Acts of harassment against members of the Zimbabwe Election Support Network

April 28, 2008

The Observatory for the Protection of Human Rights Defenders, a joint programme of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), requests your urgent intervention in the following situation in Zimbabwe.

Brief description of the situation:

The Observatory has been informed by Zimbabwe Lawyers for Human Rights (ZLHR) about acts of harassment against members of the Zimbabwe Election Support Network (ZESN).

According to the information received, on April 25, 2008, at around 11am, the ZESN offices in Belgravia Harare were raided by armed members of the Zimbabwe Republic Police, lead by Chief Superintendent Makedenge. The police officers also raided the home of Ms. Rindai Chipfunde-Vava, ZESN Director. The officers presented a similar search warrant in both cases which entitled them to search for “subversive” materials including desktop and laptop computers. Materials and office equipments were seized.

Subsequent to these two searches, the police insisted that all ZESN board members report to the Harare Central Police Station, Law and Order Section, on April 25, 2008, for questioning in connection with allegations of “supporting or assisting any group to overthrow or attempt to overthrow the Government by unconstitutional means or usurp the functions of Government or to coerce or attempt to coerce the Government” under section 22 (2) b of Zimbabwe’s Criminal Law (Codification and Reform) Act. The alleged offence provides a 20 years imprisonment sentence.

The other ZESN board members include Ms. Irene Petras, ZLHR Executive Director, Mr. Dzikamai Machingura, Executive Director of Zimbabwe Human Rights Association (ZimRights), Mr. Barnabas Mangodza, Executive Director of Combined Harare Residents Association (CHRA), Mr. Jestina Mukoko, Executive Director of Zimbabwe Peace Project (ZPP), Mr. Clever Bere, President of the Zimbabwe National Students Union (ZINASU), Dr. Francis Lovemore, member of the Counselling Services Unit of the Wellington Mbofana, Civic Education Network, Mr. Alois Chaumba, Director of the Catholic Commission for Justice and Peace, and Mr. Earnest Mudzengi, Director of the National Constitutional Assembly.

Although none of the above-mentioned persons went to the police station on April 25, Mr. Noel Kututwa, ZESN Chairperson, went to the police station on April 28, 2008, in the company of lawyer Harrison Nkomo. He was questioned and released. However, the police indicated that they would call them again “should the need arise”.

The Observatory expresses its deep concern regarding these acts of police harassment against Zimbabwean human rights defenders, in a context of increasing repression against all persons who were involved in the March 2008 election process. The Observatory further recalls that according to Article 1 of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, “everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels”.

Actions required:

Please write to the authorities of Zimbabwe urging them to:

1. Guarantee in all circumstances the physical and psychological integrity of all board members of the Zimbabwe Election Support Network (ZESN);
2. Put an end to all acts of harassment against ZESN members as well as against all human rights defenders in Zimbabwe;
3. Conform with the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, especially its above-mentioned Article 1 and article 12.2, which provides that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the [...] Declaration”;
4. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by Zimbabwe.

Addresses :

• President of Zimbabwe, Mr. Robert G. Mugabe, Office of the President, Private Bag 7700, Causeway, Harare, Zimbabwe, Fax : +263 4 708 211
• Mr. Khembo Mohadi, Minister of Home Affairs, Ministry of Home Affairs, 11th Floor Mukwati Building, Private Bag 7703, Causeway, Harare, Zimbabwe, Fax : +263 4 726 716
• Mr. Patrick Chinamasa, Minister of Justice, Legal and Parliamentary Affairs, Ministry of Justice, Legal and Parliamentary Affairs, Fax: + 263 4 77 29 99 / +263 4 252 155
• Mr. Augustine Chihuri, Commissioner General, Police Headquarters, P.O. Box 8807, Causeway, Harare, Zimbabwe, Fax : +263 4 253 212 / 728 768 / 726 084
• Mr. Justice Bharat Patel, Attorney-General, Office of the Attorney, PO Box 7714, Causeway, Harare, Zimbabwe, Fax: + 263 4 77 32 47
• Mrs. Chanetsa, Office of the Ombudsman Fax: + 263 4 70 41 19
• Ambassador Mr. Chitsaka Chipaziwa, Permanent Mission of Zimbabwe to the United Nations in Geneva, Chemin William Barbey 27, 1292 Chambésy, Switzerland, Fax: + 41 22 758 30 44, Email: mission.zimbabwe@ties.itu.net
• Ambassador Mr. Pununjwe, Embassy of Zimbabwe in Brussels, 11 SQ Josephine Charlotte, 1200 Woluwe-Saint-Lambert, Belgium, Fax: + 32 2 762 96 05 / + 32 2 775 65 10, Email: zimbrussels@skynet.be

Please also write to the embassies of Zimbabwe in your respective country.

Geneva - Paris, April 28, 2008

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

The Observatory, a FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need.

The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.

To contact the Observatory, call the emergency line:
Email : Appeals@fidh-omct.org
Tel et fax FIDH : + 33 1 43 55 55 05 / 33 1 43 55 18 80
Tel et fax OMCT : +41 22 809 49 39 / 41 22 809 49 29