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African Commission grills minister over Zim human rights situation
MISA-Zimbabwe
May 24, 2007

The Minister of Justice, Legal and Parliamentary Affairs Patrick Chinamasa was grilled over Zimbabwe's human rights situation after Zimbabwe presented its long overdue report to the African Commission on Human and Peoples' Rights (ACHPR) during its 41st Ordinary Session in Accra, Ghana.

Minister Chinamasa had a torrid time defending the deteriorating human rights situation when the ACHPR Commissioners fired more than 100 questions at the Zimbabwean official on the steps Harare was taking to open the democratic space and secure an environment conducive to freedom of expression and media freedom and other universally guaranteed rights and freedoms.

The Commissioners quizzed Minister Chinamasa over the repeal or amendment of the Access to Information and Protection of Privacy Act (AIPPA), Public Order and Security Act (POSA) and the Broadcasting Services Act (BSA).

The torrent of questions rained in after the Minister had presented Zimbabwe's State Party Report to the ACHPR on 20 May 2007.

The report, which was eight years overdue, was submitted pursuant to Article 62 of the African Charter on Human and Peoples' Rights which states: "Each State Party shall undertake to submit every two years, from the date the present Charter comes into force, a report on the legislative or other measures taken with a view to giving effect to the rights and freedoms recognized and guaranteed by the present Charter."

On POSA, the Minister told the Commission that certain sections of POSA had been challenged and some nullified by the Supreme Court. This, he said, had resulted in the amendment of the law. Zimbabwean lawyers in attendance at the Commission disputed this saying POSA has never been amended since 2002 when it was promulgated.

Chinamasa denied that the opposition was being denied permission to hold their meetings and rallies under POSA. He stated that the opposition political parties have been holding their meetings countrywide and government would provide a schedule of meetings held by the opposition. He also omitted to advise the Commission about the banning orders in force in Harare.

He dithered on the police brutality which led to the brutal assault of MDC leader Morgan Tsvangirai, opposition leaders and parliamentarians and other human rights defenders including photojournalist Tsvangirai Mukwazhi when police cordoned off Zimbabwe Grounds on 11 March 2007 ahead of a planned Save Zimbabwe Campaign national prayer day and measures being taken to arrest perpetrators of the torture.

He said the Commission Chairperson Salamata Sawadogo and Special Rapporteur on Freedom of Expression Pansy Tlakula had since written President Robert Mugabe on the issue of the violations and that Zimbabwe would respond in writing in due course.

The Commission was further advised that the government was consulting with the Civic Society Organisations on the establishment of a national human rights commission. Chinamasa however claimed that the process had been derailed after United States Ambassador to Zimbabwe Christopher Dell allegedly threatened representatives of Zimbabwe Human Rights NGO Forum, Zimbabwe Election Support Network, Crisis in Zimbabwe, and Zimbabwe Lawyers for Human Rights and the National Constitutional Assembly with withdrawal of funding if they participated in the process. Representatives of NGOs attending the Session said no such meeting with Ambassador Dell ever took place and dismissed this as cheap politicking by the Minister.

Asked about steps being taken to arrest those who bombed The Daily News Printing Press, the Minister responded: "The bombing of The Daily News printing press was an unfortunate incident indeed. We have asked for leads which can assist us arrest the perpetrators. So far no one has provided us any leads."

Chinamasa was also taken to task over his statement in 2001 when he said Judges should be politically correct. He blatantly refused that he had uttered these words.

He was asked on the circumstances leading to the arrest of Retired High Court judge Justice Fergus Blackie as well as the removal of former Chief Justice Anthony Gubbay from the Supreme Court. On Blackie, Chinamasa was at pains to explain that Blackie had heard an appeal case with Justice Rita Makarau, now Judge President but allegedly proceeded to deliver a judgment in that case behind Justice Makarau's back. Chinamasa however, omitted to advise the Commission that Blackie was later acquitted of the charges.

On Gubbay's resignation, Chinamasa explained that Gubbay felt that he wanted to take an early retirement but that later after being persuaded by the Law Society to rescind his resignation, he then launched a comeback bid which was refused. According to participants at the Session, Gubbay was actually visited by Chinamasa who directed him to resign.

The Minister justified Operation Murambatsvina and submitted that over four thousand 4 000 complete houses and over three thousand (3 000) incomplete houses have been handed over to beneficiaries under phase 1 of operation Garikayi.

The Commission will now discuss the Zimbabwe State Party Report in a private session. They will come up with concluding observations which they will forward to the African Union Heads of States Summit for adoption before being forwarded to Zimbabwe as recommendations for implementation.

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