Zimbabwe
05.09.06
Urgent Interventions
Zimbabwe: Ongoing harassment of WOZA activists
New information
ZWE 002 / 0206 / OBS 015.1
Not guilty verdict / Arbitrary arrests /
Releases / Judicial proceedings
Zimbabwe
September 5, 2006
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), has received new information and requests your urgent intervention in the following situation in Zimbabwe.
According to the information received, on August 28, 2006, 63 members of WOZA were found not guilty in a ruling by the Rotten Row Magistrates Court, after a trial that lasted 14 days. The women were facing charges of “breaching the peace”, under Chapter 9.15 of the Miscellaneous Offences Act Section 7 (C), whilst conducting a Valentine’s Day protest outside Parliament in Harare on February 14, 2006 (See background information).
The Observatory thanks all the persons, organisations and institutions, which intervened in favour of all WOZA activists in this case.
However, on August 21, 2006, over 200 activists from WOZA took the streets in the city of Bulawayo in order to protest over the introduction and implementation of the Monetary Policy by the Governor of the Reserve Bank. Among the concerns of the women’s organisation were the arbitrary searches, confiscation and subsequent depositing of old bearer cheques with authorities from the Reserve Bank. In the open letter that WOZA members wanted to deliver to the Governor, they protested against the government’s alleged solution to Zimbabwe’s economic crisis, the so-called “Operation Sunrise”.
At around 11:15 am, the activists began their procession along Main Street. They were then intercepted by the police at the corner of Leopold Takawira Avenue and Main Street. The police arrested 153 of the women, who were brought to five separate holding places and police cells, namely: Bulawayo Central, Saucitown Police Station, Mzilikazi, Queens Park, and Barbourfields Police. Later on that day, their lawyers managed to secure the release of 39 persons, on condition that they report to Bulawayo Central Police everyday until the date of the initial appearance in court.
During their arrest, Ms. Ephy Khumalo, one of WOZA activists, fell from the police truck and sustained a fractured arm. Besides, several juveniles complained of beatings while being interrogated by members of the Law and Order Section at Bulawayo Central before being released into the custody of their lawyers.
On August 23, 2006, the activists appeared in court and were charged for contravening section 37(1) (b) of the Criminal Law Codification and Reform Act, which provides that “any person acting together with one or more other persons present with him or her in any place or at any meeting performs any action, utters any words or distributes or displays any writing, sign or other visible representation that is obscene, threatening, abusive or insulting, intending thereby to provoke a breach of the peace or realising that there is a risk or possibility that a breach of the peace may be provoked shall be guilty of participating in a gathering with intent to promote public violence, a breach of the peace or bigotry, as the case may be, and be liable to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both”. However, on the same day, all the WOZA activists were granted free bail and remanded out of custody. They are due to appear in Court on October 10, 2006.
The Observatory expresses its deepest concern about this ongoing harassment of human rights defenders in Zimbabwe, who face serious risks to their security as well as infringements of their freedoms of expression and association.
Those arrested were allegedly exposed to heavy rains as they were detained in the open police courtyard at Bulawayo Central police station for several hours, before being moved to cells at around 10:30 pm.
Moreover, on February 14, 2006, over twenty uniformed police, armed with baton sticks, and some sporting full riot gear, arrested between 60 and 100 women from WOZA in Harare at lunchtime, as they gathered in the city centre as part of a peaceful protest against social and economic inequalities faced by women in Zimbabwe. The women were rounded up and callously loaded into trucks marked “City of Harare Municipal Police” to be taken to the Law and Order section at Harare Central police station. Mr. Tafadzwa Mugabe, a lawyer from the Rapid Reaction Unit of ZLHR, was harassed, verbally abused and finally arrested and bundled into the truck with his clients. Amongst the detainees is a considerable number of elderly women, as well as at least one young child of around four years of age.
i. Guarantee, in all circumstances, the physical and psychological integrity of all WOZA members, as well as of all human rights defenders in Zimbabwe;
ii. Ensure that the 153 WOZA activists be granted a fair and impartial trial so that all charges against them be dropped, as they are arbitrary;
iii. Put an end to all acts of harassment against WOZA members and all human rights defenders in Zimbabwe;
iv. Conform with the provisions of the Declaration on Human Rights Defenders, in particular its article 1 which states that “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”, and article 12.2, providing that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually or 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”, as well as to comply with the African Charter on Human and Peoples’ Rights, in particular articles 9, 10, 11 and 12, which guarantee the fundamental freedoms of expression, assembly and association;
v. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by Zimbabwe.
Please also write to the embassies of Zimbabwe in your respective country.
***
Geneva - Paris, September 5, 2006
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 and fax FIDH: 33 1 43 55 55 05 / 01 43 55 18 80
Tel and fax OMCT: + 41 (0) 22 809 49 39 / 41 22 809 49 29
ZWE 002 / 0206 / OBS 015.1
Not guilty verdict / Arbitrary arrests /
Releases / Judicial proceedings
Zimbabwe
September 5, 2006
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), has received new information and requests your urgent intervention in the following situation in Zimbabwe.
