Friday, August 7, 2009
Zimbabwe national peace days bluff
Black peace days protest
Urgent press release - National Peace days action – 24 July 2008
A tribute to the victims of political violence
Saturday, July 18, 2009
ROHR Zimbabwe on the disrupted "All stakeholders conference"
ROHR Zimbabwe is a huge supporter of people driven and democratic processes and therefore stands opposed to the current process led by the parliament. Article 6 of the Global Political Agreement (GPA) which gave birth to the parliamentary steered constitutional process makes a mockery of the constitutional reform process in Zimbabwe as it relegates civil society to an observer role with little influence while awarding the primary political parties ample room and opportunity to manipulate the document for political gain. It preclude other political players from participating and reduces civil society to mere spectators with an insignificant muscle to manoeuvre meaningfully.
ROHR Zimbabwe firmly believes that any reform of the Zimbabwe constitution should be people driven and not parliamentary driven. The secretive nature of political negotiations gave birth to the controversial draft doctored at the resort town of Kariba in September 2007 , and the GPA in September 2008, both of which are political deals kept away from public scrutiny and participation to the detriment of popular input. There is little doubt that the insertion of Kariba draft in the parliament led process as referenced in article 6 of the GPA is a well orchestrated campaign by the primary negotiators to protect their political interests. If the draft is to be used as the basis for constitution-making in the country, Zimbabweans will be denied their right to write a constitution for themselves. The draft is seriously flawed. It sneaks in weak aspects of the current constitution and that of the rejected constitutional commission draft that was reject by the people in 2000, thereby producing an unacceptable government with unchecked executive powers, a weak parliament, and inadequate protections for fundamental rights and freedoms.
Therefore Restoration of Human rights Zimbabwe reiterates its position that we will not participate in the process in its current form because we believe it is not people driven and runs the risk of political manipulation. By stating the following ROHR Zimbabwe is only reiterating the position we took in 2008 and the views expressed in the People’s Charter that the people should be allowed to write their own constitution in a free, transparent and participatory way and this can be achieved through creating an independent inclusive All Stakeholders Commission to run the process.
Furthermore our non-participation approach stems from prior knowledge of President Mugabe and his colleagues in ZANU PF who pride on a culture and history of violence and politics of coercion in the agency of youth militia, ex-combatants and the passive or active cooperation of national institutions such as police, army and Central Intelligence Organization. Despite his verbal commitment to power sharing in a coalition Government with MDC, Mugabe is yet to demonstrate policy and attitude shift from this culture and the recent disruption of the constitutional conference only strengthens this fact. What we observe is Mugabe’s continued intransigence as shown by his keenness to ignore all stakeholder rejection of the Kariba Draft which we all agree fails to protect anything else except enormous and sweeping powers for the President while underplaying the importance of checks and balances derived from judicial independence and strength of parliament.
As a progressive movement, we will not stop anyone who wants to participate or observe the proceeding of the constitutional process led by the Parliamentary Select Committee. Our position will however remain as that enunciated before that ROHR Zimbabwe will not participate in a process we do not believe will produce the result necessary to solve current constitutional and human rights challenges that catalysed Zimbabwe into a gigantic human rights furnace, exposing her citizenry to the worst economic and social dragons unprecedented in the history of the nation.
Justice for all of us, the will of the people shall prevail
Six families face eviction from their home for supporting MDC
Fanuel Musona, Gift Lemon, Lyson Reason, Gift Mhembere and Lazarus Malunga and their families are beneficiaries of the controversial land reform after the Mugabe led government allocated them plots at Foothills farm. They received the above mentioned plots in 2000, and had for the past 9 years, built homes and families with the hope that their newly found fortune would last them and their offsprings. The above mentioned people, among other fellow victims countrywide, have become victims of political fanning by ZANU PF zealots in living in the same farm.
Jacob Chiripanyanga is accusing the four of betraying their loyalty to ZANU PF by their alleged support of MDC. This accusation has resulted in the complainants being issued eviction letters. Information from ROHR secretary for information and publicity in the area explained how the four were brought before Chief Negomo of Chiweshe village who ordered that they be thoroughly beaten before trial. The chief initially demanded US $50 before reducing it to US$40 from the victims as trial charge.
The case was first heard on 3 July 2009 before Chief Negomo allegedly in the presence of police officers from Dundril police post who showed reluctance to interfere in the process. Mr. Musona and company are still to pay the required US$40 and are residing at their plots awaiting the conclusion of their case. The five are still to appear before Chief Negomo for further trial on a date to be announced.
MDC Foothills chairman Collen Langton who confirmed the eviction claim said that the case was before Chief Negomo. “Though they are still residing at the farm the fate of whether they will be evicted or not in is in the hands of the village court which I want to believe is illegimate since Negomo imposed himself on the throne after he was allocated a piece of land during the land reform programme in 2000 just like anybody here on the farm”, said Langton.
Chief Negomo is accused of imposing himself on the people of Foothills after he was allocated a piece of land at the farm. The chief and Chiripanyanga are being accused by the villagers of running a scam where they are forcing farm residents to the village court for trial where they milk hard earned cash from the poor villagers breasts in broad daylight in the name of tradition.
In another eviction case ROHR Zimbabwe reported in May 2009, six families at Gatumba farm in Bindura were evicted by four Zanu PF activists Tumai Phiri, Kennedy Makomo, Edward Uriri and Mr. Chari simply for having electricity and decent shelter at the farm whilst the latter resided in mud houses.
Harare provincial coordinating committee maiden meeting
The Harare provincial committee elected into office on the 20th of June 2009 promised to work hard and united for the organization’s success. They tasked every member to show high level of commitment for the programs to be successful. The committee proposed a number of events they would conduct with the first being setting up of grassroots committees in all the 29 constituencies of Harare.
Some of the activities they proposed are leadership development and capacity building workshops for members in Harare province. Speaking after the workshop the Harare field officer Vimbai Mbisva said that the members showed a high level of commitment by turning up for the meeting and the general consensus that they will all take part in the activities of the province is a clear sign of commitment. What they are asking for are resources to make sure that their goal is achieved. “All the members were in high spirit and eager to make Harare the leading province in terms of activities”, said the Field officer.
They then requested that the organization make provisions for information material which will be distributed during the structuring exercise. They requested T-shirts especially for the committee so that when they go out to constituencies and districts they can be identified with the organization. Other materials such as fliers, newsletters and brochures are also among a list of materials they would want for their programs. They tasked the organization to keep their spirit up by ensuring that their demands are met for them to achieve the goal they have set for themselves.
