Zimbabwe Human Rights NGO Forum
Human Rights & National Institutions
ReportDecember 2011
– July 2012
Executive summary	3
About the report	4
Introduction	5
Regional and
international dimension	8
Projections beyond
August 2012	9
Thematic timeline	11
About the Zimbabwe
Human Rights NGO Forum	26
Contents
Dedicated to Eileen May Sawyer
Her humane values and ideals are immortalised in the
reports she edited and engraved in the hearts she touched
Zimbabwe Human Rights NGO Forum   3
2
012 so far has been potentially monumental for
the realisation of human rights, the rule of law
and democracy in Zimbabwe. Despite several pol-
icy and legislative initiatives, progress has been
unsatisfactory. A general lack of political will and
self interest still stand as key barriers to the resolution of
key national concerns and full enjoyment of human rights
by all.
Commendably, there have been recognisable attempts
to implement the Global Political Agreement (GPA). This
included the initial progress in the constitution making
process, sporadic calls for peace, and the proposed judicial
and quasi-judicial reforms. Further, the government also
accepted most of the major recommendations during
Zimbabwe’s Universal Periodic Review at the UN HRC. It
has since invited civil society to work on a national imple-
mentation action plan. Coupled with this was the historic
visit to Zimbabwe by the UN HRC Human Rights High
Commissioner at the Government’s invitation.
However, current reforms remain unsatisfactory.
Particularly worrying was the government’s rejection of the
recommendation to investigate pre-2009 politically moti-
vated violence. This position was confirmed in the limited
temporal jurisdiction of the Human Rights Commission.
Further, the structural causes of violence remain in place.
The operating environment remains tense and highly polar-
ised. This is evidenced by the current persecution of Human
Rights Defenders, limited media freedom and the threat to
NGOS. Also of grave concern is the delay in the finalisation
of the constitution.
In light of this, civil society needs to remain resolute
to ensure that minimum conditions for the holding of the
impending constitutional referendum and elections are put
in place.
Abel Chikomo
Executive Director
Executive
summary
4   Human Rights & National Institutions
T
his Report has been produced by the International
Liaison Office (“IntLO”) of the Zimbabwe Human
Rights NGO Forum (“ZHRF” or the “Forum”) for use
by Zimbabwe human rights advocates and activists
and our regional and international stakeholders. The
Report provides information and analysis on developments
in Zimbabwe since December 2011. The information covered
relates to human rights and institutional reform covering
institutions that span the three arms of the state. In particular,
the thematic areas covered in the Report encompass the spec-
trum of the Forum’s mission to reduce organized violence and
torture, cruel inhuman and degrading treatment; to challenge
impunity and to foster a culture of accountability and the build-
ing of institutions of non-violence, tolerance and the respect for
human rights in Zimbabwe. The Report also includes an aspect
on the international perspective as it is meant to compliment
the national perspective provided by the Forum’s Research and
Documentation Unit based in Harare.
The report was issued on 1 September 2012. In this
Report, the name ZHRF is sometimes used in its narrow sense
to refer to the Secretariat but sometimes in its wider sense to
encompass its member organisations listed in the Appendix.
The Report is compiled wholly from material produced by
a wide range of information drawn from the Forum’s members
and local and international partners. The Report is generally
divided into two sections. The first section is a summary of
events mainly meant for those who want to have a cursory
appreciation of the broad terrain during the period under
review (December 2011-July 2012 and also a few develop-
ments in August 2012).This part also contains our, and our
stakeholders’, understanding and interpretation of events.
The second part of the Report provides detailed evidence
dividing the main thematic areas including political and civil
rights, institutional reform international obligations, ecosoc
rights, and rights of disadvantaged groups, for example women
and children, gays and lesbians. In line with our evidence based
advocacy policy, this part aims to provide a compilation of
extracts from the source material identified, focusing on the
main and recurring themes both at policy and practice levels.
All information in the Report is attributed, throughout the
text, to the original source material, all of which is accessible
through the specified web links. The Report is not intended to
be a detailed or comprehensive survey but a tracking, monitor-
ing and evaluation tool of the areas covered. For a more detailed
account, the relevant source documents should be examined
directly.
The structure and format of the Report reflects what
we consider to be the information needs of our stakeholders,
usually busy advocates and policy makers who do not have suffi-
cient time to scour through detailed reports. In line with our
revised communication strategy we aim to present a quick and
well-presented information for decision making but can always
request detailed documents or access web links for specific and
detailed information.
The information included in this Report is limited to that
which can be identified from source documents. While every
effort is made to cover all relevant aspects of a particular topic,
it is not always possible to obtain the information concerned.
For this reason, it is important to note that information
included in the Report should not be taken to imply anything
beyond what is actually stated. For example, if it is stated that
a particular law has been passed, this should not be taken to
imply that it has been effectively implemented unless stated.
Similarly, the absence of information does not necessarily mean
that, for example, a particular event or action did not occur.
As noted above, the Report is a compilation of extracts
produced by a number of information sources. Rigorous
attempts have been made to resolve discrepancies between
information provided in different source documents.
The Report is based substantially upon source documents
issued during the previous six months. However, some older
source documents may have been included because it contains
relevant information not available in more recent documents.
All sources contain information considered relevant at the time
this Report was issued.
This Report and the accompanying source material are
public documents. All Reports are published on the Forum web-
site and the great majority of the source material for the Report
is readily available in the public domain. Where the source
documents identified are available in electronic form, the rele-
vant weblink has been included, together with the date that the
item was released. Copies of less accessible source documents,
such as those provided by government offices or subscription
services, are available from IntLO upon request.
In producing this Report, IntLO has sought to provide
an accurate, up to date, balanced and impartial compilation of
extracts of the available source material. Any comments regard-
ing this Report or suggestions for additional source material are
very welcome and should be submitted to IntLO as below.
Zimbabwe Human Rights NGO Forum
London, N19 5NJ
Telephone: 00 44 207619 3641
Email: IntLO@hrforumzim.com
Aboutthe
report
Zimbabwe Human Rights NGO Forum   5
Z
imbabwe has been ruled by an Inclusive Government
(IG) since February 2009 which followed the signing
of a political agreement in September 2008, other-
wise known as the Global Political Agreement (GPA).
The agreement followed disputed elections in March
2008 characterised by voter intimidation and electoral fraud.
The March 2008 elections failed to elect a president in terms
of the Zimbabwean constitution. The main opposition leader,
Morgan Tsvangirai, withdrew from the second round held in
June 2008 due to widespread and escalating violence. Presi-
dent Mugabe was declared a winner. The negotiations leading to
the formation of the IG were mediated by the Southern African
Development Community (SADC) who were mandated by the
African Union to mediate and facilitate talks between the main
political parties and to ensure compliance with the benchmarks
stipulated under the GPA before the holding of any further
election. The details of the GPA are beyond the purview of this
report but can be accessed on the following link: http://www.
copac.org.zw/phocadownload/GNU/gpa.pdf
Although there has been commendable progress since
the coming into force of the IG, major challenges and hurdles
still remain. Repressive and anarchic conditions still obtain in
Zimbabwe and have been institutionalised under the law, for
example, under the so called indigenisation drive. Further, the
risk of being persecuted is all too real and predictable, albeit, on
the evidence currently available, the incidence of that persecu-
tion is likely to be both random and arbitrary. There is currently
a ‘rule by law’ rather than rule of law which has created an
environment where people avoid state persecution by engaging
in mendacity, fabricating loyalty or remaining mute about their
political views. This is an antithesis to the credentials of truly
democratic societies where individuals should be free to hold
opinions and exercise their fundamental rights.
In 2008, at least 23,755 cases of politically motivated vio-
lence were recorded, decreasing to about 14,725 in 2009 whilst
2010 had over 10,695. Hot spots for the 2008 election violence
continued to witness violence. The ZPP recorded 365 incidents
of violence in January 2012, 413 in February 2012, and 475 in
March 2012, with a drop in June as the talks about elections
calmed down due to SADC insisting that elections should be held
after the new constitution (http://www.zimpeaceproject.com/)
According to ZPP July 2012 Report, the month of July
witnessed a decrease in the number of politically motivated
human rights violations of 375 cases down from the 421
witnessed in June. This is despite a rise in political tensions.
Of particular concern were the politically-motivated murder of
Simbarashe Nemaura by John ‘Hussein’ Chari- his subordinate
at work and long-time political rival and the resurgence of
terror bases mainly across in Mashonaland West, Central and
East provinces and Masvingo province.
Although the period under review witnessed potentially
monumental developments with various policy incursions and
warming up of international relations, hardliners in the ZANU
PF Politburo have remained uncompromising and even scoffed
at positive international overtures. Their demands, particularly
with regard to the constitution have stalled progress which
ZANU PF technocrats had agreed with other stakeholders at
policy levels. Further the Zimbabwe Human Rights Bill which
passed into law, and has wide ranging constitutional signifi-
cance failed to meet international standards in its ambit.
Among some of the pertinent issues identified by Zimba-
bwean civil society and other stakeholders were:
n	 The need to end the culture of impunity by domesti-
cating UNCAT, its optional protocols and criminalising torture
n	 For the police and Attorney General’s office to hon-
our their constitutional and legislative mandates to investi-
gate and prosecute perpetrators of human rights violations
during the 2008 presidential elections
n	 For the Zimbabwe Human Rights Commission to
comply with the Paris Principles.
n	 Commitment by government to protect Human Rights
Defenders and not to interfere with their legitimate activities
n	 Time-bound reform of key national institutions
such as the Attorney General’s office, police, security sector,
the constitution and local authority governance.
n	 Media reform to ensure equal access by all political
parties to the state media, the liberalisation of the media
and reconstitution of the media governance so as to guar-
antee the fundamental freedom relating to the right to free
expression
n	 Repeal of repressive legislation such as Public Order
and Security Act, Access to Information and Protection of
Privacy Act as well as the Urban councils Act
n	 For the government not to interfere with civilian
processes such as the constitution making and impending
referendum and for the elections to be contingent upon the
fulfilment of the above minimum conditions.
n	 Electoral reforms including updating of the
voters’ roll.
Introduction
6   Human Rights & National Institutions
Following now is a month by month general breakdown
of the situation insofar as it relates to the human rights
situation and institutional reform in the first half of 2012.
January 2012   was characterised by the harassment of
Human Rights Defenders as evidenced by the arrest of
members of the Media Monitoring Project of Zimbabwe
and Women of Zimbabwe Arise and the intimidation of the
Anglican community. Despite the agreement to end politi-
cally motivated violence made by all three political parties in
the GNU, this trend which had been reported at the end of
2011 in the November Monitoring Report produced by the
Zimbabwe Peace Project, continued.
Zimbabwean civil society organisations declared that
2012 was a year for key democratic reforms, essential if the
country was to hold free and fair elections. At the close of
2011, eight Civil Society Coalitions issued a statement reiter-
ating the key benchmarks that should be met before elections
could be held.
2012 was anticipated to be a watershed year for Zim-
babwe. Urgent challenges in the political, judicial and legal
arenas all presented themselves. However, as the Solidarity
Peace Trust observed; a ‘spell of indecision’ hung over Zimba-
bwean politics as the year got underway. The constitutional
reform process was cloaked in uncertainty. The memory of
the violence that characterised the 2008 election period left
the population fearful.
There was no legislative progress in the month as
Parliament was adjourned until the 28th February 2012.
Amongst the outstanding legislation lapsed Bills awaiting
restoration to the Order Paper included the Public Order and
Security (POSA) Amendment Bill (a Private Member’s Bill),
the Electoral Amendment Bill and the Zimbabwe Human
Rights Commission Amendment Bill.
February 2012   began with the continued harassment of
Human Rights Defenders and drew to a close with a warning
bell against NGO’s as the Provincial Governor of Masvingo
announced that 29 NGO’s were to be ‘banned’ from operating
in the area. The mechanism for the appointment of key public
office holders came under the spotlight as the President
unilaterally announced the re-appointment of Service Chiefs
including the Police Commissioner-General. As the President
celebrated his 88th birthday with lavish celebrations in
Mutare, Harare witnessed an outbreak of typhoid.
Increasingly strident calls for elections raised fears that
the country might go to an election without a new constitu-
tion and key democratic reforms. However, the constitutional
drafting process inched forward and a first draft was under
consideration. The possibility of Zimbabwe and the Euro-
pean Union embarking on re-engagement talks was further
enabled when the EU announced the revision of the targeted
measures on Zimbabwe and the removal of 51 individuals
and 20 entities from a visa and asset freeze ban. February
2012 ended with anticipation. The question on everyone’s
lips was how far the Government would go in committing to
the protection and promotion of human rights during the
final adoption of Zimbabwe’s Universal Periodic Review at the
UN Human Rights Council.
March 2012   began with a revelation about the torrid
conditions inside Zimbabwe’s prisons highlighted by women
human rights defenders. The cyclical political violence against
Zimbabwean women was highlighted during commemorations
of International Women’s Day. The repressive environment
for media practitioners and the lack of reforms in the media
was exemplified by the arrest of journalists and the banning of
the sale of independent newspapers in certain rural areas. The
alarming state of Zimbabwe’s justice system was highlighted by
the harsh sentence against social rights activists convicted for
watching media footage of the Egyptian risings. Meanwhile, the
constitutional drafting process dragged on and the legislative
reform progress was stalled again as Parliament adjourned
once again. Australia also announced an easing of its travel and
financial sanctions.
The most encouraging developments came from the
acceptance by the Government of Zimbabwe of a number of key
human rights recommendations arising out of the Universal
Periodic Review of Zimbabwe at the UN Human Rights Council.
Most notable amongst these was the commitment to ratify the
Convention against Torture and its Optional Protocols.
April 2012   commemorated Zimbabwe’s 32nd year of inde-
pendence, the President and his supporters continued to call
for an early election. There were continued concerns over the
slow pace of reforms and fears that the constitution might not
be ready before an election. Concern was also raised about the
pronouncements by the Minister of Youth Development, Indi-
genisation and Economic Empowerment about the compulsory
acquisition of 51% stake in foreign owned mines in Zimbabwe.
The month ended with the launch in London of the
‘Taking Transitional Justice to the Diaspora Outreach’ report
by the Forum’s International Liaison Office. Honourable
Moses Mzila Ndlovu, the Co-Chair of the Organ on National
Healing, Reconciliation and Integration accepted the report at
an event in London but voiced doubt as to whether justice for
the victims of political violence would be possible in the current
environment.
May 2012   began with World Press Freedom Day which pro-
vided an opportunity for civil society organisations to express
concern about the growing intolerance of media freedom in the
country and the lack of progress in repealing repressive media
legislation. The Zimbabwe Peace Project confirmed that the
ramping up of calls for elections had resulted in an increased
level of inter and intra party political violence in previous
months. After a lengthy recess, Parliament finally resumed
sitting and its legislative work included the Human Rights
Commission Bill and the Electoral Amendment Bill.
Victims of political violence were provided some comfort
by news of a landmark South African High Court ruling that
the South African authorities must investigate Zimbabwean
officials in South Africa accused of torture or crimes against
humanity in Zimbabwe.
Two particularly positive developments took place in
May. The first was an initial meeting between the Zimbabwean
Ministerial re-engagement team and the European Union. The
Zimbabwean ministerial team pressed for the full removal of
Zimbabwe Human Rights NGO Forum   7
sanctions whilst the EU recognised progress and encouraged
the continuation of the reform process.
The second positive development in the month was
the first ever visit to Zimbabwe by the United Nations High
Commissioner for Human Rights. Despite attempts by Gov-
ernment to hijack the High Commissioner’s meetings with civil
society, civil society had the opportunity to meet and brief her
and the High Commissioner addressed critical issues, including
calling for peaceful, free and fair elections. Barely 24 hours after
the departure of the UN Chief, there was shock and sadness
as MDC activist Cephas Magura was violently attacked and
murdered in the full view of the police. The incident provided
a chilling example of the partisan nature of policing in the
country and underlined the urgent need for reforms.
June 2012   witnessed further positive developments as the
region continued to maintain a strong stance on Zimbabwe.
The SADC Summit in Luanda at the beginning of the month
effectively put an end to calls for an early election without
an agreed and acceptable electoral structure being in place as
envisaged by the GPA. The role of the military in the diamond
fields and the possibility that diamond revenue might finance
election violence was raised in a report by Global Witness also
issued in June.
Impetus towards the drafting of the new constitution
began to pick up pace thereafter and devolution of power
emerged as one of the key sticking issues
The UN International Day in Support of Torture Vic-
tims provided an opportunity for the Forum to point to the
particular significance of the 2012 commemorations given
the Government’s commitment to ratify the UN Convention
against Torture, Cruel, Inhuman and/or Degrading Treatment
and its Optional Protocol.
July 2012   featured the intimidation of key human rights
defenders as the Forum’s Executive Director was summonsed
to answer charges of running an illegal organisation. Legislative
progress was made during the month as the amended Electoral
Bill and Human Rights Commission Bill passed quickly through
both houses of Parliament to await Presidential assent.
Civil society organisations welcomed the establishment
of the country’s first framework for considering human rights
violations but expressed concern that the Zimbabwe Human
Rights Commission did not conform with the ‘Paris Principles’
which amongst other things highlights the need for the inde-
pendence of such bodies. They also expressed regret that the
proposed legislation would fail to bring to book perpetrators
of human rights injustices prior to 2009 and thus continue the
cycle of impunity. The month ended with the final consolidated
draft of the new constitution being released and made public.
8   Human Rights & National Institutions
G
iven the domestic, regional and international
dynamics of the Zimbabwean situation, we
propose to provide a general picture of how both
the regional and international discourse impacted
on the domestic situation before forecasting our
projection beyond August 2012.
At the regional level, SADC were generally supportive of
the need for further reforms before the elections. This position
corresponded with that taken by civil society in Zimbabwe. How-
ever, the SADC position as outlined in the Communiqué of the
Extraordinary Summit of SADC Heads of State and Government
in Luanda, Angola on 1 June 2012 did not go far. Whilst SADC
acknowledged the stakeholders’ commitment, co-operation
and efforts towards the implementation of the Global Political
Agreement, it urged the parties to the GPA to finalise the consti-
tution-making process and subject it to a referendum thereafter.
The Summit also urged the parties to the GPA, assisted by the
Facilitator, to develop an implementation mechanism and to set
out time frames for the full implementation of the Roadmap to
Elections. This position lacked on the specifics; it did not provide
timelines and did not exhibit tough political will. However,
although this Summit was not a game changer, it was a game-
keeper and maintained the strong stance on Zimbabwe first
exhibited at the SADC Summit in Livingstone in March 2011.
The European Union (“EU”) similarly acknowledged
progress particularly the visit to Zimbabwe of the UN High
Commissioner for Human Rights (UN HCHR) at the invitation of
the GNU. It recognised the improvement that has been achieved
in the human rights situation but added the qualification that
significant areas of concern remain. Consistent with its incre-
mental approach, the EU undertook to further adjust its policy to
recognise progress as it is made by the Zimbabwean parties along
the SADC roadmap. The EU agreed that a peaceful and credible
constitutional referendum would represent an important mile-
stone in preparation towards democratic elections. It reasoned
that this would justify a suspension of the majority of all EU
targeted restrictive measures against individuals and entities.
The EU reaffirmed its partnership with the people of Zim-
babwe. It called on all parties to seize the momentum to complete
implementation of the GPA in preparation for elections in 2013.
Britain played a part in shaping the EU decision. In a
Commons statement on Tuesday 17 July 2012 the Foreign Office
Minister, Alistair Burt, announced that Britain wanted many
of the sanctions on Zimbabwe to be lifted. Viewed in the larger
context, particularly the re-engagement of Burma, this was a
significant change in British Foreign policy under Mr Hague
who is now embracing British traditional diplomacy in contrast
with the New Labour hard-line stance. This stance followed
in the footsteps of Australia, who, through its Foreign Affairs
Ministry had eased sanctions on 5 March 2012 but announced
that it would also continue to prevent the adult children of listed
individuals from studying in Australia and prohibit Defence links
and the sale of military equipment to Zimbabwe.
The United Nations largely shaped thinking on Zimbabwe
during the first half of the year. This began with the adoption of
the Universal Periodic Review report on Zimbabwe on 12 March
2012, where the Zimbabwe government accepted most of the
major recommendations made during its review in October 2011.
During the Session, the United Nations High commissioner for
Human Rights urged the government to engage civil society in the
implementation of the UPR recommendations. This was followed
by the historic first visit to Zimbabwe by Navi Pillay, the UN High
Commissioner for Human Rights. The High Commissioner recom-
mended that sanctions be lifted but she also urged Zimbabwean
President Robert Mugabe to ensure that the upcoming elections
were non-violent and, both free and fair.
Regarding the USA, on 26 July 2012 the United States’
outgoing ambassador to Zimbabwe said that Washington would
only lift sanctions against President Robert Mugabe and his
inner circle if polls are held peacefully. In saying this, there were
in existence disturbing signs of potential violence and pointed
out that given that sanctions were a response to violent elections,
it would be appropriate to remove them if there was a free, fair
and credible election (Bulawayo 24 News, 26 July 2012). He also
urged security chiefs to keep out of politics stating that the role
of the military is to defend the nation which can be achieved by
developing a degree of professionalism and de-link their personal
political convictions from the carrying out of their professional
duties. In this regard the USA retained its moral stance and
upheld the Obama administration’s ideals of non-compromise in
its approach to human rights issues.
On the other hand, the position by the BRICS emerging
powers was mainly dominated by its relationship with China
apart from South Africa which has already been covered above.
