Zimbabwe
03.05.04
Urgent Interventions
Zimbabwe: acts of repression against ZimRights members
URGENT APPEAL – THE OBSERVATORY
ZWE 002/0504/OBS 032
Arbitrary arrest and detention
Zimbabwe
May 3, 2004
The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), requests your urgent intervention in the following situation in Zimbabwe.
Description of the situation:
The Observatory has been informed by the Zimbabwe Human Rights Association (ZimRights) of new acts of repression against ZimRights members during the past week.
According to the information received, Ms. Sheba Phiri, ZimRights' Deputy National Chairperson, was arbitrarily arrested by plain clothes police on April 28, 2004, and detained at Bulawayo Central Police station. Police ransacked and searched every room of Ms. Phiri's apartment without a search warrant. The police took away reports, files and documents concerning ZimRights’ activities. Ms. Phiri is also an active member of Amnesty International and the National Constitutional Assembly (NCA), a collective of independent NGOs dedicated to the promotion of democracy and the rule of law in Zimbabwe. Documents related to the work of these organizations were also confiscated.
Ms. Phiri was arrested together with Mr. Felix Mafa (a member of Post-Independence Survivors Trust (PIST), an NGO that provides assistance to the victims of the "Gukurahundi" massacres of the early 1980s in Matabeleland and the Midlands provinces), Mr. Goden Moyo (an NCA member), Mr. Reggie Moyo (a member of Bulawayo Agenda, a pro-democracy Group in Bulawoyo), and two other persons.
All were detained and interrogated, and then released two hours later. The police informed the detainees that they could be summoned in the future.
Moreover, ZimRights Regional Officer in Masvingo, Ms Mabel Sikhosana, was arrested on April 27, 2004, and temporarily detained by Masvingo Police Officers for allegedly organizing a meeting without informing responsible authorities. However, according to the information received, Ms Mabel has not organised any meeting.
The Observatory fears that these events are linked to the peaceful march in favour of democracy and constitutional reform that took place in Harare on April 28. Reportedly, Zimbabwean authorities often arrest and detain people whom they suspect will take part in peaceful demonstrations. During the April 28 march, NCA activists were attacked by the Zimbabwe Republic Police with baton sticks and riot gear. On the same day, 27 NCA activists from Mutare, who were on their way to the march, were - briefly detained on a Harare bound commuter train, interrogated and later released. No charges were brought against them.
In a separate incident on April 23, 2004, the house of Mr Arnold Tsunga, ZimRights National Chairman and Director of Zimbabwe Lawyers for Human Rights (ZLHR), was broken into and computer diskettes and publications concerning ZimRights were stolen. However, no other valuables were stolen. Mr. Tsunga lodged a complaint with the local police in Harare and was told that an investigation would be opened.
According to ZimRights, between January and April 2004, the ZimRights legal department received over 275 reports concerning acts of intimidation against opposition supporters, human rights defenders and activists at the hands of police, youths and militia groups that have been established in communities around the country to repress dissent.
The Observatory is deeply concerned over the persistence of such acts of repression against human rights defenders and civil society in Zimbabwe (see 2003 Observatory Annual Report, Observatory Evaluation Report "2003: Systematic repression of human rights defenders in Zimbabwe", February 2004 and joint Observatory/ZimRights Report “Onslaught Against Human Rights Defenders”, February 2003).
The Observatory notes that these acts of repression are in total disregard of the Declaration on Human Rights Defenders adopted by the UN General Assembly on December 9, 1998, in particular Article 5a which states that "[f]or the purpose of promoting and protecting human rights and fundamental freedoms, everyone has the right, individually and in association with others, at the national and international levels (…) [t]o meet or assemble peacefully", as well as article 12.2 which provides that "[t]he 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 present Declaration".
