten.
The political violence prevalent in rural areas since 2000 has
now become common in urban centers, and non-political actors such
as civic organizations and church leaders are increasingly
targeted. The majority of the violence in recent months has been
committed by state security forces and youth militias.
"Systematic arbitrary arrests and other abuses of dissidents'
human rights violates Zimbabwe's obligations under international
law," said Takirambudde. "The government must end the culture of
impunity before human rights conditions decline further."
Human Rights Watch called on the government of Zimbabwe to
reestablish the rule of law, disband youth militia, withdraw
military personnel from residential areas, and revise legislation
that are contrary to international human rights law. All sides
are urged to promote a climate of tolerance and mutual respect
for differing political opinions.
The briefing paper can be found online at
http://hrw.org/backgrounder/africa/zimbabwe060603.htm.
To read more on human rights in Zimbabwe, please see:
http://www.hrw.org/africa/zimbabwe.php
Under a Shadow: Civil and Political Rights in Zimbabwe
A Human Rights Watch Briefing Paper
June 6, 2003
Contents (sections marked with * not included below; available in
full-text on Human Rights website)
Summary
Background
Political Violence*
Targeted Attacks by State Security Forces*
Violations by Youth Militia*
The Closure of Organizational Space*
Legal Restrictions on Rights to Assembly and Speech*
The Arbitrary Enforcement of Legal Provisions*
Widening the Spectrum of Targets*
Civil Society Organizations*
Churches and the National Pastors Conference*
Zimbabwe's Obligations Under International Law*
Conclusions
Recommendations
To the Government of Zimbabwe:
To the Opposition Party:
To the International Community:
Summary
On March 18 and 19, 2003, Zimbabwe's main opposition party, the
Movement for Democratic Change (MDC) requested that its
supporters stay away from their workplaces in protest against
declining economic and political conditions in the country. It
was the first time that the MDC had called for political action
since the ruling party's victory in the March 2002 presidential
elections, which were marred by widespread irregularities and
incidents of violence. The independent press and the opposition
party described the stayaway as a success, reporting fairly
credible national observation rates of over 60%. Yet it also
triggered a severe government backlash against political activity
in the country.
State security forces arrested over 400 activists and other
citizens, and many more were violently attacked both by security
forces and by ruling party militia. The government deployed large
numbers of military personnel to low-income suburbs of Harare and
other urban areas. Further, in the run-up to two parliamentary
by-elections held on March 29 and 30, the MDC was prevented from
undertaking normal campaign activities, and known party activists
were detained, beaten and harassed. The reaction of the
government and the security forces during these weeks illustrated
a clear and systematic repression of MDC activists, which
amounted to a criminalization of political affiliation.
In addition to this direct repression of political activity,
legislation passed prior to the presidential elections has
resulted in a progressive closure of political space over the
past year. Public demonstrations and protests are effectively
illegal under the 2002 Public Order and Security Act (POSA),
which curtails citizens' rights to freedom of expression. Serious
restrictions on citizens' rights to assembly and association have
made it difficult for elected representatives to regularly meet
with their constituents - meetings are either declared illegal or
are otherwise disrupted. In addition, police and youth militia
have dispersed public meetings that received police clearance,
private organizational meetings, and meetings of organizations
that are exempt from POSA. Staff of non-governmental
organizations (NGOs) say that their operations have been
increasingly constrained by POSA and other legal restrictions
since the 2002 presidential elections.
This report, based on over three weeks of research by Human
Rights Watch, finds that Zimbabwe has suffered a serious
breakdown in law and order, resulting in major violations of
human rights. This environment has been created largely by
actions of the ranking government officials and state security
forces. State-sponsored violence and repression have expanded
their scope both geographically and in terms of targets over the
past year. The political violence endemic in the rural areas
since 2000 has now become common in urban centers, and those
targeted now include non-political actors, including civic
organizations and church leaders.
Background
The deteriorating human rights situation in Zimbabwe is the
continuation of a consistent pattern of human rights abuses over
the past three years. These abuses began shortly before the
parliamentary elections of June 2000, and they were linked both
to the rising popularity of the MDC and the February 2000 defeat
of the government's proposed new constitution in a referendum.
Spontaneous as well as state-sponsored invasions of white-owned
commercial farms occurred throughout 2000,1 and the government
failed to take firm action against the violence and lawlessness
that accompanied these invasions. Police often refused to take
action or even document reports of human rights violations on
occupied farms.2 Indeed, supporters of the government and of the
government's fast track land redistribution were vested with a
considerable degree of impunity, an impunity that the
Presidential political amnesty of October 2000 actually made
official.3
The government's actions during this period allowed the war
veterans who had led the occupations of commercial farms to carve
out their own zones of authority. War veterans have no official
status as government officials and regularly ignore police and
court directives. However, they have become increasingly involved
in activities as disparate as policing, land distribution, and
training of youths in the national youth service. Furthermore,
the government has allowed the graduates of these training
programs to monitor price controls and perform other informal
policing operations, thereby creating another potential challenge
to the authority of official state security forces. Clear lines
of authority and jurisdiction have also been eroded by a gradual
militarization of normal policing activities. The military has
become increasingly involved in food distribution, electoral
management, and other activities that would naturally fall under
the mandate of the Zimbabwe Republic Police. The increasing
disorder in this sector has created a permissive environment for
continued violations of personal security and basic rights, even
in the event of a substantive change in government policy. That
is, even if the ruling party commits itself to a restoration of
peace and order in Zimbabwe, its ability to ensure the compliance
of its supporting structures is uncertain.