From the information Department of Restoration of Human Rights (ROHR) Zimbabwe
Contact Thomas Madhuku (Information Officer (Intern) for further details
ROHR comes of age
ROHR Zimbabwe has positioned itself as a human rights organization that places special emphasis on grassroots based activism, radicalism, creative mobilization and outreach methodology. The organization focuses on a broad spectrum of rights- civil, social, economic and political. The organization derives its uniqueness from its radical approach and strength from a physical presence in every province, leadership in the overseas – that assist in resource mobilization, grassroots oriented programs as well as inherent activism and promptness of action
Although ROHR Zimbabwe started operations a mere two years ago, it has made considerable strides within its short life span in challenging and speaking out against human rights violations. In 2007 and 2008, ROHR Zimbabwe appointed focal persons in each province, who have been acting as catalysts and link persons in identifying and taking action against violations. An office has since been established in Harare. Some provinces such as Masvingo, Midlands and Bulawayo have already put in place frameworks to document cases of human rights violations. Already, ROHR Zimbabwe has registered a strong presence in national and international independent media, as several of its press statements have been covered in these different media. In order to register discontent on the human rights situation in the country, ROHR Zimbabwe staged several demonstrations in various parts of the country. There was however spirited efforts by the government to thwart these demonstrations.
ROHR Zimbabwe is a non party – political, grassroots and membership based organization passionate and committed to bringing about positive change in Zimbabwe through advocating for a Zimbabwe where rights and freedoms of every human being are respected and promoted. The organization is inspired by the founding mission of returning Zimbabwe to normalcy and higher standards of respect for human rights after years of violations of unimaginable proportions with the aim of achieving justice and peace in Zimbabwe. The organization was formed by a coalition of Zimbabwean in exile abroad and others who fell victim to the human rights violations that rocked Zimbabwe since Independence in 1980, whose forms and magnitudes became horrendous during election times, particularly after the emergence of the Movement for Democratic Change (MDC). The founding members believe in the conceivability and practicality of the realization of human rights.
ROHR Zimbabwe activities
The centrality of ROHR Zimbabwe programming is hinged upon the three basic mandates stemming from its mission statement. Our mission is to promote a culture of human rights in Zimbabwe through community mobilization, capacity building and active responses to human rights challenges.
COMMUNITY MOBILISATION
The strategic objective for this theme is to mobilize, empower and inspire people in Zimbabwe to defend and claim their rights. Noting that Zimbabwe is currently reeling from the effects of gross violation of human rights, polarized environment, de-mobilized communities, discrimination and docility at community level, ROHR Zimbabwe would like to ensure that individuals, acting collectively, gain greater influence and control over their lives. The objective is to ensure that efforts are directed to re-mobilizing communities, giving them cutting edge information and knowledge that enable them to individually and collectively promote and protect their rights.
As ROHR Zimbabwe we believe that empowered citizens, who are networked and speaking with one voice, have the potential to serve as powerful change agents who have an impact on policy making and the enforcement of existing policies. Community empowerment would facilitate paradigm shift by communities from passive community life to intensive action oriented responses to human rights challenges.
In pursuit of this goal and consistent with our unique values of bravery, action, responsiveness and assertiveness, ROHR Zimbabwe mobilized communities from day one in protests against human rights. In 2007 demonstrations were held to put pressure on the ZANU PF regime to stop human rights abuses in its quest to maintain a stranglehold grip on power and create a one-party state.
In 2008, ROHR Zimbabwe was in the headlines on its principled stance that people needed to be accorded a chance to choose a Government of their choice through a free and fair ballot held in peaceful environment and monitored and observed by international bodies. More than 8 demonstrations were held countrywide in Harare, Matebeleland, Masvingo, Manicaland, Midlands and Mashonaland central. Even though some of the protest marches were met with the full force of police brutality and violently cracked down, the strong desire to seek real change that subsisted in the people of Zimbabwe never died, and still exists in them now that an inclusive government is in place.
CAPACITY BUILDING
From left to right: ROHR Zimbabwe workshop in Harare 26 June 2009; ROHR workshop in Gweru 15 May 2009
ROHR Zimbabwe is conscious of the good intentions the political parties in Zimbabwe had that led to the formation of the inclusive government although we are still worried that no tangible steps have been taken to address human rights violations as human rights defenders and political activists are constantly being harassed, detained and tortured.
Due to the harsh environment that characterized the development landscape over the past few years, particularly attacks on human rights defenders, most activists have fled the country; have been disabled, killed, maimed, demobilized, and cowed into submission. In addition, structures and networks of activists have been infiltrated and weakened by the ruling ZANU PF, hence there is weak positive activism due to fear, targeted harassment and all manner of violations.
Leadership development and capacity building workshops
So far this year, ROHR Zimbabwe carried out five workshops in Harare, Mutare, Bindura, Gweru and Bulawayo, in order to strengthen the provincial structures and to inspire, empower and motivate local activists to champion the cause of promoting and defending human rights in their communities.
The main motivation behind these workshops is to develop a pool of radical activists, able to champion human rights issues and to keep the state parties in check. These activists should be resident at grassroots level to not only monitor the violations but also mobilize communities to timely act on issues that threaten the enjoyment of rights and fundamental freedoms.
Under capacity building, other specific interventions by ROHR Zimbabwe include developing a human rights activists’ handbook, intensive training on human rights promotion and defense strategies and organizing activists at local level for more effective responses.
ACTIVE RESPONSES TO HUMAN RIGHTS CHALLENGES
ROHR Zimbabwe’s founding mandate is to actively engage citizens in timely and quick interventions that seek to mitigate on specific human rights degenerations in the country. This thematic area is not totally divorced from the objectives under community mobilization whose overall objective is to hold Government and its institutions accountable and responsive to peoples’ needs.
Mindful of the suffering of the people of Zimbabwe in 2008 caused by the quasi-fiscal activities of the central bank Governor, ROHR Zimbabwe sponsored a lawsuit against Gideon Gono in September 2008.
ROHR Zimbabwe shamed perpetrators of rights violations through naming and shaming such as in the case of Selina Mumbengegwi, the former finance Minister’s wife Samuel Mumbengegwi when she was implicated in the brutal murder of her farm worker and brutal assault of MDC supporters in her farm.
The naming and shaming strategy was planted into the seeds of the communities so much so that ownership of the action in the communities worked to deter a comfortable habitation for peddlers of violence in the 2008 inter-elections violence. In Masvingo, some political criminals fled their houses to other countries after they were named and shamed using the local communication channels aimed at disgracing such appalling behavior from fellow Zimbabweans.
Acknowledgements
ROHR Zimbabwe wishes to acknowledge the following for their immeasurable contributions towards the activities and programmes carried out since 2007. It would be unfair if their contributions are not awarded the due respect they deserve:
• ROHR Zimbabwe leadership in the United Kingdom and Zimbabwe, especially the president Mr. Ephraim Tapa for his dedication towards the Zimbabwean plight. Mr. Tapa has been at the centre of mobilizing resources and funds for programmes and activities back in Zimbabwe.
• The United Kingdom structures for supporting ROHR Zimbabwe activities in Zimbabwe.
• Zimbabwe Vigil and the coordinator Rose Benton for their unwavering support and a strong partnership with ROHR Zimbabwe.
• ROHR Zimbabwe secretariat and members, the struggle could not have been easy had it not been the support they rendered to the organization.
