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Report of events in Zimbabwe in 2007
Human Rights Watch
January 31, 2008
http://hrw.org/englishwr2k8/docs/2008/01/31/zimbab17799.htm
In 2007, Zimbabwe
descended further into political and economic chaos as President
Robert Mugabe’s Zimbabwe African National Union—Patriotic Front
(ZANU-PF) intensified its stranglehold on power. With annual inflation
reaching 8,000 percent in September, life for ordinary Zimbabweans
had become a struggle to meet basic needs. The government continues
to severely restrict the political opposition, media, and nongovernmental
organizations. Torture in police custody is common, as is the harassment
and arrest of journalists and human rights defenders.
The arrest and
brutal assault of over 50 opposition and civil society activists
during a prayer meeting on March 11, 2007, marked yet another low
point in the country’s seven-year crisis. There has been renewed
international concern, but continuing divisions and lack of decisive
leadership from regional powers, has done little to help improve
the human rights situation in the country.
While there has
been considerable concern that presidential and parliamentary elections
scheduled for March 2008 might not be free and fair, ZANU-PF and
the two factions of the opposition Movement for Democratic Change
(MDC) reached an agreement over proposed constitutional changes
to the election laws in September 2007 during South African-led
mediation talks.
Freedom
of Assembly
In
2007, hundreds of civil society activists and opposition members
were arbitrarily arrested during routine meetings or peaceful protests
against social, economic and human rights conditions.
On February 21,
2007, in response to opposition attempts to hold rallies launching
their election campaigns, the government imposed a three-month ban
on political rallies and demonstrations in Harare. Police argued
that the rallies would lead to a breakdown in law and order and
political violence. Then, on March 11, 2007, police violently prevented
a prayer meeting in Highfields township organized by the MDC and
the Save Zimbabwe Campaign—a broad coalition of church and civil
society organizations. More than 50 opposition members and civil
society activists were arrested on their way to the meeting, including
the leaders of the two MDC factions, Morgan Tsvangirai and Arthur
Mutambara. Many were beaten in police custody, sustaining severe
injuries including fractured skulls, broken bones and severe bruising
that required hospitalization. The government has done little to
address torture in Zimbabwe’s prisons and police cells, and such
incidents are rarely investigated.
Freedom
of Expression and Information
Intimidation,
arbitrary arrest, and criminal prosecution of journalists continue
to seriously limit freedom of expression and information. Several
of the journalists who tried to report on the events of March 11,
2007 and its aftermath were arrested, including independent journalist
Gift Phiri, who was reportedly tortured in police custody. He was
released on bail after four days, and charged with practicing without
a license and "abusing journalistic privilege." On the
day of the March prayer meeting itself, police assaulted photojournalist
Tsvangirai Mukhwazi and held him in custody for three days, even
though he had the required media accreditation. Four days later,
police severely beat another photographer and his brother in Glenview,
Harare when they attempted to take pictures of a group of people
at a shopping mall mourning the death of an opposition activist.
In August 2007,
the government introduced the Interception
of Communications Act which threatens to further restrict the
rights of Zimbabweans to privacy, information and expression. The
law allows the government to intercept emails; and monitor telephone
calls, the internet and postal communications. There are serious
concerns that the law could be used to target human rights activists,
journalists, trade unionists, and other government critics.
Police
Use of Excessive and Lethal Force
On
several occasions police have used tear gas to disperse demonstrations,
beaten protestors with batons and rifle butts and even fired on
peaceful protestors. In 2007 MDC member Gift Tandare was killed
when police opened fire on unarmed demonstrators during clashes
with the police in the immediate aftermath of the March 11 prayer
meeting. The following day, police opened fire on mourners at Tandare’s
funeral and two MDC supporters were seriously injured. On April
7, 2007, armed police reportedly stormed the home of opposition
member Philip Katsande and shot him three times in the arms and
chest.
After the shootings,
Philip Alston, United Nations Special Rapporteur on Extrajudicial,
Summary or Arbitrary Executions, called on the government to immediately
halt the use of lethal force against unarmed political activists.
So far, the police have not investigated any of the shootings.
Human
Rights Defenders
Human
rights defenders, especially lawyers, are often subjected to intimidation,
death threats, arrest and beatings by the police and intelligence
officers. For example on May 4, 2007, human rights lawyers Alec
Muchadehama and Andrew Makoni were arrested and held for three days
after submitting papers to the High Court on behalf of an opposition
activist.
On May 8, 2007,
a group of lawyers, including Beatrice Mtetwa, president of the
Zimbabwe Law Society, gathered outside the High Court in Harare
to protest the unlawful arrest of Muchadehama and Makoni. Mtetwa
and several others were arrested, forced into a police truck, driven
to a secluded area and beaten with batons.
