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Under a Shadow: Civil and Political Rights in Zimbabwe
Human Rights Watch
June 06, 2003

http://hrw.org/backgrounder/africa/zimbabwe060603.htm

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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.

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."

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 toinsist 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.
  

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