New information:
The Observatory has been informed by reliable sources, including Zimbabwe Lawyers for Human Rights (ZLHR), that the Rotten Row Magistrates Court declared 63 members of the NGO Women of Zimbabwe Arise (WOZA) not guilty on August 28, 2006. Yet, the harassment of WOZA activists continues.According to the information received, on August 28, 2006, 63 members of WOZA were found not guilty in a ruling by the Rotten Row Magistrates Court, after a trial that lasted 14 days. The women were facing charges of “breaching the peace”, under Chapter 9.15 of the Miscellaneous Offences Act Section 7 (C), whilst conducting a Valentine’s Day protest outside Parliament in Harare on February 14, 2006 (See background information).
The Observatory thanks all the persons, organisations and institutions, which intervened in favour of all WOZA activists in this case.
However, on August 21, 2006, over 200 activists from WOZA took the streets in the city of Bulawayo in order to protest over the introduction and implementation of the Monetary Policy by the Governor of the Reserve Bank. Among the concerns of the women’s organisation were the arbitrary searches, confiscation and subsequent depositing of old bearer cheques with authorities from the Reserve Bank. In the open letter that WOZA members wanted to deliver to the Governor, they protested against the government’s alleged solution to Zimbabwe’s economic crisis, the so-called “Operation Sunrise”.
At around 11:15 am, the activists began their procession along Main Street. They were then intercepted by the police at the corner of Leopold Takawira Avenue and Main Street. The police arrested 153 of the women, who were brought to five separate holding places and police cells, namely: Bulawayo Central, Saucitown Police Station, Mzilikazi, Queens Park, and Barbourfields Police. Later on that day, their lawyers managed to secure the release of 39 persons, on condition that they report to Bulawayo Central Police everyday until the date of the initial appearance in court.
During their arrest, Ms. Ephy Khumalo, one of WOZA activists, fell from the police truck and sustained a fractured arm. Besides, several juveniles complained of beatings while being interrogated by members of the Law and Order Section at Bulawayo Central before being released into the custody of their lawyers.
On August 23, 2006, the activists appeared in court and were charged for contravening section 37(1) (b) of the Criminal Law Codification and Reform Act, which provides that “any person acting together with one or more other persons present with him or her in any place or at any meeting performs any action, utters any words or distributes or displays any writing, sign or other visible representation that is obscene, threatening, abusive or insulting, intending thereby to provoke a breach of the peace or realising that there is a risk or possibility that a breach of the peace may be provoked shall be guilty of participating in a gathering with intent to promote public violence, a breach of the peace or bigotry, as the case may be, and be liable to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both”. However, on the same day, all the WOZA activists were granted free bail and remanded out of custody. They are due to appear in Court on October 10, 2006.
The Observatory expresses its deepest concern about this ongoing harassment of human rights defenders in Zimbabwe, who face serious risks to their security as well as infringements of their freedoms of expression and association.
Background information:
On February 13, 2006, approximately 181 persons, mainly women, who were demonstrating under the banner of WOZA, along with 14 children, were arrested in central Bulawayo, as they were dispersing from a peaceful protest against human rights violations. Among those arrested were four WOZA leaders, Mrs. Jennifer Williams, Mrs. Magodonga Mahlangu, Mrs. Emily Mpofu and Mrs. Maria Moyo, who were finger-printed and ordered to make statements. The detainees were charged with “organising an unlawful gathering” (Section 24 of the POSA).Those arrested were allegedly exposed to heavy rains as they were detained in the open police courtyard at Bulawayo Central police station for several hours, before being moved to cells at around 10:30 pm.
Moreover, on February 14, 2006, over twenty uniformed police, armed with baton sticks, and some sporting full riot gear, arrested between 60 and 100 women from WOZA in Harare at lunchtime, as they gathered in the city centre as part of a peaceful protest against social and economic inequalities faced by women in Zimbabwe. The women were rounded up and callously loaded into trucks marked “City of Harare Municipal Police” to be taken to the Law and Order section at Harare Central police station. Mr. Tafadzwa Mugabe, a lawyer from the Rapid Reaction Unit of ZLHR, was harassed, verbally abused and finally arrested and bundled into the truck with his clients. Amongst the detainees is a considerable number of elderly women, as well as at least one young child of around four years of age.
Action requested :
Please write to the Zimbabwean authorities, urging them to :i. Guarantee, in all circumstances, the physical and psychological integrity of all WOZA members, as well as of all human rights defenders in Zimbabwe;
ii. Ensure that the 153 WOZA activists be granted a fair and impartial trial so that all charges against them be dropped, as they are arbitrary;
iii. Put an end to all acts of harassment against WOZA members and all human rights defenders in Zimbabwe;
iv. Conform with the provisions of the Declaration on Human Rights Defenders, in particular its article 1 which states that “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”, and article 12.2, providing that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually or 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”, as well as to comply with the African Charter on Human and Peoples’ Rights, in particular articles 9, 10, 11 and 12, which guarantee the fundamental freedoms of expression, assembly and association;
v. 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
- Mr. Augustine Chihuri, Police Commissioner, Police Headquarters, P.O. Box 8807, Causeway, Harare, Zimbabwe, Fax : +263 4 253 212 / 728 768 / 726 084
- Mr. Sobuza Gula Ndebele, 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, September 5, 2006
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 and fax FIDH: 33 1 43 55 55 05 / 01 43 55 18 80
Tel and fax OMCT: + 41 (0) 22 809 49 39 / 41 22 809 49 29