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The
Persistence of Repression: Part 3
Zimbabwe Human
Rights Association (ZimRights)
October 09,
2003
Arrest
of ZCTU Activists: October 09, 2003
High handed
response of the Government to ZCTU Civil Disobedience
In
1965, the then Government of Rhodesia declared a State of Emergency
which gave it powers to detain opponents without trail. The Police
force used brutal methods to suppress nationalist agitation. Torture
and harassment was widespread and included beatings, electric shocks
and immersion in water until the victim lost consciousness. Even
in independent Zimbabwe, it has become custom that the government
excises high-handedness and brute force when responding to mass
citizen action like demonstrations, protests and marches1
In the field
of policing today, Zimbabwe is fast attaining a bad reputation of
having the most abusive postcolonial force in Southern Africa and
indeed in the entire SADC Region. Civil society has documented numerous
accounts of police misconduct and gross human rights violations.
Complaints against the police range from not only physical assault,
use of firearms or verbal degradation, but also arbitrary arrests
and the use of totalitarian authority to deny privileges to the
incarcerated. The government has used its supporters, "militia"
groups and other security agents to suppress action by the masses.
As the government attempts to thwart dissent, such repressive actions
by the state agents erode basic rights protections even those fundamental
guarantees espoused in the Zimbabwean constitution. ZimRights is
taking up the issue of police brutality with the relevant authorities.
Clampdown
on dissent: Arrest of ZCTU Activists
The
recent arrests are not new. Numerous breaches of labor rights have
been registered in 2002 in violation of human rights instruments,
in particular of the International Labor Organization (ILO) 98 Convention
concerning the application of the principles of the right to organize
and to bargain collectively ratified by Zimbabwe in 19982
On 9 December
2002 ZCTU leaders (Mr. Wellington Chibebe, Mr. Tambaoga Nyazika,
Mr. Timothy Kondo, Mr. Settlement Chikwinya, Mr. David Shambare,
Ms. Patience Mandozana, Mr. Thomas Nyamanza, Mr. Gideon Shoko and
Mr. Hwinya Matambo) were arrested by the police, while holding a
legitimate union meeting at Adelaide Acres3
Today, the country
has an avalanche of multiple manifestations of human rights violations.
The background to the arrest of ZCTU activists is that, ‘due to
lack of economic planning and obsession with political power, government
has failed to provide citizens of Zimbabwe with their utmost basic
right, the right to live’. 4 The
ZCTU notes that 85% of the country’s population now lives below
the Poverty Datum Line and almost 80% are unemployed. The trade
union movement decided to protest to the government over the following
issues:
- High levels
of taxation
- High cost
of living
- Transport
shortages
- Shortage
of cash and
- Violation
of human and trade union rights
The ZCTU called
upon the Government of Zimbabwe to desist from a tendency of ad-hoc
planning and to come up with a long term and permanent solution
to the crisis in Zimbabwe.
Diary of
Events
Harare, 08
October 2003
41 ZCTU activists
were arrested, including the leadership, Wellington Chibhebhe (ZCTU
Secretary General) and Mr Lovemore Matombo (ZCTU President) and Mr
Raymond Majongwe (Progressive Teachers Union). Mr. Raymond Majongwe
5 was previously arrested
and detained in October 2002 for organizing a collective job action
by members (teachers) of his labour movement 6.
The activists were taken to Harare Central Police Station where they
were interrogated by the Police Internal Security Intelligence unit
(PISI). Five hours after the arrest, the Police were still considering
further investigations and contemplating handing over the activists
to the Law and Order Section. The Law and Order Section is well known
for its ruthless handling of suspects and the treatment of Standard
Newspapers journalist Ray Choto come to mind. The Law and Order Section
has been used to investigate and deal with cases involving dissent
and those of a political nature. The ZimRights Chairman’s visit to
the police station revealed that no statements had been recorded seven
hours after the arrest. The subjection of suspects to mental games
by the police seriously traumatizes suspects especially as one does
not know what course of action or charges to be preferred. As the
interrogations continued and no charges were raised, the activists
were virtually exposed to a trend and investigation pattern, which
befits "psychological torture" (especially when on record,
the Zimbabwe Republic Police interrogation patterns have been synonymous
with subjecting activists to a form of mental games).
At 10:30pm,
21 people admitted to paying a fine and were charged for contravening
sections of the Miscellaneous Offenses Act. 20 people who included
the ZCTU leadership refused to pay fines and were later released
(at night) into the custody of Lawyers, Messrs Muchadehama and Bhatasara.
They were asked to report at the police station at 1000hrs on 09
October 2003.
Harare, 09
October, 2003
As at 1200hrs,
no charges had been preferred and lawyers were trying to establish
the next course of action. It was most likely that they would be charged
for contravening Section 24 of the Public Order and Security Act (POSA),
a section which makes it an offense to organize and undertake an unsanctioned
meeting or organizing an ‘illegal’ demonstration.