China remained largely mute on Zimbabwe although there we
signs of economic ties growing stronger under Zimbabwe’s
‘Look East Policy’ (zmfa.gov.zw). The report issued in June by
Global Witness called into question whether diamond revenue
was financing a parallel government and called for an investi-
gation into the activities of Chinese and Zimbabwean business
interests to ascertain if they were undermining democratic
institutions and contributing to human rights abuses in
Zimbabwe. However, China’s attitude towards human rights
generally and what it might be thinking can be gleaned from
the way it blocked the United Nations Security Council reso-
lution for sanctions on Damascus on 19 July 2012, despite
several appeals for united and concerted action to help end the
escalating violence in Syria.
Regionaland
international
dimension
Zimbabwe Human Rights NGO Forum   9
D
espite the gains in the first half of 2012, the overall
picture remains worrying. As noted above, there is
generally a consensus that while there have been
notable improvements, the structural causes and the
infrastructure of violence remain in place. According
to the Research Advocacy Unit, ZANU PF has clearly devel-
oped a comprehensive strategy for dealing with other parties
competing in elections that strongly draws on its control of
the structures and processes operating in the rural areas. Each
aspect of a villager’s life, from the very ability to occupy land
within the area, access to food, agricultural inputs, and, in some
instances, access to his or her church, may be subject to the
control of ZANU PF. This is accomplished through the control
over formal governmental structures as provided by statute,
the adulteration of these structures and legislated procedures,
through traditional authorities, and through ZANU PF party
structures and personnel in the area in question. In the urban
areas this power is replicated through the enforcement of the
Urban Councils Act which the Minister has used to clamp down
on opposition Councillors, the Public Order and Security Act
which violates fundamental freedoms to assembly and expres-
sion, and the Broadcasting Services Act and related legislation
and practices which control what people hear.
Without a co-ordinated regional and international
effort and continued vigilance and pressure from civil society,
the trend of events exhibited above demonstrates that there
is always the danger of the continuation of “rule by law” in
Zimbabwe rather than the rule of law. There is still a tendency
amongst the former ruling party in Zimbabwe to act in a way
as the ‘Thought Police’ like those in the classic novel by George
Orwell. This tendency, premised on the idea that ‘if you are
not with us, you are against us’ has prevailed in most of the
autocratic regimes. From their perspective, there is no real
difference between neutrality and opposition. Unless stopped in
their tracks, there will likely be increased political surveillance
akin to Michel Foucault’s “Panopticon” with state institutions
increasing their capacity to track individuals.
ZANU PF is still in control of the strategic ministries and
state apparatus such as the Ministry of Defence, Prisons and
the Ministry of Mines and the Office of the President. With the
huge but opaque diamond revenue, they now have off-budget
sources of finance to run a parallel state with its “weapons of
mass destruction”.
This fear is confirmed by Crisis in Zimbabwe Coalition
(24 July 2012) and also by Action Aid Denmark (May, 2012),
wherein they note that there is continued presence, utterances
and interference by the military in civilian political matters and
a lack of political will to realign this critical sector. In addition
they also note the continued non-existence of free political
activity as seen through disruption of rallies, peaceful marches
and meetings organised by political players and civil society. As
recently suggested by Edwin Banda of the Malawi Parliament,
“If an individual won an election by intimidation in 2008 and
they still want to stand in the next election, chances are that
they will still intimidate because nothing has changed, they are
still unpopular”.
Though it would be easy for a free and relatively peaceful
referendum to take place, it is feared that those who continue
to be able to turn on the tap of violence can do so almost at will.
The violence is still there, whenever ZANU-PF and its apparatus
want to carry out some atrocity. They can still do huge damage
at will, and the money from the illegal diamond sales makes it
easier for the violence to be turned on, with the machinery that
they have (per Kate Hoey, UK House of Commons Hansard, 17
July 2012).
There is a general consensus that Mugabe will not give
up power peacefully, or that he will agree to hold a free, fair
and credible election. In the run up to the elections there is a
likelihood of key security personnel running in the ZANU PF
primaries (ibid, Zimbabwe CSOs, May 2012). If these military
people subsequently cause mayhem in the forthcoming elec-
tions, it will be easy for ZANU PF to either deny responsibility
or to justify that mayhem on the basis that the military are
simply protecting Zimbabwean’s sovereignty.
In response to this, civil society needs to come up with a
clear strategy backed by robust communication mechanisms.
They should engage both at grassroots and policy levels. At
grassroots they need to empower communities to be vigilant
not only to vote in peace but also to defend their vote. Latest
communication technology, for example mobile phones and
social media can be explored and utilised in keeping the world
up to date and minimise rigging. However the immediate
priority is to ensure that as many people as possible especially
the youth enrol to vote. A good example is the current “your
vote is your swagger” initiative which is an excellent attempt
to engage the young people. At policy level, civil society should
continue engaging with progressive forces both at local,
regional and international levels but such engagement should
have resonance with what is happening at grassroots level. This
also helps to ensure that there is a quick international response
to any crisis that may arise.
Apart from the possibility of a violent election, elec-
toral fraud is similarly another high possibility. According to
evidence from research, electoral fraud is most likely to occur
during elections in countries where basic freedoms and rights
are not sufficiently guaranteed. Zimbabwe would undoubtedly
fit the typology of a country in which basic freedoms and rights
are not guaranteed, and indeed, since 2000, Zimbabwe has con-
Projections
beyond
August2012
10   Human Rights & National Institutions
sistently been described in the annual Freedom House reports
as a country that is “not free (RAU, May 2012).
Stakeholders’ responses must be coordinated, evi-
dence-based and progress must be measured against agreed
but flexible benchmarks as generally contained in the GPA. An
audit must be carried out measuring not only the change and
progress but also the quality of change and progress, where
implementation of the GPA is concerned (Crisis, July 2012).
Although civil society must continue to uphold the principle of
all the benchmarks contained in the GPA, they also need to be
pragmatic in sequencing their priorities as there is insufficient
time between now until when the elections are constitutionally
due. Some reforms require legislative backing and this will
take time particularly in Zimbabwe’s hung parliament and the
President’s power to withhold consent to signing bills into law.
The international community should continue to support
SADC efforts and in doing so they should remain true to their
incremental approach, staggering engagement in the same
way the UK government has been engaging Burma. Whereas
the international community should lean more towards the
carrot than the stick, SADC should lean more towards the stick
in a reversal of roles. They should form a frontline in the way
they did during apartheid. In doing so SADC leaders should
be reminded that their solidarity should be with the people of
Zimbabwe and not only with the politicians. Engagement with
civil society is a hall mark of the new approach to international
diplomacy (per Council for a Community of Democracies, A
diplomatic Handbook).
SADC and South Africa in particular as the guarantor of
the safety and rights of the Zimbabwean people, must reward
in full the trust bestowed upon them. This should include an
unequivocal refusal by South Africa, leading the rest of SADC,
to excuse or turn a blind eye to any resurgence of violence.
They have a responsibility to the people of Zimbabwe and to
the international community. It is quite encouraging that the
Maputo Communique (August 2012) emphasizes the need for
free and fair elections, insists on timeframes and places the
interests of the nation above politics in no uncertain terms.
All progressive forces within Zimbabwe and the region now
need to effectively follow up on the Maputo Communique in
ensuring that all parties have an equal say in dictating the pace
of reforms and the process leading to the constitutional ref-
erendum and elections. Such an early strategic positioning will
strengthen their position to have an equal say in the electoral
process itself to ensure that the process and outcomes are free,
fair and credible.
On a positive note, and in our view and in the view of the
majority of our stakeholders, the majority of Zimbabweans will
turn out to vote, in spite of all the intimidation and political
machinations and if the people’s vote is amply defended as sug-
gested above, the current silent constitutional revolution that
began when the GPA was signed in 2008 is likely to give birth to
a full constitutional democracy.
Zimbabwe Human Rights NGO Forum   11
Political and civil rights
Politically motivated violence & persecution of Human
Rights Defenders
23.12.2011   Despite an agreement by all three Political
Parties in the inclusive government to end politically motivated
violence, November 2011 was dominated by cases of displace-
ment, assault, harassment and intimidation mainly related to
access to food and aid (ZPP).
n	http://www.zimpeaceproject.com/index.php?option=com_phoca
download&view=category&id=4:zpp-2011-reports
&Itemid=5
24.11.2011   Three staff of the Forum’s member organisation,
the Media Monitoring Project of Zimbabwe, (MMPZ) were
arrested in Gwanda. The three were charged under the Public
Order and Security Act in connection with a community meet-
ing on public information rights. The release of the three was
granted on 16.12.11 and they were remanded out of custody
until 15.1.12.
n	http://www.kubatana.net/html/archive/media/111219misaz.
asp?sector=MEDIA&year=n	http://wwwkubatana.net/html/
archive/media/120111mmpz.asp?sector=MEDIA&year=2012
&range_start=121 2011&range_start=1
T
his section provides detailed events timeline
under identified themes generally grouped into
political and civil rights, institutional reform
international obligations, ecosoc rights, women
and children, gays and lesbians.
Thematic
timeline
25.01.2012   The trio remained charged under section 33 of
the Criminal Law (Codification and Reform) Act which deals
with undermining the authority of or insulting the President
as well section 37 of the same Act outlawing distribution of
materials likely to breach peace.
n	http://www.kubatana.net/html/archive/media/120125mmpz.
asp?sector=MEDIA&year=2012&range_start=91
04.01.2012   In a case perceived to be politically motivated,
WOZA leaders Jenni Williams and Magodonga Mahlangu
appeared in court on charges of kidnapping and theft. WOZA
reported that the trial resumes on 16.1.12 and that with the
many inconsistencies and contradictory witness statements,
they will be applying for a discharge.
n	http://wozazimbabwe.org/?p=1142/
11.01.2012   Police prevent an Anglican annual prayer retreat
in Marondera and solidarity was expressed by the Diocese of
Southwark, Bishop Christopher of Southwark
n	http://www.southwark.anglican.org/news/pr/pr.php?id=1880
23.01.2012   Zimbabwe Lawyers for Human Rights (ZLHR)
issued a HRDs Alert containing the welcome news of the acquit-
tal of Joel Hita, a senior official with the Zimbabwe Human
Rights Association (ZimRights). Joel was charged with organis-
ing a photograph exhibition in Masvingo showing the violence
of the 2008 election period.
n	http://www.zlhr.org.zw/index.php?option=com_content&
task=view&id=43&Itemid=84
08.02.2012   Nine members of Women of Zimbabwe Arise,
including WOZA leader Jenni Williams and five by-standers,
were arrested and mistreated in custody in Bulawayo as they
were meeting JOMIC to report concerns of violations of rights
by the Zimbabwe Republic Police.
n	http://wozazimbabwe.org/?p=1173
n	http://www.kubatana.net/html/archive/demgg/120125ciz.asp?
orgcode=CRI001&year
08.02.2012   A report entitled ‘Every School has a Story to Tell:
A Study into Teacher’s Experiences with Election in Zimbabwe’
was released by the Progressive Teachers Union of Zimbabwe
(PTUZ). It looked at the scope, nature, pattern and impact of
elections in Zimbabwe on service delivery in schools. Based on
a national survey of teachers carried out during April and June
2011 in all ten Provinces, it particularly focused on violations
faced by teachers during election periods, reporting that 51%
of teachers directly experienced political violence whilst 56%
witnessed it.
n	http://www.kubatana.net/html/archive/edutra/110930ptuz.asp?
sector=EDUTRA&year=0&range_start=1
12   Human Rights & National Institutions
13.02.2012   ZANU PF leads a campaign of intimidation in
the Zaka district of Masvingo Province.
n	http://www.zimrights.co.zw/index.php?option=com_
content&view=article&id=41:walk-the-
talk&catid=5:news&Itemid=6
14.02.2012   Global Witness released a report entitled ‘Dia-
monds, a good deal for Zimbabwe’ revealed the link between
diamond revenue and political violence.
n	http://www.globalwitness.org/library/don%E2%80%99t-let-
mugabe-be-your-valentine
17.02.2012   The Masvingo Provincial Governor orders the
suspension of the activities of the 29 NGO’s for allegedly failing
to register their operations in contravention of the law and his
powers.
n	http://www.hrforumzim.org/pressreleases/joint-statement-
of-cso-coalitions-on-further-developments-relating-to-ngos-2/
attachment/joint-statement-of-cso-coalitions-on-further-
developments-relating-to-ngos-2/
23.02.2012   Zimbabwe is cited as being amongst a number of
countries that have witnessed an increase in attacks on human
rights defenders (HRDs) in their homes or offices and intim-
idation of HRDs by the judicial authorities(Annual Report of
Frontline Defenders)
n	http://www.frontlinedefenders.org/files/front_line_defenders
_2012_annual_report_inspiring_hope_and_provoking_a_backlash
_0.pdf
23.01.2012   Torture has become entrenched amongst the
police (ZLHR).
n	http://www.zlhr.org.zw/
28.02.2012   Human rights activist Paul Chizuze of the
Solidarity Peace Trust (SPT) disappeared and has not been seen
since 8.2.12.
n	http://www.solidaritypeacetrust.org/cgi-bin/dada/mail.cgi/
archive/mailings/20120228022655/
27.02.2012   Zimbabwe’s prison conditions described as
horrendous by two women who had just spent nine months in
solitary confinement in Chikurubi Maximum Security Prison
(Legal Monitor)
n	http://www.kubatana.net/html/archive/hr/120227zlhr1.asp?
sector=POLACT&year=0&range_start=1
29.02.2012   Following the purported banning of NGO’s in
Masvingo, some NGOs are being forced to pay exorbitant fees
by local authorities before they are allowed to carry out their
work (CSOs joint statement).
n	http://www.zlhr.org.zw/index.php?option=com_content&
task=view&id=43&Itemid=8
02.03.2012   29 residents of Glenview accused of murdering
police officer Petros Mutedza were indicted and the trial was
to begin in the High Court on 12.3.12 in a case believed to be
politically motivated.
n	http://www.zimrights.co.zw/index.php?option=com_content
&view=article&id=52:glenview-29-indictedglenview-29-
indicted-&catid=5:news&Itemid=6
07.03.2012   COTRAD reported on the suppression of an
attempted demonstration against the banning of 29 NGO’s
in the Province. COTRAD offices are raided and materials
impounded by ‘unidentified men’.
n	http://www.kubatana.net/html/archive/demgg/120306cotrad.
asp?orgcode=COM008&year=0&range_start=1
12.03.2012   Cynthia Manjoro and 28 others are denied bail
and Cynthia with the trail due to appear in court on 09.03.2012
for the alleged murder of police officer Petros Mutedza in May
2011 The Youth Initiative for Democracy awards an honour to
Cynthia’s contribution to Zimbabwe’s democratisation agenda
(ZimRights).
n	http://www.thezimbabwean.co.uk/human-rights/56949/
yidez-honours-cynthia-manjoro.html
n	 http://www.zimbabwesituation.com/mar12_2012.html#Z20 |
13.03.2012   Cases of politically motivated violence remained
high, with 365 incidents recorded in January 2012. ZPP cau-
tioned that with an imminent drought and proposed elections,
a violent election campaign combined with the politicisation
of food aid was likely. The atmosphere remained volatile in the
Midlands, Masvingo and Manicaland provinces (ZPP).
n	http://www.zimpeaceproject.com/index.php?option=com_phoca
download&view=category&id=13:2012-reports&Itemid=5
26.03.2012   The conviction of Munyaradzi Gwisai and the
five others for watching a video on the Arab Spring is described
as harsh and could be perceived, by a reasonable person, as
delivering a political message (ZLHR Legal Monitor).
n	http://www.kubatana.net/html/archive/hr/120326zlhr.asp?org
code=ZIM007&year=0&range_start=1
29.03.2012   The State case against Catholic priest Father
Mkandla and Hwange resident Oliver Chikumba collapses. They
were charged for breach of security laws by convening a healing
service at a school and under the Criminal Law (Codification
and Reform) Act for allegedly uttering a statement concerning
the President (ZLHR Legal Monitor)
n	http://www.zlhr.org.zw/index.php?option=com_content&
task=view&id=43&Itemid=84
Zimbabwe Human Rights NGO Forum   13
30.03.2012   There are 413 incidents of politically motivated
human rights violations in February and noted that this was
up from the 365 witnessed during the month of January 2012.
This follows President Mugabe’s televised birthday speech
during which he said that elections would have to be held this
year, with or without a new constitution.
n	http://www.zimpeaceproject.com/index.php?option=com_phoca
download&view=
02.05.2012   Politically motivated human rights violations
continued in an upward trend during the month of March 2012
which stood at 475 from 413 recorded in February. These were
mainly attributed to inter and intra party fighting in some
provinces as the main political parties geared up for elections
(ZPP)
n	http://www.zimpeaceproject.com/index.php?option=com_phoca
download&view=category&id=13:2012-reports&Itemid=5
07.05.2012  Villagers in Buhera in the province of Mani-
caland were discussing strategies of non-violence to protect
themselves from the kind of election related political violence
witnessed during the 2008 election campaign (ZLHR Legal
Monitor).
n	http://www.kubatana.net/Html/archive/hr/120511zlhr.asp?
sector=LAB&year=0&range_start=1
07.05.2012   ZimRights reports on successful peace-building
workshops in Zaka in the province of Masvingo (ZimRights).
n	http://www.kubatana.net/html/archive/hr/120509zimright.
asp?orgcode=ZIM038&year=0&range_start=1
11.05.2012   Five University of Zimbabwe students were
granted an interim order lifting an indefinite suspension issued
to them by the University of Zimbabwe (SST)
n	http://www.kubatana.net/html/archive/edutra/120511sst.
asp?orgcode=STU002&year=0&range_start=1
26.06.2012   Five employees of the Zimbabwe Human Rights
Association (ZimRights) were briefly arrested and detained
during the week in Karoi as they attempted to hold legal clinics
(ZimRights)
n	http://www.thezimbabwean.co.uk/human-rights/59025/five-
zimrights-personnel-arrested-in.html
18.05.2012  Trial date for the 29 Glenview residents charged
with the murder of police officer Petros Mutedza and in the
meantime they are still in custody.
n	http://www.kubatana.net/html/archive/hr/120518zimright.asp?
orgcode=ZIM038&year=0&range_start=1
29.05.2012   Police in Bulawayo stopped a BPRA leadership
training workshop and confiscated materials (Bulawayo Pro-
gressive Residents Association (BPRA)).
n	http://www.thezimbabwean.co.uk/news/zimbabwe/58347/
residents -voices-issue-71.htm
29.05.2012   A further Press Statement of 29.5.12 reported
on legal efforts to compel the Immigration authorities to
release the passport of BBC classical music presenter, Petroc
Trelawney. The state case is finally dismissed on 31.05.2012
(ZLHR).
n	http://www.zlhr.org.zw/index.php?option=com_content&task=
view&id=54&Itemid=122,n	 http://www.thezimbabwean.co.uk/
human-rights/58588/magistrate-dismisses-state-case-against.html
31.05.2012   Cephas Magura of the MDC (T) is murdered in
Mudzi by ZANU PF supporters during an MDC (T) rally. This
widely condemned by civil society and also by the USA embassy
especially as it comes soon after the visit by the UN HRC High
Commissioner.
n	http://harare.usembassy.gov/mudzi_violence.html
14   Human Rights & National Institutions
Institutional Reforms
Elections and electoral laws
20.01.2012   The Institute for Democratic Alternatives in
Southern Africa released Zimbabwe Election Watch covering
the period from November to December 2011. The Zimbabwe
Election Watch measures Zimbabwe’s electoral environment
against the SADC guidelines governing democratic elections.
n	http://www.idasa.org/our_products/resources/output/
zimbabwe_election_watch_november/
25.01.2012   There is an increasing call for democratic
reforms to be put in place as a precursor to any elections. Cri-
sis Coalition provided a summary of the key benchmarks that
should be met before any elections take place as identified by
eight civil society coalitions and articulated in their state-
ment of 20.12.11. A number of civil society representatives
were preparing to travel to Addis Ababa for the AU Ordinary
Summit to pressure the AU to push Zimbabwe for urgent
electoral reforms.
n	http://www.kubatana.net/html/archive/demgg/120125ciz1.asp?
orgcode=CRI001&year=2012&range_start=31
29.02.2012   President Mugabe continues to call for elections
despite the absence of reforms.
n	http://www.crisiszimbabwe.org/index.php?option=com_content
&view=article&id=708:zimbabwe-briefing-issue-63&catid=
77:zimbabwe-breifing&Itemid=220
01.03.2012   There is an increase in civil society awareness of
breaches of the Global Political Agreement (GPA) recorded dur-
ing December 2011 and January 2012 (Sokwanele ZIGWatch).
n	http://www.sokwanele.com/
09.03.2012   Brian Raftopoulos speaks of the ‘The Shadow of
Elections’.
n	http://www.solidaritypeacetrust.org/
07.02.2012   The NCA noted with dismay the enthusiasm
exhibited by government officials in calling for elections at the
same time ignoring the fundamental need for coming up with a
proper constitution to guarantee people’s rights (NCA).
n	http://www.kubatana.net/html/archive/demgg/120207nca.asp?
sector=ELEC&year=2012&range_start=151
22.02.2012   At his 88th birthday, President Mugabe says he
is not ready to groom a successor, that his party may choose
to reject President Zuma as Facilitator for Zimbabwe and that
elections will take place this year (Crisis).
08/01/2012   There is uncertainty around the Constitutional
Referendum and elections as SADC plans for a Zimbabwe Sum-
mit following the African Union Summit and fears of violence
linked to the reported discovery of gold in Kwekwe.
n	http://www.zimbabweeurope.org/sites/default/files/
ZENweekly012012.pdf
22.02.2012   The findings from 210 long term ZESN observers
deployed in 2011 provides an analysis of the implications for
free and fair elections given the current human rights situation.