Actions requested:
Please write to the authorities of Zimbabwe urging them to:
i. end all forms of repression against ZimRights activists and all human rights defenders in Zimbabwe;
ii. guarantee in all circumstances that human rights defenders and organisations are able to carry out their human rights work, including to demonstrate peacefully;
iii. ensure an impartial and independent investigation into the search of Mr. Arnold Tsunga’s house, identify those responsible, bring them before a civil, competent and impartial tribunal and apply the penal and/or administrative sanctions provided by law;
iv. ensure the implementation of the provisions on the Declaration on Human Rights Defenders adopted by the UN general Assembly on December 9, 1998, in particular article 1 which states that "[e]very person has the right, individually or collectively, to promote the protection and fulfilment of human rights and fundamental liberties at the national and international level", as well as articles 5a and 12.2 mentioned above;
v. guarantee the respect of human rights and fundamental freedoms in accordance with the Universal Declaration on Human Rights and other international instruments
ratified by Zimbabwe.
Addresses :
The Honourable 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
The Hon Patrick Chinamasa, Minister of Justice, Legal and Parliamentary Affairs, Ministry of Justice, Legal and Parliamentary Affairs, 5th Floor Corner House, Private Bag 7751, Causeway, Harare, Zimbabwe, Fax: + 263 4 790901 / 772999
The Hon Andrew Chigovera, Attorney-General, Office of the Attorney-General, PO Box 7714, Causeway, Harare, Zimbabwe, Fax: + 263 4 790 901
Police Commissioner, Mr. Augustine Chihuri, Police Headquarters, P.O Box 8807, Causeway, Harare, Zimbabwe Fax:+ 263 4 726 084/ 235 212/ 728 768
Ambassadeur, Chipazowa, Chitsaka, Permanent Mission of the Republic of Zimbabwe, Ch. William Barbey 27, CH-1292, Chambésy, Switzerland, e-mail:
mission.zimbabwe@ties.itu.int, fax: + 41 22 758 30 44
Paris - Geneva, May 3, 2004
Kindly inform the Observatory of any action undertaken quoting the code number of this appeal in your reply.
The Observatory, an 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:
Tel and fax: FIDH : +33 (0) 1 43 55 20 11 / 43 55 18 80
Tel and fax OMCT : + 41 22 809 49 39 / 809 49 29
E-mail : observatoire@iprolink.ch
ZWE 002/0504/OBS 032
Arbitrary arrest and detention
Zimbabwe
May 3, 2004
The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), requests your urgent intervention in the following situation in Zimbabwe.
Description of the situation:
The Observatory has been informed by the Zimbabwe Human Rights Association (ZimRights) of new acts of repression against ZimRights members during the past week.
According to the information received, Ms. Sheba Phiri, ZimRights' Deputy National Chairperson, was arbitrarily arrested by plain clothes police on April 28, 2004, and detained at Bulawayo Central Police station. Police ransacked and searched every room of Ms. Phiri's apartment without a search warrant. The police took away reports, files and documents concerning ZimRights’ activities. Ms. Phiri is also an active member of Amnesty International and the National Constitutional Assembly (NCA), a collective of independent NGOs dedicated to the promotion of democracy and the rule of law in Zimbabwe. Documents related to the work of these organizations were also confiscated.
Ms. Phiri was arrested together with Mr. Felix Mafa (a member of Post-Independence Survivors Trust (PIST), an NGO that provides assistance to the victims of the "Gukurahundi" massacres of the early 1980s in Matabeleland and the Midlands provinces), Mr. Goden Moyo (an NCA member), Mr. Reggie Moyo (a member of Bulawayo Agenda, a pro-democracy Group in Bulawoyo), and two other persons.
All were detained and interrogated, and then released two hours later. The police informed the detainees that they could be summoned in the future.
Moreover, ZimRights Regional Officer in Masvingo, Ms Mabel Sikhosana, was arrested on April 27, 2004, and temporarily detained by Masvingo Police Officers for allegedly organizing a meeting without informing responsible authorities. However, according to the information received, Ms Mabel has not organised any meeting.
