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Concerned Civil Society statement on human rights violations in Zimbabwe
Concerned Civil Society Organizations (Malawi)
May 03, 2006

Introduction
Citizens in the Sub-Saharan Africa region are facing several problems that have a devastating impact on their lives. Such disasters include the HIV and AIDS pandemic which has claimed the lives of many of the citizens of this region than any other part of the world. However, fellow citizens across the border in Zimbabwe have been going through more hardships than any other citizens of the region.

For the past five years, Zimbabwe has been going through crises – political, social and economic in nature. All these constitute serious acts of human rights violations. The state which has the obligation to promote and protect all human rights and fundamental freedoms has become the major violator. In fact, the government’s adherence to the protection and promotion of human rights has deteriorated at a worrying pace. Further, Zimbabwe has remained weak and has resisted genuine participatory democracy and Constitutionalism. As a result, institutions of governance have been compromised, fuelling corruption, human rights violatoins and disregard for the rule of law.

Surprisingly, many citizens of the SADC region, including our own government, have decided to remain queit and claim that the issue is internal and as such they would not interfere into internal affairs of a fellow soverign state. However human rights issues are universal and they must be treated as such. The crisis in Zimbabwe has regional ramifications. The whole region is affected in one way or the other. A clear example is the displacement of millions of Malawians who have been in Zimbabwe for many years. They have no place to go to and many are stranded following the controvercial land redisribution programe and Operation Murambatsina.

Operation Murambatsvina or Operation Clean-up
On 18 May 2005 the Zimbabwean government launched what it euphemistically referred to as Operation Murambatsvina or Operation Clean-up, which resulted in the destruction of the homes and businesses of over 700, 000 people in cities across Zimbabwe and the disruption in the education of over 300 000 children. The intended homes for these displaced people have not been built.

Due to the economic hardships there, many citizens of Zimbabwe have become illegal migrants in neighbouring countries in search of jobs. It is for this reason that there is need for the citizens of this region to take a part in this crisis in the spirit of solidarity with the victims of human rights there. This is in the spirit that Southern African region is tied together politically, historically, economically and socially, thus making borders less important than the rights of all people in the region.

As a result of our joint histories and attachments all of us in the SADC region have a role and responsibility to act in support of the Civil Society and the suffering people of Zimbabwe who face a myriad of human rights abuses and violations.

Since human rights violations in Zimbabwe are still violations all over the region and indeed the world, concerned civil society organizations in Malawi join the people of Zimbabwe in respect and recognition of their rights in the spirit of solidarity. It is also in the spirit of remembering those Malawians in diasporas who are affected by land distribution programme and Operation Murambatsvina. Contrary to government’s assertion that these people are enjoying in Zimbabwe the situation is different on the ground. They are treated as foreigners and this was confirmed during the campaign in 2002 when President Mugabe publicly declared that he had no concern for people that have no roots in Zimbabwe.

Our major concerns

Law or Acts that Impinge on Human Rights Defenders (HRDs)

1. Public Order and Security Act

The Public Order and Security Act (POSA) was passed to repeal the colonial Law and Order( Maintenance) Act (LOMA), which had some of its restrictive sections struck down as unconstitutional by the supreme court on several occasions. The gazzeting of POSA was met with an outcry from local, regional and international human rights organizations, political activits.

The Act has been used to severely restrict fundamental freedoms and rights such as the freedom of assembly and association, freedom of expression and to an extent freedom of movement within the boarders of Zimbabwe. Under this Act it is an offence to have more than four people gathered together for any purpose and can attract arrest by the police. The work of the media has also been threatened under this Act, as the free practice of journalism without fear of being arrested for acts or publications, which are likely to cause hatred or engender hatred or public despondency, has been noted.

2. Miscellaneous Offences Act
   Miscellaneous Offences Act (MOA) has been in statute books since 1964. It was gazetted by the colonial regime of Ian Smith in preparation of the Unilateral Declaration of Independence (UDI) in 1965 which sought to declare independence of Rhodesia as a state separate from the Monarch of England. The government’s intention of bringing back archaic colonial laws is not only questionable but worrisome in so far as it takes away the democratic values for which the people of Zimbabwe have suffered.

