By  Chinofunga Ndoga

SADC leaders clamp down on human rights court


SADC heads of state who met in Maputo for the annual summit over the weekend
have been accused of “shutting the doors” to the SADC Tribunal to the region’s
citizens, following a decision to limit the court’s Protocol to dealing only
with conflicts between member states.

A final communique issued at the summit on Saturday said SADC leaders had
“resolved that a new Protocol on the Tribunal should be negotiated and its
mandate confined to interpretation of the SADC Treaty and Protocols relating
to disputes between Member States.”

The Tribunal’s original mandate allowed the court to hear and decide on
cases brought by individual citizens, who felt they had been denied justice
in their home countries. The weekend decision essentially leaves no legal
recourse for individuals seeking justice, therefore undermining the rule of
law.

The SADC Tribunal was suspended in 2010, after the Mugabe regime dismissed a
ruling by the court which said his chaotic land grab exercise was illegal
and racist. But Mugabe dismissed the ruling and challenged the legality of
the Tribunal. Rather than deal with the issue the SADC leaders suspended the
court’s operations instead.

The Southern Africa Litigation Centre (SALC) have strongly criticised the
SADC leaders. They had expected the Summit to adopt the recommendations from
their own Ministers of Justice and Attorneys-General from the region, which
limited the human rights mandate of the Tribunal while a new Protocol was
decided on.

“This weekend’s decision goes far further in narrowing the Tribunal’s
mandate. Individuals won’t have any access to the Tribunal whatsoever, no
matter what type of case is concerned,” the Centre’s director Nicole Fritz
told SW Radio Africa.

She added: “Most of cases that were heard by the Tribunal so far had been
brought by individuals. Member states almost never bring cases against each
other before the courts. They try and resolve their disputes by diplomatic
means. So the SADC tribunal is essentially not going to be worth the
expense.”

Civic society groups that had also lobbied for the revival of the Tribunal
have said they are disappointed with the decision to block individual cases.

Nobel peace prize winner Archbishop Desmond Tutu was one of the campaigners
fighting for the court’s re-instatement. He had described it as “a place
where crimes could not go unpunished and victims of injustice and human
rights abuses could turn with confidence”, adding: “but that house is now in
grave danger.”

Tutu had warned that “the region will lose a vital ally of its citizens, its
investors and its future” if SADC leaders did not revive the court. “It is
up to all of us to ensure that SADC not only reinstates the Tribunal but
also strengthens it,” Tutu was quoted as saying.

Possible SA link in Zim activist's absence

http://www.news24.com/

2012-08-06 14:02

Cape Town - Friends and colleagues of Zimbabwean human rights campaigner
Paul Chizuze, who has been missing for six months, are losing hope of
finding him and are desperately hoping he has fled to South Africa,
according to reports.

Four months after his disappearance, a relative saw his dusty vehicle parked
in a prominent position outside the government tax offices while passing
through the border town of Beitbridge en route to SA.

According to the Cape Times, colleagues say they were told by a security
guard working nearby that the car had been there for several weeks. But
Zimbabwean police did not do any forensic tests on the vehicle. One source
described the issue as "too sensitive" for the police to handle.

Chizuze had a modest SA bank account opened about seven years ago. But his
colleagues say they have established that no withdrawals have been made
since his disappearance.

Chizuze left his home in Bulawayo just after 20:00 on 8 February 2012. The
58 year old was seen driving his Nissan Hardbody with registration number
ACJ 3446.

Information on massacres

Some family members say they fear Chizuze may have been abducted, hijacked
or murdered on the night he disappeared. A relative who declined to be named
said the family was despairing.

"I now suspect he was murdered and we should all accept that we will never
find him alive."

Chizuze was a prominent activist and investigator during and after the
massacres (Gukurahundi) in Zimbabwe’s Matabeleland region in the 1980s, when
then prime minister Robert Mugabe ordered a North Korean-trained brigade of
the Zimbabwean army to kill thousands of opposition supporters loyal to
Joshua Nkomo, leader of Zapu, then a rival to Mugabe’s ruling Zanu-PF party.

Zimbabwe education and culture minister David Coltart, a close friend and
former colleague of the disappeared activist, said Chizuze had too much
information on Gukurahundi.