The Observatory fears that these events are linked to the peaceful march in favour of democracy and constitutional reform that took place in Harare on April 28. Reportedly, Zimbabwean authorities often arrest and detain people whom they suspect will take part in peaceful demonstrations. During the April 28 march, NCA activists were attacked by the Zimbabwe Republic Police with baton sticks and riot gear. On the same day, 27 NCA activists from Mutare, who were on their way to the march, were - briefly detained on a Harare bound commuter train, interrogated and later released. No charges were brought against them.
In a separate incident on April 23, 2004, the house of Mr Arnold Tsunga, ZimRights National Chairman and Director of Zimbabwe Lawyers for Human Rights (ZLHR), was broken into and computer diskettes and publications concerning ZimRights were stolen. However, no other valuables were stolen. Mr. Tsunga lodged a complaint with the local police in Harare and was told that an investigation would be opened.
According to ZimRights, between January and April 2004, the ZimRights legal department received over 275 reports concerning acts of intimidation against opposition supporters, human rights defenders and activists at the hands of police, youths and militia groups that have been established in communities around the country to repress dissent.
The Observatory is deeply concerned over the persistence of such acts of repression against human rights defenders and civil society in Zimbabwe (see 2003 Observatory Annual Report, Observatory Evaluation Report "2003: Systematic repression of human rights defenders in Zimbabwe", February 2004 and joint Observatory/ZimRights Report “Onslaught Against Human Rights Defenders”, February 2003).
The Observatory notes that these acts of repression are in total disregard of the Declaration on Human Rights Defenders adopted by the UN General Assembly on December 9, 1998, in particular Article 5a which states that "[f]or the purpose of promoting and protecting human rights and fundamental freedoms, everyone has the right, individually and in association with others, at the national and international levels (…) [t]o meet or assemble peacefully", as well as article 12.2 which provides that "[t]he 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 present Declaration".
Actions requested:
Please write to the authorities of Zimbabwe urging them to:
i. end all forms of repression against ZimRights activists and all human rights defenders in Zimbabwe;
ii. guarantee in all circumstances that human rights defenders and organisations are able to carry out their human rights work, including to demonstrate peacefully;
iii. ensure an impartial and independent investigation into the search of Mr. Arnold Tsunga’s house, identify those responsible, bring them before a civil, competent and impartial tribunal and apply the penal and/or administrative sanctions provided by law;
iv. ensure the implementation of the provisions on the Declaration on Human Rights Defenders adopted by the UN general Assembly on December 9, 1998, in particular article 1 which states that "[e]very person has the right, individually or collectively, to promote the protection and fulfilment of human rights and fundamental liberties at the national and international level", as well as articles 5a and 12.2 mentioned above;
v. guarantee the respect of human rights and fundamental freedoms in accordance with the Universal Declaration on Human Rights and other international instruments
ratified by Zimbabwe.
Addresses :
The Honourable 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
The Hon Patrick Chinamasa, Minister of Justice, Legal and Parliamentary Affairs, Ministry of Justice, Legal and Parliamentary Affairs, 5th Floor Corner House, Private Bag 7751, Causeway, Harare, Zimbabwe, Fax: + 263 4 790901 / 772999
The Hon Andrew Chigovera, Attorney-General, Office of the Attorney-General, PO Box 7714, Causeway, Harare, Zimbabwe, Fax: + 263 4 790 901
Police Commissioner, Mr. Augustine Chihuri, Police Headquarters, P.O Box 8807, Causeway, Harare, Zimbabwe Fax:+ 263 4 726 084/ 235 212/ 728 768
Ambassadeur, Chipazowa, Chitsaka, Permanent Mission of the Republic of Zimbabwe, Ch. William Barbey 27, CH-1292, Chambésy, Switzerland, e-mail:
mission.zimbabwe@ties.itu.int, fax: + 41 22 758 30 44
Paris - Geneva, May 3, 2004
Kindly inform the Observatory of any action undertaken quoting the code number of this appeal in your reply.
The Observatory, an 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:
Tel and fax: FIDH : +33 (0) 1 43 55 20 11 / 43 55 18 80
Tel and fax OMCT : + 41 22 809 49 39 / 809 49 29
E-mail : observatoire@iprolink.ch