Way forward
ROHR Zimbabwe guided by the vision to see a society conscious of human rights, is still committed and will continue to fight for the full realization of rights in Zimbabwe. The coming of inclusive government gave an impression that reforms were underway but the situation has not changed much; rights violations are still going on. The human rights environment remains volatile and this demands that we continue to engage and put pressure on the government to ensure reforms that prioritise respect of human rights are put in place. We also intend to intensify civic education and community engagement to nurture a society that is human rights conscious, particular attention given to rural communities. A campaign for the incorporation of human rights curriculum in schools to educate the school children on human rights issues is also on the cards as we feel human rights violations were mainly due to a lack of proper knowledge on the subject of human rights (catch them young).
ROHR Zimbabwe is also keen to establish and reach out to people of Zimbabwe in their communities and set up structures from provincial to ward level, this has the potential of influencing policy reforms from bottom up the ladder to top and to facilitate the coordination of human rights activities or programs at grassroots level.
From the information Department of Restoration of Human Rights (ROHR) Zimbabwe
www.rohrzimbabwe.org
Press Statement from ROHR ZIMBABWE – 24th June 2009
Why did the people boo the Prime Minister? Watching the online video clips, it is clear to see that the PM is loudly applauded at one point followed by a somewhat subdued reaction as he continues his speech, finally to be greeted by a spontaneous, deafening chorus of ‘Chinja!, Chinja! Mugabe must go!’ Truly this was not the work of Mr Ephraim Tapa or ROHR Zimbabwe and neither was it the work of its sister organisation, the Zimbabwe Vigil. To suggest so is to pour contempt on the conscience of the people of Zimbabwe whom we so respect. To launch this campaign on so little evidence mean that elements in the Zimbabwean UK Diaspora must feel very threatened by us as our message continues to reasonate with not only those in the Diaspora but also the wider constituency within Zimbabwe. The issue is that Zimbabwe is still not safe to return for those who fled persecution and are in need of international protection. ROHR Zimbabwe and the Zimbabwe Vigil does not apologise to anyone for our principled stance that ‘Mugabe Must Go’, our demand for democracy and justice, respect for the rule of law and the Restoration of Human Rights. It is interesting that groups like the Vigil and ROHR who are kept busy by real activism don’t have the time or inclination to decampaign other groups.
ROHR and its President have been accused of many other crimes in a campaign that dates back to 2007, when the MDC-UK & I Executive, then led by Ephraim Tapa, was dissolved unconstitutionally. At NO time was Mr Tapa ever EXPELLED from the MDC Chairmanship and for the record, he actually declined to stand the second time he was requested to do so. Then, the call was for the Party to uphold its founding principles – constitutional democracy, transparency, accountability and justice for all. The ROHR President continues to cherish those values and, unlike some who have started glorifying Mr Mugabe with the advent of the inclusive government, continues to fight for GENUINE CHANGE. Whilst engaged in this struggle for human rights and notwithstanding his right to do so, Mr Ephraim Tapa does not for now have plans to seek any political office within any political party. And contrary to misleading theories being peddled by those who seek to detract from him, Mr Tapa harbours no rancour or vendetta against anyone within the MDC family.
The call NOW is for the inclusive government to address human rights concerns, uphold the rule of law and mete out justice to all those who perpetrated human rights abuses, including Robert Mugabe and his cronies. In its quest for these ideals, ROHR Zimbabwe has managed to create in three years a respectable national and international profile. Mindful of the suffering of Zimbabweans, ROHR Zimbabwe filed a lawsuit against Gono to remove cash withdrawal limits, mounted successful demonstrations in demand for justice and democracy, buried and cared for victims of the 2008 Mugabe terror campaign, provided basic necessities to vulnerable groups such as orphanages, the displaced, and disadvantaged school children, to name a few. We have registered a prominent presence in defence of human rights as we continue to operate legally in Zimbabwe, South Africa and the United Kingdom. It seems ROHR Zimbabwe has become the victim of its success.
ROHR Zimbabwe runs offices in Zimbabwe, employs staff, runs programmes and assists on humanitarian causes, and like any other organisation, it needs money to do this. As a membership based organisation, ROHR Zimbabwe depends mainly on the support of its membership. Monthly subscriptions are decided and managed as per its constitution and members reserve the right to vary this and determine the direction of the organisation. As an international organisation, ROHR Zimbabwe operates within the legal framework of host countries. Membership is open to the willing and those who join do so of their free will.
ROHR Zimbabwe is not a refugee or asylum organisation – it does not have the power to regularise anyone’s stay in any given country. We believe that those in need of international protection can only base their claims on their personal / activist profiles. The 1951 Geneva Convention provides that individuals can be recognised as refugees if they establish a “well-founded fear of prosecution on grounds of race, nationality, religious, ethnical, political opinion or membership of a social group who are outside the country of their nationality and are unable or, owing to that fear, unwilling to avail themselves of the protection of that country”. We are however aware that ROHR Zimbabwe members, their staff, supporters and activists have been persecuted under the Mugabe regime and still continue to face persecution, along with other human rights defenders, under the inclusive government. Therefore, whilst membership of ROHR Zimbabwe or participation at the Zimbabwe Vigil may be helpful, it is important that those who join us do so for what we do: defending and restoring human rights in Zimbabwe and not otherwise.
ROHR Zimbabwe will continue to stand by the people of Zimbabwe whatever it takes and will not allow itself to be distracted by hate-filled individuals hiding behind the facade of gutter journalism. ROHR Zimbabwe will never be silenced, especially not by merchants of hatred, jealousy and disunity.
For SW Radio Africa’s broadcasts featuring the Vigil and ROHR’s position on what happened at the meeting at Southwark Cathedral on Saturday, 20th June, please check SW Radio’s Archives: Newsreel on Monday, 22nd June and Diaspora Diaries on Tuesday, 23rd June – www.swradioafrica.com. (http://www.swradioafrica.com/news220609/zimuk220609.htm)
Zimbabwe Poets For Human Right at the Day of the African Child
Memeza is a Ndebele word for ‘’speak out, shout ,scream’’. The festival which was held under the theme, “Africa fit for children” rolled into life around 10 00hrs through a live performance by a Mbare dance group Pachedu school of Arts. The audience were treated to an invigorating performance by Zimbabwe’s best young artist among others John Pfumojena, Alexio Kawara, Hope Kakuwe, Itai Madzikure (madiz) and poets from Zimbabwe poets for Human Rights. Also in attendance were school children from various schools.
Speaking to journalist at the festival Mike Mabwe the coordinator of Zimbabwe Poets for Human rights said he was inspired to honor the Day of the African Child because it symbolizes what the Zimbabwean child is facing today. The youths and children are the hardest hit in the 29 year rule of Robert Mugabe which is characterized by a history of abuse of state resources, corruption, misrule rampant human rights abuses and betrayal of freedom. Zimbabwe once had the best education system in Africa when Robert Mugabe took over power from Ian Smith in 1980, but the last 29 years has been a reversal not only of the sound education system but also the gains of the liberation struggle.
