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Political Violence Report - March 2009
Zimbabwe Human Rights NGO Forum
April 28, 2009

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Overview

The month of March saw a continuation of the disturbances on commercial farms, thwarting of civic activity and political polarisation, as the rule of law continued to be compromised despite the formation of an inclusive government. Human rights violations remained a worrying trend in a society that hopes to transcend from a past of violence, political polarisation and intimidation, into a new democratic dispensation. In fact, even though the month shows a reduction, the trend of human rights violations threatens to distabilise the already fragile peace in the country and discourage any efforts to bring to an end the socio-economic challenges that have bedeviled the country for so long.

As in the previous month, clashes between ZANU PF and MDC supporters were reported in March; another indication that political polarisation is far from over. Members of both parties have been implicated in violent retributive attacks, reminiscent of the violence that occurred pre and post the 2008 Harmonised elections. This report documents incidences in which MDC and ZANU PF supporters clashed at the funeral of the Prime Minister's late wife Susan Tsvangirai, leading to massive property destruction. Inter-party violence was also reported in the Zimunya area as well as in Mufakose and Glen View.

These attacks are a sign of deep rooted anger and hatred which still pervades in Zimbabwe, especially after the violence that occurred in 2008. Many of the victims still bear the physical and emotional scars of what happened to them during that time. Much of this anger has been aggravated by seeing the perpetrators of the violations walking free, and in some cases threatening to do more harm. Some victims of the 2008 election violence have thus taken the law into their own hands and have sought revenge on those who wronged them. This retributive violence raises fears of an even bloodier election in the future unless more is done to ensure justice and closure for the wronged. The ghost of the 2008 pre and post election period continues to haunt many communities in the country, and this has prevented attempts to return to some form of normalcy in their day to day activities.

This report documents the failure by some schools in Zaka district to open for the first term of 2009 as teachers refused to return to work following continued threats of victimisation by ZANU PF youths in the area. Teachers in Zaka district, like those in most rural districts, were forced to flee their homes and jobs prior to the 27 June Presidential Election Run-off due to victimisation and intimidation by ZANU PF youths. They were accused of campaigning for the opposition and causing disaffection for the government among the rural populace. The continued intimidation of teachers has adversely affected the communities in which they served as many children are denied the opportunity to go to school. Political intimidation coupled with economic challenges, threatens recovery efforts within the education sector and the future of thousands of young Zimbabweans.

The signing of the Global Political Agreement (GPA) on 15 September 2008 brought hope for change in the Zimbabwean political landscape. The opening up of space for civic activities was one such anticipated change. However, the clampdown on civil society has continued leading to the arrest and detention of civic leaders. This report documents the arrest and detention of two Women of Zimbabwe Arise (WOZA) members in Bulawayo while seeking audience with the administration of Mpumelelo Primary School over the way the school is being run and the demands being made by the school on parents. The two women who were arrested have grandchildren at the school.

Student leaders in tertiary institutions have also continued to be targeted for arrest, detention and intimidation as they seek to have issues affecting them addressed. This report documents the arrest and detention of Bindura University students following a protest against high tuition fees. Protests against the tuition fee structure for tertiary institutions announced by government at the beginning of the year, have taken place at institutions around the country. Many student leaders have been arrested, detained, expelled or suspended from institutions or have appeared in court facing various charges, as a result of these protests. Some students who have been arrested have been beaten and tortured while in custody, a technique that has been used to interrogate and intimidate student leaders. Since the early 1990s, student activism has been viewed as a dangerous precedent and a threat to the government, hence the heavy-handed manner in which protests by the student movement have been dealt with.

The rule of law in Zimbabwe continues to be under the spotlight as a new wave of violence grips the farming community. This report documents disturbances on farms in Chegutu and Chiredzi where farmers have been forced to leave their homes and have had their property looted by war veterans and ZANU PF youths. In spite of rulings by the local courts allowing some of the farmers to continue with their farming activities, intimidation, arrests and looting of property have continued on commercial farms. Of note in this recent spate of violence on farms is the incessant looting of personal property that is totally unrelated to farming activities, a trend that has raised questions over the claimed intent of these farm occupations.

The recent violence on farms has not only affected the commercial farmers themselves but also a large proportion of farm laboures and their families who have also been forced to leave their homes, and in some cases arrested for refusing to leave them. In a press statement, the General Agriculture and Plantation Workers Union of Zimbabwe (GAPWUZ) notes that 1 500 families have been affected by the current violence on farms as farm labourers lose their homes and employment at farms where disturbances have occurred. Occupation of commercial farms has continued in disregard of the Southern African Development Community (SADC) Tribunal ruling which held that "In implementing Amendment 17, the Respondent has descriminated against the applicants on the basis of race and thereby violated its obligation under Article 6(2) of the SADC Treaty".

The judicial system has also not been spared by this plummeting in the rule of law in the country as seen by the arrest and subsequent charging of Mutare Magistrate Livingston Chipadze with criminal abuse of office for ordering the release of Roy Bennet, the Deputy Minister of Agriculture elect. The harassment and intimidation of judicial officers is worrying and will compromise the delivery of justice in Zimbabwe and taint efforts to move towards democratisaion which entails the separation of powers and thus the independence of the judiciary.

The total of 155 violations recorded in March is much lower than the 435 recorded in February. There was also a significant decline in the number of individual violations such as the freedom of assembly/association/expression which recorded 94 violations in February as compared to 30 in March. Another significant decline was in the number of unlawful arrests and unlawful detentions in which 105 violations were recorded in February as compared to 31 in March. Violations of political discrimination/intimidation/victimisation were also on the decline with 37 violations being recorded in March as compared to 110 in February. The decline in these violations can be attributed largely to the decrease in civic activity in March as compared to February when a number of protests occurred resulting in the arrests and detention of some of the protestors. The most significant increase was in property related violations which is attributed to the disturbances that have been occurring on commercial farms; seven in February and 16 in March. The first incident of torture in 2009 was recorded in March. It has been noted by the Human Rights Forum that violations of torture largely occur during election periods and decline in non-election periods, hence the decrease in the number of incidences of torture recorded since the beginning of the year.

The decrease in the violations recorded in March cannot necessarily be attributed to an improvement in the human rights situation in Zimbabwe but basically to a lack of stimulus such as an election or public protests; although some cautious optimism must be expressed that the situation will improve under the terms of the GPA. The Human Rights Forum therefore calls upon the GoZ to put in place measures to end violence and restore the rule of law. Unless such measures are taken, Zimbabwe's legacy of violence and human rights violations will continue unabated.

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