ZESN observers noted that in the period police violence culmi-
nated in the death of a civilian and the injury of 11 civilians. It
further noted that the political environment, whilst seeming
calm, was filled with tension.
n	http://www.thezimbabwean.co.uk/human-rights/56477/ballot-
update-consolidated-2011.html
n	 http://www.zesn.org.zw/publications/publication_314.pdf
29.03.2012   IDASA releases its Zimbabwe Election Watch
February 2012 measuring the electoral environment in Zim-
babwe against the SADC Principles and Guidelines Governing
Democratic Elections.
n	http://www.idasa.org/media/uploads/outputs/files/idasa-sito-
zew-feb2012.pdf
03.04.2012   The Zimbabwe Election Support Network (ZESN)
and the SADC Election Support welcome the Declaration of
Global Principles for Non-Partisan Election Observation by
Citizen Organisations launched at the UN on 3.04.12, with the
hope that Zimbabwe and other SADC governments will create a
conducive environment to provide for access and the security of
non-partisan observers and monitors.
n	http://www.gndem.org/declaration-of-global-principles
25.04.2012   There is a twin danger of violence and drought
and asks if Zimbabwe can have a free and fair election (Crisis).
n	http://www.crisiszimbabwe.org/index.php?option=com_content
&view=article&id=912:zimbabwe-briefing-issue-70&catid=77:
zimbabwe-breifing&Itemid=220
02.05.2012   A paper calling for democracy and elections in
Africa and in Zimbabwe was issued on 2.5.12 by the Research
and Advocacy Unit (RAU). Entitled ‘Bucking the Trends: Africa,
Zimbabwe, Demand for Democracy and Elections’.
n	http://researchandadvocacyunit.org/index.php?option=com_
docman&task=doc_details&gid=182&Itemid=90
25.05.2012   The Inclusive Government called to honour its
collective responsibility to further the objectives of the African
Union which are around unity, the promotion of common val-
ues of peace, security and stability and prosperity for Africans
ZLHR).
n	http://www.kubatana.net/html/archive/hr/120524zlhr.asp?
sector=HR&year=2012&range_start=91
Zimbabwe Human Rights NGO Forum   15
08.05.2012   The Institute for Democratic Alternatives in
Southern Africa (IDASA) issued Zimbabwe Election Watch
for April 2012. This measured the electoral environment in
Zimbabwe according to the SADC Principles and Guidelines
Governing Democratic Elections.
n	http://www.idasa.org/newsletters/view/201/2512/
10.05.2012   ZESN noted concern over the further militariza-
tion of the political parties such as ZANU PF.
n	http://www.zesn.org.zw/pub_view.cfm?pid=319
06.06.2012   The SADC Extraordinary Summit insists on
reforms before elections as there was a real danger that the
next 12 months might come and go without significant elec-
toral or constitutional reforms unless SADC increases pressure
on Zimbabwe urgently to institute required reforms (Crisis).
n	http://www.crisiszimbabwe.org/index.php?option=com_content
&view=article&id=1192:zimbabwe-briefing-issue-82&catid=77:
zimbabwe-breifing&Itemid=220
18.06.2012   The army, police, Attorney General’s Office,
Central Intelligence Agency and Prison authorities aided ZANU
PF during the 2008 election period ZLHR).
n	http://www.zlhr.org.zw/images/stories/newsletter/
edition148.pdf
Constitution
10.02.2012   Veritas Constitution Watch reported on a Press
Briefing given by the three co-chairs of the Constitution Select
Committee (COPAC). It reported that the Committee was
reviewing the first draft proposal of the new constitution and
that the positions taken were not yet final. It is also reported
that the end of March was envisioned as the date for a second
All Stakeholders’ Conference.
n	http://www.zimbabwesituation.com/feb12_2012.html#Z15
13.02.2012   The Crisis in Zimbabwe Coalition (Crisis) issued
a Communiqué which also focused on the constitution draft-
ing process. Crisis warned that ZANU PF was attempting to
discredit the draft constitution before its release.
n	http://www.crisiszimbabwe.org/index.php?option=com_content
&view=article&id=652:yet-another-zanu-pf-detraction&
catid=47:news
20.02.2012   A further Veritas Constitution Watch 2012 of
20.2.12 looked at other developments in the constitutional
drafting process. It considered the implications of some of the
provisions of the draft constitution which were leaked, includ-
ing the supposed limitations on Presidential candidates.
n	http://www.thezimbabwean.co.uk/human-rights/56502/
constitution-watch-of-20th-february.html
22.02.2012   The Constitutional Select Committee (COPAC)
released a document, signed by all three COPAC co-Chairs,
which sets out the 26 constitutional principles that guided the
constitution drafting process (Veritas).
n	http://www.thezimbabwean.co.uk/human-rights/56501/
constitution-watch-of-21st-february.html
24.02.2012   Civil society affirms and supports the constitu-
tion making process despite the confusion surrounding it. This
followed a public meeting on the topic (Crisis, ZimRights).
n	http://www.thezimbabwean.co.uk/human-rights/56557/civil-
society-pledges-support-to.html
29.02.2012   The Draft Constitution was still being reviewed
and it ventures a possible revised time-frame on the post draft-
ing stage of the constitutional process.
16   Human Rights & National Institutions
Media
25.01.2012   Zimbabwe was ranked 117th in the 2011 -2012
World Press Freedom Index issued by Reporters without
Borders.
n	http://en.rsf.org/africa-gap-widens-between-good-and-
bad-25-01-2012,41730.html
08.02.2012   The Chair of the Zimbabwe Media Commis-
sion threatens to stop the circulation in Zimbabwe of foreign
newspapers not registered under the Access to Information and
Protection of Privacy. It also reports on the contentious issue of
appointments to key public offices in the Inclusive Government
(Veritas).
n	http://www.zimbabwesituation.com/feb9_2012.html#Z24
27.02.2012   There is an affirmation of the need for a free
media in Southern Africa made at the 7th Regional meeting of
the African Caribbean Pacific -European Union (ACP-EU) Joint
Parliamentary Assembly held in Lusaka, Zambia on 22-24.2.12
(MISA Zambia).
n	http://www.crisiszimbabwe.org/index.php?option=com_content
&view=article&id=734%3Apress-release-misa&Itemid=205
27.02.2012   The Final Communiqué of the ACP-EU JPA
Regional meeting referred to a free media as “a prerequisite to
development in the promotion of democracy, human rights
and good governance”. It also addressed issues of the contri-
bution mineral resources can make to development and the
importance of improving democracy beyond the mere holding
of elections.
n	http://www.europarl.europa.eu/intcoop/acp/2012_lusaka/
default_en.htm
29.02.2012   Women of Zimbabwe Arise (WOZA) collected 99
974 signatures on a petition calling for the reform of the Zim-
babwe Broadcasting Corporation and reduction in the licensing
fees in areas that only have one television station.
n	http://www.kubatana.net/html/archive/women/120228woza.
asp?orgcode=WOM010&year=0&range_start=1
29.02.2012   The Prime Minister Tsvangirai encourages the
use of social media sites as platforms for Zimbabweans to
express themselves in a country that has failed to satisfactorily
diversify its media (MISA SA).
n	http://www.kubatana.net/Html/archive/media/120229misaz.
asp?sector=INFTEC&year=0&range_start=1
01.03.2012   MISA is attacked by the government sponsored
Herald newspaper after seeking people’s views and collecting
signatures on the issue of community radio stations (MISA).
n	http://www.kubatana.net/Html/archive/media/120301misaz.
asp?sector=INFTEC&year=0&range_start=1
02.06.2012   The issue of devolution comes to the fore and
civil society feels that if Zimbabwe is to adopt devolution in the
new constitution, best operational practices should be learnt
from other countries, such as South Africa, to ensure accounta-
bility, openness and responsiveness. ZimRights on 22 June felt
the centralised government in Zimbabwe had already proven its
inability to adequately and equitably share resources amongst
the country’s provinces.
n	http://www.hrforumzim.org/reports/monthly-human-rights-
bulletin/devolution-of-power/attachment/bulletine-73/
n	http://wozazimbabwe.org/?p=1268
n	http://www.crisiszimbabwe.org/index.php?option=com_conten
t&view=article&id=1118%3Azimrights-statement-on-devolution-
of-power&Itemid=219
16.06.2012   The work on the constitution speeded up since
the SADC Summit in Luanda, Angola (Veritas constitution
watch).
n	 http://www.zimbabwesituation.com/jun18_2012.html#Z11
27.06.2012   As speculation and frustration mounted over
when the draft constitution would be made public, over 100
Women of Zimbabwe Arise (WOZA) Human Rights Defenders
were arrested on 27.6.12 following a series of peaceful sit-in
protests demanding the release of the draft constitution.
n	http://wozazimbabwe.org/?p=1300
06.07.2012   A civil society delegation to Namibia to discuss
obstacles in the way of implementing the Global Political Agree-
ment (GPA), SADC’s roadmap to elections in Zimbabwe.
n	http://www.crisiszimbabwe.org/index.php?option=com_content
&view=article&id=1158%3Azimbabwe-civil-society-advocacy-
mission-to-namibia&Itemid=205
19.07.2012   Constitution Watch of 19.7.12 contained the
final consolidated draft of the new constitution as released on
18.7.12.
n	http://www.thezimbabwean.co.uk/news/zimbabwe/59576/the-
second-draft-of-
16.07.2012   The Veritas Constitution Watch 2012 of 16.7.12
provided an update on the on-going constitution making
process. It reported that negotiators reached an agreement over
the second draft and laid out what the next steps might be.
n	 http://www.swradioafrica.com/constitution-watch-2012/
Zimbabwe Human Rights NGO Forum   17
23.02.2012   The decision by Alpha Media Holdings (publish-
ers of Newsday, the Zimbabwe Independent and The Standard)
to appoint retired Supreme Court judge Justice Ahmed Ibrahim
as a public ombudsman is welcomed (MMPZ).
n	http://www.swradioafrica.com/Documents/MMPZ%20
welcomes%20AMH%20Ombudsman.pdf
03/03/2012   MMPZ issued a report for the occasion. It
provided an overall statistical overview on media coverage on
the 16 Days of Activism against Gender Based Violence (GBV)
and a qualitative analysis of the issue.
n	http://www.mmpz.org/category/thematic-reports/thematic-
reports/zimbabwe-media%E2%80%99s-coverage-16-days-
activism-campaign-again
03/03/2012   The Research and Advocacy Unit called for an
end to cyclic political violence against Zimbabwean women as
a way of empowering rural women to eradicate poverty and
hunger.
n	http://www.kubatana.net/html/archive/demgg/120308rau.
asp?orgcode=RES002&year=0&range_start=1
08.03.2012   Concerns raised on the ‘banning’ of ‘The Daily
News’ in several rural areas in Mashonaland East (MISA Zimba-
bwe). n	 http://allafrica.com/stories/201203091292.html
12.03.2012   Four journalists who were covering a story on
pollution were arrested in Nyanyadzi in Manicaland (MISA).
n	http://www.misa.org/cgi-bin/viewnews.cgi?category=2&
id=1331568537
12.03.2012   On access to information it was found that the
Zimbabwe Schools Examination Council (ZIMSEC) is the most
closed public body and the National Arts Council is the most
transparent (MISA Zimbabwe). MISA subsequently reported
this concern at the NGO Forum on Participation in the 51st
Session of the African Commission on Human and People’s
Rights in Banjul, The Gambia from 18.4 -2.5.12.
n	http://www.zimbabwesituation.com/mar13_2012.html#Z17
n	http://www.misa.org/accesstoinformationinafrica.html
02.05.2012   Armed riot police disrupt a road show organised
by Radio Dialogue, a Zimbabwean community radio initiative
(MISA Zimbabwe).
n	http://www.misa.org/policedisruptradioroadshow.html
02.05.2012  Robert Mugabe as one of the world’s ‘predators
of freedom of information (Reporters without Borders).
n	http://en.rsf.org/predator-robert-mugabe,42479.html
03.05.2012   World Press Freedom Day 2012 was commem-
orated on 3.5.12. The 2012 commemorations were held under
the theme ‘Media Freedom has the Power to Transform Socie-
ties’ To mark the day, the Media Institute of Southern Africa
issued the following items of 3.5.12.
A statement issued for World Press Freedom Day
expresses concern about the growing intolerance of media
freedom and freedom of expression across Southern Africa,
including in Zimbabwe.
n	http://www.swradioafrica.com/pages/misa030511.htm
03.05.2012   Despite the media reform mandate given to the
coalition government by the Global Political Agreement, Zim-
babweans are still awaiting the repeal of repressive legislation
(MMPZ).
n	http://www.mmpz.org/category/advocacy/submissions-
presentations/world-press-freedom-day-statement
There was a call for increased commitment by the government
in eradicating media repression and facilitating media diversity,
pluralism and responsible journalism in the country (ZLHR).
n	http://www.zlhr.org.zw/index.php?option=com_content&
task=view&id=55&Itemid=124
11.05.2012   Directors of KISS FM bemoaned the adjudication
process employed by the Broadcasting Authority of Zimbabwe
in the awarding of commercial radio broadcasting licences
(MISA Zimbabwe).
n	http://www.kubatana.net/html/archive/media/120511misaz.
asp?orgcode=MED002&year=0&range_start=1
11.05.2012   MISA proposed a model Public Broadcasting
Charter.
n	http://www.swradioafrica.com/misa-zimbabwe-model-public-
broadcasting-charter/
24.05.2012   The Minister of Media, Information and Public-
ity and the Chair of the Broadcasting Authority of Zimbabwe
(BAZ) appeared before the Parliamentary Portfolio Committee
on Media, Information and Communication Technology to
answer questions on the legality of appointments to the BAZ
Board (MISA).
n	http://www.kubatana.net/html/archive/media/120524misaz1.
asp?orgcode=MED002&year=0&range_start=1
24.05.2012   A lone soldier confiscated newspapers from
vendors selling copies of the Daily News and Newsday in the
Midlands town of Gokwe.
n	 http://www.misa.org/surrendernewspapers.html
18   Human Rights & National Institutions
28.05.2012   There are threats to attack vendors selling
privately owned newspapers made by Zimbabwe Ex-Political
Prisoners, Detainees and Restrictees’ Association (MISA).
n	http://www.kubatana.net/html/archive/media/120528misaz.
asp?orgcode=MED002&year=0&range_start=1
27.06.2012   MISA welcomes the ending of the broadcasting
monopoly of Zimbabwe Broadcasting Authority as the newly
licensed Zimpapers’ Talk Radio Star FM went to air for the first
time and urges it to be independent.
n	http://www.kubatana.net/html/archive/media/120627misaz.
asp?orgcode=MED002&year=0&range_start=1
17.07.2012   MISA reported on the arrest of photojournalist
Aaron Ufameli of the privately owned ‘Newsday’. His arrest
reportedly came as he was covering a demonstration by the
women’s movement in Africa Unity Square in Harare.
n	http://50.87.107.229/~newmisa/index.php/alerts/zimbabwe-
alerts/312-zimbabwean-photojournalist-arrested-forced-to-
erase-images
Legal and Judiciary reforms
02.01.2012   The lapsed Private Member’s Bill to amend the
Public Order and Security Act is gazetted (Veritas).
n	http://www.swradioafrica.com/bill-watch-12012-update-on-
acts-and-statutory-instruments/
10.01.2012  Zimbabwe Lawyers for Human Rights (ZLHR)
issued a Press Statement about the opening of the 2012 Legal
Year. ZLHR welcomed recent positive developments and
expressed the wish that these will improve the efficiency and
the effectiveness of the judiciary. It noted that 2012 is likely
to be a watershed year for Zimbabwe in view of the increased
rights abuses on the general public. ZLHR calls for the judiciary
and legal system to urgently address challenges in order that
this arm of government effectively carries out its mandate of
protecting the rights of all Zimbabweans without fear or favour,
in a timely, professional manner and with transparency and
accountability.
n	http://www.zlhr.org.zw/index.php?option=com_content&
task=view&id=43&Itemid=84
11.01.2012   The High Court dismisses the Attorney General’s
appeal against the Magistrate’s decision to admit MMPZ staff
on bail (see under Operational environment for background to
this case).
n	http://www.kubatana.net/html/archive/media/120111mmpz.
asp?sector=MEDIA&year=2012&range_start=121
23.02.2012   Two people are convicted for political violence
belatedly. Exemplifying the partisan nature of policing and the
unwillingness of the Zimbabwe Republic Police to bring perpe-
trators to justice in cases of a political nature but also showing
signs of judicial independence (Veritas).
n	http://www.zimbabwesituation.com/feb24_2012.html#Z22
30.03.2012   The High Court in Harare grants a Civil Impris-
onment Order against Garikayi Nyamakombo, the perpetrator
of political violence who failed to comply with an earlier order
to pay damages to the victim, Mr Caleb Marange, since most
of the perpetrators of politically motivated violence are in the
habit of ignoring summonses demanding damages for injuries
sustained and property loss suffered as a result of organised
violence and torture (OVT).
n	http://www.hrforumzim.org/wp-content/uploads/2012/03/
Perpetrators-Civil-Imprisonment.pdf
11.04.2012   The Judiciary holds a ceremony to launch a code
of ethics following the coming into force of the Judicial Service
Act in June 2010 (Veritas).
n	http://www.zimbabwesituation.com/apr13_2012.html#Z18
Zimbabwe Human Rights NGO Forum   19
14.05.2012   The Zimbabwean Diaspora demands for justice
for past human rights violations. This emerged from the Transi-
tional Justice to the Diaspora report which was launched by the
Forum’s International Liaison Office on 30.4.12.
n	http://www.kubatana.net/Html/archive/hr/120514zlhr.
asp?sector=
HIVAID&year=0&range_start=1
08.05.2012   The Southern African Litigation Centre (SALC)
and the Zimbabwe Exiles Forum (ZEF) issued a Press Statement
about a landmark ruling in the North Gauteng High Court in
South Africa. The Court ruled that the South African Author-
ities must investigate officials accused of torture or crimes
against humanity in Zimbabwe.
n	http://www.southernafricalitigationcentre.org/news/item/
News_Release_High_Court_Orders_South_African_Authorities_to_
Investigate_Crimes_Against_Humanity_Committed_in_Zimbabwe
29.05.2012   ZimRights applauded the probing and prose-
cution of some constituency leaders over the misuse of the
Constituency Development Funds.
n	http://www.kubatana.net/Html/archive/hr/120229zimright.asp?
sector=HR&year=2012&range_start=331
12.07.2012   Zimbabwe Lawyers for Human Rights (ZLHR)
issued an HRD’s Alert of 12.7.12. It reported that the Supreme
Court dismissed the President’s election application and ruled
that the date for three by-elections in Matabeleland be gazet-
ted.
n	http://www.zlhr.org.zw/index.php?option=com_content&task=
view&id=55&Itemid=124
12.07.2012   Veritas reports on two recent criminal prosecu-
tions by police officers for conduct amounting to torture and
their implications on the culture of impunity and how they
should encourage the government to accede to the UN Conven-
tion against Torture, its Optional Protocol and its two opt-in
articles.
n	http://www.thezimbabwean.co.uk/news/zimbabwe/59448/
court-watch-case-against-torture.html
14.07.2012   Parliament to sit next week to debate Mid-Term
Fiscal Policy review would be presented on 18.7.12. Amended
Electoral Bill and Human Rights Commission Bill have been
sent to the Parliamentary Legal Committee. It observed that
there had been no debate about the restoration to the order
paper of the Private Members Bill seeking to amend POSA (the
Public Order and Security Act).
n	http://www.swradioafrica.com/bill-watch-322012/
Security Sector
08.12.2011   The issue of the appointment of the Service
Chiefs was the subject of a meeting and a Statement between
the Principles to the Global Political Agreement. Amongst other
agreements, the three agreed that the Police Service Commis-
sion must be regularised so that it makes recommendations of
potential candidates to the President.
n	http://www.swradioafrica.com/principals-to-gpa-statement/
19.12.2011   The Solidarity Peace Trust released a paper by
Professor Brian Raftopoulos entitled ‘The Spell of Indecision in
Zimbabwean Politics’. The paper argues that “the dilemmas of
leadership renewal, electoral strategy and a broad vision for the
future have all induced a sense of hesitancy that, in the case of
ZANU PF, manifests itself in renewed aggression and political
hubris”.
n	http://www.solidaritypeacetrust.org/1135/the-spell-of-
indecision -in-zimbabwean-
08.02.2012   The Research and Advocacy Unit (RAU) issued
a note on the re-appointment of the Service Chiefs. The paper
aimed to shed legal light on the debate over the re-appoint-
ment of the Police Commissioner-General, Augustine Chihuri,
amongst other Service Chiefs.
n	http://www.kubatana.net/html/archive/demgg/120208rau.asp?
sector=LEGISL&year=2012&range_start=121
13.02.2012   The issue of the appointment of Service Chiefs;
particularly that of the Police Commissioner-General; was the
focus of a Communiqué on13.2.12 by the Zimbabwe Associa-
tion of Human Rights (ZimRights).
n	http://www.kubatana.net/html/archive/hr/120213zimright.asp?
sector=HR&year=2012&range_start=361
11.05.2012   Concerns are raised over how serving military,
intelligence and police officers have recently come out in the
open about their political affiliations(Crisis).
n	http://www.crisiszimbabwe.org/index.php?option=com_content
&view=article&id=1222:zimbabwe-briefing-issue-73-pdf-778kb&
catid=77:zimbabwe-breifing&Itemid=220
20   Human Rights & National Institutions
Urban Councils
15.05.2012   The Minister of Local Government, Rural and
Urban Development approach the Supreme Court seeking to
stop parliament to debate the Urban Councils Amendment Bill.
n	http://www.zimbabwesituation.com/may16_2012.html#Z24
29.05.2012   ZLHR Press Statement of 29.5.12 provided an
update on the High Court case between MDC (T) Mayor of
Mutare, Brian James and Local Government, Rural and Urban
Development Minister Ignatius Chombo. It reported that the
High Court has upheld an application by James to stop the
disciplinary proceedings brought on him by the Minister.
n	http://www.zlhr.org.zw/index.php?option=com_content&
task=view&id=55&Itemid=124
International & Regional
Obligations
17.02.2012   A Press Release was issued by the High Repre-
sentative of the European Union, Baroness Catherine Ashton.