The majority of youths find themselves with nothing to do with unemployment estimated at 95%. Thanks to the state’s lake of diligent priorities the University of Zimbabwe where most of those in government were educated remains closed because of lack of water and dilapidated infrastructure.
Commenting on the role of the media, Tabani Moyo the advocacy officer of MISA Zimbabwe encouraged the inclusive government to move swiftly to address the deliberate moves of maintaining ZBC’s monopoly over the air waves. “On this fateful day 33 years ago, the African Child sow a seed of courage by clearly expressing that he/she could no-longer stomach the unjust society they were living in, but it did not end there, their struggle shapes our country’s struggles today as we seek to challenge the suffocation of the media space on a day to day basis.
There are some political parties which continue to behave as if they are the ZBC shareholders. You the people of Zimbabwe are the genuine shareholders and you should be accorded the right to direct ZBC’s operations… By the same token, it is the right of every community to establish community radios but since 2001 when the Broadcasting Services Act (BSA) was promulgated no single license has been issued to the communities.’’
By Ronald Mureverwi
ROHR leadership development workshop in Harare
Presenters were drawn from local civil society leaders and ROHR membership. ZINASU spokesperson Blessing Vava who presented on state of the media in Zimbabwe asserted that the role of the media in a democracy is to empower people with information. Vava spoke of the polarization that still characterizes the media in Zimbabwe despite the coming in of the inclusive government. Speaking on behalf of ZINASU, Vava called for repeal of Access to Information and Protection of Privacy Act (AIPPA) and Public Order and Security Act (POSA) to allow reforms that promote freedom of expression and diversity to be put in place.
NATIONAL HEALING
On national healing and reconciliation Mr. Claris Madhuku chairman of Platform for Youth Development Trust (PYD) said that the government is disregarding democratic principles by taking leading role in processes that should be directly people driven.
Madhuku further highlighted that it was suicidal to follow the government’s formula on national healing and reconciliation.
General consensus in the workshop was that the current process will not yield meaningful results arguing that violence was still widespread in rural and urban areas.
Participants at the workshop unanimously conformed to the fact the government has no mandate to lead national healing and reconciliation advocating for an independent commission to spearhead the process. It was clearly pointed out that Zanu PF was still in control of government processes and activities despite two MDC formations having joined the government.
Edgar Chikuvire, ROHR Zimbabwe information and communication director submitted that the agenda of national healing could be equated to misdirection, a concept used by Magicians that diverts peoples’ attention to what the performer wants it to be, while doing something underhand that will escape public scrutiny. The overall effect is that people will suddenly face a new reality which they never saw coming.
(L) Harare provincial committee (R) Workshop delegates at ZLHR boardroom.
CONSTITUTION
People said that the current constitutional making process was heavily flawed and encouraged the government to ensure that the process is democratic and people driven.
The common feeling was that a flawed process can only produce a flawed outcome. Few among the delegates felt that civil society organizations would have lost an opportunity saying that their participation had a greater influence on the outcome.
ROHR secretary General Tichanzii Gandanga spoke about ROHR’s position in relation to the current constitutional making process which he said fell short of democratic standards. Gandanga said from the day it was founded ROHR has been advocating for a democratic and people driven constitutional making process.
What the people said:
• That the current constitutional making process is flawed and will produce flawed results.
• That politicians distance themselves from the national healing process since most of them were involved in human rights abuses.
• That media reforms be put in place to promote freedom of expression and diversity of views.
• That civil society organizations reach out to communities with educational campaign to empower people with information for them make informed decisions and contributions.
Report of the ROHR Zimbabwe workshop in Mutare – 10 June 2009
This year, ROHR Zimbabwe has since done 4 workshops in Mashonaland central, Matebeleland, and Midlands and Manicaland. The workshop are an opportunity for the organizations to strengthen its structures of human rights leaders within the communities who should influence local initiatives for the effective advocacy and defense for people’s rights and freedoms.
The platforms are also, and more importantly, used as an opportunity for the organization to consult on the people on current national issues and also to capture their opinions and views.
What the people said:
The constitution is a social contract between the leaders and the led. The led tell the leaders that we do not all desire to rule can you do it on our behalf but do it well. Therefore the constitution is an opportunity for the led to decide exactly how the leaders should lead the people.
The process of making the Zimbabwe constitution will also determine the quality and content of the constitution. The content of the new constitution should reflect the aspirations of the people and more importantly rescue Zimbabwe from the paradigm that brought it down to its knees in the past decade.
On Promotion of Equality, National healing, Cohesion and Unity (GPA article VII)
However, some participants were vowing to revenge what happened to them none the less.
The MDC was warned not to rush to the media and the communities with forgive and forget message because the people still do not trust ZANU PF. they see ZANU PF turning back and reactivating its crack down on the people. Will MDC be able to face the same people telling them that they lied?
This is not the right time to call for national healing and reconciliation because the violence is still happening within communities.
People feel that Article VII of the GPA conveniently avoided the use of the word Justice. There should be justice and if possible compensation before the Government starts talking about National unity.
Women in the conference pointed out that there is not money that will be able to compensate the damage (psychological and physical) done to rape victims.
Delegates at the workshop spoke hard against the government led national healing and reconciliation process which they said was a clear sign of lack of proper commitment to heal the nation and move forward. It was clearly spelt out that the nation is not ripe for national healing; many spoke against the government’s involvement in the process saying that this could negatively affect people’s participation. Participants said that a credible process can only be led by independent persons free of government’s interference like the South African Truth and Reconciliation Commission that was led by Archbishop Desmond Tutu.
The workshop attendants reiterated the need for peace alleging that violence was still widespread in rural areas. Recent cases of political violence were reported where purported MDC supporters had their houses burnt down in Chipinge and Nyanga in May 2009.
Special feature: 'Is this the right time?'
6 April 2009
Dear Friend
Today we decided to bring you something different from our usual email briefs.
Firstly we built our newsfeed today upon the foundation by laid ROHR Zimbabwe’s countrywide leadership development workshops and consultations being done currently. Secondly we invite your feedback on thoughts relayed in the transcript below.
On 15 May 2009, ROHR Zimbabwe carried a workshop in Gweru which was attended by our members and representatives of other organizations from Midlands. On the deliberations made, people gave their opinions on the burning topics of today such as the constitutional process, national healing and reconciliation, truth and justice and reparations, and the general human rights situation prevailing under the inclusive government.
One contribution by a Gweru City father, Mr Willie Muringani was of particular interest to us because his speech touched on the issue of truth, justice and compensation which is central to us and also to a majority of victims of last year’s inter - elections violence in a way that is different from the mainstream arguments we have heard today. Therefore we decided to share the short speech with you today.
Please write to us and tell us what you think about Mr Muringani’s thoughts on info@rohrzim.org, or rohrinfo@gmail.com.
