Zimbabwe
23.10.03
Urgent Interventions

Zimbabwe : arrest of 400 activists of the National Constitutional Assembly including Mr. Lovemore Madhuku

URGENT APPEAL - THE OBSERVATORY

ZIM 001/1003/055
Arbitrary arrests / Restriction of freedom of assembly
ZIMBABWE
23 October 2003

The Observatory for the Protection of Human Rights Defenders, a joint programme of the FIDH and the OMCT, requests your urgent intervention in the following situation in Zimbabwe.

Description of the situation :

The Observatory has been informed by ZimRights of the arrest of about 400 activists of the National Constitutional Assembly (NCA) in Harare on 22 October 2003, including the Chairman of NCA, Mr Lovemore Madhuku.

The NCA, a network of Non Governmental Organisations in Zimbabwe, which include most of the Zimbabwean human rights NGOs, was demonstrating peacefully in Harare, when they were violently arrested by members of the police force. The NCA activists were calling for more democracy and for a people-driven Constitution to replace the 1978 Constitution which was drafted before Zimbabwe's independence.

According to the information received, the demonstrators were seriously beaten up by the police and arrested. They have also been denied the access to their lawyers.

The Observatory condemns the arrests of NCA activists and considers these events to be a further political move aiming at stifling free and independent voices in the country. These acts take place in a context of increasing violations of freedom of demonstration in Zimbabwe : on 8 and 9 October 2003, more than 150 officials and members of the Zimbabwe Congress of Trade Unions (ZCTU) were indeed arrested in different cities of Zimbabwe, whilst they were peacefully demonstrating to protest over high levels of taxation, high cost of living, shortage of cash and the gross violation of human and trade union rights. They were later released without charges.

The Observatory is very concerned by the arbitrary character of these arrests which contravene freedoms of assembly, expression and association guaranteed notably by article 5 of the Declaration on Human Rights Defenders adopted on the 9th of December 1998, by the U.N. General Assembly, which states that « everyone has the right, individually or in association with other, [...] to meet or assemble peacefully [and] to form, join and participate in non-governmental organizations, associations or groups ».

Finally, the Observatory is concerned at the occurrence of a new attack against a well-know human rights lawyer : on 12 October, Mrs. Beatrice Mtetwa was attacked at Borrowdale police station by a member of the Zimbabwe Republic Police, following an attack in the street by a group of men who had tried to steal her car. Instead of pursuing the carjackers, the police chose to victimize her and she was allegedly kicked on her body and beaten on her face. In the context of the repression against human rights defenders in Zimbabwe, the Observatory fears that this attack may have been directly directed at her, in reaction to her activities as a human rights lawyer.


Action requested :

Please write to the Zimbabwean authorities urging them to:

i. Free all NCA activists who are arbitrarily detained in the briefest delay, since their detention only aims at sanctioning their freedom of assembly and expression, and guarantee their physical and psychological integrity;
ii. Investigate the acts of violence perpetrated against Mrs. Beatrice Mtetwa, in order to open a judicial proceeding against their author and punish him in accordance with the law, and guarantee her physical and psychological integrity;
iii. Conform with the provisions of the UN Declaration on Human Rights Defenders in particular article 1, which states that « everyone has the right, individually or in association with others, to promote the protection and realization of human rights and fundamental freedoms at the national and international levels » and article 5 above mentioned;
iv. Guarantee the application of the Universal Declaration on Human Rights and Covenants and international Conventions ratified by Zimbabwe.

Addresses :

-President Robert Mugabe, Fax: 263 4 79 03 16 / 263 4 73 46 44
-Home Affairs Ministry, Mr. Dumiso Dabenjwa, Fax: 263 4 72 67 16


Geneva - Paris, October 23rd, 2003

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

The Observatory, a joint 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.

To contact the Observatory, call the Emergency line
New coordinates :
Fax : 33 (0) 1 55 80 83 92 Tel FIDH 33 (0) 1 43 55 20 11 OMCT + 41 22 809 49 39
E.Mail : observatoire@iprolink.ch