It announced that the EU had decided to remove 51 individuals
and 20 entities from the visa ban and asset freeze list with
immediate effect. The Press Release pointed out that 112
individuals and 11 entities still considered being involved in
or associated with policies or actions that undermine human
rights, democracy and the rule of law would remain subject to
the measures. On 20.02.2012 Crisis Coalition urges ZANU PF
to reciprocate this good will.
n	http://www.consilium.europa.eu/uedocs/cms_Data/docs/
pressdata /EN/foraff/128029.pdf
n	http://www.crisiszimbabwe.org/index.php?option=com_content
&view=article&id=682%3Atime-for-zanu-pf-to-reciprocate-
goodwill-&Itemid=205
20.02.2012   Report on the court case of two police officers
accused of torturing a woman in a Bulawayo police station, need
to end culture of impunity blamed for the continued torture of
civilians by state agents and the need for the Government of
Zimbabwe to honour its commitment to give consideration to
the ratification of the UN Convention against Torture and other
Cruel, Inhuman and Degrading Treatment during last year’s
Universal Periodic Review at the UN Human Rights Council.
n	http://www.zlhr.org.zw/
22.02.2012   Crisis reflected on whether the recent announce-
ment by Justice Minister Chinamasa that he is lobbying Par-
liament to ratify the Convention against Torture will translate
into action ahead of the UN HRC UPR where Zimbabwe’s
human rights record is due to be scrutinised.
n	http://www.kubatana.net/html/archive/demgg/120223ciz.asp?
sector=MIGR&year=0&range_start=1
05.03.2012   The Australian Ministry of Foreign Affairs issued
a Media Release on 5.3.12 announcing that 82 individuals have
been taken off the autonomous travel and financial sanctions
list for Zimbabwe. It also noted that Australia retained travel
and financial sanctions on 153 individuals and four entities.
Australia announced that it would also continue to prevent the
adult children of listed individuals from studying in Australia
and prohibit Defence links and the sale of military equipment
to Zimbabwe.
n	 http://foreignminister.gov.au/releases/2012/ce_mr_120305.html
Zimbabwe Human Rights NGO Forum   21
13.03.2012   Ahead of the debate on Zimbabwe, which took
place on 15.3.12, the Forum and other partners held a joint side
meeting in the Council on 13.3.12. They went on to make a joint
Oral Statement to the Council during consideration of Zimba-
bwe’s UPR under Agenda Item 6. They also meet the government
delegation
n	http://www.upr-info.org/IMG/pdf/civicus_oral_zimbabwe_2012.pdf
n	http://www.ohchr.org/EN/HRBodies/UPR%5CPAGES%5CZW
Session12.aspx
15.03.2012   Civil society organisations and international
organisations at the19th Session of the Human Rights Council
in Geneva between 27.2 – 23.3.12. The conclusion of the debate
and adoption of the final recommendations relating to the
Universal Periodic Review of Zimbabwe’s human rights record
took place during the 19th Session. Zimbabwe accepts most of
the major recommendations made but rejects those relating to
the investigation of past human rights violations and repeal of
POSA and AIPPA.
n	http://www.ohchr.org/EN/HRBodies/UPR%5CPAGES%5CZW
Session12.aspx
n	http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?
NewsID=11966&LangID=E
14.05.2012   The first ever mission by a human rights chief
to Zimbabwe was announced in a Press Statement issued on
14.5.12 by the United Nations Office of the High Commissioner
for Human Rights. It announced that Madam Navi Pillay, the
UN High Commissioner for Human Rights, would conduct a
five day mission to Zimbabwe from 20 - 25.5.12.
n	http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.
aspx?
NewsID=12151&LangID=E
14.05.2012   The EU’s first interim Economic Partnership
Agreement with Zimbabwe and several other Southern African
states was announced by the EU Trade Commissioner on
14.5.12. A Press Release provided further details.
n	http://trade.ec.europa.eu/doclib/press/index.cfm?id=800
21.05.2012   A joint statement of 21.5.12 was issued by over
50 civil society organisations inside Zimbabwe. It welcomed
the historic visit of the UN Human Rights Commissioner, Navi
Pillay. However, it noted with shock that the Government of
Zimbabwe ambushed civil society plans to meet with the High
Commissioner.
n	http://www.kubatana.net/html/archive/cact/120521zimcsos.
asp?sector=HR&year=2012&range_start=121
n	http://www.kubatana.net/html/archive/hr/120521zimright.
asp?sector=HR&year=2012&range_start=121
24.05.2012   A Press Statement welcoming the visit of the
UN Human Rights Commissioner to Zimbabwe was issued on
24.5.12 by the Zimbabwe Civic Education Trust (ZIMCET). The
Statement also noted with disappointment that some political
actors were trying to paint an overly rosy picture of the human
rights situation in the country by denying the existence of
violence in the country.
n	http://www.thezimbabwean.co.uk/human-rights/58456/united-
nations-high-commissioner-for.html
26.06.2012   June 26th commemorated the UN International
Day in Support of Victims of Torture. 2012 commemorations
were themed around the efficacy of rehabilitation and the right
of torture survivors to access such assistance.
To mark the occasion, the Zimbabwe Human Rights
Forum NGO (the Forum) issued a Press Statement remember-
ing those who have died and those who are destined to spend
the rest of their lives in a state of trauma as a consequence of
torture.
n	http://www.hrforumzim.org/wp-content/uploads/2012/07/26-
June-2012-Press-Statement3.pdf
The Forum pointed to the particular significance of the 2012
commemorations given the commitment by the Government
of Zimbabwe to ratify the UN Convention against Torture,
Cruel, Inhuman and/or Degrading Treatment and its Optional
Protocol and subsequently to criminalise torture.
The Forum urged the Government of Zimbabwe to
urgently translate their commitment into action and implores it
to establish structures and institutions for the rehabilitation of
victims of torture.
26.06.2012   To mark 26 June, the International Liaison
Office of the Zimbabwe Human Rights Forum NGO Forum in
conjunction with The Redress Trust (REDRESS) held a round
table discussion in London centred on what Zimbabwe needs to
do in order to domesticate the UN Convention Against Torture
(“CAT”) and its Optional Protocol (“OP CAT”).
n	http://www.hrforumzim.org/pressreleases/intlo-redress-key-
recommendations-to-anti-torture-law-reform/
26.06.2012   In a statement to commemorating the day, the
UN Secretary-General expressed his support for victims of tor-
ture around the world. He noted that it has been 25 years since
the UN Convention against Torture came into force and yet this
cruel and dehumanizing practice remains pervasive. He called
on states to reverse this trend and demonstrate commitment to
fight torture and impunity. Source:
n	http://www.un.org/en/events/torturevictimsday/2012/
sgmessage.shtml
22   Human Rights & National Institutions
26.06.2012   Commemorating the UN International Day in
Support of Victims of Violence on 26.6.12, the Research and
Advocacy Unit launched a powerful video entitled ‘A State of
Shame: Politically Motivated Rape in Zimbabwe’. The video
profiles the experiences of 5 women who survived politically
motivated rape during the 2008 election period.
n	http://www.youtube.com/watch?v=9UkOXEefXc8
&feature=youtu.be
26.06.2012   A statement marking the UN Day in Support
of Victims of Torture was made by the EU High Representa-
tive, Catherine Ashton on behalf of the European Union. The
EU urged all states to become party to the UN Convention
against Torture, Cruel, Inhuman and Degrading Treatment
and its Optional Protocol. It went on to urge a gender sensi-
tive approach in the fight against torture, cruel, inhuman and
degrading punishment and notes how the EU has launched a
new fund in support of these aims.
n	http://www.consilium.europa.eu/uedocs/cms_Data/docs/
pressdata /en/cfsp/131226.pdf
26.06.2012   Also at the UN Human Rights Council, the
Special Rapporteur on the situation of human rights defenders,
Margaret Sekaggya, mentioned Zimbabwe as being amongst the
countries which her office has long made requests for an official
visit. She noted with regret that requests to visit Zimbabwe are
long outstanding and were made in 2002, 2004, 2008, 2010 and
2011. These remarks came during her fourth report to the UN
Human Rights Council.
n	http://www.ohchr.org/Documents/HRBodies/HRCouncil/
RegularSession/Session19/A-HRC-19-55_en.pdf
23.07.2012   European Union Reviews Zimbabwe’s targeted
measures
18.08.2012   SADC passes a resolution on Zimbabwe, in
Maputo, re-affirming its stance for a free and fair election,
insists on the roadmap and timeframes on the processes includ-
ing the constitutional referendum, strengthening of Jomic etc.
n	http://www.sadc.int/files/7713/4545/0483/Communique_32nd_
Summit_of_Heads_of_States.pdf
ECOSOC RIGHTS
0 8.12.2011   Zimbabwe Human Rights Association (Zim-
Rights) issued a bulletin reporting on the ‘physical and struc-
tural wars’ in the government farming inputs distribution
programme taking place in Hurungwe, Mashonaland West
Province. ZimRights reported that ‘ZANU PF thugs have liter-
ally hijacked the programme to benefit party affiliates’.
n	http://www.kubatana.net/html/archive/hr/120208zimright.asp?
sector=HR&year=2012&range_start=361
01/02/2012   Zimbabwe’s Ministry of Education, Sports Arts
and Culture issued a presentation about the Ministry’s Medium
Term Plan 2011-2015.
n	http://www.kubatana.net/html/archive/demgg/120214moesac.
asp? sector=EDUTRA&year=2012&range_start=61
30.1.12   Workshop participants unbundle the legislative
and policy inconsistencies that prohibit Zimbabweans from
maximizing benefits from natural resource extraction in the
wake of the diamond discoveries in Marange (Natural Resource
Governance Network).
n	http://www.kubatana.net/html/archive/demgg/120305crd.asp?
orgcode=CIV003&year=0&range_start=1
11.02.2012   There is typhoid outbreak which forces the
closure of the Harare Magistrates Court on 10.2.12.
n	http://www.kubatana.net/html/archive/hr/120211zlhr.asp?
sector=HR&year=2012&range_start=361
23.02.2012   Zimbabwe was ranked 173 in the 2011 Human
Development Report released by the United Nations Develop-
ment Programme (UNDP). The report included specific Human
Development Indicators for Zimbabwe
n	http://hdrstats.undp.org/en/countries/profiles/ZWE.html
05.03.2012   The Centre for Research and Development issued
a report of a workshop on the governance of natural resources
which was held in Mutare.
06.03.2012   Ahead of a conference on ‘Healthcare in Africa’
held in Cape Town on 6-7.3.12, a major new report on the
Future of Healthcare in Africa was released on 1.3.12 by the
Economist Intelligence Unit. The report presented a high level
picture of the state of the health challenges on the continent.
n	http://www.janssen-emea.com/future-of-healthcare-africa
Zimbabwe Human Rights NGO Forum   23
07.03.2012   The Committee of the Peoples Charter (CPC)
issued a Press Statement of 7.3.12 in response to statements
made by Joseph Made, the Minister of Agriculture, Mechani-
zation and Irrigation on the 2011-2012 rainy season and the
drought situation. CPC calls on the government not to politicise
the serious food situation.
n	http://peoplescharter.blogspot.co.uk/2012/03/government-
should-not-politicize-hunger.html
24.05.2012   During a further address at the University of
Zimbabwe on 24.5.12, the High Commissioner spoke about
land reform and a range of important issues in the realm of
economic, social and cultural rights, such as the rights to food,
education, health and adequate housing, and issues such as
forced evictions, sanctions, good governance and the need to
fight corruption.
n	http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?
NewsID=12191&LangID=e
24.05.2012   Amnesty International applauded for the work it
does in raising the profile of social, economic, civil and political
rights in Zimbabwe and encouraged it to keep watch on Zim-
babwe as the nation prepares for a referendum and an election
which is normally coupled with an increase in violence (WOZA).
n	 http://wozazimbabwe.org/?p=1261
20.06.2012   A new report was launched on 20.6.12 by Global
Witness entitled ‘Financing a Parallel Government?’ The report
revealed the involvement of the Central Intelligence Organi-
sation (CIO) and military in Zimbabwe’s diamond, cotton and
property sectors. Amongst a number of recommendations, it
called for investigations into the activities of certain Chinese
and Zimbabwean business interests to ascertain if they under-
mine democratic institutions and contribute to human rights
abuses in Zimbabwe. It also called on consumers not to buy
diamonds originating from Marange until they can be certain
that they do not fund the CIO, police and military.
n	http://www.globalwitness.org/library/financing-parallel-
government-Zimbabwe
27.06.2012   There is on-going concern about the lack of
transparency and accountability regarding the revenue from
Marange diamond fields and also indigenisation. There is need
to ensure that diamond revenue is not used to fund violence
ahead of the next elections Crisis).
n	http://www.crisiszimbabwe.org/index.php?option=com_
content&view=article&id=1140:zimbabwe-briefing-issue-80-pdf-
1-mb&catid=77:zimbabwe-breifing&Itemid=220
02.04.2012   Proposals are made for a community-based
approach to sustainable development and the role of civil
society in Zimbabwe (Solidarity Trust).
n	http://www.solidaritypeacetrust.org/1159/community-based-
approach-to-sustainable-development/
17.07.2012   The UK House of Parliament debated the issue
of Zimbabwe’s diamonds on 17.7.12. A transcript of the debate
can be accessed via the Parliamentary Hansard via:
n	http://www.publications.parliament.uk/pacm201213/cmhansrd/
cm120717/halltext/120717h0001.htm#12071765000001
17.07.2012   Sokwanele issued another in its on-going series
about land issues in Zimbabwe. A posting was issued on 17.7.12
by Mandivamba Rukuni who chaired the Commission of Inquiry
into Land Tenure Systems in Zimbabwe in 1994. Entitled ’Why
Zimbabwe needs to maintain a multi-form land tenure system’,
this item can be accessed on line via the following link:
n	http://www.sokwanele.com/
18.07.2012   Indigenisation programme is a euphemism for
national asset stripping (Crisis).
n	http://www.crisiszimbabwe.org/index.php?option=com_
content& view=article&id=1192:zimbabwe-briefing-issue-
82&catid=77:zimbabwe-breifing&Itemid=220
10.04.2012   The Centre for Research and Development (CRD)
issued a statement expressing shock at pronouncements by the
Minister of Youth Development, Indigenisation and Economic
Empowerment about the compulsory acquisition of 51% stake
in all foreign owned mines in Zimbabwe.
n	http://www.kubatana.net/html/archive/demgg/120410crd.asp?
orgcode=CIV003&year=0&range_start=1
24   Human Rights & National Institutions
Women & Children
11.01.2012   Zimbabwe Lawyers for Human Rights (ZLHR)
HRDs Alert reported on the case of a four-year-old school boy
who was refused enrolment to school because of his dreadlocks.
ZLHR notes that this violated the child’s constitutionally
protected freedoms.
n	http://www.kubatana.net/html/archive/hr/120111zlhr1.asp?
sector=HR&year=2012&rangestart=421
08.03.2012   Marking the International Women’s Day themed
around the empowerment of women and the ending of hunger
and poverty
08.03.2012   A statement to mark International Women’s Day
was issued on 8.3.12 by Michelle Bechelet of UN Women.
n	http://www.unwomen.org/2012/03/message-of-michelle-
bachelet-executive-director-of-un-women-on-international-
womens-day-2012/
08.03.2012   There are calls for improvements in child and
maternal health care. It also considered how elections without
reforms in Zimbabwe would be a disaster for the region.
n	http://www.crisiszimbabwe.org/index.php?option=com_content
&view=article&id=728:zimbabwe-briefing-issue-64&catid=77:
zimbabwe-breifing&Itemid=220
09.03.2012   Report on progress in the constitution making
process in regard to the inclusion of children’s rights in the
constitution (Justice for Children Trust (JCT).
n	http://www.kubatana.net/html/archive/chiyou/120309jct.asp?
orgcode=JUS003&year=0&range_start=1
15.03.2012   The gender based violence and politically moti-
vated rape faced by women in Zimbabwe; particularly during
election periods; was the subject of a strident address AIDS- Free
World. He spoke at the 19th Session of the UN Human Rights
Council on the occasion of International Women’s Day. Mr Lewis
was deeply critical of the UN Secretary General for leaving Zim-
babwe off the ‘naming and shaming’ list of countries which have
conflict related sexual violence. Comparing Zimbabwe to many of
the other countries named in the UN report, he said that “Robert
Mugabe’s Zimbabwe beats them all for the scale of oppression
and rape”.
n	http://www.aidsfreeworld.org/Publications-Multimedia/
Speeches/Honor-Women-by-Naming-and-Shaming-Zimbabwe.aspx
15.03.2012   The Research and Advocacy Unit (RAU) issued a
paper entitled ‘Sold to the highest bidder – the role of lobola in
modern Zimbabwe’. RAU noted that as the debate on unfolds
it might be important to evaluate the role of lobola (or bride-
price) in women’s lives, and to interrogate whether it has
become more of a harmful cultural practice than a constructive
one.
n	http://www.kubatanablogs.net/kubatana/?cat=227
18.06.2012   A new blog was produced by the Research
and Advocacy Unit (RAU). The blog of 18.6.12 looked at the
attitudes behind newspaper to gender following a newspaper
report about the claim by a single mother for child mainte-
nance. The blog was entitled ‘I would claim $3000 too’.
n	http://researchandadvocacyunit.wordpress.com/2012/06/18/
i-would-claim-3000-too/
22.06.2012   A new report on women and political violence in
the context of imminent elections was released by the Research
and Advocacy Unit (RAU). The report was entitled ‘Do we really
matter? Women’s voices on politics, participation and violence’,
concludes that politics takes precedence over everything in
Zimbabwe. It observes that violence is seen to be part and
parcel of politics.
n	http://www.researchandadvocacyunit.org/
index.php?option=com_docman&task=cat_
view&Itemid=90&gid=54&orderby=dmdate_published
26.06.2012   Reflecting on his three years in Zimbabwe, the
US Ambassador to Zimbabwe, Charles Ray made a presentation
on 26.6.12 about how young people can build a better country.
n	http://harare.usembassy.gov/amb_speeches/three-years-in-
zimbabwe-how-i-see-young-people-building-a-better-country.
html
23.07.2012   ZLHR reports on how the police are abusing
their position with women
Zimbabwe Human Rights NGO Forum   25
Gays & Lesbians
24.02.2012   Taurai Zhanje is the first Zimbabwean and,
amongst one of only four African contestants, to enter the Mr.
Gay World Pageant. GALZ saluted Taurai’s courage in entering
the contest given the intense climate of homophobia and
restrictive legislation which prevents openness about sexuality.
GALZ observes that whilst it does not expect every individual
Zimbabwean to embrace gay rights, it hopes all Zimbabweans
will understand and promote the fundamental, inalienable and
indivisible nature of human rights, including non-discrimi-
nation on the basis of race, gender, tribe, culture and sexual
orientation (GALZ).
n	http://www.kubatana.net/Html/archive/sexual/120224galz.asp?
sector=SEXUAL&year=0&range_start=1
15.05.2012   Serious concern at utterances attributed to the
Minister of Local Government, Rural and Urban Development,
Ignatius Chombo. The Minister allegedly urged chiefs to banish
those who support homosexuality from their areas and to take
away their land. Entitled ‘Kick out gays’ the article in question
appeared on 11.5.12 in the State-run Bulawayo-based newspa-
per, the Chronicle. ZLHR expressed fears that the Minister’s
alleged utterances might cause a round of fresh evictions
(ZLHR).
n	http://www.zlhr.org.zw/index.php?option=com_content&
task=view&id=55&Itemid=124
17.05.2012  Gays and Lesbians of Zimbabwe (GALZ) issued
a Statement marking the International Day against Homopho-
bia and Transphobia on 17.5.12. GALZ noted that it marked
the day “to reflect on the daily struggles of LGBTI people and
their families in an environment where homophobia is almost
institutionalised”.
n	http://www.kubatana.net/html/archive/sexual/120517galz.asp?
orgcode=GAY001&year=0&range_start=1
The Disabled
22.02.2012   The Integrated Regional Network (IRIN) of the
UN’s Office for the Co-ordination of Humanitarian Affairs
(OCHA) released a short film entitled ‘Out of Sight’. The film
explores the lives of blind undocumented migrants from
Zimbabwe as they eke out a living begging on the streets of
Johannesburg.
n	http://www.irinnews.org/Film/?id=4886
26   Human Rights & National Institutions
T
he Zimbabwe Human Rights NGO Forum (also
known as the Human Rights Forum) is a coalition of
nineteen human rights organizations.
The Forum has been in existence since January
1998 when non-governmental organizations working
in the field of human rights came together to provide legal
and psycho-social assistance to the victims of the food riots of
January 1998.