We are discussing and referring all our point far back there, we are talking about history, isn’t it? We are talking about Gukurahundi? We also talked about what happened in Midlands? Murambatsvina? And perhaps we talked of something that is there about what happened in June? Isn’t it.
Zvinhu zvakaoma (Things are tough) Is this the correct time to talk ladies and gentlemen, to talk about national reconciliation, truth and justice and compensation? Now! is it correct? Do we trust the government? Do we trust the police? - We don’t trust these people isn’t it?
I think earlier on somebody said we got a window and we should prioritise the things that we have at stake. we need to use the window that we have, to correct the situation which is there. How do we correct the situation?
If we manage to write the constitution of this country and also make sure that the people who are going to use that constitution do not break it, are honest people then we go ahead ,then we can look at national healing, then we look at reconciliation. How can you look at reconciliation now when people are being brutalised at farms? now! Unozviita sei izvozvo? ( how do you do that?). People have just been arrested recently?
Handiti Muchadehama asungwa, (Rights lawyer Muchadehama has been arrested), Jestina and others are being recalled to Chikurubi prison isn’t it? So you can actually see what is happening, we are right on the road. The inclusive government cannot do it? they cannot do it! They are having at the moment sticky cases that they cannot come out of.
I’m appealing to ROHR that meetings of this nature should be taken out in the rural areas, where there are a lot of people there who need to be opened up. Isu muno (us here) in the urban areas sometimes we read papers isn’t it? We open u a little bit isn’t it?
Like the other gentleman who indicated that panopuhwa chibage zvonzi chibage chakanzi chinozouya kuna nhingi (when maize is being given it is distributed selectively to predetermined people), you know you can’t tackle that one. If we are able to open up, what is in the rural areas and tell those people and try to educate, those people need education.
I think you people you are well aware last time before the 29 March elections, a lot of things changed. maconstituencies akachinja (constituencies were changed) because there was a point that more people were in the rural areas, manga musingazvioni here? (Were you not aware of that?), most of the people in the rural areas were being targeted so that they could put the same people in power and continue to frustrate and stamp on the people.
No, no I think nguva yekuti tiregererane aisati yasvika (The time for us to forgive each other hasn’t come yet) [audience applause] because we know who killed who killed who [applause] Ndinoziva nhasi akaponda nhingi akaponda munin’ina wangu ndinomuziva, (I know today the person(s) who murdered my young brother) at the moment and nothing has been done ,hapana chakaitwa (Nothing has been done).
So, you can’t talk about that one, we need to foster through timboona kuti constitution ingaitwa here. (wait and see If the constitution can be done)
------- end ---------
Civic education a priority to allow meaningful national healing and constitutional reform processes
Speaker after speaker appealed to civic organizations to intensify civic education especially in rural areas where infrastructural development is lagging behind as compared to urban ar-eas. Rural people especially youths and women have been subjected to manipulation by poli-ticians for personal aggrandizement. Such mentality is what the workshop participants said were the major reason derailing development in the country. Youths and women who are supposed to be involved in development projects are seen as mere agents of political power.
Information disseminated in the media do not reach these people, there is little infrastructure to allow free flow of information. There is no internet connection, no electricity and some ar-eas have no radio or television transmission. These people deserve just like any other Zim-babwean the right to know and participate in the governance of their country.
Most of the organizations are centered in urban areas where people can easily access inter-net and newspapers. But the rural folks are prone to manipulation by politicians who want to satisfy their own personal enrichment at their expense.
As ROHR Zimbabwe we appeal to the government to ensure that national healing and con-stitutional reform process is adequately marketed to the rural population for them to make meaningful contributions.
Saturday, May 30, 2009
Six inmates die at Mutimurefu Agric prison
About six prisoners died this week alone at Mutimurefu agric prison in Masvingo. Four of the six inmates were found dead in the cells, one died at the hospital and the sixth died soon after arriving back from hospital where she had been discharged. Prisoners continue to die at Mutimurefu prison with the reports that last year seven inmates died of hunger related diseases.
Pellagra continues to claim lives of inmates in the country. Pellagra is a vitamin deficiency disease caused by lack of niacin (vitamin B3). Other reports allege that six people were found dead in their cells at Chikurubi Maximum security prison on the 15th of May this year.
The gravity of situation in the Zimbabwe prisons was exposed in a South African Broadcasting Corporation (SABC) documentary aired in March. The Government of Zimbabwe dismissed the video as a fraud arguing that the documentary was shot in some African states which is not Zimbabwe. The government then conceded that the country’s prison system had collapsed and appealed for international donors to provide food for the inmates.
It is alleged that 970 prisoners had died due to malnutrition in 2009 only. The figure is “three times higher the number of deaths recorded during the same period last year” said Jessie Majome the Deputy Minister of Justice and Legal affairs who was quoted in this weeks edition of financial Gazette.
ROHR Zimbabwe president Ephraim Tapa said in an address at Zimbabwe independence celebrations in the United Kingdom that the experience in the prisons can be likened to the Jewish holocaust under Nazi regime.
The prison conditions in the country are epitomic of the general rot and decline of standards of living in the country. The Government is grappling to provide for its own citizens outside the prisons as reports of children dying of starvation countrywide are being received by our field officers. In its first 100 days, the Inclusive Government of Zimbabwe (IGoZ) has little to show for the nation as progress. In fact the humanitarian and human rights situation continues to deteriorate.
Friday, May 15, 2009
Prominent human rights lawyer arrested
While the nation thought the release of Gandhi Mudzingwa, Kisimusi Dhlamini and Andrison Manyere on bail yesterday 13 May 2009 was a step in the right course, we shocked at news of human rights lawyer Alec Muchadehama’s arrest today 14 May 2009 at the Rotten Row Magistrate court. Muchadehama is being charged with obstructing the course of justice by allegedly conniving with judge smith to sign bail papers for political prisoners.
Muchadehama is a prominent human rights lawyer, who has worked with various human rights groups in Zimbabwe including ROHR Zimbabwe.
Gandhi Mudzingwa, Kisimusi Dhlamini and Andrison Manyere were released yesterday $1000 bail each. We celebrate their freedom although the bail conditions are a mockery to the whole judicial system which is apparently being used by ZANU PF to victims champions of human rights and people’s freedoms.
These latest developments are a disturbing. The move by the state is symptomatic of obvious deficits in political will within the Government to restore the rule of law and expand civil and political liberties as agreed in the Global Political Agreement.
Constitutional provisions that guarantee lawyers’ right to represent anyone without fear of prosecution or harassment should be respected at all times if the legal system is to be effectively reformed.
ROHR secretary General Tichanzii Gandanga says he condemns the arrests as this serves to show the insincerity of Zanu PF. Gandanga says the arrest means that the MDC has so far failed to influence change on issues of human rights in Zimbabwe. The reality of Zanu PF is what we see; the reality of Zanu PF is what it has done to Roy Bennett, Jestinah Mukoko, Gandhi Mudzingwa and all victims of political harassment and violence.
