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Arrest and detention of Zimbabwean trade unionists violates international standards
Lawyers Committee for Human Rights (LCHR)
October 10, 2003

The arrest and detention of trade union activists and supporters in Zimbabwe on October 8, again demonstrates the intolerance of state authorities for any form of criticism or expression of dissent, and violates international standards on freedom of association, expression and assembly. Reports from Zimbabwe indicate that more than 100 trade union leaders and supporters were arrested and detained in Harare, Bulawayo and Mutare, in advance of planned demonstrations organized by the Zimbabwe Congress of Trade Unions (ZCTU). Among those arrested were Lovemore Matombo and Wellington Chibebe, the ZCTU president and secretary-general. The planned demonstrations were intended as a peaceful protest against ongoing violations of human rights in Zimbabwe, as well as tax increases, fuel costs and shortages of basic commodities.

The charges that have been brought against the detained trade unionists remain unclear. Police in Harare indicated that charges under provisions of the notorious Public Order and Security Act (POSA) that ban public demonstrations without police permission would be brought. However, later reports indicated that charges under the Miscellaneous Offences Act had been filed instead. About half of the roughly 40 individuals arrested in Harare were released in the evening of October 9, after paying "admission of guilt" fines for conduct likely to disturb the peace, according to news reports. Pressure to pay such "admission of guilt" fines is often exerted on those detained under POSA and other legislation, as a condition of their release from custody.

The Lawyers Committee for Human Rights is concerned that once again the Zimbabwean authorities are using their broad powers under POSA and other repressive legislation to deny freedom of association, expression and assembly to trade unionists seeking to perform legitimate union activities. In addition, the Lawyers Committee is alarmed by reports that some of those detained in this latest round of arrests were physically mistreated by police and that the fate of around 100 union activists arrested in Mutare remains unclear. The International Confederation of Free Trade Unions, which has lodged a complaint with the ILO about these arrests, has also raised concerns about several union officials being kept in secret locations, and about the targeting of women trade unionists.

Leaders of the ZCTU and other trade union activists in Zimbabwe are routinely harassed by state authorities and have been arrested and had their meetings disrupted by the police on several occasions. All of these actions and the latest round of detentions violate the basic rights to freedom of association, expression and assembly, contained in the Zimbabwean Constitution and in international human rights treaties to which Zimbabwe is party. Moreover, the prevention of legitimate trade union activity is contrary to fundamental ILO Conventions on the right to organize and collective bargaining. At this time of crisis in the country, the efforts of civil society organizations such as trade unions are particularly important. The government should demonstrate its commitment to assisting the Zimbabwean people by co-operating with and supporting civil society groups, rather than seeking to control and attack them.

RECOMMENDED ACTION
Please write to the government of Zimbabwe demanding the release of all trade unionists and the dropping of any charges against them relating to their peaceful union activities. Call for an end to the persecution of trade union activists, non-governmental organizations and all human rights defenders in Zimbabwe. Call upon the government to ensure respect for freedom of expression, assembly and association, as guaranteed in the Zimbabwean Constitution and international human rights treaties to which it is party. Remind the government also of the provisions of the UN Declaration on Human Rights Defenders of 1998 and urge it to ensure that individuals and organizations working to promote human rights in Zimbabwe are able to operate without hindrance or threat of retaliation.

A model letter for transmission to Zimbabwe's Minister of Justice, Legal and Parliamentary Affairs and Minister of Public Service, Labour and Social Welfare is attached below. For those in the U.S., we encourage you to also send copies of your letter to:

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 4 79 6488

Mr. Patrick Chinamasa
Minister of Justice, Legal and Parliamentary Affairs
Mr. July Moyo
Minister of Public Service, Labour and Social Welfare
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,

I am deeply concerned by reports of a fresh round of arrests and detentions of trade union activists and supporters in Zimbabwe on October 8. According to reports received, more than 100 trade union leaders and supporters were arrested and detained in Harare, Bulawayo and Mutare, in advance of planned demonstrations organized by the Zimbabwe Congress of Trade Unions (ZCTU). Among those arrested were Lovemore Matombo and Wellington Chibebe, the ZCTU president and secretary-general. The planned demonstrations were intended as a peaceful protest against ongoing violations of human rights in Zimbabwe, as well as tax increases, fuel costs and shortages of basic commodities.

Once again it appears that the Public Order and Security Act (POSA), and other repressive legislation, is being used to deny freedom of association, expression and assembly to trade unionists seeking to perform legitimate union activities. I am also alarmed by reports that some of those detained in this latest round of arrests were physically mistreated by police and that the fate of around 100 union activists arrested in Mutare remains unclear. I therefore call upon you to ensure that all of the trade union activists arrested on October 8 are released immediately from custody, that any charges brought against them relating to their exercise of legitimate, peaceful union activities are dropped, and that a full investigation is launched into allegations of their mistreatment in custody.

Leaders of the ZCTU and other trade union activists in Zimbabwe are routinely harassed by state authorities and have been arrested and had their meetings disrupted by the police on several occasions. All of these actions and the latest round of detentions violate the basic rights to freedom of association, expression and assembly, contained in the Zimbabwean Constitution and in international human rights treaties to which Zimbabwe is party. Moreover, the prevention of legitimate trade union activity is contrary to fundamental ILO Conventions on the right to organize and collective bargaining. In addition, the provisions of the UN Declaration on Human Rights Defenders of 1998 require the protection of all human rights defenders and the promotion of their work. As human rights defenders, trade union activists working to promote basic rights in Zimbabwe must be able to operate without hindrance or threat of retaliation. At this time of crisis in the country, the efforts of civil society organizations such as trade unions are particularly important. The government should demonstrate its commitment to assisting the Zimbabwean people by co-operating with and supporting civil society groups, rather than seeking to control and attack them.

Sincerely

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