The Human Rights Forum has four operational units:
n	 The Public Interest Unit
n	 The Research Unit
n	 The Transitional Justice Unit
n	 International Liaison Office
The Human Rights Forum works in close collaboration with its
member organizations to provide legal and psycho-social services
to victims of organized violence and torture and to document
all human rights violations, particularly politically motivated
violence.
Aboutthe
Zimbabwe
HumanRights
NGOForum
The Human Rights Forum can be contacted through
any member organization or through:
The Executive Director, P.O. Box 9077, Harare
8th Floor Blue Bridge North, Eastgate, Harare
Telephone: +263 4 250511
Fax: +263 4 250494
E-mail: admin@hrforum.co.zw
International Liaison Office,
1B Waterlow Road, London N19 5JN
E-mail: IntLO@hrforumzim.com
Telephone: 00 44 207619 3641
Human-Rights-National-Institutions-Print-Ready
Member Organizations of the Zimbabwe Human
Rights NGO Forum include:
Amnesty International (Zimbabwe)
Catholic Commission for Justice and Peace in Zimbabwe
Gays and Lesbians of Zimbabwe
Justice for Children Trust
Legal Resources Foundation
Media Institute of Southern Africa
Media Monitoring Project of Zimbabwe Non-violent Action
and Strategic for Social Change
Research and Advocacy Unit
Student Solidarity Trust Transparency International
(Zimbabwe)
Women of Zimbabwe Arise
Zimbabwe Association of Crime Prevention and the
Rehabilitation of the Offender
Zimbabwe Association of Doctors for
Human Rights
Zimbabwe Association of Human Rights Zimbabwe Civic
Education Trust
Zimbabwe Lawyers for Human Rights
Zimbabwe Peace Project (ZPP)
Zimbabwe Women Lawyers’ Association
The Executive Director, P.O. Box 9077, Harare
8th Floor Blue Bridge North, Eastgate, Harare
Telephone:+263 4 250511
Fax:+263 4 250494
E-mail:admin@hrforum.co.zw
International Liaison Office,
1B Waterlow Road, London N19 5JN
E-mail:IntLO@hrforumzim.com
Telephone:00 44 207619 3641

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Human-Rights-National-Institutions-Print-Ready

  • 1. Zimbabwe Human Rights NGO Forum Human Rights & National Institutions ReportDecember 2011 – July 2012
  • 2. Executive summary 3 About the report 4 Introduction 5 Regional and international dimension 8 Projections beyond August 2012 9 Thematic timeline 11 About the Zimbabwe Human Rights NGO Forum 26 Contents Dedicated to Eileen May Sawyer Her humane values and ideals are immortalised in the reports she edited and engraved in the hearts she touched
  • 3. Zimbabwe Human Rights NGO Forum   3 2 012 so far has been potentially monumental for the realisation of human rights, the rule of law and democracy in Zimbabwe. Despite several pol- icy and legislative initiatives, progress has been unsatisfactory. A general lack of political will and self interest still stand as key barriers to the resolution of key national concerns and full enjoyment of human rights by all. Commendably, there have been recognisable attempts to implement the Global Political Agreement (GPA). This included the initial progress in the constitution making process, sporadic calls for peace, and the proposed judicial and quasi-judicial reforms. Further, the government also accepted most of the major recommendations during Zimbabwe’s Universal Periodic Review at the UN HRC. It has since invited civil society to work on a national imple- mentation action plan. Coupled with this was the historic visit to Zimbabwe by the UN HRC Human Rights High Commissioner at the Government’s invitation. However, current reforms remain unsatisfactory. Particularly worrying was the government’s rejection of the recommendation to investigate pre-2009 politically moti- vated violence. This position was confirmed in the limited temporal jurisdiction of the Human Rights Commission. Further, the structural causes of violence remain in place. The operating environment remains tense and highly polar- ised. This is evidenced by the current persecution of Human Rights Defenders, limited media freedom and the threat to NGOS. Also of grave concern is the delay in the finalisation of the constitution. In light of this, civil society needs to remain resolute to ensure that minimum conditions for the holding of the impending constitutional referendum and elections are put in place. Abel Chikomo Executive Director Executive summary
  • 4. 4   Human Rights & National Institutions T his Report has been produced by the International Liaison Office (“IntLO”) of the Zimbabwe Human Rights NGO Forum (“ZHRF” or the “Forum”) for use by Zimbabwe human rights advocates and activists and our regional and international stakeholders. The Report provides information and analysis on developments in Zimbabwe since December 2011. The information covered relates to human rights and institutional reform covering institutions that span the three arms of the state. In particular, the thematic areas covered in the Report encompass the spec- trum of the Forum’s mission to reduce organized violence and torture, cruel inhuman and degrading treatment; to challenge impunity and to foster a culture of accountability and the build- ing of institutions of non-violence, tolerance and the respect for human rights in Zimbabwe. The Report also includes an aspect on the international perspective as it is meant to compliment the national perspective provided by the Forum’s Research and Documentation Unit based in Harare. The report was issued on 1 September 2012. In this Report, the name ZHRF is sometimes used in its narrow sense to refer to the Secretariat but sometimes in its wider sense to encompass its member organisations listed in the Appendix. The Report is compiled wholly from material produced by a wide range of information drawn from the Forum’s members and local and international partners. The Report is generally divided into two sections. The first section is a summary of events mainly meant for those who want to have a cursory appreciation of the broad terrain during the period under review (December 2011-July 2012 and also a few develop- ments in August 2012).This part also contains our, and our stakeholders’, understanding and interpretation of events. The second part of the Report provides detailed evidence dividing the main thematic areas including political and civil rights, institutional reform international obligations, ecosoc rights, and rights of disadvantaged groups, for example women and children, gays and lesbians. In line with our evidence based advocacy policy, this part aims to provide a compilation of extracts from the source material identified, focusing on the main and recurring themes both at policy and practice levels. All information in the Report is attributed, throughout the text, to the original source material, all of which is accessible through the specified web links. The Report is not intended to be a detailed or comprehensive survey but a tracking, monitor- ing and evaluation tool of the areas covered. For a more detailed account, the relevant source documents should be examined directly. The structure and format of the Report reflects what we consider to be the information needs of our stakeholders, usually busy advocates and policy makers who do not have suffi- cient time to scour through detailed reports. In line with our revised communication strategy we aim to present a quick and well-presented information for decision making but can always request detailed documents or access web links for specific and detailed information. The information included in this Report is limited to that which can be identified from source documents. While every effort is made to cover all relevant aspects of a particular topic, it is not always possible to obtain the information concerned. For this reason, it is important to note that information included in the Report should not be taken to imply anything beyond what is actually stated. For example, if it is stated that a particular law has been passed, this should not be taken to imply that it has been effectively implemented unless stated. Similarly, the absence of information does not necessarily mean that, for example, a particular event or action did not occur. As noted above, the Report is a compilation of extracts produced by a number of information sources. Rigorous attempts have been made to resolve discrepancies between information provided in different source documents. The Report is based substantially upon source documents issued during the previous six months. However, some older source documents may have been included because it contains relevant information not available in more recent documents. All sources contain information considered relevant at the time this Report was issued. This Report and the accompanying source material are public documents. All Reports are published on the Forum web- site and the great majority of the source material for the Report is readily available in the public domain. Where the source documents identified are available in electronic form, the rele- vant weblink has been included, together with the date that the item was released. Copies of less accessible source documents, such as those provided by government offices or subscription services, are available from IntLO upon request. In producing this Report, IntLO has sought to provide an accurate, up to date, balanced and impartial compilation of extracts of the available source material. Any comments regard- ing this Report or suggestions for additional source material are very welcome and should be submitted to IntLO as below. Zimbabwe Human Rights NGO Forum London, N19 5NJ Telephone: 00 44 207619 3641 Email: [email protected] Aboutthe report
  • 5. Zimbabwe Human Rights NGO Forum   5 Z imbabwe has been ruled by an Inclusive Government (IG) since February 2009 which followed the signing of a political agreement in September 2008, other- wise known as the Global Political Agreement (GPA). The agreement followed disputed elections in March 2008 characterised by voter intimidation and electoral fraud. The March 2008 elections failed to elect a president in terms of the Zimbabwean constitution. The main opposition leader, Morgan Tsvangirai, withdrew from the second round held in June 2008 due to widespread and escalating violence. Presi- dent Mugabe was declared a winner. The negotiations leading to the formation of the IG were mediated by the Southern African Development Community (SADC) who were mandated by the African Union to mediate and facilitate talks between the main political parties and to ensure compliance with the benchmarks stipulated under the GPA before the holding of any further election. The details of the GPA are beyond the purview of this report but can be accessed on the following link: http://www. copac.org.zw/phocadownload/GNU/gpa.pdf Although there has been commendable progress since the coming into force of the IG, major challenges and hurdles still remain. Repressive and anarchic conditions still obtain in Zimbabwe and have been institutionalised under the law, for example, under the so called indigenisation drive. Further, the risk of being persecuted is all too real and predictable, albeit, on the evidence currently available, the incidence of that persecu- tion is likely to be both random and arbitrary. There is currently a ‘rule by law’ rather than rule of law which has created an environment where people avoid state persecution by engaging in mendacity, fabricating loyalty or remaining mute about their political views. This is an antithesis to the credentials of truly democratic societies where individuals should be free to hold opinions and exercise their fundamental rights. In 2008, at least 23,755 cases of politically motivated vio- lence were recorded, decreasing to about 14,725 in 2009 whilst 2010 had over 10,695. Hot spots for the 2008 election violence continued to witness violence. The ZPP recorded 365 incidents of violence in January 2012, 413 in February 2012, and 475 in March 2012, with a drop in June as the talks about elections calmed down due to SADC insisting that elections should be held after the new constitution (http://www.zimpeaceproject.com/) According to ZPP July 2012 Report, the month of July witnessed a decrease in the number of politically motivated human rights violations of 375 cases down from the 421 witnessed in June. This is despite a rise in political tensions. Of particular concern were the politically-motivated murder of Simbarashe Nemaura by John ‘Hussein’ Chari- his subordinate at work and long-time political rival and the resurgence of terror bases mainly across in Mashonaland West, Central and East provinces and Masvingo province. Although the period under review witnessed potentially monumental developments with various policy incursions and warming up of international relations, hardliners in the ZANU PF Politburo have remained uncompromising and even scoffed at positive international overtures. Their demands, particularly with regard to the constitution have stalled progress which ZANU PF technocrats had agreed with other stakeholders at policy levels. Further the Zimbabwe Human Rights Bill which passed into law, and has wide ranging constitutional signifi- cance failed to meet international standards in its ambit. Among some of the pertinent issues identified by Zimba- bwean civil society and other stakeholders were: n The need to end the culture of impunity by domesti- cating UNCAT, its optional protocols and criminalising torture n For the police and Attorney General’s office to hon- our their constitutional and legislative mandates to investi- gate and prosecute perpetrators of human rights violations during the 2008 presidential elections n For the Zimbabwe Human Rights Commission to comply with the Paris Principles. n Commitment by government to protect Human Rights Defenders and not to interfere with their legitimate activities n Time-bound reform of key national institutions such as the Attorney General’s office, police, security sector, the constitution and local authority governance. n Media reform to ensure equal access by all political parties to the state media, the liberalisation of the media and reconstitution of the media governance so as to guar- antee the fundamental freedom relating to the right to free expression n Repeal of repressive legislation such as Public Order and Security Act, Access to Information and Protection of Privacy Act as well as the Urban councils Act n For the government not to interfere with civilian processes such as the constitution making and impending referendum and for the elections to be contingent upon the fulfilment of the above minimum conditions. n Electoral reforms including updating of the voters’ roll. Introduction
  • 6. 6   Human Rights & National Institutions Following now is a month by month general breakdown of the situation insofar as it relates to the human rights situation and institutional reform in the first half of 2012. January 2012   was characterised by the harassment of Human Rights Defenders as evidenced by the arrest of members of the Media Monitoring Project of Zimbabwe and Women of Zimbabwe Arise and the intimidation of the Anglican community. Despite the agreement to end politi- cally motivated violence made by all three political parties in the GNU, this trend which had been reported at the end of 2011 in the November Monitoring Report produced by the Zimbabwe Peace Project, continued. Zimbabwean civil society organisations declared that 2012 was a year for key democratic reforms, essential if the country was to hold free and fair elections. At the close of 2011, eight Civil Society Coalitions issued a statement reiter- ating the key benchmarks that should be met before elections could be held. 2012 was anticipated to be a watershed year for Zim- babwe. Urgent challenges in the political, judicial and legal arenas all presented themselves. However, as the Solidarity Peace Trust observed; a ‘spell of indecision’ hung over Zimba- bwean politics as the year got underway. The constitutional reform process was cloaked in uncertainty. The memory of the violence that characterised the 2008 election period left the population fearful. There was no legislative progress in the month as Parliament was adjourned until the 28th February 2012. Amongst the outstanding legislation lapsed Bills awaiting restoration to the Order Paper included the Public Order and Security (POSA) Amendment Bill (a Private Member’s Bill), the Electoral Amendment Bill and the Zimbabwe Human Rights Commission Amendment Bill. February 2012   began with the continued harassment of Human Rights Defenders and drew to a close with a warning bell against NGO’s as the Provincial Governor of Masvingo announced that 29 NGO’s were to be ‘banned’ from operating in the area. The mechanism for the appointment of key public office holders came under the spotlight as the President unilaterally announced the re-appointment of Service Chiefs including the Police Commissioner-General. As the President celebrated his 88th birthday with lavish celebrations in Mutare, Harare witnessed an outbreak of typhoid. Increasingly strident calls for elections raised fears that the country might go to an election without a new constitu- tion and key democratic reforms. However, the constitutional drafting process inched forward and a first draft was under consideration. The possibility of Zimbabwe and the Euro- pean Union embarking on re-engagement talks was further enabled when the EU announced the revision of the targeted measures on Zimbabwe and the removal of 51 individuals and 20 entities from a visa and asset freeze ban. February 2012 ended with anticipation. The question on everyone’s lips was how far the Government would go in committing to the protection and promotion of human rights during the final adoption of Zimbabwe’s Universal Periodic Review at the UN Human Rights Council. March 2012   began with a revelation about the torrid conditions inside Zimbabwe’s prisons highlighted by women human rights defenders. The cyclical political violence against Zimbabwean women was highlighted during commemorations of International Women’s Day. The repressive environment for media practitioners and the lack of reforms in the media was exemplified by the arrest of journalists and the banning of the sale of independent newspapers in certain rural areas. The alarming state of Zimbabwe’s justice system was highlighted by the harsh sentence against social rights activists convicted for watching media footage of the Egyptian risings. Meanwhile, the constitutional drafting process dragged on and the legislative reform progress was stalled again as Parliament adjourned once again. Australia also announced an easing of its travel and financial sanctions. The most encouraging developments came from the acceptance by the Government of Zimbabwe of a number of key human rights recommendations arising out of the Universal Periodic Review of Zimbabwe at the UN Human Rights Council. Most notable amongst these was the commitment to ratify the Convention against Torture and its Optional Protocols. April 2012   commemorated Zimbabwe’s 32nd year of inde- pendence, the President and his supporters continued to call for an early election. There were continued concerns over the slow pace of reforms and fears that the constitution might not be ready before an election. Concern was also raised about the pronouncements by the Minister of Youth Development, Indi- genisation and Economic Empowerment about the compulsory acquisition of 51% stake in foreign owned mines in Zimbabwe. The month ended with the launch in London of the ‘Taking Transitional Justice to the Diaspora Outreach’ report by the Forum’s International Liaison Office. Honourable Moses Mzila Ndlovu, the Co-Chair of the Organ on National Healing, Reconciliation and Integration accepted the report at an event in London but voiced doubt as to whether justice for the victims of political violence would be possible in the current environment. May 2012   began with World Press Freedom Day which pro- vided an opportunity for civil society organisations to express concern about the growing intolerance of media freedom in the country and the lack of progress in repealing repressive media legislation. The Zimbabwe Peace Project confirmed that the ramping up of calls for elections had resulted in an increased level of inter and intra party political violence in previous months. After a lengthy recess, Parliament finally resumed sitting and its legislative work included the Human Rights Commission Bill and the Electoral Amendment Bill. Victims of political violence were provided some comfort by news of a landmark South African High Court ruling that the South African authorities must investigate Zimbabwean officials in South Africa accused of torture or crimes against humanity in Zimbabwe. Two particularly positive developments took place in May. The first was an initial meeting between the Zimbabwean Ministerial re-engagement team and the European Union. The Zimbabwean ministerial team pressed for the full removal of
  • 7. Zimbabwe Human Rights NGO Forum   7 sanctions whilst the EU recognised progress and encouraged the continuation of the reform process. The second positive development in the month was the first ever visit to Zimbabwe by the United Nations High Commissioner for Human Rights. Despite attempts by Gov- ernment to hijack the High Commissioner’s meetings with civil society, civil society had the opportunity to meet and brief her and the High Commissioner addressed critical issues, including calling for peaceful, free and fair elections. Barely 24 hours after the departure of the UN Chief, there was shock and sadness as MDC activist Cephas Magura was violently attacked and murdered in the full view of the police. The incident provided a chilling example of the partisan nature of policing in the country and underlined the urgent need for reforms. June 2012   witnessed further positive developments as the region continued to maintain a strong stance on Zimbabwe. The SADC Summit in Luanda at the beginning of the month effectively put an end to calls for an early election without an agreed and acceptable electoral structure being in place as envisaged by the GPA. The role of the military in the diamond fields and the possibility that diamond revenue might finance election violence was raised in a report by Global Witness also issued in June. Impetus towards the drafting of the new constitution began to pick up pace thereafter and devolution of power emerged as one of the key sticking issues The UN International Day in Support of Torture Vic- tims provided an opportunity for the Forum to point to the particular significance of the 2012 commemorations given the Government’s commitment to ratify the UN Convention against Torture, Cruel, Inhuman and/or Degrading Treatment and its Optional Protocol. July 2012   featured the intimidation of key human rights defenders as the Forum’s Executive Director was summonsed to answer charges of running an illegal organisation. Legislative progress was made during the month as the amended Electoral Bill and Human Rights Commission Bill passed quickly through both houses of Parliament to await Presidential assent. Civil society organisations welcomed the establishment of the country’s first framework for considering human rights violations but expressed concern that the Zimbabwe Human Rights Commission did not conform with the ‘Paris Principles’ which amongst other things highlights the need for the inde- pendence of such bodies. They also expressed regret that the proposed legislation would fail to bring to book perpetrators of human rights injustices prior to 2009 and thus continue the cycle of impunity. The month ended with the final consolidated draft of the new constitution being released and made public.