For more information, contact
Thomas Madhuku
Information and Communications Intern
Editors of Zimbabwe Independent newspaper arrested
As the State moves swiftly to protect its agents of human rights crimes
Today we saw conflicting headlines in the herald. The Information, Communication and technology Minister Nelson Chamisa applauded the just ended stakeholder media conference held in Kariba under the theme ‘Towards an Open, Tolerant and Responsible Media environment ‘. He’s quoted as saying that “this is a break from the past, a troubled mind does not breed a perfect mind. There is an appetite to address media issues.” He hailed Media, information and Publicity Minister Webster Shamu for ‘demonstrating determination to create a vibrant media in the country’
The same page carried a headline ‘Zim Ind journalists arrested’, a story that details yesterday's arrest of Zimbabwe independent editor Vincent Kahiya and the paper’s news editor Constantine Chimakure for publishing a special feature implicating various security personnel in the abductions, detentions and torture of MDC and human rights activists.
We received an alert today of the release of the two journalists on $200 bail. They were remanded out of custody until the end of this month (28 March).
They will appear before courts on charges under criminal Law (Codification and reform) Act, in which the state’s case would be that their story in last Friday’s edition was published with intention of undermining public in law enforcement agents.
The irony however lies in the fact that the law enforcement agents themselves have lost credibility stemming from their inability to maintain law and order during the post March 29 elections violence, their apparent involvement in partisan politics and the violation of people’s rights and freedoms.
In any working democracy, the people who should be arrested and investigated are the named officers (Assistant Director External of the CIO Retired general Brigadier Asher Walter Tapfumanei, police superintendents Reggis Chitekwe, Joel Tendere, detective inspectors Elliot Muchada and Joshua Muzanango, officer commanding CID Homicide Crispen Makadenge, chief superintendent Peter Magwenzi and Senior Assistant Commissioner Simon Nyati. The people would want to know that these people together with their principal are made to account for their clandestine activities that undermined the affected political and human rights prisoners abducted between October and December 2008.
We want to remind the inclusive Government that we are inclined towards favouring a system that advocates for true justice and restitution from rights violations especially when the identity of people involved is known. The government seems keen to protect perpetrators of violence, politically motivated crimes and rights violations at the expense of justice. The use of a controversial pieces of repressive legislation to gag the media from highlighting the truth is indicative of the vindictive nature of our government. There is need for serious reform of mind and the repealing of all repressive legislations such as POSA, AIPPA, BSA and Criminal law (Codification and reform) Act.
The continued harassment of human rights/political activists and journalists should stop. Shadreck Manyere, a freelance journalist is still in detention ever since he was abducted by the state in 2008. Like all the prisoners of conscience still in detention and those recently granted bail, he was severely tortured and a confession forced out of him that the state uses to build their conspiracy theories. The first 100 days of the new Government has been marred by a continued deterioration and decline of people’s lives on both human rights and humanitarian levels.
Saturday, May 9, 2009
Evicted for having electricity and water at home!
As the wheels of injustice and violation of people’s property rights at the farms escalate at the tacit encouragement of the Government, ROHR Zimbabwe names and shames the following ‘new farmers’ at GATUMBA FARM, BINDURA .
TUMAI PHIRI, ZANU PF ward chairman
KENNEDY MAKOMO,
EDWARD URIRI
MR CHARI
As of today, six families are homeless and living in the open without any protection from the cold of winter. In any crisis, it is said, the children and women are the first causalities, and this case highlights the magnitude of humanitarian disaster that is being created by ZANU PF supporters at the Government’s approval.
On 3 May Paradzai Charumo, Luxious Madzviti, Kazembe Chezamu, Samuel Nakurimu, Mavhura Sakaike, Antonio Savieri were forced out of their homes together with their families, including children. Their properties ware thrown out as well and to this day, they are grappling with the harsh weather conditions caused by winter and the rain.
The victims were farm laborers living in the compound houses built by the previous white owner. They allege that the reason why they are being evicted from the compound cottages is that the perpetrators, who are the committee appointed by the settlers in the farm, are too lazy to build decent houses since they live in mud houses with no electricity and piped water. According to the victims, the new farm settlers want to enjoy the decent houses occupied by the former farm laborers since they generally consider themselves new owners of the farm.
Inspector Chibande, Member in Charge for Bindura rural police station refused to take the report from the six victims. He said the police are not taking cases of political violence now and then later claimed that this was employer, employee dispute so his department will not be involved.
Two of the people affected are ROHR members. As a human rights organization, ROHR is currently liaising with local lawyers seeking a court interdict to reverse the unlawful eviction. The ZANU PF chairman’s actions are unacceptable and must be stopped, as this behavior sets a very bad precedence of violence in the area. This is one of the many cases of farm violations being reported from farms in the Mashonaland Central Province.
A rude awakening for Zimbabwe...
AS JESTINA AND 17 OTHERS ARE ROBBED OF THEIR FREEDOM AGAIN!
The circus of contradictions within the inclusive Government has now gone beyond the awkward. We are not concerned much with internal power struggles happening in the Government but when that spills over to constrict the freedoms and personal liberty of civilians, it becomes a human rights issue and obviously a concerning matter to all of us.
Restoration of Human Rights Zimbabwe is disturbed by the state’s continued violation of the rights of Zimbabwe Peace Project (ZPP) Director Jestinah Mukoko and 17 other Human rights and opposition activists who were re-detained when they appeared for routine remand on 5 May 2009. We believe the right to liberty is fundamental, as are other civil and political rights enshrined in the Universal Declaration of Human Rights, and the government should either respect or cause them to be respected within its borders. What disturbs us more is the prior knowledge we have about the dreaded conditions in the Zimbabwe prisons. They are overcrowded, filthy and people die due to starvation and diseases.
The activists who are being accused of sabotage, terrorism and banditry were re-detained under the Criminal procedures and Evidence Act Section 66.1 which posits that once a person is indicted the bail is terminated unless the Attorney General agrees to remand them out of custody. The state’s reluctance to agree for further remand out of custody leaves a lot to be desired considering that Mugabe has for long been breaching the terms of the inclusive government entered between Mugabe (ZANU PF), Tsvangirai (MDC-T) and Mutambara (MDC-M).
We share the defense lawyers’ opinion that the Magistrate court did not have the capacity to withdraw bail as this was an agreement reached by the political parties in the inclusive government on the issue of political detainees. It is an outright violation of the right to liberty as enshrined in the Zimbabwean constitution and the African Charter on Human and Peoples Rights (ACHPR). Article 6 of the ACHPR notes that “everyone shall have the right to liberty and to the security of his person…no one may be arbitrarily arrested or detained”.
This gibberish is a further blow to the little credibility our new Government was gaining in the eyes of the people, investors and donors. The interpretation for these continued violations, including those happening at the farms daily, is that ZANU PF is still firmly in power and so is its strong fabric of human rights violation. Apparently it appears that the former opposition party is still detached from the handles of power and MDC’s calls for an end to travel sanctions for ZANU PF leadership now come across as public relations and politicking.
