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Man shot and killed, girls raped and others injured at Charleswood Estates in Chimanimani
Zimbabwe Human Rights Association (ZimRights)
February 12, 2004

Ruling ZANU PF party, Law Enforcement Agents, Militias cited as Responsible

Introduction
Historical evidence and experience within ZimRights suggest that forced displacement and temporary rural depopulation has been a political tool used specifically as a way of forcing people to succumb to the interests of the ruling party in Zimbabwe.

On Sunday, 8 February 2004, Shemi Chimbarara, a farm worker at Charleswood Estate was shot and killed by soldiers teaming up with ZANU PF supporters, the spoiled youths (militias), war veterans and members of the law enforcement agents. The Charleswood Estate farm is in Manicaland province. The owner of the farm is Hon. Member of Parliament Roy Bennett. In a bid to snatch the farm from Mr Bennet, the government has continued to use various means to force entry and seizure of the property. Police agents, Agricultural officers and the army have defied a High Court order barring the State from seizing the farm. The High Court argued that the farm which has been very productive, is in the Export Processing Zone.

The Zone brings much needed foreign currency in the country and also assists villagers in the nearby communal land. As the government tries to grab property, the farm owner, villagers and farm workers have suffered varied abuse at the hands of government agents. Recently, the newly appointed governor, one retired lieutenant general Mike Nyambuya has tried to use his influence by using the army to invade and force workers off the farm.

The Zimbabwe Human Rights Association (ZimRights) registers its utter dismay over the recent developments at Charleswood Estates. It is chilling to hear of gross violations of human rights continue with impunity. The ultimate failure by the government of Zimbabwe to prosecute perpetrators of political violence is a major contributory factor to the lawlessness in the country. There is every reason to implicate the government in this state of affairs. Ignoring and condoning the violations compounds the problem. ZANU PF is known for protecting its supporters as is evidenced through many supporters who committed criminal activities who have not been arrested. The government has promoted impunity and violations of human rights abuses through many amnesties pardoning of criminals and selective application of the law. The level of impunity in this country is a grave cause of concern.

The Incident, Sunday 8 February 2004
ZimRights’ Mutare grassroots structures advised that Shemi Chimbarara, a farm worker at Charleswood Estate, the farm owned by opposition MP Roy Bennett, was murdered on Sunday 8 February 2004, by soldiers and ZANU PF supporters. At 07:00 pm on Sunday evening a group of 20 ZANU PF supporters arrived at the home of Amos Makaza, a security guard at the farm. They were led by Chamunorwa Muusha, Charles Chigamba and an ex-police officer infamous in the area known as Nasho.

The group began stoning Makaza's house, breaking the window panes. Other workers on Charleswood came to Makaza's rescue and the Zanu PF supporters left, only to return later accompanied by soldiers who fired shots.

Makaza's house and car were then set on fire. The Zanu PF supporters and soldiers then went to the workers' houses where Chimbarara was shot and killed during the scuffle. Another worker, John Kaitano, was shot in the leg and is recovering in hospital in Mutare. There has been escalating violence at Charleswood in recent weeks, in what is seen as yet another determined effort by the provincial authorities to remove Bennet from his farm and from Manicaland.

It has also been established that on the 6^th of February 2004, one teenage girl was raped, and two others were sexually molested. The three Viola Ngwenya (18), Spiwe Chivhuro (15) and Melody (22) were abducted by a group led by Muusha. They were taken to a war veteran's house where they were detained for the night. The girls say that Viola was raped twice by Muusha, watched by others in his group. The other two girls say they were abused by Nasho, and two other men, Kareyi and Mabumba.

Another MDC MP from the area, Mathias Mlambo of Chipinge North, was forced to flee into the hills on Sunday night after being attacked by youth militia. Mlambo had been addressing a rally at Bingwa business centre in his constituency when a group of militia arrived in trucks belonging to Agricultrual Rural Development Authority (ARDA), the District development Fund (DDF) and Zimbabwe Electricity Supply Authority (ZESA), and began attacking the crowd. Mlambo's vehicle was saved by his driver, who fled under a hail of stones thrown by the militia in the presence of police officers. ZimRights has received increasing reports which point out that state machinery has been used in an organized way of inducing a culture of fear and retribution amongst citizens.

The degree of human insecurity is directly as a result of fear caused by state apparatus. The police had earlier tried to stop the rally, saying it had not been approved, even though permission to hold the meeting had been granted in writing. Mlambo returned from his overnight stay in the hills the next morning suffering from hypothermia.

Action Sought
ZimRights believes that the ultimate failure by the government of Zimbabwe to prosecute perpetrators of political violence and intolerance are major contributory factors the continued toll of impunity. This should not be allowed to take place in Zimbabwe. Its high time that human rights activists should take action against such abuses. We are thus calling upon you to support the action by openly castigating the conduct of ZANU PF and the law enforcement agents.

We therefore recommend that:

• there be full and unbiased investigation into reports of political disorder and citizen abuse and those responsible be evenly censured and punished as prescribed by the law.
  
• the government of Zimbabwe investigates all human rights violations and guarantee the security of the human person
• the government of Zimbabwe guarantees the physical, psychological, moral and spiritual integrity of Hon. Roy Bennet and those who hold a different political, social or economic opinion

CALL FOR ACTION
Concerned people should write complaint letters to relevant authorities demanding thorough investigations and prosecution of all the perpetrators. The addresses of the relevant authorities are shown below.

Zimbabwe African National Union (Patriotic Front)
John Nkomo
ZANU PF National Chairperson
ZANU PF Head-Quarters
Harare

Kembo Mohadi
Minister of Home Affairs
Private Bag 7703
Causeway
Tel: 263-4-723653

Patrick Chinamasa
Minister of Justice, Legal and Parliamentary Affairs
Private Bag 7704
Causeway
Tel: 263-4-737931

Augustine Chihuri
Police Commissioner
P.O.Box CY34
Causeway
Tel: 263-4-733033

Respect Right to life
Article 3 of the Universal Declaration of Rights
Article 6 of the International Covenant on Civil and Political Rights

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