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Political Violence Report - February 2009
Zimbabwe Human Rights NGO Forum
March 26, 2009

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Overview

Zimbabwe's long awaited Global Political Agreement (GPA) of September 15 2008 was consummated on 11 February 2009 with the formation of an inclusive government with the aim of bringing to an end the crisis that has characterised the country over the past years. Mr Morgan Tsvangirai of the MDC-T was sworn in as the Prime Minister of Zimbabwe while Ms Thokozani Khupe of MDC-T and Mr Arthur Mutambara of MDC-M were sworn in as the Deputy Prime Ministers as required by law. The swearing in of the Prime Minister and the two Deputy Prime Ministers created optimism - that a new political dispensation that would see an end to an almost inherent Zimbabwean culture of political victimisation and discrimination had come. However, as this report documents, the arrest of the MDCT Treasurer-General Mr Roy Bennett only two days after the swearing in of the new Prime Minister and his deputies, demonstrated that not much has changed as yet. Mr Bennett was arrested on 13 February at Charles Prince Airport and is facing charges of attempted sabotage, banditry and terrorism. (He was released on 12 March 2009 following a Supreme Court ruling granting him bail.) The arrest and detention of Mr Bennett was in contravention of the letter and spirit of the GPA to which all parties have seemingly committed to as noted in their speeches at the swearing in ceremony.

The formation of the inclusive government did not bring an end to civic repression as witnessed by the continued heavy-handedness with which the police handled the protests that took place in the month of February. Women of Zimbabwe Arise (WOZA) and Men of Zimbabwe Arise (MOZA) took to the streets on three occasions in Harare and Bulawayo encouraging Zimbabweans to "let love lead the way" and protesting against the collapse of the education system while delivering a petition to the Minister responsible for education, Senator David Coltart. On all three occasions members were arrested, detained and some assaulted for exercising their civic liberty to assemble. Two lawyers were also wrongfully arrested in Harare following a WOZA march to the Ministry of Education on allegations that they were taking photographs of the march.

Also documented in this report is the arrest and detention of students from the University of Zimbabwe (UZ) as well as Midlands State University (MSU) following protests against the dollarisation of tuition fees in state universities. The Human Rights Forum strongly condemns the violent manner in which the police reacted to the protests and calls upon the Zimbabwe Republic Police (ZRP) to exercise restraint when dealing with peaceful and unarmed protestors. The Ministry of Home Affairs is also called upon at this time when the GPA is starting to be implemented, to institute reforms that will ensure respect for civic liberties and all human rights as well as the implementation of internationally accepted policing standards by members of the ZRP.

Another development that has seen optimism in the implementation of the GPA falter is the upsurge of fresh farm invasions and the harassment and forced eviction of commercial farmers, particularly in the Chegutu area. This report documents disturbances on farms in the Chegutu area, where ZANU PF youths have settled on the farms disrupting farming activities. Also documented in this report is the arrest of three farmers who were part of the group that won a ruling by the SADC Tribunal in Namibia declaring the land redistribution in Zimbabwe as discriminatory and contrary to the principles of the SADC treaty. The continued farm invasions as well as the harassment of the applicants in the case, is in complete disregard of regional mechanisms and treaties and sets a bad precedent for Zimbabwe's efforts for regional and international integration as well as for economic recovery, in which agriculture is key.

The upsurge of retributive violence and violence erupting after attempts by MDC supporters and activists to claim property lost to known and suspected ZANU PF supporters during the bloody 2008 electoral period is another worrying trend that has soiled the inclusive government. Reports of MDC supporters taking the law into their own hands and instituting "justice" against those who perpetrated violations against them during the 2008 electoral period are on the increase. The Human Rights Forum is deeply disturbed by the selective application of the law manifested through the arrest of MDC supporters only when it is clear, even from state media reports, that the violence is from both sides and at times, provoked by ZANU PF supporters. This report documents clashes between MDC and ZANU PF supporters in Mbare, an indication that partisan tensions are far from appeased with the formation of the inclusive government. Retribution is an indication of the dire need for national healing and also an indication that a blanket amnesty for the perpetrators of the gruesome crimes committed during the 2008 electoral period and before will only serve to intensify deep rooted tensions and polarisation. It is, therefore, the view of the Human Rights Forum that the inclusive government should establish mechanisms to ensure reparation and justice, in consultation with the citizenry, in order to bring about national healing. While the Human Rights Forum commends the government for establishing a Ministerial Organ on National Healing, we note that there hasn't been any visible effort towards addressing the pertinent issues the organ has to deal with. Any further delays in the execution of the organ's mandate will be a travesty of justice and a betrayal of the hopes and aspirations of the many victims of past human rights violations - a cause, albeit unjustifiable, of the retributive violence witnessed during the month under review. The Human Rights Forum also urges the police to implement the law impartially and equally against all individuals and parties involved in any unlawful activities.

Finally, of concern is the increase in violations against freedom of expression, association and movement between January in which two violations were recorded, and February which had 94. Also of note was the increase in the number of instances of political discrimination, intimidation and victimisation; 110 recorded in February as compared with 26 in January. Unlawful arrest and unlawful detentions were likewise on the increase in February, largely due to more civic activity as compared to the month of January. January recorded 21 of these violations and February 105. It should be noted however, that no cases of torture were recorded in either month.

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