The true emancipation of the people of Zimbabwe from the ZANU PF’s are curse of rights violations and vindictiveness is yet to be realized. The headlines we hear every day about violations in farms, prisons are a sad reality that are setting the tone of our new dispensation. To all those who ever hoped and believed that ZANU PF has reformed, yesterday is your answer. It’s is not yet uhuru for Zimbabwe.
….. End …..
HIFA enlightens the need for Truth and Justice
ROHR Zimbabwe was privileged to attend this year’s opening ceremony of Harare International Festival of the Arts (HIFA) held in Harare from 28 April to 3 May.
The event, coined under the theme Enlightenment, marked the 10th Anniversary of the prestigious arts festival, an interesting parallel to the 10 years struggle for the democratization of Zimbabwe.
What we admired most was the fact that at some point in the show, a big screen in front started showing all names of people who were murdered in last year’s election due to political violence engineered by the ZANU PF government as retribution for losing the 29 March elections vote to Movement for Democratic Change. The play captured a trajectory of the evolvement of Zimbabwe from an epoch of chaos and misunderstanding to one that appreciates our individual uniqueness. Enlightenment matures people towards a greater understanding and appreciation of our plurality and we will be far more suited towards tolerating one another during elections.
The theme portrayed at HIFA resonates with our thinking at ROHR Zimbabwe and that of our members we consulted. There is need for truth and justice in Zimbabwe as a pre-requisite for any appeals for forgiveness and/or forgetfulness).
Questions are still asked about what really happened to all the people who died between April and September 2008. Even as the Government is still to finalise appointments of public officials, questions are still raised about the involvement of some of the legislators and cabinet ministers in the violence that swept through the nation like a Tsunami tidal wave. We need answers on who was involved in what and to what end? Why? And how that happened? In any case, the number and kind of questions we ask will determine the number and kind of answers we get!
For people to forgive anyhow, they need to know the person/people to forgive and for what. Mass forgiveness will not work! Without a holistic approach to the subject, the Government’s Forgive and Forget campaign will just be a cosmetic solution to bridging through this transitional period. Unfortunately civil unrest that revealed itself this year in the form of retributive violence will continue and probably transform itself into other forms that we can never begin to imagine at this point.
To know more about ROHR Zimbabwe please visit our website on www.rohrzimbabwe.org or check out our new blog on www.rohrzimbabwe.blogspot.com
ROHR visits Gandhi and Kisimusi Dhlamini at Harare clinic
….As ROHR visits Gandhi and Kisimusi Dhlamini at Harare clinic
Zimbabwe Prisons can be described as death traps. The conditions inside them do not come close to those suitable for human habitation. They are a complete manifestation of the highest echelons in human rights violations and it is painful if not disgraceful that inmates and detainees are treated like aliens and second class citizens who are lucky to even be given crumbs for a meal. We are outraged.
On 31 March 2009,South African Broadcasting Corporation special assignment program captured the extent of the holocaust in the prisons through a graphic video showing inmates who looked more like living skeletons, visibly suffering from severe malnutrition related conditions, tuberculosis and HIV/AIDS.
The horrendous conditions of the prisons and the conduct of the Zimbabwe Prison service, under the headship of the outspoken Retired Major General Paradzayi Zimondi remain a contentious issue.
Our UK partner, the Zimbabwe Vigil has prepared a petition to Zimbabwe’s neighbors: “We call upon the Southern African Development Community – as guarantors of the Zimbabwe power-sharing agreement – to put pressure on the new Zimbabwean government of national unity to stop the blatant abuse of human rights of prisoners in Zimbabwe who are dying of starvation, disease and torture.”
ROHR Zimbabwe president Ephraim Tapa said in an address at Zimbabwe independence celebrations in United Kingdom that the experience in the prisons can be likened to the Jewish holocaust under the Nazi regime. “They can’t feed them, clothe them . . . . They are treated worse than pigs or dogs. Whoever is in power we must have our human rights.” (Ephraim Tapa on 18 April 2008).
ROHR Zimbabwe joins the rest of the world in advocating for immediate improvement of the lives of people living in the jails across the country. Since 2000 the living conditions at prisons have deteriorated to alarming levels and the apparent inadequate provision of food, proper sanitation, health facilities and drugs has exposed inmates to various illness and diseases such as malnutrition and pellagra that killed 23 people in 2007.
About Torture and harassment of detainees
It is one thing for prison conditions to be inhuman, and yet another for the Government to be responsible for all the reported cases of torture and harassment prisoners and detainees have been subjected to. We wish to put it on record that Human rights are universal and everyone is entitled to enjoy these. Prisoners are not an exception. Jestina Mukoko, Director of Zimbabwe peace project, who was once abducted and detained by the ZANU PF Government in December, recalled instances where she was tortured on several counts and denied access to medical treatment and drugs.
Article 5 of the African Charter on Human and Peoples Rights prohibits and outlaws torture to be excercised by member states of the African Union.
Solidarity visit for Ghandi Mudzingwa and Kisimusi Dhlamini at Harare clinic….
On Friday 24 April 2009 a ROHR Zimbabwe delegation led by the Secretary General Tichanzii Gandanga and the Programs Director Clifford Hlatywayo paid a solidarity visit to the detained Movement for Democratic Change activists Gandhi Mudzingwa and Kisimusi Dhlamini at Avenues clinic.
The visit was particularly aimed at getting information from the two detainees on the how they endured in the deadly prisons during the time they were closed up. Mudzingwa and Dhlamini have been tortured severely while in detention on charges banditry and insurgency with the aim of overthrowing the government.
Torture which can be defined as causing severe pain and suffering, physically or mentally for such purposes as obtaining information or a confession. Article 2 of The Convention against Torture and other cruel, inhuman or degrading treatment or punishment, says, “Each state party shall take effective, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction. No exceptional circumstances whatsoever whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture”.
Mudzingwa and Dhlamini were granted bail on Friday 17 April only to be re-arrested later after the Attorney General used his powers to reverse the bail that had been granted them. Gandanga expressed shock about the inhuman treatment the MDC security chiefs received whilst in custody.
ROHR Zimbabwe’s urges the Justice Minister Patrick Chinamasa to be serious…
ROHR Zimbabwe is outraged by the casual way in which the Government of Zimbabwe responded to the damning video. We quote the response and conduct of the Justice Minister Patrick Chinamasa, who was also the lead negotiator for ZANU PF during the interparty negotiations for the inclusive Government on this matter. The “honorable” Minister in his wisdom had the audacity to call the documentary by SABC a ‘fraud’ and that it was taken from another country in Africa. This position fails to reconcile the fact that the documentary cost the freedom and jobs of three prison officials from the Beitbridge prison. Thabiso Nyathi (35), Siyai Muchechedzi (35) and Thembinkosi Nkomo (28) were arrested in Gwanda for allegedly smuggling the SABC investigative journalists into the prison. The trio is being charged with breaching the Official Secrets Act.
