Zambia
09.02.05
Urgent Interventions
Zimbabwe: Open letter: Expulsion of a COSATU mission; harassment of ZCTU trade union leaders
Open Letter To Mr. Robert Mugabe
President of the Republic of Zimbabwe
Paris-Geneva, February 9, 2005
Re: Expulsion of a COSATU mission and harassment of ZCTU trade unionists
Dear Sir,
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), wishes to express its grave concern for the infringements of the right to defend workers rights in Zimbabwe.
On February 2, 2005, a mission of the Congress of South African Trade Unions (COSATU), including its Secretary General, Mr. Zwelinzima Vavi, arrived in Zimbabwe for a 48-hour visit aimed in particular at meeting with members of the Zimbabwe Congress of Trade Unions (ZCTU) to discuss issues and difficulties they have been confronted with in conducting their work. The mission was expelled from the country immediately upon arrival.
The Observatory recalls that another such COSATU delegation had been expelled from Zimbabwe on October 26, 2004, a few hours after its members had started a meeting at ZCTU’s headquarters, which was then raided by the police.
The Observatory believes these expulsions are intended to prevent a true assessment of the situation of trade unionists in the country and violations perpetrated against them, which have been previously denounced before the International Labour Organisation (ILO) by the International Confederation of Free Trade Unions (ICFTU). In particular, the dismissal of ZCTU President, Mr. Lovemore Matombo, in January 2004, from his position at Zimbabwe Post (Zimpost) for attending an international trade union gathering in Karthoum, Sudan, has resulted in a formal complaint before the ILO. He and other employees dismissed by Zimpost for their trade union activities have not been reinstated and must count on financial support from ZCTU.
Four other Zimbabwean trade union leaders, Mr. Wellington Chibebe, General Secretary of ZCTU, Ms. Lucia Matibenga, Mr. Timothy Kondo and Mr. Sam Machinda, were arrested on August 5, 2004, and released on a Z$200,000 bail the next day after a short hearing at the Gweru court. They were initially accused of organising a workshop without police clearance, which trade unions are exempted from requesting according to section 46 (j) of the Public Order and Security Act (POSA). As they appeared at the same court on September 8, 2004, they were charged with contravening section 19, subsection 1B of the POSA, on conducting a riot, disorder or intolerance, formally accused of “uttering words likely to cause despondence and encourage the overthrow of the government”. At another hearing on November 3, 2004, the charges against Ms. Matibenga, Mr. Machinda and Mr. Kondo were dropped. However, the case against Mr. Chibebe is still pending and the next hearing is due to be held on March 1, 2005.
The Observatory recalls that these measures are flagrant violations of the UN Declaration on Human Rights Defenders, adopted on December 9, 1998, which states in its article 1 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”.
The Observatory urges the Zimbabwean authorities to reinstate all those who have been dismissed from their jobs for their legitimate trade union activities, in particular Mr. Lovemore Matombo, as well as to drop all charges against Mr. Chibebe.
More generally, the Observatory urges that an end be put to all acts of harassment against human rights defenders in Zimbabwe, including workers rights defenders, and that the Zimbabwean authorities conform with all provisions of the above-mentioned Declaration and all international human rights instruments ratified by Zimbabwe.
In hope you will take these considerations and requests into account,
We remain,
Sidiki KABA
President of FIDH
Eric SOTTAS
Directeur of OMCT
President of the Republic of Zimbabwe
Paris-Geneva, February 9, 2005
Re: Expulsion of a COSATU mission and harassment of ZCTU trade unionists
Dear Sir,
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), wishes to express its grave concern for the infringements of the right to defend workers rights in Zimbabwe.
On February 2, 2005, a mission of the Congress of South African Trade Unions (COSATU), including its Secretary General, Mr. Zwelinzima Vavi, arrived in Zimbabwe for a 48-hour visit aimed in particular at meeting with members of the Zimbabwe Congress of Trade Unions (ZCTU) to discuss issues and difficulties they have been confronted with in conducting their work. The mission was expelled from the country immediately upon arrival.
The Observatory recalls that another such COSATU delegation had been expelled from Zimbabwe on October 26, 2004, a few hours after its members had started a meeting at ZCTU’s headquarters, which was then raided by the police.
The Observatory believes these expulsions are intended to prevent a true assessment of the situation of trade unionists in the country and violations perpetrated against them, which have been previously denounced before the International Labour Organisation (ILO) by the International Confederation of Free Trade Unions (ICFTU). In particular, the dismissal of ZCTU President, Mr. Lovemore Matombo, in January 2004, from his position at Zimbabwe Post (Zimpost) for attending an international trade union gathering in Karthoum, Sudan, has resulted in a formal complaint before the ILO. He and other employees dismissed by Zimpost for their trade union activities have not been reinstated and must count on financial support from ZCTU.
Four other Zimbabwean trade union leaders, Mr. Wellington Chibebe, General Secretary of ZCTU, Ms. Lucia Matibenga, Mr. Timothy Kondo and Mr. Sam Machinda, were arrested on August 5, 2004, and released on a Z$200,000 bail the next day after a short hearing at the Gweru court. They were initially accused of organising a workshop without police clearance, which trade unions are exempted from requesting according to section 46 (j) of the Public Order and Security Act (POSA). As they appeared at the same court on September 8, 2004, they were charged with contravening section 19, subsection 1B of the POSA, on conducting a riot, disorder or intolerance, formally accused of “uttering words likely to cause despondence and encourage the overthrow of the government”. At another hearing on November 3, 2004, the charges against Ms. Matibenga, Mr. Machinda and Mr. Kondo were dropped. However, the case against Mr. Chibebe is still pending and the next hearing is due to be held on March 1, 2005.
The Observatory recalls that these measures are flagrant violations of the UN Declaration on Human Rights Defenders, adopted on December 9, 1998, which states in its article 1 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”.
The Observatory urges the Zimbabwean authorities to reinstate all those who have been dismissed from their jobs for their legitimate trade union activities, in particular Mr. Lovemore Matombo, as well as to drop all charges against Mr. Chibebe.
More generally, the Observatory urges that an end be put to all acts of harassment against human rights defenders in Zimbabwe, including workers rights defenders, and that the Zimbabwean authorities conform with all provisions of the above-mentioned Declaration and all international human rights instruments ratified by Zimbabwe.
In hope you will take these considerations and requests into account,
We remain,
Sidiki KABA
President of FIDH
Eric SOTTAS
Directeur of OMCT