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Report
of Committee on the Human Rights of Parliamentarians Mission to Zimbabwe,
28 March - 2 April 2004
111th
Assembly of the Inter-Parliamentary Union and related meetings - Geneva,
Sep 28 - Oct 01, 2004
Geneva - October 01, 2004
Inter-Parliamentary Union (IPU)
October 01, 2004
A. Objective and conduct of the mission
The communications concerning those opposition members of the Parliament
of Zimbabwe whose cases gave rise to the mission were referred to the
Committee on the Human Rights of Parliamentarians in successive stages.
The first case to be submitted to it was the case of Mr. Justin Mutendadzamera
in January 2001. One year later, at its 96th session (January 2002), the
Committee was seized of the case of Mr. Fletcher Dulini-Ncube. When it
received complaints concerning five more opposition members of the Parliament
of Zimbabwe, (Mr. David Mpala, Mr. Abednico Bhebhe, Mr. Peter Nyoni, Mr.
David Coltart and Mr. Moses Mzila Ndlovu), the Committee decided to merge
all these cases and to bring them to the attention of the IPU Governing
Council in a public report. The Committee took this decision in view of
the fact that these cases not only raised concerns of systematic harassment
of opposition members, but also of ill-treatment in detention and impunity.
Only once, in April 2001 had the Speaker of Parliament at a hearing held
on the occasion of the 105th Conference of the Inter-Parliamentary Union
provided information about the case of Mr. Mutendadzamera1,
and the Committee therefore also considered that it lacked official information.
In view of this situation,
in September 2002 the Governing Council requested the Committee to carry
out an on-site mission with the mandate to gather from the competent parliamentary,
governmental, judicial and administrative authorities, as well as from
the MPs concerned, their families and lawyers, as much information as
possible on their situation. The Council requested the IPU Secretary General
to take the necessary steps for the mission to go ahead as soon as possible.
At its 100th session
(January 2003), the Committee declared admissible the cases of Mr. Roy
Bennett, Mr. Job Sikhala and Mr. Tichaona Munyanyi and decided to include
them in the mission's mandate.
By letter dated 3
June 2003, the Speaker declared that the mission was welcome and agreed
to the date proposed, namely 23 to 27 June 2003. At its 102nd session
(7?10 June 2003), the Committee welcomed the development and requested
the Secretary General to prepare the mission. At the same session, the
Committee had before it complaints concerning twelve more opposition MPs,
namely Ms. Pauline Mpariwa, Ms. Trudy Stevenson, Ms. Evelyn Masaiti, Mr.
Tendai Biti, Mr. Gabriel Chaibva, Mr. Paul Madzore, Mr. Giles Mutsekwa,
Mr. Austin Mpandawana, Mr. Milton Gwetu, Mr. Silas Mangono, Mr. Edwin
Mushoriwa and Mr. Gibson Sibanda. Having declared them admissible, the
Committee decided to include them within the mission mandate. Finally,
in October 2003, complaints concerning six other opposition MPs, namely
Ms. Thokozani Khupe, Mr. Willias Madzimure, Mr. Fidelis Mhashu, Mr. Tumbare
Mutasa, Mr. Gilbert Shoko and Mr. Jelous Sansole were referred to the
Committee which, having declared them admissible, also included them in
the mission mandate.
On 19 June 2003,
the Parliament of Zimbabwe informed the Secretary General that the Speaker
had not received clearance from the Ministry of Foreign Affairs for the
mission to go ahead from 23 to 27 June 2003. A new date, 4 to 8 August
2003, was then suggested and approved by Parliament. However, at the Parliament's
request, the mission had again to be postponed. It also proved impossible
to carry out the mission at the next date proposed, 25 to 30 January 2004.
Finally, in January 2004 the parliamentary authorities suggested that
the visit take place in March 2004.
The Committee
which initially had asked its titular member of the African region, Mr.
Mahamane Ousmane, President of the National Assembly of Niger, to lead
the delegation, was repeatedly obliged to change the composition of the
delegation because of the changes to the mission dates. Mr. Ousmane was
unable to travel to Harare on the date proposed by the Zimbabwe Parliament,
and the Committee therefore mandated its former President and titular
member for Latin American, Mr. Juan-Pablo Letelier, and the IPU honorary
Secretary General, Mr. Pierre Cornillon, to conduct the mission from 28
March to 2 April 2004. The Zimbabwean authorities agreed to this date,
and the mission went ahead accordingly. The delegation was accompanied
by Committee Secretary Ms. Ingeborg Schwarz.
The
delegation met with the following persons:
(a) Parliamentary
authorities
- Mr. E.D. Mnangagwa,
Speaker of the Parliament of Zimbabwe
- Mr. Austin Zvoma, Secretary General of Parliament
- Mr. G. Sibanda, Leader of the Opposition
- Mr. J. McD. Gumbo, Government Chief Whip
- Mr. Innocent Gonese, Opposition Chief Whip
- Ms. Th. Khupe, Deputy Chief Whip, Opposition
(b) Governmental authorities
- Dr. S. Mudenge,
Minister of Foreign Affairs
- Mr. P. Chinamasa, Minister of Justice, Legal and Parliamentary Affairs
(c) Judicial authorities
- Mr. Godfrey Chidyausiku,
Chief Justice
- Mr. B. Patel, Acting Attorney General
(d) Administrative
authorities
- Mr. A. Chihuri,
Commissioner of Police
- Ret. Major General Zimondi, Commissioner of Prisons
(e) MPs concerned
- The delegation
met with all the MPs concerned, with the exception of Mr. Justin Mutendadzamera.
Mr. Peter Nyoni, Mr. David Coltart and Mr. G. Mutimutema Shoko. In addition,
it met with Mr. Paul Themba Nyathi, Mr. Renson Gansela, Mr. Blessing
Chibundo and Mr. Edward Mkhosi.
(f) Non-governmental
human rights organisations
- Representatives
of the Zimbabwe NGO Human Rights Forum
The delegation wishes
to thank all persons concerned for the time they took to meet with it,
to respond to its queries and to exchange views with it. It is grateful
for the information and clarifications provided in writing after its return
by the police authorities and certain MPs concerned. The delegation wishes
in particular to thank the Parliament and the Speaker for having arranged
the visit and for the warm hospitality that it received. The delegation
appreciated the opportunity it had to attend part of a parliamentary sitting
and thus see the Parliament of Zimbabwe at work. The delegation also wishes
to point out that the meetings with the MPs concerned all took place in
Parliament, as arranged by the opposition.
The delegation regrets
that, although foreseen in the official programme of the visit as prepared
by the Parliament, the Minister of Home Affairs, Mr. K. Mohadi whom it
was supposed to meet together with the Commissioner of Police, did not
attend the meeting for reasons which the delegation was not informed about.
1 Subsequently, in
March, June and September 2003, reports drawn up by the Police Headquarters,
relating to some of the cases in question, were referred to the Committee.
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