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.”

Position on the temporal jurisdiction of the Zimbabwe Human Rights Commission

11 July 2012

Zimbabwe Lawyers for Human Rights (ZLHR) continues to follow closely, and
with interest, the progress relating to the operationalisation of the
Zimbabwe Human Rights Commission (ZHRC).
ZLHR commends the renewed commitment by the Minister of Justice & Legal
Affairs, and Parliament, to finalise the legislation required to make the
ZHRC functional. This is long overdue. It is also in line with
recommendations to ensure that the ZHRC can commence its operations as soon
as possible, as accepted by the Government of Zimbabwe during the United
Nations (UN) Human Rights Council’s Universal Periodic Review of Zimbabwe
held last year, and as strongly expressed by UN High Commissioner for Human
Rights, Navi Pillay, during her visit to Zimbabwe earlier this year.

The importance of having an operational commission to deal with protection
of human rights cannot be over-emphasised, particularly in a society where
violations of fundamental rights and freedoms remain prevalent. The urgency
of having a functional mechanism to investigate and deal with violations is
further heightened where elections loom, and bearing in mind previous trends
in Zimbabwe where such violations escalate in the run-up to, and following,
key electoral and other political processes.
So too, Zimbabwe remains a country with immense challenges relating to the
continuing culture of impunity for perpetrators of human rights violations.
Without providing mechanisms to investigate and deal with past human rights
violations – whether through trials, national enquiries, reparations,
memorialisation, amongst other means – our society will never be able to
escape the vicious cycle of impunity or ensure non-recurrence of such
heinous crimes.

There has been much debate and speculation in relation to the emotive issue
of the temporal jurisdiction of the ZHRC, which has been set in the ZHRC
Bill as 13 February 2009 – a date agreed by the three negotiating political
parties.
ZLHR has also noted the intention of the government to establish a national
mechanism that will deal with issues relating to post-conflict justice,
healing and reconciliation separately from the ZHRC, although precise
details as to the ambit of such a mechanism remain sparse. This accords with
regional and continental good practice, where human rights institutions and
truth/justice/reconciliation commissions have traditionally been separate
mechanisms.

ZLHR is of the considered view that there is urgent need to approve the
legislation that will operationalise the ZHRC and allow it to substantively
commence its functions. It is a critical institution in the difficult battle
to reduce, stop and/or prevent ongoing and future human rights violations in
Zimbabwe. It must be fully functional in order to play its role as elections
approach. Resistance in relation to the issue of temporal jurisdiction is
delaying such operationalisation and ensuring that the ZHRC cannot act on
any ongoing and future human rights violations.

At the same time the political parties in government must, with urgency and
guided by the recommendations made by survivors of past human rights
violations, establish an independent mechanism to deal with issues relating
to past human rights violations and atrocities. The mandate of this
independent mechanism must be to deal with all past human rights violations
that have occurred in Zimbabwe, including the pre-Independence era, as well
as the post-Independence atrocities of Gukurahundi, Operation Murambatsvina,
and electoral-related crimes, amongst others.

It is the role of government to ensure the speedy establishment of such an
independent and credible mechanism. However political parties, trade unions,
the broad civil society, non-governmental organisations, and survivors of
violations and their families, must also ensure that they play their role in
ensuring that sufficient pressure is brought to bear on the government to
make this a reality and to do so with urgency.

Further, and for the avoidance of any doubt, it must be clearly understood
and stressed that crimes committed in the past remain crimes, whether or not
a national human rights institution or other mechanism exists to deal with
past human rights violations. Government, political players and other
perpetrators of violations must disabuse themselves of the notion that the
creation of such mechanisms removes responsibility and punishment for such
crimes.

There is a constitutional and legal obligation on the police, the
prosecutorial authorities and the judiciary to respectively investigate and
arrest, prosecute, and punish convicted perpetrators. ZLHR expects these
constitutional duties to be carried out without fear or favour, and will
continue to exercise its watchdog role in this regard. 

Police accused of murdering suspects

http://www.thezimbabwean.co.uk

There are chilling allegations that police eliminate wanted criminals at
stage-managed field investigation exercises in the countryside, a highly
placed source told The Zimbabwean.
11.07.1208:59am

by Staff Reporter

According to the source, suspects regarded as dangerous criminals by police,
would be taken to remote areas and shot dead or left with permanent
disabilities. Investigating officers would claim that the suspects met their
fate as they attempted to flee lawful arrest.

“Such ill-fated field investigations are common place and hundreds of
suspects – mostly those accused of serious offences such as armed robbery
and political activists - have fallen victim to them. Dangerous criminals
with connections within the police were spared. The practice has forced a
number of junior CID officers to resign or seek internal transfer to the
uniformed section, as the gruesome practise was against their conscience,”
said the high-ranking police source.

When The Zimbabwean visited Harare Remand Prison recently, a number of
people visiting detained relatives complained about how some suspects were
either killed or injured during such investigations.

“An inmate accused of committing a serious crime was recently shot in the
leg as he reportedly attempted to flee from police custody at an undisclosed
location. Several others sustained serious dog bites under similar
suspicious circumstances,” said a concerned visitor at the remand prison.

Meanwhile, some former detainees accused plain clothes Criminal
Investigations Department officers of continuing to use severe torture as
means of extorting confessions from the accused

 Zimbabwe remembers 27 June 2008.

June 27th, 2012

Today is 27 June 2012, a very significant and memorable day for the people of Zimbabwe as it brings sad memories of how Zanu PF, dripping with blood, stole the people’s will and elections on 27 June 2008.

Exactly four years ago today, the people of Zimbabwe witnessed a very sad event as Zanu PF and its president, Robert Mugabe claimed to have won an election that was contested by one presidential candidate.

This was despite the fact that Zanu PF had been trounced heavily by the MDC and President Tsvangirai in the harmonized elections held earlier in March.

Today, we sadly remember the hundreds of MDC members and their families who were murdered, tortured and maimed at the hands of Zanu PF and State security. Families were left broken, homeless and destitute as Zanu PF hoodlums went on a rampage looting and raping innocent people.

The country was brought on its knees by a ruthless Zanu PF regime that wanted to cling to power at all costs despite losing its popularity through dictatorship, corruption and disregard of the people’s freedom.