The severity of human rights abuses has increased, and the direct
involvement of formal state institutions in such abuses marks a
new and dangerous development in Zimbabwe's ongoing political
crisis. Previously, war veterans, youth militia, and ruling party
activists had been responsible for most of the violence and
intimidation of opposition party supporters. Interviews in March
and April of this year established that violent human rights
violations are being carried out by uniformed army and police
personnel. Further, the government has taken no clear action to
halt the rising incidence of torture and mistreatment of suspects
while in the custody of police or intelligence services. As in
the past, repression of political activity and expression of
dissent have been particularly noticeable prior to election
periods. However, as economic and political conditions
deteriorate, the government seems increasingly willing to
directly involve itself in human rights abuses.
The government has become more vulnerable as a result of the
deterioration of economic conditions in Zimbabwe - a situation
that has been compounded by the lack of corn, gasoline and other
basic commodities. The economy contracted by an estimated 12%
percent during 2002.4 Minimum wages set by government are less
than a third of the amount needed by a family of six to meet
basic needs. The Consumer Council of Zimbabwe estimates that the
amount needed by a low-income family of six to purchase a basic
expenditure "basket" was Z$88,578 in February 2003 (US$104 at the
official rate, US$68 at the parallel rate)5; however, the
government minimum wage in March for an unskilled or semi-skilled
worker in the formal sector was approximately Z$23,000 a month
(US$27 or $18 in March). 6 Inflation has surpassed 220% per
annum, and it is estimated that unemployment exceeds 70% of the
workforce.
...
Conclusions
By failing to act strongly against the perpetrators of violence,
by enlisting state institutions to beat and harass those
perceived to be critical of government, by using rhetoric that
relies on metaphors of war and terrorism, the Zimbabwean
government has created a culture of impunity, intolerance, and
injustice. The dismantling of this culture is necessary before
Zimbabwe can begin political and economic recovery. The
government of Zimbabwe is directly responsible for only some of
the human rights violations in the country. Even where there are
open questions about the degree of control exercised over war
veterans and youth militia, it still remains responsible for
their actions. There are also credible reports of violence and
intimidation by MDC activists and youth. However, as one ruling
party MP admitted, "when you ask who has the capacity to stop
[the violence], if it had the will, the answer is government."76
Due to economic conditions and the increasing levels of violence,
Zimbabwe is currently facing a particularly volatile political
situation. The continuation of current levels of polarization
will impede the restoration of basic rights and security. Indeed,
the evidence presented above suggests a potential for continued
erosion, perhaps at an accelerated pace, of human rights
conditions within the country. It is imperative the Zimbabwean
government to take credible measures to reduce tension within the
country and to repair the reputation of state institutions. From
this standpoint, recent efforts by regional actors to revive
dialogue between government and opposition are a positive step
toward normalization of politics inside the country. However, in
order for such efforts to result in substantive improvement in
human rights conditions in Zimbabwe, the Zimbabwean government
must undo the damage wrought by persistent patterns of human
rights abuse and the impunity that has accompanied them. This
will require greater tolerance of political pluralism, greater
transparency and accountability in government policy-making, and
the arrest and trial of those responsible for gross human rights
violations.
Recommendations
To the Government of Zimbabwe:
- Reestablish the rule of law by making law and order operations,
including the interrogation of suspects, the sole domain of the
Zimbabwe Republic Police. Disband the youth militia and shut down
training bases established under the Zimbabwe National Youth
Training Program. Withdraw military personnel from residential
neighborhoods, especially those with upcoming elections, and
limit military presence in urban centers. Arrest and prosecute
those responsible for gross human rights violations.
- Reaffirm the government's commitment to due process and equal
treatment under the law. Ensure that the police cease the use of
detention without charges, torture, and selective enforcement.
Investigate citizens' claims of torture by the Central
Intelligence Organization (CIO).
- Encourage a climate of tolerance and mutual respect for
differing political opinions. Cease inflammatory rhetoric,
including tacit approval of violence, in the public press, at
public rallies and state events. Allow elected representatives to
meet with constituents without restriction, and ensure the safety
and freedom of the opposition party to peacefully campaign prior
to elections.
- Ensure the revision of existing legislation that constrains
Zimbabwean citizens' ability to exercise basic rights, in
accordance with international standards. In particular, repeal
those sections of POSA that criminalize public meetings of a
political nature and criticism of office-holders and government
actions.
To the Opposition Party:
- Reaffirm the party's commitment to non-violence and tolerance.
Investigate claims of political violence, coerced participation,
and threats by MDC activists during the March 18-19 stayaway.
Direct all party members to avoid violence, retaliatory action,
or actions intended to intimidate or force cooperation.
- Encourage a climate of tolerance and mutual respect for
differing political opinions. Cease the use of inflammatory
rhetoric at public rallies and campaign meetings.
To the International Community:
- Continue to insist upon the immediate reintroduction of the
rule of law and the cessation of the use of arbitrary detention
as well as beatings and other forms of torture or cruel, inhuman
or degrading treatment and targeting of opposition and civil
society activists.
- Urge the Zimbabwean government to revoke those elements of
domestic law that contradict or are applied contrary to
international law and infringe the basic rights of Zimbabwean
citizens. Urge all actors to respect the human rights of all
parties and to abjure the use of violence and intimidation.
- Support ongoing efforts by regional actors to facilitate a
quick resolution of Zimbabwe's political and human rights
impasse.
+++++++++++++++++++++Document Profile+++++++++++++++++++++
Date distributed (ymd): 030610
Region: Southern Africa
Issue Areas: +political/rights+ +economy/development+
+security/peace+
The Africa Action E-Journal is a free information service
provided by Africa Action, including both original
commentary and reposted documents. Africa Action provides this
information and analysis in order to promote U.S. and
international policies toward Africa that advance economic,
political and social justice and the full spectrum of
human rights.
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