In most cases the police have arrested Human Rights Defenders under POSA but because of greater burden of proof with regards to sections of POSA, the police have failed to sustain those charges. They have therefore opted to press charges under MOA which has some of the vaguest and widest construction of charges. Some of the charges with which human rights defenders have been charged include, "conduct likely to cause breach of peace".

3. Access to Information and Protection of Privacy Act
   Access to Information and Protection of Privacy Act (AIPPA) was passed in 2002 and has its objectives:

" To provide members of the public with a right of access to records and information held by public bodies; to make public bodies accountable by giving the public a right to request correction of misrepresented personal information; to prevent the unauthorized collection, use or disclosure of personal information by public; to protect personal privacy ;to provide for the regulation of the mass media; to establish a media and information commission and to provide for matters connected therewith incidental to the foregoing."

Of interest is the fact that since the promulgation of the Act, a number of independent newspapers and journalists have been arrested ranging from publishing of falsehoods, or practicing without accreditation as a journalist and in some cases we have seen the total closure of the media houses. Some of the newspapers which have been closed include, The Daily News, the Weekly Times and the Tribunal. It appears to have been a trend that all or some of the papers which have been considered to be controversial or critical or owned by personalities within or without the ruling elite. The work of the Media Information Commission which is a body mandated with the implementation of the Act in consultation with the Minister, has displayed acts of bias and malice on matters pertaining to accreditation of media institutions and journalists in terms of AIPPA.

4. Interception of Communications Bill
   The Government has now come up with a bill on electronic spying which permits the state to spy on citizens’ electronic mail, internet access and can intercept any communication, parcel etc. It also gives power to the state to request any information or communication at will and failing to provide such information is an offence. The bill infringes on fundamental rights and freedoms or civil liberties of ordinary citizens including the right to free communication. The bill has already provoked outrage from lawyers, human rights and political activists and defenders.
   
   
5. Non Governmental Organization Law
   The enforcement of the NGO bill will have an implication on the operations and work of NGOs in Zimbabwe. This bill is a constitutional violation of the right to free association, privacy and the right to free participation in national development. The bill has severely been critisised by national, regional and international human rights advocates as well as governments. But we applaud President Mugabe for not assenting to the bill. WE hope it will be withdrawn completely.
   
   
6. Other Laws
   The Government of the Republic of Zimbabwe has also used other laws which have undermined professional Human Rights Defenders, such as students and academics. For instance students are prevented from participating in meetings which are deemed to be political in nature. This has been criticized for stifling academic freedom within institutions of higher learning.

The Road Traffic Act (RTA) has also on several occasions been used to arrest Human Rights Defenders who engage in demonstrations or gatherings without the notification of the police under the pretext of obstruction of the free flow of traffic.

7. Collapsing of the Economy

We are greatly concerned with the collapsing of the once thriving economy driving millions of Zimbabweans into penury. The economy has shrunk by 50% in the past six years, with unemployment pushing at 80% and inflation a rampant 913%. The living standards has been catastrophic with about 4-6 million people rely on food aid , children missing school because parents can not pay school fees and hospitals lacking basic equipment and medicine. Handing a death sentence to those with aids and other treatable diseases. In all the social services, health, education, public works have completely degraded.

Harassment of Human Rights Defenders and Political Activists
Without providing for the enabling statutory laws, the government began by compiling a list of individuals whose passports should be withdrawn. On 7^th December, 2005, Trevor Ncube (owner of South African based mail and Guardian, as well as Standard and the Zimbabwe Independent newspapers in Zimbabwe) had his passport seized. On 9^th December, 2005, Paul Themba Nyathi (former MDC MP and spokesperson) had his passport seized at the Bulawayo International Airport, while on 16^th December, 2005, Raymond Majongwe (a trade Unionists and Secretary General of Teachers Union of Zimbabwe) had his passport confiscated. These passports were only returned after an urgent High Court application was filed and the state conceded that it was arbitrary and illegal to confiscate passports without implementing regulations. The state is apparently drafting legislation that will allow them to confiscate passports for people whom it deems to be unpatriotic and this remains a threat to human rights defenders and opposition political activists.