  • 8. 8   Human Rights & National Institutions G iven the domestic, regional and international dynamics of the Zimbabwean situation, we propose to provide a general picture of how both the regional and international discourse impacted on the domestic situation before forecasting our projection beyond August 2012. At the regional level, SADC were generally supportive of the need for further reforms before the elections. This position corresponded with that taken by civil society in Zimbabwe. How- ever, the SADC position as outlined in the Communiqué of the Extraordinary Summit of SADC Heads of State and Government in Luanda, Angola on 1 June 2012 did not go far. Whilst SADC acknowledged the stakeholders’ commitment, co-operation and efforts towards the implementation of the Global Political Agreement, it urged the parties to the GPA to finalise the consti- tution-making process and subject it to a referendum thereafter. The Summit also urged the parties to the GPA, assisted by the Facilitator, to develop an implementation mechanism and to set out time frames for the full implementation of the Roadmap to Elections. This position lacked on the specifics; it did not provide timelines and did not exhibit tough political will. However, although this Summit was not a game changer, it was a game- keeper and maintained the strong stance on Zimbabwe first exhibited at the SADC Summit in Livingstone in March 2011. The European Union (“EU”) similarly acknowledged progress particularly the visit to Zimbabwe of the UN High Commissioner for Human Rights (UN HCHR) at the invitation of the GNU. It recognised the improvement that has been achieved in the human rights situation but added the qualification that significant areas of concern remain. Consistent with its incre- mental approach, the EU undertook to further adjust its policy to recognise progress as it is made by the Zimbabwean parties along the SADC roadmap. The EU agreed that a peaceful and credible constitutional referendum would represent an important mile- stone in preparation towards democratic elections. It reasoned that this would justify a suspension of the majority of all EU targeted restrictive measures against individuals and entities. The EU reaffirmed its partnership with the people of Zim- babwe. It called on all parties to seize the momentum to complete implementation of the GPA in preparation for elections in 2013. Britain played a part in shaping the EU decision. In a Commons statement on Tuesday 17 July 2012 the Foreign Office Minister, Alistair Burt, announced that Britain wanted many of the sanctions on Zimbabwe to be lifted. Viewed in the larger context, particularly the re-engagement of Burma, this was a significant change in British Foreign policy under Mr Hague who is now embracing British traditional diplomacy in contrast with the New Labour hard-line stance. This stance followed in the footsteps of Australia, who, through its Foreign Affairs Ministry had eased sanctions on 5 March 2012 but announced that it would also continue to prevent the adult children of listed individuals from studying in Australia and prohibit Defence links and the sale of military equipment to Zimbabwe. The United Nations largely shaped thinking on Zimbabwe during the first half of the year. This began with the adoption of the Universal Periodic Review report on Zimbabwe on 12 March 2012, where the Zimbabwe government accepted most of the major recommendations made during its review in October 2011. During the Session, the United Nations High commissioner for Human Rights urged the government to engage civil society in the implementation of the UPR recommendations. This was followed by the historic first visit to Zimbabwe by Navi Pillay, the UN High Commissioner for Human Rights. The High Commissioner recom- mended that sanctions be lifted but she also urged Zimbabwean President Robert Mugabe to ensure that the upcoming elections were non-violent and, both free and fair. Regarding the USA, on 26 July 2012 the United States’ outgoing ambassador to Zimbabwe said that Washington would only lift sanctions against President Robert Mugabe and his inner circle if polls are held peacefully. In saying this, there were in existence disturbing signs of potential violence and pointed out that given that sanctions were a response to violent elections, it would be appropriate to remove them if there was a free, fair and credible election (Bulawayo 24 News, 26 July 2012). He also urged security chiefs to keep out of politics stating that the role of the military is to defend the nation which can be achieved by developing a degree of professionalism and de-link their personal political convictions from the carrying out of their professional duties. In this regard the USA retained its moral stance and upheld the Obama administration’s ideals of non-compromise in its approach to human rights issues. On the other hand, the position by the BRICS emerging powers was mainly dominated by its relationship with China apart from South Africa which has already been covered above. China remained largely mute on Zimbabwe although there we signs of economic ties growing stronger under Zimbabwe’s ‘Look East Policy’ (zmfa.gov.zw). The report issued in June by Global Witness called into question whether diamond revenue was financing a parallel government and called for an investi- gation into the activities of Chinese and Zimbabwean business interests to ascertain if they were undermining democratic institutions and contributing to human rights abuses in Zimbabwe. However, China’s attitude towards human rights generally and what it might be thinking can be gleaned from the way it blocked the United Nations Security Council reso- lution for sanctions on Damascus on 19 July 2012, despite several appeals for united and concerted action to help end the escalating violence in Syria. Regionaland international dimension
  • 9. Zimbabwe Human Rights NGO Forum   9 D espite the gains in the first half of 2012, the overall picture remains worrying. As noted above, there is generally a consensus that while there have been notable improvements, the structural causes and the infrastructure of violence remain in place. According to the Research Advocacy Unit, ZANU PF has clearly devel- oped a comprehensive strategy for dealing with other parties competing in elections that strongly draws on its control of the structures and processes operating in the rural areas. Each aspect of a villager’s life, from the very ability to occupy land within the area, access to food, agricultural inputs, and, in some instances, access to his or her church, may be subject to the control of ZANU PF. This is accomplished through the control over formal governmental structures as provided by statute, the adulteration of these structures and legislated procedures, through traditional authorities, and through ZANU PF party structures and personnel in the area in question. In the urban areas this power is replicated through the enforcement of the Urban Councils Act which the Minister has used to clamp down on opposition Councillors, the Public Order and Security Act which violates fundamental freedoms to assembly and expres- sion, and the Broadcasting Services Act and related legislation and practices which control what people hear. Without a co-ordinated regional and international effort and continued vigilance and pressure from civil society, the trend of events exhibited above demonstrates that there is always the danger of the continuation of “rule by law” in Zimbabwe rather than the rule of law. There is still a tendency amongst the former ruling party in Zimbabwe to act in a way as the ‘Thought Police’ like those in the classic novel by George Orwell. This tendency, premised on the idea that ‘if you are not with us, you are against us’ has prevailed in most of the autocratic regimes. From their perspective, there is no real difference between neutrality and opposition. Unless stopped in their tracks, there will likely be increased political surveillance akin to Michel Foucault’s “Panopticon” with state institutions increasing their capacity to track individuals. ZANU PF is still in control of the strategic ministries and state apparatus such as the Ministry of Defence, Prisons and the Ministry of Mines and the Office of the President. With the huge but opaque diamond revenue, they now have off-budget sources of finance to run a parallel state with its “weapons of mass destruction”. This fear is confirmed by Crisis in Zimbabwe Coalition (24 July 2012) and also by Action Aid Denmark (May, 2012), wherein they note that there is continued presence, utterances and interference by the military in civilian political matters and a lack of political will to realign this critical sector. In addition they also note the continued non-existence of free political activity as seen through disruption of rallies, peaceful marches and meetings organised by political players and civil society. As recently suggested by Edwin Banda of the Malawi Parliament, “If an individual won an election by intimidation in 2008 and they still want to stand in the next election, chances are that they will still intimidate because nothing has changed, they are still unpopular”. Though it would be easy for a free and relatively peaceful referendum to take place, it is feared that those who continue to be able to turn on the tap of violence can do so almost at will. The violence is still there, whenever ZANU-PF and its apparatus want to carry out some atrocity. They can still do huge damage at will, and the money from the illegal diamond sales makes it easier for the violence to be turned on, with the machinery that they have (per Kate Hoey, UK House of Commons Hansard, 17 July 2012). There is a general consensus that Mugabe will not give up power peacefully, or that he will agree to hold a free, fair and credible election. In the run up to the elections there is a likelihood of key security personnel running in the ZANU PF primaries (ibid, Zimbabwe CSOs, May 2012). If these military people subsequently cause mayhem in the forthcoming elec- tions, it will be easy for ZANU PF to either deny responsibility or to justify that mayhem on the basis that the military are simply protecting Zimbabwean’s sovereignty. In response to this, civil society needs to come up with a clear strategy backed by robust communication mechanisms. They should engage both at grassroots and policy levels. At grassroots they need to empower communities to be vigilant not only to vote in peace but also to defend their vote. Latest communication technology, for example mobile phones and social media can be explored and utilised in keeping the world up to date and minimise rigging. However the immediate priority is to ensure that as many people as possible especially the youth enrol to vote. A good example is the current “your vote is your swagger” initiative which is an excellent attempt to engage the young people. At policy level, civil society should continue engaging with progressive forces both at local, regional and international levels but such engagement should have resonance with what is happening at grassroots level. This also helps to ensure that there is a quick international response to any crisis that may arise. Apart from the possibility of a violent election, elec- toral fraud is similarly another high possibility. According to evidence from research, electoral fraud is most likely to occur during elections in countries where basic freedoms and rights are not sufficiently guaranteed. Zimbabwe would undoubtedly fit the typology of a country in which basic freedoms and rights are not guaranteed, and indeed, since 2000, Zimbabwe has con- Projections beyond August2012
  • 10. 10   Human Rights & National Institutions sistently been described in the annual Freedom House reports as a country that is “not free (RAU, May 2012). Stakeholders’ responses must be coordinated, evi- dence-based and progress must be measured against agreed but flexible benchmarks as generally contained in the GPA. An audit must be carried out measuring not only the change and progress but also the quality of change and progress, where implementation of the GPA is concerned (Crisis, July 2012). Although civil society must continue to uphold the principle of all the benchmarks contained in the GPA, they also need to be pragmatic in sequencing their priorities as there is insufficient time between now until when the elections are constitutionally due. Some reforms require legislative backing and this will take time particularly in Zimbabwe’s hung parliament and the President’s power to withhold consent to signing bills into law. The international community should continue to support SADC efforts and in doing so they should remain true to their incremental approach, staggering engagement in the same way the UK government has been engaging Burma. Whereas the international community should lean more towards the carrot than the stick, SADC should lean more towards the stick in a reversal of roles. They should form a frontline in the way they did during apartheid. In doing so SADC leaders should be reminded that their solidarity should be with the people of Zimbabwe and not only with the politicians. Engagement with civil society is a hall mark of the new approach to international diplomacy (per Council for a Community of Democracies, A diplomatic Handbook). SADC and South Africa in particular as the guarantor of the safety and rights of the Zimbabwean people, must reward in full the trust bestowed upon them. This should include an unequivocal refusal by South Africa, leading the rest of SADC, to excuse or turn a blind eye to any resurgence of violence. They have a responsibility to the people of Zimbabwe and to the international community. It is quite encouraging that the Maputo Communique (August 2012) emphasizes the need for free and fair elections, insists on timeframes and places the interests of the nation above politics in no uncertain terms. All progressive forces within Zimbabwe and the region now need to effectively follow up on the Maputo Communique in ensuring that all parties have an equal say in dictating the pace of reforms and the process leading to the constitutional ref- erendum and elections. Such an early strategic positioning will strengthen their position to have an equal say in the electoral process itself to ensure that the process and outcomes are free, fair and credible. On a positive note, and in our view and in the view of the majority of our stakeholders, the majority of Zimbabweans will turn out to vote, in spite of all the intimidation and political machinations and if the people’s vote is amply defended as sug- gested above, the current silent constitutional revolution that began when the GPA was signed in 2008 is likely to give birth to a full constitutional democracy.
  • 11. Zimbabwe Human Rights NGO Forum   11 Political and civil rights Politically motivated violence & persecution of Human Rights Defenders 23.12.2011   Despite an agreement by all three Political Parties in the inclusive government to end politically motivated violence, November 2011 was dominated by cases of displace- ment, assault, harassment and intimidation mainly related to access to food and aid (ZPP). n http://www.zimpeaceproject.com/index.php?option=com_phoca download&view=category&id=4:zpp-2011-reports &Itemid=5 24.11.2011   Three staff of the Forum’s member organisation, the Media Monitoring Project of Zimbabwe, (MMPZ) were arrested in Gwanda. The three were charged under the Public Order and Security Act in connection with a community meet- ing on public information rights. The release of the three was granted on 16.12.11 and they were remanded out of custody until 15.1.12. n http://www.kubatana.net/html/archive/media/111219misaz. asp?sector=MEDIA&year=n http://wwwkubatana.net/html/ archive/media/120111mmpz.asp?sector=MEDIA&year=2012 &range_start=121 2011&range_start=1 T his section provides detailed events timeline under identified themes generally grouped into political and civil rights, institutional reform international obligations, ecosoc rights, women and children, gays and lesbians. Thematic timeline 25.01.2012   The trio remained charged under section 33 of the Criminal Law (Codification and Reform) Act which deals with undermining the authority of or insulting the President as well section 37 of the same Act outlawing distribution of materials likely to breach peace. n http://www.kubatana.net/html/archive/media/120125mmpz. asp?sector=MEDIA&year=2012&range_start=91 04.01.2012   In a case perceived to be politically motivated, WOZA leaders Jenni Williams and Magodonga Mahlangu appeared in court on charges of kidnapping and theft. WOZA reported that the trial resumes on 16.1.12 and that with the many inconsistencies and contradictory witness statements, they will be applying for a discharge. n http://wozazimbabwe.org/?p=1142/ 11.01.2012   Police prevent an Anglican annual prayer retreat in Marondera and solidarity was expressed by the Diocese of Southwark, Bishop Christopher of Southwark n http://www.southwark.anglican.org/news/pr/pr.php?id=1880 23.01.2012   Zimbabwe Lawyers for Human Rights (ZLHR) issued a HRDs Alert containing the welcome news of the acquit- tal of Joel Hita, a senior official with the Zimbabwe Human Rights Association (ZimRights). Joel was charged with organis- ing a photograph exhibition in Masvingo showing the violence of the 2008 election period. n http://www.zlhr.org.zw/index.php?option=com_content& task=view&id=43&Itemid=84 08.02.2012   Nine members of Women of Zimbabwe Arise, including WOZA leader Jenni Williams and five by-standers, were arrested and mistreated in custody in Bulawayo as they were meeting JOMIC to report concerns of violations of rights by the Zimbabwe Republic Police. n http://wozazimbabwe.org/?p=1173 n http://www.kubatana.net/html/archive/demgg/120125ciz.asp? orgcode=CRI001&year 08.02.2012   A report entitled ‘Every School has a Story to Tell: A Study into Teacher’s Experiences with Election in Zimbabwe’ was released by the Progressive Teachers Union of Zimbabwe (PTUZ). It looked at the scope, nature, pattern and impact of elections in Zimbabwe on service delivery in schools. Based on a national survey of teachers carried out during April and June 2011 in all ten Provinces, it particularly focused on violations faced by teachers during election periods, reporting that 51% of teachers directly experienced political violence whilst 56% witnessed it. n http://www.kubatana.net/html/archive/edutra/110930ptuz.asp? sector=EDUTRA&year=0&range_start=1
  • 12. 12   Human Rights & National Institutions 13.02.2012   ZANU PF leads a campaign of intimidation in the Zaka district of Masvingo Province. n http://www.zimrights.co.zw/index.php?option=com_ content&view=article&id=41:walk-the- talk&catid=5:news&Itemid=6 14.02.2012   Global Witness released a report entitled ‘Dia- monds, a good deal for Zimbabwe’ revealed the link between diamond revenue and political violence. n http://www.globalwitness.org/library/don%E2%80%99t-let- mugabe-be-your-valentine 17.02.2012   The Masvingo Provincial Governor orders the suspension of the activities of the 29 NGO’s for allegedly failing to register their operations in contravention of the law and his powers. n http://www.hrforumzim.org/pressreleases/joint-statement- of-cso-coalitions-on-further-developments-relating-to-ngos-2/ attachment/joint-statement-of-cso-coalitions-on-further- developments-relating-to-ngos-2/ 23.02.2012   Zimbabwe is cited as being amongst a number of countries that have witnessed an increase in attacks on human rights defenders (HRDs) in their homes or offices and intim- idation of HRDs by the judicial authorities(Annual Report of Frontline Defenders) n http://www.frontlinedefenders.org/files/front_line_defenders _2012_annual_report_inspiring_hope_and_provoking_a_backlash _0.pdf 23.01.2012   Torture has become entrenched amongst the police (ZLHR). n http://www.zlhr.org.zw/ 28.02.2012   Human rights activist Paul Chizuze of the Solidarity Peace Trust (SPT) disappeared and has not been seen since 8.2.12. n http://www.solidaritypeacetrust.org/cgi-bin/dada/mail.cgi/ archive/mailings/20120228022655/ 27.02.2012   Zimbabwe’s prison conditions described as horrendous by two women who had just spent nine months in solitary confinement in Chikurubi Maximum Security Prison (Legal Monitor) n http://www.kubatana.net/html/archive/hr/120227zlhr1.asp? sector=POLACT&year=0&range_start=1 29.02.2012   Following the purported banning of NGO’s in Masvingo, some NGOs are being forced to pay exorbitant fees by local authorities before they are allowed to carry out their work (CSOs joint statement). n http://www.zlhr.org.zw/index.php?option=com_content& task=view&id=43&Itemid=8 02.03.2012   29 residents of Glenview accused of murdering police officer Petros Mutedza were indicted and the trial was to begin in the High Court on 12.3.12 in a case believed to be politically motivated. n http://www.zimrights.co.zw/index.php?option=com_content &view=article&id=52:glenview-29-indictedglenview-29- indicted-&catid=5:news&Itemid=6 07.03.2012   COTRAD reported on the suppression of an attempted demonstration against the banning of 29 NGO’s in the Province. COTRAD offices are raided and materials impounded by ‘unidentified men’. n http://www.kubatana.net/html/archive/demgg/120306cotrad. asp?orgcode=COM008&year=0&range_start=1 12.03.2012   Cynthia Manjoro and 28 others are denied bail and Cynthia with the trail due to appear in court on 09.03.2012 for the alleged murder of police officer Petros Mutedza in May 2011 The Youth Initiative for Democracy awards an honour to Cynthia’s contribution to Zimbabwe’s democratisation agenda (ZimRights). n http://www.thezimbabwean.co.uk/human-rights/56949/ yidez-honours-cynthia-manjoro.html n http://www.zimbabwesituation.com/mar12_2012.html#Z20 | 13.03.2012   Cases of politically motivated violence remained high, with 365 incidents recorded in January 2012. ZPP cau- tioned that with an imminent drought and proposed elections, a violent election campaign combined with the politicisation of food aid was likely. The atmosphere remained volatile in the Midlands, Masvingo and Manicaland provinces (ZPP). n http://www.zimpeaceproject.com/index.php?option=com_phoca download&view=category&id=13:2012-reports&Itemid=5 26.03.2012   The conviction of Munyaradzi Gwisai and the five others for watching a video on the Arab Spring is described as harsh and could be perceived, by a reasonable person, as delivering a political message (ZLHR Legal Monitor). n http://www.kubatana.net/html/archive/hr/120326zlhr.asp?org code=ZIM007&year=0&range_start=1 29.03.2012   The State case against Catholic priest Father Mkandla and Hwange resident Oliver Chikumba collapses. They were charged for breach of security laws by convening a healing service at a school and under the Criminal Law (Codification and Reform) Act for allegedly uttering a statement concerning the President (ZLHR Legal Monitor) n http://www.zlhr.org.zw/index.php?option=com_content& task=view&id=43&Itemid=84
  • 13. Zimbabwe Human Rights NGO Forum   13 30.03.2012   There are 413 incidents of politically motivated human rights violations in February and noted that this was up from the 365 witnessed during the month of January 2012. This follows President Mugabe’s televised birthday speech during which he said that elections would have to be held this year, with or without a new constitution. n http://www.zimpeaceproject.com/index.php?option=com_phoca download&view= 02.05.2012   Politically motivated human rights violations continued in an upward trend during the month of March 2012 which stood at 475 from 413 recorded in February. These were mainly attributed to inter and intra party fighting in some provinces as the main political parties geared up for elections (ZPP) n http://www.zimpeaceproject.com/index.php?option=com_phoca download&view=category&id=13:2012-reports&Itemid=5 07.05.2012  Villagers in Buhera in the province of Mani- caland were discussing strategies of non-violence to protect themselves from the kind of election related political violence witnessed during the 2008 election campaign (ZLHR Legal Monitor). n http://www.kubatana.net/Html/archive/hr/120511zlhr.asp? sector=LAB&year=0&range_start=1 07.05.2012   ZimRights reports on successful peace-building workshops in Zaka in the province of Masvingo (ZimRights). n http://www.kubatana.net/html/archive/hr/120509zimright. asp?orgcode=ZIM038&year=0&range_start=1 11.05.2012   Five University of Zimbabwe students were granted an interim order lifting an indefinite suspension issued to them by the University of Zimbabwe (SST) n http://www.kubatana.net/html/archive/edutra/120511sst. asp?orgcode=STU002&year=0&range_start=1 26.06.2012   Five employees of the Zimbabwe Human Rights Association (ZimRights) were briefly arrested and detained during the week in Karoi as they attempted to hold legal clinics (ZimRights) n http://www.thezimbabwean.co.uk/human-rights/59025/five- zimrights-personnel-arrested-in.html 18.05.2012  Trial date for the 29 Glenview residents charged with the murder of police officer Petros Mutedza and in the meantime they are still in custody. n http://www.kubatana.net/html/archive/hr/120518zimright.asp? orgcode=ZIM038&year=0&range_start=1 29.05.2012   Police in Bulawayo stopped a BPRA leadership training workshop and confiscated materials (Bulawayo Pro- gressive Residents Association (BPRA)). n http://www.thezimbabwean.co.uk/news/zimbabwe/58347/ residents -voices-issue-71.htm 29.05.2012   A further Press Statement of 29.5.12 reported on legal efforts to compel the Immigration authorities to release the passport of BBC classical music presenter, Petroc Trelawney. The state case is finally dismissed on 31.05.2012 (ZLHR). n http://www.zlhr.org.zw/index.php?option=com_content&task= view&id=54&Itemid=122,n http://www.thezimbabwean.co.uk/ human-rights/58588/magistrate-dismisses-state-case-against.html 31.05.2012   Cephas Magura of the MDC (T) is murdered in Mudzi by ZANU PF supporters during an MDC (T) rally. This widely condemned by civil society and also by the USA embassy especially as it comes soon after the visit by the UN HRC High Commissioner. n http://harare.usembassy.gov/mudzi_violence.html
  • 14. 14   Human Rights & National Institutions Institutional Reforms Elections and electoral laws 20.01.2012   The Institute for Democratic Alternatives in Southern Africa released Zimbabwe Election Watch covering the period from November to December 2011. The Zimbabwe Election Watch measures Zimbabwe’s electoral environment against the SADC guidelines governing democratic elections. n http://www.idasa.org/our_products/resources/output/ zimbabwe_election_watch_november/ 25.01.2012   There is an increasing call for democratic reforms to be put in place as a precursor to any elections. Cri- sis Coalition provided a summary of the key benchmarks that should be met before any elections take place as identified by eight civil society coalitions and articulated in their state- ment of 20.12.11. A number of civil society representatives were preparing to travel to Addis Ababa for the AU Ordinary Summit to pressure the AU to push Zimbabwe for urgent electoral reforms. n http://www.kubatana.net/html/archive/demgg/120125ciz1.asp? orgcode=CRI001&year=2012&range_start=31 29.02.2012   President Mugabe continues to call for elections despite the absence of reforms. n http://www.crisiszimbabwe.org/index.php?option=com_content &view=article&id=708:zimbabwe-briefing-issue-63&catid= 77:zimbabwe-breifing&Itemid=220 01.03.2012   There is an increase in civil society awareness of breaches of the Global Political Agreement (GPA) recorded dur- ing December 2011 and January 2012 (Sokwanele ZIGWatch). n http://www.sokwanele.com/ 09.03.2012   Brian Raftopoulos speaks of the ‘The Shadow of Elections’. n http://www.solidaritypeacetrust.org/ 07.02.2012   The NCA noted with dismay the enthusiasm exhibited by government officials in calling for elections at the same time ignoring the fundamental need for coming up with a proper constitution to guarantee people’s rights (NCA). n http://www.kubatana.net/html/archive/demgg/120207nca.asp? sector=ELEC&year=2012&range_start=151 22.02.2012   At his 88th birthday, President Mugabe says he is not ready to groom a successor, that his party may choose to reject President Zuma as Facilitator for Zimbabwe and that elections will take place this year (Crisis). 08/01/2012   There is uncertainty around the Constitutional Referendum and elections as SADC plans for a Zimbabwe Sum- mit following the African Union Summit and fears of violence linked to the reported discovery of gold in Kwekwe. n http://www.zimbabweeurope.org/sites/default/files/ ZENweekly012012.pdf 22.02.2012   The findings from 210 long term ZESN observers deployed in 2011 provides an analysis of the implications for free and fair elections given the current human rights situation. ZESN observers noted that in the period police violence culmi- nated in the death of a civilian and the injury of 11 civilians. It further noted that the political environment, whilst seeming calm, was filled with tension. n http://www.thezimbabwean.co.uk/human-rights/56477/ballot- update-consolidated-2011.html n http://www.zesn.org.zw/publications/publication_314.pdf 29.03.2012   IDASA releases its Zimbabwe Election Watch February 2012 measuring the electoral environment in Zim- babwe against the SADC Principles and Guidelines Governing Democratic Elections. n http://www.idasa.org/media/uploads/outputs/files/idasa-sito- zew-feb2012.pdf 03.04.2012   The Zimbabwe Election Support Network (ZESN) and the SADC Election Support welcome the Declaration of Global Principles for Non-Partisan Election Observation by Citizen Organisations launched at the UN on 3.04.12, with the hope that Zimbabwe and other SADC governments will create a conducive environment to provide for access and the security of non-partisan observers and monitors. n http://www.gndem.org/declaration-of-global-principles 25.04.2012   There is a twin danger of violence and drought and asks if Zimbabwe can have a free and fair election (Crisis). n http://www.crisiszimbabwe.org/index.php?option=com_content &view=article&id=912:zimbabwe-briefing-issue-70&catid=77: zimbabwe-breifing&Itemid=220 02.05.2012   A paper calling for democracy and elections in Africa and in Zimbabwe was issued on 2.5.12 by the Research and Advocacy Unit (RAU). Entitled ‘Bucking the Trends: Africa, Zimbabwe, Demand for Democracy and Elections’. n http://researchandadvocacyunit.org/index.php?option=com_ docman&task=doc_details&gid=182&Itemid=90 25.05.2012   The Inclusive Government called to honour its collective responsibility to further the objectives of the African Union which are around unity, the promotion of common val- ues of peace, security and stability and prosperity for Africans ZLHR). n http://www.kubatana.net/html/archive/hr/120524zlhr.asp? sector=HR&year=2012&range_start=91
  • 15. Zimbabwe Human Rights NGO Forum   15 08.05.2012   The Institute for Democratic Alternatives in Southern Africa (IDASA) issued Zimbabwe Election Watch for April 2012. This measured the electoral environment in Zimbabwe according to the SADC Principles and Guidelines Governing Democratic Elections. n http://www.idasa.org/newsletters/view/201/2512/ 10.05.2012   ZESN noted concern over the further militariza- tion of the political parties such as ZANU PF. n http://www.zesn.org.zw/pub_view.cfm?pid=319 06.06.2012   The SADC Extraordinary Summit insists on reforms before elections as there was a real danger that the next 12 months might come and go without significant elec- toral or constitutional reforms unless SADC increases pressure on Zimbabwe urgently to institute required reforms (Crisis). n http://www.crisiszimbabwe.org/index.php?option=com_content &view=article&id=1192:zimbabwe-briefing-issue-82&catid=77: zimbabwe-breifing&Itemid=220 18.06.2012   The army, police, Attorney General’s Office, Central Intelligence Agency and Prison authorities aided ZANU PF during the 2008 election period ZLHR). n http://www.zlhr.org.zw/images/stories/newsletter/ edition148.pdf Constitution 10.02.2012   Veritas Constitution Watch reported on a Press Briefing given by the three co-chairs of the Constitution Select Committee (COPAC). It reported that the Committee was reviewing the first draft proposal of the new constitution and that the positions taken were not yet final. It is also reported that the end of March was envisioned as the date for a second All Stakeholders’ Conference. n http://www.zimbabwesituation.com/feb12_2012.html#Z15 13.02.2012   The Crisis in Zimbabwe Coalition (Crisis) issued a Communiqué which also focused on the constitution draft- ing process. Crisis warned that ZANU PF was attempting to discredit the draft constitution before its release. n http://www.crisiszimbabwe.org/index.php?option=com_content &view=article&id=652:yet-another-zanu-pf-detraction& catid=47:news 20.02.2012   A further Veritas Constitution Watch 2012 of 20.2.12 looked at other developments in the constitutional drafting process. It considered the implications of some of the provisions of the draft constitution which were leaked, includ- ing the supposed limitations on Presidential candidates. n http://www.thezimbabwean.co.uk/human-rights/56502/ constitution-watch-of-20th-february.html 22.02.2012   The Constitutional Select Committee (COPAC) released a document, signed by all three COPAC co-Chairs, which sets out the 26 constitutional principles that guided the constitution drafting process (Veritas). n http://www.thezimbabwean.co.uk/human-rights/56501/ constitution-watch-of-21st-february.html 24.02.2012   Civil society affirms and supports the constitu- tion making process despite the confusion surrounding it. This followed a public meeting on the topic (Crisis, ZimRights). n http://www.thezimbabwean.co.uk/human-rights/56557/civil- society-pledges-support-to.html 29.02.2012   The Draft Constitution was still being reviewed and it ventures a possible revised time-frame on the post draft- ing stage of the constitutional process.