We call for an increased measure of seriousness, maturity and sincerity on the Minister’s part, and that he should desist from blocking s attempts by independent civic and humanitarian organizations to tour the prisons to assess the level of human rights and humanitarian deficits.
----------------------- end-----------------------
Sunday, May 3, 2009
Human Rights Commission we prefer
30 APRIL 2008
WHY ZIMBABWE NEEDS A HUMAN RIGHTS COMMISSION
ROHR Zimbabwe recognizes that the protection and promotion of human rights cannot be left to individuals or the government, and there is a need to create independent national institutions such as the Human Rights Commission (HRC), subject only to the Constitution and the law, to transform our society from its unjust and violent past and to deliver the fundamental rights in the constitution and relevant conventions on human rights to all in Zimbabwe.
The historical governance model and culture of violence in the nation stems from the background of intolerance dating back to the struggle for Zimbabwe independence. The same culture was adopted by the ZANU PF government and has been the tone of Zimbabwe’s democracy even to this day. The most visible episodes where man made human rights calamities can be traced back to the Gukurahundi massacre where President Mugabe deployed the Korean trained fifth brigade to wipe out alleged dissidents in Matebeleland and Midlands provinces. In the process unspeakable affronts innocent people’s rights were committed. To date the actual figures of the violations ranging from loss of life, disability, destruction of homes, livelihoods, and property still remain unrecorded.
This same culture informed the violent war waged against white farm owners in what became known as the Third Chimurenga in 1999 -2000. The chaotic nature of the repossession of farms has been the major contributor of the economic collapse of Zimbabwe. At the current president’s instigation, lives were lost during violence that occurred during 2000 and 2002 elections. This violence pioneered the role youth and trained militia play in perpetrating violence, intimidation, and rape in the name of defending the nation from western influence thereby laying the seed for the polarization of our society that we still grapple with today.
The same government was responsible for an operation called Murambatsvina (Clean up trash) which left more than 1 million people without shelter and livelihood. Children, women and the disabled were the most affected. Today the nation is still to heal from the inter-elections politically motivated violence that claimed more than 170 lives, children included, simply because the ZANU PF party regarded Zimbabwe as exclusively reserved for their rule forever and the violence they unleashed on defenseless citizens was apparently in retribution for the march 29 plebiscite that upset ZANU PF’s majority in the house of Assembly.
Invariably the analysis of the historical progression of violations is incomplete without mentioning the role played by the executive in undermining the effective independent operations of state institution such as the judiciary, attorney general’s office, army, police and state security. This all stems from the failure to separate the government and the political party. Zimbabwe’s checks and balances were compromised. This made it easy therefore for ZANU PF to deny people’s right to access of information by banning private television stations, three independent newspapers the daily News, the Daily News on Sunday and the tribune in 2003. The final nail to Zimbabwe economy came when the Government stooped as low as to determine individual price lists of businesses in Harare in an operation termed ‘Dzikisai mutengo’ where businesses and investors were forced to sell their products and services at prices below the cost price. Most businesses failed to breakeven closed and some investors relocated to neighboring countries. Unemployment rose.
The dictatorial tendencies of African regimes as proved by the ZANU PF government inimical to people’s rights and freedoms and therefore, paradigm shift have to be made for real change to be achieved.
It is on that basis that ROHR Zimbabwe welcomes the intention to establish a human rights commission as legalized by section IV/ 100Q of the 19th amendment of the constitution. However as ROHR Zimbabwe it is our considered view that giving the right to the President to appoint the chairperson and his/her commissioners in not consistent with the Paris declaration and violates the principles governing the independence of such an national institutions.
For the commission to be relevant to the people of Zimbabwe in its fulfillment of its mandate Restoration of human rights proposes the following standards
1. The constitution must make a provision in its text that gives the commission as broad a mandate as possible, specifying its composition and its sphere of influence. To this end no person no matter how powerful in rank and influence should be above investigation of rights violations. The culture of impunity has to stop.
3. In order to ensure a stable mandate for the members of the institution, without which there can be no real independence, their appointment of the chairperson and the 8 commissioners (proposed in the amendment 19 of Zimbabwe constitution) must be effected by an official act of parliament which should specify their mandate and duration of their term. Therefore, the provision of the amendment 19 that reserves the power to appoint the commissioners and the chairperson of the HRC is not proper as it compromises the independence of the institution.
4. The institution should be truly independent and subject only to the Constitution and the law of Zimbabwe, and they must be impartial and must exercise their powers and perform their functions without fear, favor or prejudice.
5. The new constitution must make the Universal bill of rights legally enforceable and make it a cornerstone of Zimbabwe’s democracy and compel the state to respect, protect, promote and fulfill the rights in the bill of rights.
6. Other organs of state, through legislative and other measures, must be revamped and reconstituted enable them to assist and protect these human rights commission to ensure its independence, impartiality, dignity and effectiveness.
7. In the lifetime of the inclusive Government, the collective consensus of the joint political will, person or organ of state should not interfere with the functioning of these institutions.
8. The HRC, like any other national institution, must only be accountable to the house of assembly, and must report on their activities and the performance of their functions to parliament on a regular basis either semi-annually or annually.
The functions and responsibilities of the Zimbabwe Human Rights Commission should among others be as follows:
To receive and investigate complaints from individuals (and occasionally, from groups) alleging human rights abuses committed in violation of existing national law.
Systematically review the government's human rights policy in order to detect shortcomings in human rights observance and to suggest ways of improving it.
Monitor the State's compliance with its own and with international human rights laws and if necessary, recommend changes. In that connection, the national institution should examine the legislation and administrative provisions in force, as well as bills and proposals, and make such recommendations as it deems appropriate in order to ensure that these provisions conform to the fundamental principles of human rights. It should, when necessary, recommend the adoption of new legislation, the amendment of legislation in force and the adoption or amendment of administrative measures;
Drawing the attention of the government to situations in any part of the country where human rights are violated and making proposals to it for initiatives to put an end to such situations and, where necessary, expressing an opinion on the positions and reactions of the government. It has a duty to advocate for the immediate repealing of draconian pieces of legislature such as Public Order and Security Act (POSA), Access to Information and Protection of Privacy Act (AIPPA) and Broadcasting Services Act (BSA) that stand averse to people freedom of assembly, association and right to information.
To promote and ensure the harmonization of national legislation, regulations and practices with the international human rights instruments to which the State is a party, and their effective implementation;
To publicize human rights and efforts to combat all forms of discrimination and intolerance, in particular political discrimination and intolerance, by increasing public awareness, especially through information and education and by making use of all press organs.
In keeping its independent nature, the commissions must be generally composed of a variety of members of social standing from diverse backgrounds but each with a particular interest, expertise or experience in the field of human rights. The members should not be found to have a previous record of human rights violation and/or injustices. On the composition suggested by the inclusive government, we welcome the provision that constitutionally reserves four seats out of the eight for women appointment as commissioners to balance gender composition.