Police assaulted
lawyer Harrison Nkomo on March 11 when he tried to secure the release
of an opposition member who had been arrested in connection with
the March prayer meeting.
Impunity
Government
officials implicated in rights violations have by and large escaped
prosecution. On several occasions in 2007 police failed to comply
with judicial orders to investigate allegations of torture and other
abuses committed by their own personnel. In any case, there is currently
no independent mechanism within the police force to deal with such
allegations. Political manipulation of the police and judiciary
and the obstruction of human rights organizations have also contributed
to a climate of impunity.
Elections
Parliamentary and presidential elections are scheduled for March 2008.
In September 2007, the government tabled the Constitution
of Zimbabwe Amendment No. 18 Bill, which, among other things,
harmonizes parliamentary and presidential elections, sets the election
date, establishes a presidentially-appointed human rights commission,
and provides for an electoral college consisting of the Senate and
House of Assembly to elect a successor in the event that a President
resigns, dies or is removed from office.
At first, the
opposition contested the Bill, arguing that it would merely deliver
an electoral advantage to the ruling party. However, during South
African-led negotiations in Pretoria, both factions of the MDC accepted
the proposed amendments in the bill. At this writing, South African-led
negotiations between the two parties over other aspects of the elections,
including further reform of electoral laws and the political climate,
were ongoing.
Even so, there
are serious concerns over whether the forthcoming elections will
be free and fair. Impunity that perpetrators of political violence
enjoy in Zimbabwe conveys the message that violence in the run-up
to and the aftermath of the 2008 elections will also go unpunished.
During the 2005 parliamentary elections, Human Rights Watch documented
numerous abuses, including widespread political intimidation, the
use of repressive laws to limit voters’ rights to freedom of expression,
association and assembly, and electoral irregularities.
Key International
Actors
International
actors are divided over how to address the Zimbabwe crisis. The
United States, the European Union and Australia have consistently
condemned the human rights situation, but many African governments
have refrained from doing so publically, stating that they are exerting
pressure through quiet diplomacy. However, this does not appear
systematic and sustained, or to be securing a response from President
Mugabe’s government that improves human rights. So far Mugabe appears
to have largely managed to persuade regional governments that his
government has been the victim of excessive and selective western
attention. African governments are also critical of western assertions
that the situation in Zimbabwe amounts to a threat to international
peace and security, and have objected to Zimbabwe’s situation being
addressed at the UN Security Council.
The arrest and
beating of the opposition leadership and civil society activists
on March 11, 2007, has drawn widespread public condemnation from
western governments including the United States and the United Kingdom.
UN Secretary-General Ban Ki-Moon also criticized the government’s
actions. African leaders were typically less vocal, although some,
such as President John Kufour of Ghana expressed concern at the
mounting political unrest. A statement from the chairperson of the
commission of the African Union (AU) Alpha Oumar Konare, also called
for the respect for human rights in Zimbabwe.
The Southern Africa
Development Community (SADC), which is well positioned to exert
pressure on the government of Zimbabwe, has so far extracted no
concrete concessions on human rights from Mugabe’s government. On
March 28, 2007, SADC member states convened an extraordinary summit
in Dar es Salaam, Tanzania to address the Zimbabwe crisis. Despite
high hopes, the summit’s final communique made no mention of the
arrests and beatings of opposition members and supporters, civil
society activists and ordinary Zimbabweans. Instead, SADC mandated
President Thabo Mbeki of South Africa to mediate talks between the
ruling party and the opposition.
The abuses have
continued, and at the SADC annual summit in August 2007, leaders
once again failed to establish concrete measures for addressing
the human rights crisis in Zimbabwe. The degree to which South Africa’s
and SADC’s response to the situation leads to improvements in respect
for human rights is a significant test for the effectiveness of
regional leadership in support of international human rights standards.
Meanwhile, in
February 2007 the EU extended its travel sanctions on President
Mugabe. In September British Prime Minister Gordon Brown threatened
to boycott a December EU-AU Summit in Portugal—which currently holds
the EU presidency—if President Mugabe was invited and allowed to
travel to Portugal. The AU on the other hand, insisted that all
African Presidents should be invited to the summit, and threatened
a similar boycott if President Mugabe was not invited. In October,
German Chancellor Angela Merkel appeared to back the AU position.
She described the situation in Zimbabwe as "disastrous,"
but insisted that it was necessary to discuss the matter "in
the presence of each and everyone."
At a Germany/European
partnership with Africa conference in November, Nigerian president
Umaru Yar’Adua reconfirmed the AU’s stance, arguing that President
Mugabe’s attendance at the EU-AU summit should not be made an issue.
However, President Yar’Adua went on to express concern at the human
rights situation in Zimbabwe stating that what was taking place
in the country was "not in conformity with the rule of law."
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