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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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