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Unwarranted
harassment of political leaders
Zimbabwe Lawyers for Human Rights (ZLHR)
August 14, 2008
Zimbabwe Lawyers
for Human Rights (ZLHR) wishes to express its concern and condemn
the action taken by immigration authorities in barring Movement
for Democratic Change (MDC) leader, Morgan Tsvangirai, and other
office bearers (including Secretary-General Tendai Biti) from traveling
to South Africa, as well as the subsequent confiscation
of their travel documents. They were stopped and their travel documents
were allegedly seized at the Harare International Airport on 14
August 2008 as they attempted to board a flight to Johannesburg.
The MDC leader and other officials intended to travel to South Africa
to attend the weekend summit of the Southern African Development
Community (SADC) where South African President Thabo Mbeki, who
is also the SADC appointed facilitator in the negotiations between
Tsvangirai, Arthur Mutambara and Robert Mugabe, is expected to report
to the SADC Heads of State on progress in the consultations.
This information comes as no surprise, in light of previous harassment
of both Tsvangirai and Biti by airport authorities.
Whilst reports have now been received that the travel documents
have been returned to their owners, ZLHR is at loss as to the legal
basis used by the police to confiscate the MDC leaders' travel
documents and deny them the right to travel freely outside the country.
The restriction of the MDC leaders' right to movement is unlawful
as they have not committed any known offence warranting such action
by the state agents. Such conduct is a clear violation of the MDC
leaders' fundamental right to freedom of movement as guaranteed
in the Constitution
of Zimbabwe, the African Charter on Human and Peoples' Rights
and other international conventions to which Zimbabwe is a State
Party. Further, a denial of freedom of movement also impacts negatively
on the related freedoms of expression, assembly and association.
It clearly demonstrates that the government has not relented in
its crackdown on the activities of legitimate opposition political
players.
The action is also in breach of Section 4 (b) (v) of the Memorandum
of Understanding recently signed by the principals of the three
political parties, which guarantees "free political activity".
It is such irrational conduct against Tsvangirai and Biti, the party's
chief negotiator in the crisis talks, which call into question the
sincerity and commitment of President Robert Mugabe and his party
to allow for legitimate political activities which can contribute
to a speedy and positive resolution of the country's agonizing
socio-economic and political crisis.
The crackdown against the MDC leaders at this moment in time will
be perceived by any reasonable person as a punitive measure meant
to deny them the opportunity to associate with regional leaders
and opinion-makers in efforts to provide meaningful contributions
at various platforms around the SADC Summit.
ZLHR calls upon the authorities to immediately cease such harassment
of members of the political opposition and to allow for free movement
of human rights defenders if they are sincere in opening up democratic
space in Zimbabwe and allowing free political and civic participation
as a means of contributing to the resolution of the crisis in our
country.
Visit the ZLHR
fact
sheet
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