  • 16. 16   Human Rights & National Institutions Media 25.01.2012   Zimbabwe was ranked 117th in the 2011 -2012 World Press Freedom Index issued by Reporters without Borders. n http://en.rsf.org/africa-gap-widens-between-good-and- bad-25-01-2012,41730.html 08.02.2012   The Chair of the Zimbabwe Media Commis- sion threatens to stop the circulation in Zimbabwe of foreign newspapers not registered under the Access to Information and Protection of Privacy. It also reports on the contentious issue of appointments to key public offices in the Inclusive Government (Veritas). n http://www.zimbabwesituation.com/feb9_2012.html#Z24 27.02.2012   There is an affirmation of the need for a free media in Southern Africa made at the 7th Regional meeting of the African Caribbean Pacific -European Union (ACP-EU) Joint Parliamentary Assembly held in Lusaka, Zambia on 22-24.2.12 (MISA Zambia). n http://www.crisiszimbabwe.org/index.php?option=com_content &view=article&id=734%3Apress-release-misa&Itemid=205 27.02.2012   The Final Communiqué of the ACP-EU JPA Regional meeting referred to a free media as “a prerequisite to development in the promotion of democracy, human rights and good governance”. It also addressed issues of the contri- bution mineral resources can make to development and the importance of improving democracy beyond the mere holding of elections. n http://www.europarl.europa.eu/intcoop/acp/2012_lusaka/ default_en.htm 29.02.2012   Women of Zimbabwe Arise (WOZA) collected 99 974 signatures on a petition calling for the reform of the Zim- babwe Broadcasting Corporation and reduction in the licensing fees in areas that only have one television station. n http://www.kubatana.net/html/archive/women/120228woza. asp?orgcode=WOM010&year=0&range_start=1 29.02.2012   The Prime Minister Tsvangirai encourages the use of social media sites as platforms for Zimbabweans to express themselves in a country that has failed to satisfactorily diversify its media (MISA SA). n http://www.kubatana.net/Html/archive/media/120229misaz. asp?sector=INFTEC&year=0&range_start=1 01.03.2012   MISA is attacked by the government sponsored Herald newspaper after seeking people’s views and collecting signatures on the issue of community radio stations (MISA). n http://www.kubatana.net/Html/archive/media/120301misaz. asp?sector=INFTEC&year=0&range_start=1 02.06.2012   The issue of devolution comes to the fore and civil society feels that if Zimbabwe is to adopt devolution in the new constitution, best operational practices should be learnt from other countries, such as South Africa, to ensure accounta- bility, openness and responsiveness. ZimRights on 22 June felt the centralised government in Zimbabwe had already proven its inability to adequately and equitably share resources amongst the country’s provinces. n http://www.hrforumzim.org/reports/monthly-human-rights- bulletin/devolution-of-power/attachment/bulletine-73/ n http://wozazimbabwe.org/?p=1268 n http://www.crisiszimbabwe.org/index.php?option=com_conten t&view=article&id=1118%3Azimrights-statement-on-devolution- of-power&Itemid=219 16.06.2012   The work on the constitution speeded up since the SADC Summit in Luanda, Angola (Veritas constitution watch). n http://www.zimbabwesituation.com/jun18_2012.html#Z11 27.06.2012   As speculation and frustration mounted over when the draft constitution would be made public, over 100 Women of Zimbabwe Arise (WOZA) Human Rights Defenders were arrested on 27.6.12 following a series of peaceful sit-in protests demanding the release of the draft constitution. n http://wozazimbabwe.org/?p=1300 06.07.2012   A civil society delegation to Namibia to discuss obstacles in the way of implementing the Global Political Agree- ment (GPA), SADC’s roadmap to elections in Zimbabwe. n http://www.crisiszimbabwe.org/index.php?option=com_content &view=article&id=1158%3Azimbabwe-civil-society-advocacy- mission-to-namibia&Itemid=205 19.07.2012   Constitution Watch of 19.7.12 contained the final consolidated draft of the new constitution as released on 18.7.12. n http://www.thezimbabwean.co.uk/news/zimbabwe/59576/the- second-draft-of- 16.07.2012   The Veritas Constitution Watch 2012 of 16.7.12 provided an update on the on-going constitution making process. It reported that negotiators reached an agreement over the second draft and laid out what the next steps might be. n http://www.swradioafrica.com/constitution-watch-2012/
  • 17. Zimbabwe Human Rights NGO Forum   17 23.02.2012   The decision by Alpha Media Holdings (publish- ers of Newsday, the Zimbabwe Independent and The Standard) to appoint retired Supreme Court judge Justice Ahmed Ibrahim as a public ombudsman is welcomed (MMPZ). n http://www.swradioafrica.com/Documents/MMPZ%20 welcomes%20AMH%20Ombudsman.pdf 03/03/2012   MMPZ issued a report for the occasion. It provided an overall statistical overview on media coverage on the 16 Days of Activism against Gender Based Violence (GBV) and a qualitative analysis of the issue. n http://www.mmpz.org/category/thematic-reports/thematic- reports/zimbabwe-media%E2%80%99s-coverage-16-days- activism-campaign-again 03/03/2012   The Research and Advocacy Unit called for an end to cyclic political violence against Zimbabwean women as a way of empowering rural women to eradicate poverty and hunger. n http://www.kubatana.net/html/archive/demgg/120308rau. asp?orgcode=RES002&year=0&range_start=1 08.03.2012   Concerns raised on the ‘banning’ of ‘The Daily News’ in several rural areas in Mashonaland East (MISA Zimba- bwe). n http://allafrica.com/stories/201203091292.html 12.03.2012   Four journalists who were covering a story on pollution were arrested in Nyanyadzi in Manicaland (MISA). n http://www.misa.org/cgi-bin/viewnews.cgi?category=2& id=1331568537 12.03.2012   On access to information it was found that the Zimbabwe Schools Examination Council (ZIMSEC) is the most closed public body and the National Arts Council is the most transparent (MISA Zimbabwe). MISA subsequently reported this concern at the NGO Forum on Participation in the 51st Session of the African Commission on Human and People’s Rights in Banjul, The Gambia from 18.4 -2.5.12. n http://www.zimbabwesituation.com/mar13_2012.html#Z17 n http://www.misa.org/accesstoinformationinafrica.html 02.05.2012   Armed riot police disrupt a road show organised by Radio Dialogue, a Zimbabwean community radio initiative (MISA Zimbabwe). n http://www.misa.org/policedisruptradioroadshow.html 02.05.2012  Robert Mugabe as one of the world’s ‘predators of freedom of information (Reporters without Borders). n http://en.rsf.org/predator-robert-mugabe,42479.html 03.05.2012   World Press Freedom Day 2012 was commem- orated on 3.5.12. The 2012 commemorations were held under the theme ‘Media Freedom has the Power to Transform Socie- ties’ To mark the day, the Media Institute of Southern Africa issued the following items of 3.5.12. A statement issued for World Press Freedom Day expresses concern about the growing intolerance of media freedom and freedom of expression across Southern Africa, including in Zimbabwe. n http://www.swradioafrica.com/pages/misa030511.htm 03.05.2012   Despite the media reform mandate given to the coalition government by the Global Political Agreement, Zim- babweans are still awaiting the repeal of repressive legislation (MMPZ). n http://www.mmpz.org/category/advocacy/submissions- presentations/world-press-freedom-day-statement There was a call for increased commitment by the government in eradicating media repression and facilitating media diversity, pluralism and responsible journalism in the country (ZLHR). n http://www.zlhr.org.zw/index.php?option=com_content& task=view&id=55&Itemid=124 11.05.2012   Directors of KISS FM bemoaned the adjudication process employed by the Broadcasting Authority of Zimbabwe in the awarding of commercial radio broadcasting licences (MISA Zimbabwe). n http://www.kubatana.net/html/archive/media/120511misaz. asp?orgcode=MED002&year=0&range_start=1 11.05.2012   MISA proposed a model Public Broadcasting Charter. n http://www.swradioafrica.com/misa-zimbabwe-model-public- broadcasting-charter/ 24.05.2012   The Minister of Media, Information and Public- ity and the Chair of the Broadcasting Authority of Zimbabwe (BAZ) appeared before the Parliamentary Portfolio Committee on Media, Information and Communication Technology to answer questions on the legality of appointments to the BAZ Board (MISA). n http://www.kubatana.net/html/archive/media/120524misaz1. asp?orgcode=MED002&year=0&range_start=1 24.05.2012   A lone soldier confiscated newspapers from vendors selling copies of the Daily News and Newsday in the Midlands town of Gokwe. n http://www.misa.org/surrendernewspapers.html
  • 18. 18   Human Rights & National Institutions 28.05.2012   There are threats to attack vendors selling privately owned newspapers made by Zimbabwe Ex-Political Prisoners, Detainees and Restrictees’ Association (MISA). n http://www.kubatana.net/html/archive/media/120528misaz. asp?orgcode=MED002&year=0&range_start=1 27.06.2012   MISA welcomes the ending of the broadcasting monopoly of Zimbabwe Broadcasting Authority as the newly licensed Zimpapers’ Talk Radio Star FM went to air for the first time and urges it to be independent. n http://www.kubatana.net/html/archive/media/120627misaz. asp?orgcode=MED002&year=0&range_start=1 17.07.2012   MISA reported on the arrest of photojournalist Aaron Ufameli of the privately owned ‘Newsday’. His arrest reportedly came as he was covering a demonstration by the women’s movement in Africa Unity Square in Harare. n http://50.87.107.229/~newmisa/index.php/alerts/zimbabwe- alerts/312-zimbabwean-photojournalist-arrested-forced-to- erase-images Legal and Judiciary reforms 02.01.2012   The lapsed Private Member’s Bill to amend the Public Order and Security Act is gazetted (Veritas). n http://www.swradioafrica.com/bill-watch-12012-update-on- acts-and-statutory-instruments/ 10.01.2012  Zimbabwe Lawyers for Human Rights (ZLHR) issued a Press Statement about the opening of the 2012 Legal Year. ZLHR welcomed recent positive developments and expressed the wish that these will improve the efficiency and the effectiveness of the judiciary. It noted that 2012 is likely to be a watershed year for Zimbabwe in view of the increased rights abuses on the general public. ZLHR calls for the judiciary and legal system to urgently address challenges in order that this arm of government effectively carries out its mandate of protecting the rights of all Zimbabweans without fear or favour, in a timely, professional manner and with transparency and accountability. n http://www.zlhr.org.zw/index.php?option=com_content& task=view&id=43&Itemid=84 11.01.2012   The High Court dismisses the Attorney General’s appeal against the Magistrate’s decision to admit MMPZ staff on bail (see under Operational environment for background to this case). n http://www.kubatana.net/html/archive/media/120111mmpz. asp?sector=MEDIA&year=2012&range_start=121 23.02.2012   Two people are convicted for political violence belatedly. Exemplifying the partisan nature of policing and the unwillingness of the Zimbabwe Republic Police to bring perpe- trators to justice in cases of a political nature but also showing signs of judicial independence (Veritas). n http://www.zimbabwesituation.com/feb24_2012.html#Z22 30.03.2012   The High Court in Harare grants a Civil Impris- onment Order against Garikayi Nyamakombo, the perpetrator of political violence who failed to comply with an earlier order to pay damages to the victim, Mr Caleb Marange, since most of the perpetrators of politically motivated violence are in the habit of ignoring summonses demanding damages for injuries sustained and property loss suffered as a result of organised violence and torture (OVT). n http://www.hrforumzim.org/wp-content/uploads/2012/03/ Perpetrators-Civil-Imprisonment.pdf 11.04.2012   The Judiciary holds a ceremony to launch a code of ethics following the coming into force of the Judicial Service Act in June 2010 (Veritas). n http://www.zimbabwesituation.com/apr13_2012.html#Z18
  • 19. Zimbabwe Human Rights NGO Forum   19 14.05.2012   The Zimbabwean Diaspora demands for justice for past human rights violations. This emerged from the Transi- tional Justice to the Diaspora report which was launched by the Forum’s International Liaison Office on 30.4.12. n http://www.kubatana.net/Html/archive/hr/120514zlhr. asp?sector= HIVAID&year=0&range_start=1 08.05.2012   The Southern African Litigation Centre (SALC) and the Zimbabwe Exiles Forum (ZEF) issued a Press Statement about a landmark ruling in the North Gauteng High Court in South Africa. The Court ruled that the South African Author- ities must investigate officials accused of torture or crimes against humanity in Zimbabwe. n http://www.southernafricalitigationcentre.org/news/item/ News_Release_High_Court_Orders_South_African_Authorities_to_ Investigate_Crimes_Against_Humanity_Committed_in_Zimbabwe 29.05.2012   ZimRights applauded the probing and prose- cution of some constituency leaders over the misuse of the Constituency Development Funds. n http://www.kubatana.net/Html/archive/hr/120229zimright.asp? sector=HR&year=2012&range_start=331 12.07.2012   Zimbabwe Lawyers for Human Rights (ZLHR) issued an HRD’s Alert of 12.7.12. It reported that the Supreme Court dismissed the President’s election application and ruled that the date for three by-elections in Matabeleland be gazet- ted. n http://www.zlhr.org.zw/index.php?option=com_content&task= view&id=55&Itemid=124 12.07.2012   Veritas reports on two recent criminal prosecu- tions by police officers for conduct amounting to torture and their implications on the culture of impunity and how they should encourage the government to accede to the UN Conven- tion against Torture, its Optional Protocol and its two opt-in articles. n http://www.thezimbabwean.co.uk/news/zimbabwe/59448/ court-watch-case-against-torture.html 14.07.2012   Parliament to sit next week to debate Mid-Term Fiscal Policy review would be presented on 18.7.12. Amended Electoral Bill and Human Rights Commission Bill have been sent to the Parliamentary Legal Committee. It observed that there had been no debate about the restoration to the order paper of the Private Members Bill seeking to amend POSA (the Public Order and Security Act). n http://www.swradioafrica.com/bill-watch-322012/ Security Sector 08.12.2011   The issue of the appointment of the Service Chiefs was the subject of a meeting and a Statement between the Principles to the Global Political Agreement. Amongst other agreements, the three agreed that the Police Service Commis- sion must be regularised so that it makes recommendations of potential candidates to the President. n http://www.swradioafrica.com/principals-to-gpa-statement/ 19.12.2011   The Solidarity Peace Trust released a paper by Professor Brian Raftopoulos entitled ‘The Spell of Indecision in Zimbabwean Politics’. The paper argues that “the dilemmas of leadership renewal, electoral strategy and a broad vision for the future have all induced a sense of hesitancy that, in the case of ZANU PF, manifests itself in renewed aggression and political hubris”. n http://www.solidaritypeacetrust.org/1135/the-spell-of- indecision -in-zimbabwean- 08.02.2012   The Research and Advocacy Unit (RAU) issued a note on the re-appointment of the Service Chiefs. The paper aimed to shed legal light on the debate over the re-appoint- ment of the Police Commissioner-General, Augustine Chihuri, amongst other Service Chiefs. n http://www.kubatana.net/html/archive/demgg/120208rau.asp? sector=LEGISL&year=2012&range_start=121 13.02.2012   The issue of the appointment of Service Chiefs; particularly that of the Police Commissioner-General; was the focus of a Communiqué on13.2.12 by the Zimbabwe Associa- tion of Human Rights (ZimRights). n http://www.kubatana.net/html/archive/hr/120213zimright.asp? sector=HR&year=2012&range_start=361 11.05.2012   Concerns are raised over how serving military, intelligence and police officers have recently come out in the open about their political affiliations(Crisis). n http://www.crisiszimbabwe.org/index.php?option=com_content &view=article&id=1222:zimbabwe-briefing-issue-73-pdf-778kb& catid=77:zimbabwe-breifing&Itemid=220
  • 20. 20   Human Rights & National Institutions Urban Councils 15.05.2012   The Minister of Local Government, Rural and Urban Development approach the Supreme Court seeking to stop parliament to debate the Urban Councils Amendment Bill. n http://www.zimbabwesituation.com/may16_2012.html#Z24 29.05.2012   ZLHR Press Statement of 29.5.12 provided an update on the High Court case between MDC (T) Mayor of Mutare, Brian James and Local Government, Rural and Urban Development Minister Ignatius Chombo. It reported that the High Court has upheld an application by James to stop the disciplinary proceedings brought on him by the Minister. n http://www.zlhr.org.zw/index.php?option=com_content& task=view&id=55&Itemid=124 International & Regional Obligations 17.02.2012   A Press Release was issued by the High Repre- sentative of the European Union, Baroness Catherine Ashton. It announced that the EU had decided to remove 51 individuals and 20 entities from the visa ban and asset freeze list with immediate effect. The Press Release pointed out that 112 individuals and 11 entities still considered being involved in or associated with policies or actions that undermine human rights, democracy and the rule of law would remain subject to the measures. On 20.02.2012 Crisis Coalition urges ZANU PF to reciprocate this good will. n http://www.consilium.europa.eu/uedocs/cms_Data/docs/ pressdata /EN/foraff/128029.pdf n http://www.crisiszimbabwe.org/index.php?option=com_content &view=article&id=682%3Atime-for-zanu-pf-to-reciprocate- goodwill-&Itemid=205 20.02.2012   Report on the court case of two police officers accused of torturing a woman in a Bulawayo police station, need to end culture of impunity blamed for the continued torture of civilians by state agents and the need for the Government of Zimbabwe to honour its commitment to give consideration to the ratification of the UN Convention against Torture and other Cruel, Inhuman and Degrading Treatment during last year’s Universal Periodic Review at the UN Human Rights Council. n http://www.zlhr.org.zw/ 22.02.2012   Crisis reflected on whether the recent announce- ment by Justice Minister Chinamasa that he is lobbying Par- liament to ratify the Convention against Torture will translate into action ahead of the UN HRC UPR where Zimbabwe’s human rights record is due to be scrutinised. n http://www.kubatana.net/html/archive/demgg/120223ciz.asp? sector=MIGR&year=0&range_start=1 05.03.2012   The Australian Ministry of Foreign Affairs issued a Media Release on 5.3.12 announcing that 82 individuals have been taken off the autonomous travel and financial sanctions list for Zimbabwe. It also noted that Australia retained travel and financial sanctions on 153 individuals and four entities. Australia announced that it would also continue to prevent the adult children of listed individuals from studying in Australia and prohibit Defence links and the sale of military equipment to Zimbabwe. n http://foreignminister.gov.au/releases/2012/ce_mr_120305.html