Consequences of "Operation Murambatsvina"
Zimbabwean populace continues to experience the traumatic effects of the disastrous operation. Government has obstructed relief efforts in numerous ways, to the point of rejecting a UN offer of tents for the homeless. Studies carried out by Action Aid and other organizations have shown in great detail the reverberating impact of the government blitz on poor and marginalized communities. Families have been moved from pillars to post and babies have died in the process.

Among those rendered homeless, without access to food, water, sanitation or health care, were infants, the elderly and infirm, including those with HIV/AIDS. United Nation’s Secretary-General Kofi Annan’s Special Envoy, Anna Tibaijuka’s report confirmed that over 2.4 million Zimbabweans were affected by Operation Murambatsvina. Thousands more families, many of them Malawi nationals or Zimbabweans of Malawi origin, were left homeless and their properties demolished. Further many citizens of Zimbabwe have become illegal migrants to neighbouring countries.

Consequences of Land Redistribution Programme
Many labourers, including Zimbabweans of Malawian origin and their families have adversely been affected by Zimbabwe government enforced eviction of white farm owners and expropriation of their lands and properties in the run-up to the 2002 Parliamentary elections.

Plight of Farm Workers
Farm workers continue to be exploited despite government’s controversial land distribution programme. Farm workers receive Zim$1.3 million, (MK1, 000) which is below the minimum wage in Malawi. They have also not been included in the land distribution programme as beneficiaries. Use of Child labour in farms is common. Due to hardships the farms have also contributed to increase in prostitution and HIV and AIDS. To compound matters government does not allow trade unions free access to the farms to interact with their members and get to know their status better.

Our Recommendations and Demands

To President Bingu Wa Mutharika and the Government of the Republic of Malawi

• Lead in convening a special summit for SADC Heads of States Forum to urgently discuss on the deteriorating economic, political and human rights situation in Zimbabwe.
• Encourage President Robert Mugabe to initiate an honest dialogue with the opposition and Civil Society organizations and individuals.
• Encourage President Robert Mugabe to recognize and take into consideration Malawians in diaspora, who have been affected by the land distribution programme and the controversial Operation Murambatsvina. This is contrary to his campaign speech in 2002 that he does not value other nationalities from neighboring countries such as Malawi who have helped build Zimbabwe economically.

To President Robert Gabriel Mugabe and the Government of the Republic of Zimbabwe

• Initiate Political Tolerance and Reconciliation with all political actors.
• Foster the restoration of respect for human rights, freedom of association, assembly, speech, expression, movement etc.
• Repeal all repressive laws i.e. Interception of Communications Bill, Access to Information and Protection of Privacy Act, Miscellaneous Offences Act, Public Order and Security Act and many others.
• Urgent stop of persecution of Human Rights Defenders, media practitioners and political activists
• Urgently stop the demolition of settlements in the cities and towns which has left many people homeless. Rather than leave poor people homeless the government must relocate them to decent houses.
• Urgent restoration of the rule of law and order.
• Restoration of the country respect towards Constituonalism and Constitutional order.

To SADC Heads of States and Governments

• Urgent intervention on Zimbabwe crisis to address the collapsing of the political and economic structure and call for a SADC Heads of States Forum to discuss on the deteriorating situation in Zimbabwe.
• Enforcing SADC states on common standards in governance, protecting and respecting human rights in the region.
• Enforcing NEPAD peer review mechasnisims based on checks and balances.

To the Donor Agencies

• Reverse the sanctions imposed on Zimbabwe by European Union, United States of America and others as these sanctions are seriously affecting innocent people and increasing the suffering more especially the vulnerable women, children, people living with HIV and AIDS and the Physically Challenged.
• Increase humanitarian aid and support to save the starving and desperate people of Zimbabwe.

We concerned Civil Society Organisations:-

• Undule Mwakasungura – Acting Exucitive Director, Centre for Human Rights and Rehabilitation, (CHRR), Tel: 761 122/700, 09449903
• Rodgers Newa – Executive Director, Centre for Youth and Children Affairs, (CEYCA), Tel: 01 727825/196
• Peter Chisi – Deputy Executive, Director Civil Liberties Committee, (CILIC), Tel: 01834063
• Francis Antonio – President, Transport General Workers Union, (TGWU), Tel: 9511684

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