The minister said Chizuze had been working on issues that could have
embarrassed authorities in the government, especially hardliners.

Video shows 'intimidation' by Mugabe’s party ahead of election cycle

http://observers.france24.com/content/20120803-video-showing-intimidation-mugabe-party-fans-fears-over-next-election-zimbabwe-zanu-pf-tsvangirai-politics

03/08/2012 / ZIMBABWE

A video has emerged showing what appears to be evidence of intimidation on the part of members of President Robert Mugabe’s ZANU-PF party. With an election expected in the coming year, this video - along with reports of similar incidents - has stoked fears that the party is returning to the same intimidation tactics used in the run-up to the 2008 election.

A speaker in the video tells a crowd of people, “If MDC [the opposition Movement for Democratic Change party] comes here and you, as a ZANU-PF member, participate [in their meetings], I promise I will beat you.” Another speaker asks people gathered around him to each divulge a name of an opposition supporter they know. [Our Observer, below, explains that people who don’t necessarily agree with the party’s politics are sometimes pressured to attend these meetings].

The video, which was procured by a human rights organisation that FRANCE 24 has decided to keep anonymous for security reasons, includes footage of two separate political meetings, which were reportedly held in the central district of Chirumhanzu on May 17 and in the northern district of Chinhanga on May 23. We have shown this video to several of our Observers in Zimbabwe, who were able to confirm that the dialects spoken match those used in these areas.

FRANCE 24 has asked ZANU-PF for comment on this video, but we have not yet received a reply.

Incidents of intimidation against opposition supporters have been reported with increasing frequency as the next presidential election, expected in mid-2013, draws nearer. The outgoing US ambassador to Zimbabwe, Charles Ray, recently said that, judging by the recent atmosphere, he fears the coming elections could once again descend into violence.

During the last election, opposition candidate Morgan Tsvangirai withdrew a week before the second round, claiming that a campaign of violence by Mugabe’s supporters had turned the process into “a sham.” However, under pressure from the international community, the two ended up at the head of a coalition government, with Mugabe as president and Tsvangirai as prime minister. In 2013, both men will once again compete to become president.

Mugabe has ruled Zimbabwe with an iron first since 1987. Zimbabwe is currently ranked 154 out of 182 countries on Transparency International’s corruption index.

Contributors

Mugove

“This sort of intimidation is quite typical of what’s happening all over the country”

Mugove (not his real name) is a Zimbabwean human rights activist. FRANCE 24 has decided to keep him anonymous for security reasons. [Activists are frequently the targets of harassment in Zimbabwe].

“I am convinced this video is authentic, not only because meetings were indeed scheduled in these places on these dates, but because I recognized the dialects being spoken as belonging to these regions.

This sort of intimidation is quite typical of what’s happening all over the country these days; I have received many reports of similar incidents, both in cities and in rural areas. The threats of beating heard in the video are not mere talk – on May 26, an opposition supporter was lynched by ZANU-PF supporters. [Witnesses reported that the police on the scene did not intervene]. I believe this was a clear result of these types of intimidation tactics.

Intimidation can take multiple forms. The most common are direct threats to people who sympathise with the opposition or their family members, which includes threats of beatings and destruction of property. Many people are also forced to attend political meetings and buy party membership cards. Another common threat in rural areas is banishment – village leaders have the power to expel people from their communities. People who rent stores or stands in markets are also often required to pledge allegiance to a party in order to keep their spots.

“People who are threatened cannot count on the help of the police”

In Zimbabwe, people cannot count on the police if they are threatened by supporters of political parties. Police chiefs have openly expressed their support for ZANU-PF, so that makes it difficult for rank-and-file police officers to go against this party’s interests. Moreover, there is an atmosphere of impunity. Vigilante groups have been roaming the streets of cities causing violence; the police clearly have the capacity to deal with them, but it seems that they have decided to ignore it when it’s in the interest of the politicians they support. The policing system needs a major overhaul. Currently, too many people who took part in or allowed the 2008 violence remain in positions of power.

As we approach the elections, more and more political meetings are taking place, and tension is increasing. I think it’s quite likely that intimidation will once again give way to bloodshed.”