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Political Violence Report December 2003 - Overview
Zimbabwe Human Rights NGO Forum
January 28, 2004

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Overview
Violence continued in Kadoma Central (MIDLANDS PROVINCE) into December 2003 following the holding of a by-election over the weekend of 29-30 November 2003. Members of the opposition party, MDC, reported being abducted, threatened and assaulted while votes were being counted following the conduct of the election. A number of incidents reflected a lack of political tolerance between supporters of the two contesting political parties with MDC supporters claiming that they were abducted to a Zanu PF base at a school in the area where they were beaten. TC, an MDC supporter, was reportedly hit with a stone on the forehead by ZANU PF supporters while at the vote-counting centre in Kadoma Central. He suffered severe injuries to the head. In a related incident, JC was also at the centre where votes were being counted when he was reportedly kidnapped by ZANU PF youths, taken to their base in the area, and assaulted with planks on the buttocks and arms. He fractured his right forearm. KM, another MDC supporter, alleges that he and his colleagues were barred from entering the vote-counting centre by ZANU PF youths.

It is deplorable that Zimbabweans should continue to be displaced from their homes on the basis of their political opinions and beliefs in violation of s21 of the Constitution which guarantees every individual's "right to assemble freely and associate with other persons and in particular to form or belong to political parties". SJ of Zaka (MASVINGO PROVINCE) purports that he was dislodged from his home in Zaka for the second time, which was destroyed in his absence by ZANU PF supporters. He had returned to his rural home in Zaka having been displaced and forced to settle in Harare. In St. Mary's, (HARARE PROVINCE), AM claims that he was assaulted by ZANU PF youths and was given notice to vacate his home. He is the MDC Chairman of the Branch Restructuring Committee. In Makoni North (MANICALAND PROVINCE), Cephas Jena, Khumalo Tsoka and other ZANU PF supporters reportedly assaulted TG and his sisters, forcing them to move to another area. The youths had arrived wielding machetes, sjamboks, and iron bars.

CG from Makoni North (MANICALAND PROVINCE) claims that ZANU PF youths burnt his mother's house, his brother's house, stole from his house the following day, and then threatened the three with death. He purports that Assistant Inspectors Mbwembwe and Ncube who were handling the case, were seen later in the day travelling in the ZANU PF truck that the youths had allegedly used when robbing his home. One Constable Mafira is alleged to have urged CG to withdraw the case saying, "munofira mahara" meaning "you will die for no reason". The apparent lack of separation between the state and the political party, ZANU PF, is a serious cause for concern. If the rule of law is to be upheld it is imperative that some members of the police are not perceived to have a bias towards any political party and for the lines between party and state to become clear.

Civil society activists remain unable to peacefully demonstrate and express themselves, being subjected to arrests whenever attempts to do so are made. 19 members of Women of Zimbabwe Arise (WOZA) were arrested in Bulawayo on 3 December 2003 when they attempted to stage a march against food scarcity and the escalating price of food. The marchers gathered at St. Patrick's church in Makokoba and marched to the OK Zimbabwe Supermarket. As they were about to leave the Mall where the supermarket in located, they were reportedly surrounded and arrested. Of the total 19 persons arrested, 5 were immediately released. The remainder were detained for two nights and later released without charges having been preferred against them.

The Human Rights Forum deplores the ongoing harassment of Zimbabwean citizens through frivolous arrests that are intended to prevent them from exercising their right to freedom of expression and assembly. This trend has prevailed throughout the year 2003 with arrests initially being made under the pretext that the demonstrators had violated the Public Order and Security Act (POSA). However more often that not, as was the case with the arrest of 19 members of WOZA and journalists who were covering the story, those arrested are later released without charges being preferred against them or alternatively charges are dropped before plea.

Totals 1 December 2003 - 31 December 2003

Sources: The information contained in the monthly violence reports is derived from statements made to the Legal Unit of the Zimbabwe Human Rights Forum, CFU reports, newspaper reports, and statements taken by the member organisations of the Human Rights Forum.

Note to the tables

Torture:
All cases of torture fall under the definition of torture according to the general definition given in the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman and Degrading Treatment and Punishment.

The four elements of torture are:

1. Severe pain and suffering, whether physical or mental
2. Intentionally inflicted
3. With a purpose
4. By a state official or another individual acting with the acquiescence of the State.

Those individuals referred to in point # 4 include the ZRP, ZNA, ZPS and the ZNLWVA (as a reserve force of the ZNA) and by any other grouping when directly sanctioned by the state.

Unlawful arrest and detention:

Arrest by the Zimbabwe Republic Police (ZRP) with no reasonable suspicion that an offence has been committed. Detention thereafter for a period exceeding 48 hours without access to redress through the courts or subsequent release without charge.

Abduction/kidnapping:

A kidnapping by a member(s) of an organised group that is not the ZRP organisation. political party, ZNLWVA, ZNA, MDC, Zanu PF etc

Disappearance:

Kidnapped persons whose whereabouts remained unknown at the time of reporting. Their whereabouts have still to be ascertained through follow –up reports or further investigation.

Property related

These are incidents in which property rights have been violated. This includes arson, property damage and destruction and theft.

Key Abbreviations

AIPPA - Access to Information and Protection of Privacy Act
CIO – Central Intelligence Organisation
MDC – Movement for Democratic Change
MP – Member of Parliament
NAGG - National Alliance for Good Governance
NCA – National Constitutional Assembly
OVT – Organised Violence and Torture
POSA – Public Order and Security Act
PTUZ – Progressive Teachers Union of Zimbabwe
UMP – Uzumba Maramba Pfungwe
Zanu PF – Zimbabwe African National Union Patriotic Front
ZNA – Zimbabwe National Army
ZNLWVA – Zimbabwe National Liberation War Veterans Association
ZPS - Zimbabwe Prison Service
ZRP – Zimbabwe Republic Police
ZIMTA – Zimbabwe Teachers Association
ZUPCO – Zimbabwe United Passenger Company

1 The full statement may be accessed at http://www.cosatu.org.za/press/latest.html
2 The Standard, 19 October 2003
3 see Are They Accountable? Examining alleged violators and their violations pre and post the Presidential
Election March 2002 by the Zimbabwe Human Rights NGO Forum, pp 69 & 70
4 The Standard, 2 November 2003, Police Spokesperson, Wayne Bvudzijena was quoted as saying "
5 Zimbabwe Election Support Network, The Zimbabwe Electoral Environment Post March 2002 - Any
Changes for Better or Worse?, November 2003
6 The Political Violence Report - July 2003 by the Zimbabwe Human Rights NGO Forum details similar incidents in which candidates were prevented from attending nomination and being registered as candidates due to violence and intimidation.
7 This observation was made by the Commonwealth Chairperson's Committee on Zimbabwe in the
Marlborough House Statement of 19 March 2002.

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