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Statement
on the detention of ZCTU leaders
Lawyers
Committee for Human Rights (LCHR)
December 13, 2002
Mr. Patrick
Chinamasa
Minister
of Justice, Legal and Parliamentary Affairs
Mr. July
Moyo
Minister
of Public Service, Labour and Social Welfare
12 Floor
Central Ave
Private
Bag 7707, Causeway
Harare
c/o H.E. Dr.
Simbi V. Mubako
Ambassador
of Zimbabwe to the United States
1608 New
Hampshire Avenue, N.W.
Washington,
D.C. 20009
Fax: 202
483 9326
Dear Sirs,
The Lawyers
Committee for Human Rights is once again deeply troubled by acts
of government persecution and harassment of independent activists
including human rights defenders in Zimbabwe. In particular, we
refer to the arrest and detention of Mr. Wellington Chibebe, Mr.
Tambaoga Nyazika, Mr. Timothy Kondo, Mr. Settlement Chikwinya, Mr.
David Shambare, Ms. Patience Mandozana, Mr. Thomas Nyamanza, Mr.
Gideon Shoko and Mr. Hwinya Matambo, on Monday December 9, 2002.
The nine detained
individuals are trade union representatives and leaders, who were
holding a legitimate union meeting at Adelaide Acres when they were
arrested by the police. They were taken into custody and held at
various police stations until lawyers secured their release on December
11. On that day, a judge rejected a request by state prosecutors
to charge the nine detainees under the Public Order and Security
Act (POSA). The Lawyers Committee notes that Zimbabwe’s High Court
ruled in April of this year that trade union meetings are exempt
from the notification requirements contained in Article 24 of the
POSA and, indeed, that such meetings are not to be considered "public"
within the terms of the Act. [See ZCTU v. OC Police, Harare District
& Anor HH-56-02]
The arrest of
the trade union leaders was entirely without basis and appears to
be another attempt to intimidate Zimbabwe’s independent unions.
The Zimbabwe Congress of Trade Unions (ZCTU), of which Mr. Wellington
Chibebe is the Secretary General, has come under repeated attack
by the government and has been threatened with de-registration by
President Mugabe. Mr. Chibebe has been arrested and detained by
the police on several prior occasions. Earlier this year, ZCTU General
Council member, Mr. Ephraim Tapa, was kidnapped along with his wife,
tortured, and held for over a month by so-called war veterans. This
harassment of the ZCTU and its leaders appears to be in retaliation
for its public condemnation of human rights abuses and rapidly deteriorating
economic conditions in the country. The ZCTU and other civil society
groups have attempted to organize public demonstrations and strikes
in protest against government policies.
The use of the
Public Order and Security Act to prevent or disrupt such demonstrations
constitutes violations of freedom of expression, association and
assembly, protected by Zimbabwe’s Constitution and international
human rights law. Moreover, the prevention of legitimate trade union
activity is contrary to fundamental ILO Conventions on the right
to organize and collective bargaining.
The Lawyers
Committee is also deeply disturbed by reports relating to the unsanitary
conditions in which the detained trade union leaders were held.
Other reports indicate that some of the detainees may have been
physically mistreated and that they were threatened with further
harm should they continue with their union activities. We urge you
to investigate such reports and ensure that anyone responsible for
mistreatment of or threats against the trade unionists is held accountable.
In accordance with Zimbabwe’s international obligations, you must
ensure that independent trade unions are able to perform their important
functions and that union representatives are protected from attack
or retaliation.
The Lawyers
Committee will continue to monitor the situation of human rights
defenders in Zimbabwe closely and would appreciate any information
that you can provide pertaining to our concerns. Thank you for your
attention to this most important matter.
Sincerely,
Neil Hicks,
Director,
Human Rights Defenders Project
Cc:
Mr.
Walter Kansteiner,
Assistant
Secretary of State
Bureau
of African Affairs
U.S. Department
of State
2201 C
Street, NW
Washington,
D.C. 20520-63
Fax: 202
647 6301
H.E.
Ambassador Joseph Sullivan
Embassy
of the United States of America
172 Herbert
Chitepo Ave
Harare,
Zimbabwe
Fax: +263
479 6488
Ms.
Hina Jilani
UN
Special Representative on Human Rights Defenders
c/o Mr.
Ben Majekodunmi
Office
of the High Commissioner for Human Rights
UNOG-OHCHR
CH-1211
Geneva 10
Switzerland
Fax: +41
22 917 9006
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