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Open Letter to President Mugabe
Zimbabwe must implement the African Commission's Recommendations
Zimbabwe Human Rights NGO Forum
March 18, 2005

Introduction
Findings and Recommendations of the Fact-finding Mission to Zimbabwe of the African Commission on Human and Peoples' Rights 2002: Open Letter to Heads of State of Zimbabwe, Nigeria and South Africa

Below is an open letter which has been sent to the Heads of State in the above countries. The letter will also be flighted in the press in those countries over the weekend of 18 - 20 March 2005.

This is an Amnesty International initiative in collaboration with lead NGOS in the respective countries where local human rights NGOs have also indicated their support; in Nigeria 32 co - signatories, 19 in South Africa and 17 in Zimbabwe.

Newspapers running the open letter are:

• Nigeria
  The Vanguard - 18 March
  The Guardian - 18 March
• South Africa
  The Mail and Guardian - 18 March
  The Sowetan - 18 March
• Zimbabwe
  The Independent - 18 March
  The Standard - 20 March

The Herald, which was approached to flight the letter, responded:

"We would not be in a position to flight your advertisement on the 18th of March 2005".

Open Letter to President Mugabe
Zimbabwe must implement the African Commission's Recommendations

18 March 2005

Your Excellency,

We, the undersigned, wish to express to you our grave concern about the continuing abuse of human rights in Zimbabwe and to call on you to ensure that the recommendations made by the African Commission on Human and Peoples' Rights (African Commission) in the report of its 2002 Fact-Finding Mission to Zimbabwe are implemented in full.

In the report on its Fact-Finding Mission, the African Commission concluded that "human rights violations occurred in Zimbabwe". The Commission made several substantive recommendations for action by the Government of Zimbabwe. The majority of the human rights concerns documented by the African Commission Fact-Finding Mission in 2002 remain serious problems today.

The findings and recommendations of the African Commission

On freedom of expression . . .
The African Commission stated that laws such as the 2002 Public Order and Security Act (POSA) and the 2002 Access to Information and Protection of Privacy Act would have "a 'chilling effect' on freedom of expression and introduce a cloud of fear in media circles". The Commission recommended that:

"The POSA and Access to Information Act should be amended to meet international standards for freedom of expression".

On the police service . . .
The African Commission found evidence that a "system of arbitrary arrests took place". The Law and Order Unit of the Zimbabwe Republic Police (ZRP) was described as appearing "to operate under political instructions and without accountability to the ZRP command structures".

The Commission stated that every effort must be made to "avoid any further politicisation of the police service" and recommended that the Law and Order Unit be disbanded.

On the youth militia . . .
In 2001 the Government of Zimbabwe established the National Youth Service (NYS). The African Commission noted reports that youths trained under the NYS have acted as militias for the ruling party and have been implicated in acts of political violence.

The Commission recommended "that these youth camps be closed down . . . "

On the rule of law . . .
The African Commission found that "the government had failed to chart a path that signalled a commitment to the rule of law . . . " and in its recommendations stated that:

"The independence of the judiciary should be assured in practice and judicial orders must be obeyed".

On the work of NGOs . . .
The African Commission's report stated:
"Legislation that inhibits public participation by NGOs in public education [and] human rights counselling must be reviewed. The Private Voluntary Organisations Act should be repealed."

Since the African Commission visited Zimbabwe in 2002 little has changed . . .
The Access to Information and Protection of Privacy Act remains in place. In 2003 this legislation was used to close down Zimbabwe's only independent daily newspaper, the Daily News, and the weekly Daily News on Sunday. It has also been used to shut down the Daily Tribune in 2004, and the Weekly Times of Bulawayo in February 2005.

The Public Order and Security Act (POSA) continues to be used selectively to prevent the political opposition and civil society groups from meeting or engaging in peaceful protest. In 2005 POSA has been used to detain dozens of women for handing out flowers to mark Valentine's Day and to arrest opposition candidates and supporters in the context of the General Election campaign.

There are persistent claims that the police are partisan and apply the law selectively although the Commissioner of Police has recently reiterated that there will be zero tolerance of violence, particularly in the run-up to the General Election in March 2005. Youth training centres [camps] remain operational and graduates of the NYS are given preference for recruitment in the police. This could have negative long-term implications for the integrity and professionalism of the police force in Zimbabwe.

Your government has continued its repression of NGOs, particularly those working on governance and human rights issues. The Private Voluntary Organizations (PVO) Act is set to be replaced by the Non-governmental Organisations Act - a piece of legislation widely condemned as even more repressive than the PVO Act.

The judiciary remains under sustained pressure and the operational environment for judges raises doubts about judicial independence in some matters. Court orders have been ignored and there continue to be considerable delays in the consideration and completion of cases perceived to be of a sensitive nature or where some constitutional rights are at issue.

The African Commission is charged with ensuring the promotion and protection of the rights guaranteed under the African Charter on Human and Peoples' Rights. Its recommendations should be given the most serious consideration. We have noted the government's response to the African Commission report and regret the lack of positive engagement by the Government of Zimbabwe with its recommendations. We urge you to reconsider this report and to take action to implement its recommendations.

Yours sincerely,

• Amani TrustAmnesty International (Zimbabwe)
• Crisis Zimbabwe Coalition
• Gays and Lesbians of Zimbabwe
• Legal Resources Foundation
• Media Monitoring Project of Zimbabwe
• National Constitutional Assembly of Zimbabwe
• Nonviolent Action and Strategies for Social Change
• Transparency International (Zimbabwe)
• Zimbabwe Association for Crime Prevention and the Rehabilitation of the Offender
• Zimbabwe Association of Doctors for Human Rights
• National Association of Non-Governmental Organisations (Zimbabwe)
• Zimbabwe Civic Education Trust
• Zimbabwe Congress of Trade Unions
• Zimbabwe Human Rights Association
• Zimbabwe Human Rights NGO Forum
• Zimbabwe Lawyers for Human Rights

Visit the Zimbabwe Human Rights NGO Forum fact sheet

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