  • 21. Zimbabwe Human Rights NGO Forum   21 13.03.2012   Ahead of the debate on Zimbabwe, which took place on 15.3.12, the Forum and other partners held a joint side meeting in the Council on 13.3.12. They went on to make a joint Oral Statement to the Council during consideration of Zimba- bwe’s UPR under Agenda Item 6. They also meet the government delegation n http://www.upr-info.org/IMG/pdf/civicus_oral_zimbabwe_2012.pdf n http://www.ohchr.org/EN/HRBodies/UPR%5CPAGES%5CZW Session12.aspx 15.03.2012   Civil society organisations and international organisations at the19th Session of the Human Rights Council in Geneva between 27.2 – 23.3.12. The conclusion of the debate and adoption of the final recommendations relating to the Universal Periodic Review of Zimbabwe’s human rights record took place during the 19th Session. Zimbabwe accepts most of the major recommendations made but rejects those relating to the investigation of past human rights violations and repeal of POSA and AIPPA. n http://www.ohchr.org/EN/HRBodies/UPR%5CPAGES%5CZW Session12.aspx n http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx? NewsID=11966&LangID=E 14.05.2012   The first ever mission by a human rights chief to Zimbabwe was announced in a Press Statement issued on 14.5.12 by the United Nations Office of the High Commissioner for Human Rights. It announced that Madam Navi Pillay, the UN High Commissioner for Human Rights, would conduct a five day mission to Zimbabwe from 20 - 25.5.12. n http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews. aspx? NewsID=12151&LangID=E 14.05.2012   The EU’s first interim Economic Partnership Agreement with Zimbabwe and several other Southern African states was announced by the EU Trade Commissioner on 14.5.12. A Press Release provided further details. n http://trade.ec.europa.eu/doclib/press/index.cfm?id=800 21.05.2012   A joint statement of 21.5.12 was issued by over 50 civil society organisations inside Zimbabwe. It welcomed the historic visit of the UN Human Rights Commissioner, Navi Pillay. However, it noted with shock that the Government of Zimbabwe ambushed civil society plans to meet with the High Commissioner. n http://www.kubatana.net/html/archive/cact/120521zimcsos. asp?sector=HR&year=2012&range_start=121 n http://www.kubatana.net/html/archive/hr/120521zimright. asp?sector=HR&year=2012&range_start=121 24.05.2012   A Press Statement welcoming the visit of the UN Human Rights Commissioner to Zimbabwe was issued on 24.5.12 by the Zimbabwe Civic Education Trust (ZIMCET). The Statement also noted with disappointment that some political actors were trying to paint an overly rosy picture of the human rights situation in the country by denying the existence of violence in the country. n http://www.thezimbabwean.co.uk/human-rights/58456/united- nations-high-commissioner-for.html 26.06.2012   June 26th commemorated the UN International Day in Support of Victims of Torture. 2012 commemorations were themed around the efficacy of rehabilitation and the right of torture survivors to access such assistance. To mark the occasion, the Zimbabwe Human Rights Forum NGO (the Forum) issued a Press Statement remember- ing those who have died and those who are destined to spend the rest of their lives in a state of trauma as a consequence of torture. n http://www.hrforumzim.org/wp-content/uploads/2012/07/26- June-2012-Press-Statement3.pdf The Forum pointed to the particular significance of the 2012 commemorations given the commitment by the Government of Zimbabwe to ratify the UN Convention against Torture, Cruel, Inhuman and/or Degrading Treatment and its Optional Protocol and subsequently to criminalise torture. The Forum urged the Government of Zimbabwe to urgently translate their commitment into action and implores it to establish structures and institutions for the rehabilitation of victims of torture. 26.06.2012   To mark 26 June, the International Liaison Office of the Zimbabwe Human Rights Forum NGO Forum in conjunction with The Redress Trust (REDRESS) held a round table discussion in London centred on what Zimbabwe needs to do in order to domesticate the UN Convention Against Torture (“CAT”) and its Optional Protocol (“OP CAT”). n http://www.hrforumzim.org/pressreleases/intlo-redress-key- recommendations-to-anti-torture-law-reform/ 26.06.2012   In a statement to commemorating the day, the UN Secretary-General expressed his support for victims of tor- ture around the world. He noted that it has been 25 years since the UN Convention against Torture came into force and yet this cruel and dehumanizing practice remains pervasive. He called on states to reverse this trend and demonstrate commitment to fight torture and impunity. Source: n http://www.un.org/en/events/torturevictimsday/2012/ sgmessage.shtml
  • 22. 22   Human Rights & National Institutions 26.06.2012   Commemorating the UN International Day in Support of Victims of Violence on 26.6.12, the Research and Advocacy Unit launched a powerful video entitled ‘A State of Shame: Politically Motivated Rape in Zimbabwe’. The video profiles the experiences of 5 women who survived politically motivated rape during the 2008 election period. n http://www.youtube.com/watch?v=9UkOXEefXc8 &feature=youtu.be 26.06.2012   A statement marking the UN Day in Support of Victims of Torture was made by the EU High Representa- tive, Catherine Ashton on behalf of the European Union. The EU urged all states to become party to the UN Convention against Torture, Cruel, Inhuman and Degrading Treatment and its Optional Protocol. It went on to urge a gender sensi- tive approach in the fight against torture, cruel, inhuman and degrading punishment and notes how the EU has launched a new fund in support of these aims. n http://www.consilium.europa.eu/uedocs/cms_Data/docs/ pressdata /en/cfsp/131226.pdf 26.06.2012   Also at the UN Human Rights Council, the Special Rapporteur on the situation of human rights defenders, Margaret Sekaggya, mentioned Zimbabwe as being amongst the countries which her office has long made requests for an official visit. She noted with regret that requests to visit Zimbabwe are long outstanding and were made in 2002, 2004, 2008, 2010 and 2011. These remarks came during her fourth report to the UN Human Rights Council. n http://www.ohchr.org/Documents/HRBodies/HRCouncil/ RegularSession/Session19/A-HRC-19-55_en.pdf 23.07.2012   European Union Reviews Zimbabwe’s targeted measures 18.08.2012   SADC passes a resolution on Zimbabwe, in Maputo, re-affirming its stance for a free and fair election, insists on the roadmap and timeframes on the processes includ- ing the constitutional referendum, strengthening of Jomic etc. n http://www.sadc.int/files/7713/4545/0483/Communique_32nd_ Summit_of_Heads_of_States.pdf ECOSOC RIGHTS 0 8.12.2011   Zimbabwe Human Rights Association (Zim- Rights) issued a bulletin reporting on the ‘physical and struc- tural wars’ in the government farming inputs distribution programme taking place in Hurungwe, Mashonaland West Province. ZimRights reported that ‘ZANU PF thugs have liter- ally hijacked the programme to benefit party affiliates’. n http://www.kubatana.net/html/archive/hr/120208zimright.asp? sector=HR&year=2012&range_start=361 01/02/2012   Zimbabwe’s Ministry of Education, Sports Arts and Culture issued a presentation about the Ministry’s Medium Term Plan 2011-2015. n http://www.kubatana.net/html/archive/demgg/120214moesac. asp? sector=EDUTRA&year=2012&range_start=61 30.1.12   Workshop participants unbundle the legislative and policy inconsistencies that prohibit Zimbabweans from maximizing benefits from natural resource extraction in the wake of the diamond discoveries in Marange (Natural Resource Governance Network). n http://www.kubatana.net/html/archive/demgg/120305crd.asp? orgcode=CIV003&year=0&range_start=1 11.02.2012   There is typhoid outbreak which forces the closure of the Harare Magistrates Court on 10.2.12. n http://www.kubatana.net/html/archive/hr/120211zlhr.asp? sector=HR&year=2012&range_start=361 23.02.2012   Zimbabwe was ranked 173 in the 2011 Human Development Report released by the United Nations Develop- ment Programme (UNDP). The report included specific Human Development Indicators for Zimbabwe n http://hdrstats.undp.org/en/countries/profiles/ZWE.html 05.03.2012   The Centre for Research and Development issued a report of a workshop on the governance of natural resources which was held in Mutare. 06.03.2012   Ahead of a conference on ‘Healthcare in Africa’ held in Cape Town on 6-7.3.12, a major new report on the Future of Healthcare in Africa was released on 1.3.12 by the Economist Intelligence Unit. The report presented a high level picture of the state of the health challenges on the continent. n http://www.janssen-emea.com/future-of-healthcare-africa
  • 23. Zimbabwe Human Rights NGO Forum   23 07.03.2012   The Committee of the Peoples Charter (CPC) issued a Press Statement of 7.3.12 in response to statements made by Joseph Made, the Minister of Agriculture, Mechani- zation and Irrigation on the 2011-2012 rainy season and the drought situation. CPC calls on the government not to politicise the serious food situation. n http://peoplescharter.blogspot.co.uk/2012/03/government- should-not-politicize-hunger.html 24.05.2012   During a further address at the University of Zimbabwe on 24.5.12, the High Commissioner spoke about land reform and a range of important issues in the realm of economic, social and cultural rights, such as the rights to food, education, health and adequate housing, and issues such as forced evictions, sanctions, good governance and the need to fight corruption. n http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx? NewsID=12191&LangID=e 24.05.2012   Amnesty International applauded for the work it does in raising the profile of social, economic, civil and political rights in Zimbabwe and encouraged it to keep watch on Zim- babwe as the nation prepares for a referendum and an election which is normally coupled with an increase in violence (WOZA). n http://wozazimbabwe.org/?p=1261 20.06.2012   A new report was launched on 20.6.12 by Global Witness entitled ‘Financing a Parallel Government?’ The report revealed the involvement of the Central Intelligence Organi- sation (CIO) and military in Zimbabwe’s diamond, cotton and property sectors. Amongst a number of recommendations, it called for investigations into the activities of certain Chinese and Zimbabwean business interests to ascertain if they under- mine democratic institutions and contribute to human rights abuses in Zimbabwe. It also called on consumers not to buy diamonds originating from Marange until they can be certain that they do not fund the CIO, police and military. n http://www.globalwitness.org/library/financing-parallel- government-Zimbabwe 27.06.2012   There is on-going concern about the lack of transparency and accountability regarding the revenue from Marange diamond fields and also indigenisation. There is need to ensure that diamond revenue is not used to fund violence ahead of the next elections Crisis). n http://www.crisiszimbabwe.org/index.php?option=com_ content&view=article&id=1140:zimbabwe-briefing-issue-80-pdf- 1-mb&catid=77:zimbabwe-breifing&Itemid=220 02.04.2012   Proposals are made for a community-based approach to sustainable development and the role of civil society in Zimbabwe (Solidarity Trust). n http://www.solidaritypeacetrust.org/1159/community-based- approach-to-sustainable-development/ 17.07.2012   The UK House of Parliament debated the issue of Zimbabwe’s diamonds on 17.7.12. A transcript of the debate can be accessed via the Parliamentary Hansard via: n http://www.publications.parliament.uk/pacm201213/cmhansrd/ cm120717/halltext/120717h0001.htm#12071765000001 17.07.2012   Sokwanele issued another in its on-going series about land issues in Zimbabwe. A posting was issued on 17.7.12 by Mandivamba Rukuni who chaired the Commission of Inquiry into Land Tenure Systems in Zimbabwe in 1994. Entitled ’Why Zimbabwe needs to maintain a multi-form land tenure system’, this item can be accessed on line via the following link: n http://www.sokwanele.com/ 18.07.2012   Indigenisation programme is a euphemism for national asset stripping (Crisis). n http://www.crisiszimbabwe.org/index.php?option=com_ content& view=article&id=1192:zimbabwe-briefing-issue- 82&catid=77:zimbabwe-breifing&Itemid=220 10.04.2012   The Centre for Research and Development (CRD) issued a statement expressing shock at pronouncements by the Minister of Youth Development, Indigenisation and Economic Empowerment about the compulsory acquisition of 51% stake in all foreign owned mines in Zimbabwe. n http://www.kubatana.net/html/archive/demgg/120410crd.asp? orgcode=CIV003&year=0&range_start=1
  • 24. 24   Human Rights & National Institutions Women & Children 11.01.2012   Zimbabwe Lawyers for Human Rights (ZLHR) HRDs Alert reported on the case of a four-year-old school boy who was refused enrolment to school because of his dreadlocks. ZLHR notes that this violated the child’s constitutionally protected freedoms. n http://www.kubatana.net/html/archive/hr/120111zlhr1.asp? sector=HR&year=2012&rangestart=421 08.03.2012   Marking the International Women’s Day themed around the empowerment of women and the ending of hunger and poverty 08.03.2012   A statement to mark International Women’s Day was issued on 8.3.12 by Michelle Bechelet of UN Women. n http://www.unwomen.org/2012/03/message-of-michelle- bachelet-executive-director-of-un-women-on-international- womens-day-2012/ 08.03.2012   There are calls for improvements in child and maternal health care. It also considered how elections without reforms in Zimbabwe would be a disaster for the region. n http://www.crisiszimbabwe.org/index.php?option=com_content &view=article&id=728:zimbabwe-briefing-issue-64&catid=77: zimbabwe-breifing&Itemid=220 09.03.2012   Report on progress in the constitution making process in regard to the inclusion of children’s rights in the constitution (Justice for Children Trust (JCT). n http://www.kubatana.net/html/archive/chiyou/120309jct.asp? orgcode=JUS003&year=0&range_start=1 15.03.2012   The gender based violence and politically moti- vated rape faced by women in Zimbabwe; particularly during election periods; was the subject of a strident address AIDS- Free World. He spoke at the 19th Session of the UN Human Rights Council on the occasion of International Women’s Day. Mr Lewis was deeply critical of the UN Secretary General for leaving Zim- babwe off the ‘naming and shaming’ list of countries which have conflict related sexual violence. Comparing Zimbabwe to many of the other countries named in the UN report, he said that “Robert Mugabe’s Zimbabwe beats them all for the scale of oppression and rape”. n http://www.aidsfreeworld.org/Publications-Multimedia/ Speeches/Honor-Women-by-Naming-and-Shaming-Zimbabwe.aspx 15.03.2012   The Research and Advocacy Unit (RAU) issued a paper entitled ‘Sold to the highest bidder – the role of lobola in modern Zimbabwe’. RAU noted that as the debate on unfolds it might be important to evaluate the role of lobola (or bride- price) in women’s lives, and to interrogate whether it has become more of a harmful cultural practice than a constructive one. n http://www.kubatanablogs.net/kubatana/?cat=227 18.06.2012   A new blog was produced by the Research and Advocacy Unit (RAU). The blog of 18.6.12 looked at the attitudes behind newspaper to gender following a newspaper report about the claim by a single mother for child mainte- nance. The blog was entitled ‘I would claim $3000 too’. n http://researchandadvocacyunit.wordpress.com/2012/06/18/ i-would-claim-3000-too/ 22.06.2012   A new report on women and political violence in the context of imminent elections was released by the Research and Advocacy Unit (RAU). The report was entitled ‘Do we really matter? Women’s voices on politics, participation and violence’, concludes that politics takes precedence over everything in Zimbabwe. It observes that violence is seen to be part and parcel of politics. n http://www.researchandadvocacyunit.org/ index.php?option=com_docman&task=cat_ view&Itemid=90&gid=54&orderby=dmdate_published 26.06.2012   Reflecting on his three years in Zimbabwe, the US Ambassador to Zimbabwe, Charles Ray made a presentation on 26.6.12 about how young people can build a better country. n http://harare.usembassy.gov/amb_speeches/three-years-in- zimbabwe-how-i-see-young-people-building-a-better-country. html 23.07.2012   ZLHR reports on how the police are abusing their position with women
  • 25. Zimbabwe Human Rights NGO Forum   25 Gays & Lesbians 24.02.2012   Taurai Zhanje is the first Zimbabwean and, amongst one of only four African contestants, to enter the Mr. Gay World Pageant. GALZ saluted Taurai’s courage in entering the contest given the intense climate of homophobia and restrictive legislation which prevents openness about sexuality. GALZ observes that whilst it does not expect every individual Zimbabwean to embrace gay rights, it hopes all Zimbabweans will understand and promote the fundamental, inalienable and indivisible nature of human rights, including non-discrimi- nation on the basis of race, gender, tribe, culture and sexual orientation (GALZ). n http://www.kubatana.net/Html/archive/sexual/120224galz.asp? sector=SEXUAL&year=0&range_start=1 15.05.2012   Serious concern at utterances attributed to the Minister of Local Government, Rural and Urban Development, Ignatius Chombo. The Minister allegedly urged chiefs to banish those who support homosexuality from their areas and to take away their land. Entitled ‘Kick out gays’ the article in question appeared on 11.5.12 in the State-run Bulawayo-based newspa- per, the Chronicle. ZLHR expressed fears that the Minister’s alleged utterances might cause a round of fresh evictions (ZLHR). n http://www.zlhr.org.zw/index.php?option=com_content& task=view&id=55&Itemid=124 17.05.2012  Gays and Lesbians of Zimbabwe (GALZ) issued a Statement marking the International Day against Homopho- bia and Transphobia on 17.5.12. GALZ noted that it marked the day “to reflect on the daily struggles of LGBTI people and their families in an environment where homophobia is almost institutionalised”. n http://www.kubatana.net/html/archive/sexual/120517galz.asp? orgcode=GAY001&year=0&range_start=1 The Disabled 22.02.2012   The Integrated Regional Network (IRIN) of the UN’s Office for the Co-ordination of Humanitarian Affairs (OCHA) released a short film entitled ‘Out of Sight’. The film explores the lives of blind undocumented migrants from Zimbabwe as they eke out a living begging on the streets of Johannesburg. n http://www.irinnews.org/Film/?id=4886
  • 26. 26   Human Rights & National Institutions T he Zimbabwe Human Rights NGO Forum (also known as the Human Rights Forum) is a coalition of nineteen human rights organizations. The Forum has been in existence since January 1998 when non-governmental organizations working in the field of human rights came together to provide legal and psycho-social assistance to the victims of the food riots of January 1998. The Human Rights Forum has four operational units: n The Public Interest Unit n The Research Unit n The Transitional Justice Unit n International Liaison Office The Human Rights Forum works in close collaboration with its member organizations to provide legal and psycho-social services to victims of organized violence and torture and to document all human rights violations, particularly politically motivated violence. Aboutthe Zimbabwe HumanRights NGOForum The Human Rights Forum can be contacted through any member organization or through: The Executive Director, P.O. Box 9077, Harare 8th Floor Blue Bridge North, Eastgate, Harare Telephone: +263 4 250511 Fax: +263 4 250494 E-mail: [email protected] International Liaison Office, 1B Waterlow Road, London N19 5JN E-mail: [email protected] Telephone: 00 44 207619 3641
  • 28. Member Organizations of the Zimbabwe Human Rights NGO Forum include: Amnesty International (Zimbabwe) Catholic Commission for Justice and Peace in Zimbabwe Gays and Lesbians of Zimbabwe Justice for Children Trust Legal Resources Foundation Media Institute of Southern Africa Media Monitoring Project of Zimbabwe Non-violent Action and Strategic for Social Change Research and Advocacy Unit Student Solidarity Trust Transparency International (Zimbabwe) Women of Zimbabwe Arise Zimbabwe Association of Crime Prevention and the Rehabilitation of the Offender Zimbabwe Association of Doctors for Human Rights Zimbabwe Association of Human Rights Zimbabwe Civic Education Trust Zimbabwe Lawyers for Human Rights Zimbabwe Peace Project (ZPP) Zimbabwe Women Lawyers’ Association The Executive Director, P.O. Box 9077, Harare 8th Floor Blue Bridge North, Eastgate, Harare Telephone:+263 4 250511 Fax:+263 4 250494 E-mail:[email protected] International Liaison Office, 1B Waterlow Road, London N19 5JN E-mail:[email protected] Telephone:00 44 207619 3641