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ZLHR petitions Parliament, Supreme Court and PM's office on International Human Rights Day
Zimbabwe Lawyers for Human Rights (ZLHR)
December 10, 2009

Petition for the immediate and unconditional protection of all members of the legal profession by all three arms of government

We, the members of Zimbabwe Lawyers for Human Rights (ZLHR), being deeply committed to fostering a culture of human rights and respect for the Rule of Law in Zimbabwe and throughout the African continent, remain greatly apprehensive of the continued constricting of the operating space for lawyers carrying out their professional duties.

Lawyers in private and public practice serve as Human Rights Defenders (HRDs), in that they are the critical and last line of defence in protecting and ensuring the fundamental rights and freedoms of litigants and those charged with criminal offences. Through the course and scope of their work, lawyers aid citizens to realise their civil, political, social, economic and cultural rights. They are also a vital cog in the wheel of justice delivery, access to justice, and the enhancement of public confidence in the institutions which are constitutionally obligated to protect and promote human rights.

Despite these important roles, members of the legal profession are persistently under attack - most often by state actors or those acting with the knowledge and/or acquiescence of the state. Regrettably, this state of affairs continues unabated, negatively impacting on the fundamental right of an accused 'to be represented by a lawyer of one's choice', and other rights enunciated in the African Charter on Human and Peoples' Rights, the International Covenant on Civil and Political Rights, the Universal Declaration of Human Rights, the United Nations Basic Principles on the Role of Lawyers, and the African Union Guidelines on the Right to Fair Trial and Legal Assistance in Africa.

This pivotal role has been continually undermined over the years with the following experiences repeatedly taking centre stage:

• Lawyers in private practice have been victimised and harassed after being identified with the causes of their clients. They have, during the last year (as in previous years), frequently been arbitrarily arrested, detained and maliciously prosecuted on allegations of "obstructing or defeating the course of justice". No such prosecution has resulted in a conviction, reinforcing the perception that lawyers are being persecuted rather than legitimately prosecuted.
• Not only has this negatively impacted their own rights, but it has also adversely affected the fair trial rights of their clients, including access to legal representatives of their choice on demand.
• Denial of access to clients continues to be the norm, as do verbal and physical attacks on lawyers at police stations, in their practices, through the state-controlled media, and in the courtroom.
• Human rights lawyers often endure other physical and psychological attacks such as assaults, death threats, stalking and attempted abductions.
• Lawyers in the public sector and judicial support staff who have attempted to exhibit independence and professionalism in the execution of their duties have also been harassed - both by the police and their own superiors in the Office of the Attorney General. They are increasingly being arbitrarily charged with criminal offences such as 'committing criminal abuse of duty as a public officer', which has had a chilling effect on their ability to execute their professional duties without fear or favour.
• State actors, working in collaboration with non-state actors, undermine and denigrate the efforts of lawyers, and habitually defy court orders, especially those which are intended to promote and protect human rights. This not only tears at the very fabric of the Rule of Law, but also makes a mockery of the principle of separation of powers and impairs the integrity of the justice delivery system, and particularly the independence of and respect for the Judiciary.
• Law enforcement and intelligence agents, and judicial officers continue to deny lawyers prompt and unrestricted access to courts of law and fail to efficiently determine and finalise pending cases, particularly Urgent Chamber Applications relating to ongoing violations against HRDs. This has the effect of placing affected individuals at further risk of disappearances, torture and other cruel, inhuman and degrading treatment or punishment.

Cognisant of the urgent need, therefore, to take measures to advance the independence of the legal profession and to ensure the immediate cessation of systematic targeting of human rights lawyers during the course of their duties, we the members of ZLHR call upon the following stakeholders responsible for the proper administration of justice to take the following measures:

The Executive

• Uphold the Rule of Law and promote and protect human rights.
• Observe and respect all court orders.
• Contribute to the fight against impunity by taking stern and uncompromising action against those institutions and individuals who defy court orders.
• Promote and ensure the constitutional guarantee of an independent judiciary.
• Recognize and respect the principle of separation of powers.
• Guarantee freedom from interference in the work of lawyers in the public and the private sector.

The Judiciary

• Urgently and comprehensively amend the Rules of Procedure, in full consultation with stakeholders including members of the legal profession, to ensure:
  • unrestricted and unhindered access to all courts of Zimbabwe by officers of the court pursuing their lawful and professional duties;
  • the expeditious and transparent handling and adjudication of all Urgent Chamber Applications and all pending court cases without fear or favour; and
  • speedy determination of all contempt of court proceedings in cases of defiance of court orders by members of the executive, and any other transgressing litigants
• Ensure that any state institution and/or agent who contravenes the Declarator on the rights of lawyers whilst executing their duties, which was delivered by the Supreme Court of Zimbabwe on 5 August 2009, and made available on 30 October 2009, is pursued for contempt of court in order to protect the integrity of the judiciary and to ensure that the judiciary proactively contributes to the protection of the rights and independence of the legal profession in Zimbabwe.

The Legislature

• Take immediate steps to deal proactively with offensive legislative provisions and malicious administrative practices implemented by the police and the Office of the Attorney General to undermine the work of the legal profession and endanger the integrity, independence and safety of lawyers in public and private practice. These steps include, but are not limited to:
  • establishing an independent parliamentary committee to expeditiously, transparently and publicly investigate attacks on the legal profession and the continued use (and abuse) of provisions of the Criminal Law (Codification and Reform) Act and other legislation by the Zimbabwe Republic Police, other state organs, and the Office of the Attorney General, including provisions relating to "obstruction or defeating the course of justice" and "committing criminal abuse of office"
  • expeditiously amending or repealing legislative provisions which are being used to persecute members of the legal profession and prevent them from executing their professional duties
• Guarantee the independence and security of the legal profession in any new Constitution and corresponding legislation.

NB. The petition was presented/ served to Prime Minister Morgan Tsvangirai, Parliament and the Supreme Court on 10 December 2009 during a march organised by ZLHR to mark International Human Rights Day.

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