At about 1320hours
they were released on summons meaning that they will be summoned
to court if necessary. It is evident that there is no basis of having
arrested them in the first place. The sum of ZimRights’ fears are
that releasing suspects on summons, further illustrates the desire
and idea of continuously subject activists to a form of indirect
harassment and dampening of spirits. Activists will be forced into
self-censure or self-censorship and not engage in activities that
might attract police attention lest they risk being summoned to
court for an "unfinished case".
Bulawayo, 08
October, 2003
Mr Shambare Zvavamwe
the deputy Regional Chair for ZCTU Matebeleland province was picked
up together with one Mcitsho, Hilda Phiri, A. Manenji and Charles
Tembo. Amongst this group, one lady is pregnant. ZimRights remains
worried that the local police has exhibited high levels of insensitivity
against activists regardless of your physical or medical state. Information
received indicates that some of the Bulawayo activists were picked
up at night. Mr Sam Khumalo, an MDC councilor and member of ZCTU was
also picked up and assaulted. The activists were later released on
summons.
Mutare, 08 October, 2003
At least 105 activists
were arrested in connection with the ZCTU organized protest. They
were surrounded and locked inside a fence for several hours. Lawyers
who were sent to assist the group led by Trust Maanda, a Mutare lawyer,
were refused access to the detainees The activists were later released
after being forced to pay an admission of guilt fine. They were charged
for contravening Section 7 of the Miscellaneous Offenses Act. The
tactic used by the police was that of giving the suspects two options
of either paying a fine and get released – and that of refusing to
pay and be further detained. It is most probable that many activists
opted to pay an admission of guilt in order to buy their freedom since
further course of action by the police were not clear and that the
conditions of custody in police cells are just deplorable. This method
of using vague clauses and sections open to wide interpretation has
been used on several occasions especially against National Constitutional
Assembly activists. The continued use of Miscellaneous Offenses Act
gives room for wide interpretation by the police and any such a charge
can be used to thwart civil society activism and also is open to abuse
by police details who are naturally against human rights defenders
or trade unionists.
Chinhoyi, 08 October, 2003
3 people, including
Wellington Chiparamakura were arrested in Chinhoyi. Lawyers were also
deployed to assist and at the time of this release were battling for
their clients’ freedom.
Masvingo, 08 October, 2003
Mr Muposhi was
arrested. No information that he was released – the assumption is
that like in other small cities, he might be taken to court. Mr Makonese,
a human rights lawyer is attending to the case.
09 October, 2003
At around 1015
hours, 5 people including Mr Mazarura were picked up in Chiredzi.
The arrest of today evidently reflects the police’s interest to continue
cracking down on all those perceived to have participated in the protests.
This might be a political statement warning any one contemplating
on advancing similar civil disobedience campaigns in the near future.
ZimRights continues
to closely monitor the human rights situation in Zimbabwe. State
sponsored harassment, attacks and torture directed at civil society
and media workers continue unabated. The case of ZCTU activists’
arrest illustrates the widespread of violations taking place and
the unmitigated crackdown on dissent by the Government of Zimbabwe.
ZimRights unreservedly
condemns the arrest of ZCTU activists. The Zimbabwean constitution
respects freedom of association, assembly and expression. The Right
to Organise is under threat. Repressive legislation continues to
be used against aspirations of mass mobilization. ZimRights recently
issued a public petition calling for the repeal or refinement of
Public Order and Security Act (POSA) and Access to Information and
Protection of Privacy Act (AIPPA).
POSA violates
freedom of association, assembly and movement enshrined in the following,
- Section 21
and 22 of Chapter 3 of the Constitution of Zimbabwe
- Article 13
and 20 of the Universal Declaration of Rights
- Article 12
and 21 of the International Covenant on Civil and Political Rights
- Article 11
of the African Charter on Human and People’s Rights
AIPPA violates
freedom of expression enshrined in the following,
- Article 19
of the Universal Declaration of Rights
- Article 19
of International Covenant on Civil and Political Rights
- Article 9
of the African Charter on Human and People’s Rights
Zimbabwe Ratified
all the regional and international Instruments cited herein
Recommendations
ZimRights urges
that, the Zimbabwean Authorities do the following,
- Quickly nip
in the bud any kind of harassment and reprisals against all human
rights defenders, trade unionists and associations;
- Ratify the
ILO 87 Convention concerning freedom of association and protection
of the right to organize.
- Conform to
the provisions of national, regional and international human rights
instruments, to which Zimbabwe is party such as the Zimbabwean
Constitution, African Charter on Human and People’s Rights and
others.
- Establish
an Independent Human Rights Commission.
1
ZimRights Action Newsletter, Number 3, June 2003
2
It must be noted that Zimbabwe has not ratified the 87 ILO
Convention concerning freedom of association and protection of the
right to organize
3
See OMCT Economic social and Cultural Rights Case ZWE 111202
and 111202.1
4
ZCTU Press Statement on the current crisis released on 8/10/03
5
Also see ZimRights Report :- Onslaught Against Human Rights
Defenders, February 2003
6
See OMCT Economic social and Cultural Rights Case ZWE 121002
and 121002.1.
Visit the ZimRights
fact sheet
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