Crisis in Zimbabwe Coalition
Box CY434 Causeway, Harare

Phone/Fax: 747 817

Email: [email protected]

PRESS STATEMENT

Freedom at Last!

Charges against leaders and activists of the Zimbabwe Congress of Trade Unions (ZCTU), National Constitutional Assembly (NCA), Crisis in Zimbabwe Coalition and other civic societies, arrested on Tuesday November 18, 2003 were dropped. The Activists were arrested for demonstrating against government’s mismanagement of the economy, high inflation and taxation. We applaud the individual officers within the Attorney General’s department whose decision it was to decline to prosecute some of Zimbabwe’s illustrious human rights defenders.

During the war of liberation thousands of our brothers and sisters died in an effort to free themselves from oppression and in order to attain basic human rights, freedoms and dignity. Our arrest and detention illustrates the irony; that former freedom fighters using laws and brutish tactics similar to those used by the Rhodesia Front government, suppress freedom of expression and violate Zimbabweans fundamental human rights. We fought for the right of self-determination, the right to choose our political leadership, the freedom to express ourselves through the electronic and print mass media and the freedom to freely associate with whomsoever we chose. These are values and norms for which we as Zimbabweans are prepared to die.

As in previous statements, vindicated by today’s withdrawal of the charges against us, Crisis maintains that the arrest, detention and subsequent remand of civic society leaders and activists reveals a shocking and gross abuse of police powers of arrest and the judicial process. It certainly defies logic that for two days we were detained in prison cells without being advised of the offence for which we had been arrested, only to be collectively charged with organising the demonstration, and then have the charges withdrawn.

Charging civic and labour leaders and activists under the Miscellaneous Offences Act to stifle dissent and free expression of opinion simply illustrates just how desperate and low the government has sunk. Zimbabweans are aware and the world should know that Zimbabwe is a police state, “where to criticise, excite disaffection, bring into contempt or ridicule the President is a punishable offence.”

Civic and labour leaders and activists’ arrest comes in the wake of the recent visit by His Excellency the Nigerian President, Mr. Obasanjo to Zimbabwe and President Mugabe’s claim that Zimbabwe has not violated any covenant and that its suspension should be lifted.

We say to Zimbabweans and the world; have the reasons for which Zimbabwe was suspended from the Councils of the Commonwealth resolved?

Ø has the arbitrary arrest, detention, harassment and torture of citizens stopped?

Ø does Zimbabwe uphold freedom of expression; if so why was the only independent daily newspaper, the Daily News shut down, and tens of journalists arrested?

Ø why are illegal farm invasions and electoral violence continuing?

Ø was the illegal arrest and detention of Justice Paradza, and the President and Secretary of the Law Society not illustrative of the government’s interference with the Judiciary and officers of the Court?

Ø why were pastors carrying crosses, and women carrying roses brutally assaulted, arrested and incarcerated in prison?

The only way to pressure President Mugabe to reform the totalitarian state that his government has created is to point out that he has not done enough to deserve being admitted into the ranks of democracies. To President Mugabe we say; the world is watching, but sadly the revolution is eating its own children.

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Names of Activists Detained at Harare Central police Station

Abel Gumbo
Alphonso Chasivera
Andrew Moyse
Brian Raftopoulos
Charles Makozho
Cleve Muronzerei
Cyprian Chikwira
Eastvale Kamburai
Edwell Taringa
Elias Mlotshwa
Francis Gombedza
George Nkiwane
Golden Marawa
Hamilton Gomba
Innocent Sibanda
Janah Ncube
Japhet Moyo
John Girazi
John Makumbe
Joseph Midzi
Kingston Mukondiwa
Lancelot Mupefure
Langton Mugeji
Lovemore Madhuku
Lovemore Matombo
Lovemore Mukadadzviti
Lucia Matibenga
Macdonald Mangauzani
Mike Davies
Monica Makuvise
Morris Mukanda
Moses Ngondo
Omen Maradeva
Paul Sibeda
Peter Mutizirei
Phibeon Chenyika
Philip Gavaza
Philip Pasirayi
Pilate Mushanyuki
Raymond Majongwe
Robin Zumalo
Sibusisiwe Moyo
Silvester Nhamomuchandidii
Simon Tayali
Tabitha Khumalo
Tarungo Chipuza
Tecla Masamba
Vusimuzi Ncube
Wellington Chibebe
Wellington Chisese
Wilson Nyambure
Yeukai Denhenga

Issued on November 21 2003

ARRESTS OF TRADE UNIONISTS AND CSO LEADERS

Zimbabwe Lawyers for Human Rights having been monitoring the events of the arrest of the ZCTU and civic leaders in Harare and other towns and reports as follows:

Background Information

The Zimbabwe Congress of trade Unions (ZCTU) is the authentic independent labour movement in Zimbabwe representing the interest of the workers in Zimbabwe. It is an umbrella body of independent trade unions with a number of trade unions in various undertakings affiliated to it. It is the strongest labour union on the land. In 1999 another trade union which has strong links with the ruling party, the Zimbabwe Federation of Trade Unions (ZFTU) was registered by the government of Zimbabwe. It has however failed to win the support of the workers owing to its strong links to the ruling party and the fact that it is seen as having been formed to counter the strength of the ZCTU which is still regarded as the only authentic and legitimate voice of the workers in Zimbabwe.

For some time the ZCTU has been critical of the government’s failure to address the serious economic decline that has seen the quality of life in Zimbabwe deteriorate to levels that have never been experienced in the history of this country. Inflation is believed to be running at over 600%. The unemployment rate is between 70 and 80%. There are endemic shortages of basic necessities such as cash, fuel, foreign, currency, essential food staffs (including mealie meal and beef). When available the cost of basic foodstuffs is completely out of reach of the workers. Even professionals such as teachers find themselves having to spend more than half of their salary on purchasing bread alone . The HIV/Aids pandemic has taken its toll on the workers with reported deaths of over 5000 per week . Millions of Zimbabweans have reportedly left the country to live as refugees or illegal immigrants mainly in South Africa, Botswana and the United Kingdom. The three countries have now resultantly tightened entry requirements for Zimbabweans. Zimbabwe remains one of the most taxed nations in the world with over 30% of peoples’ earnings spent on taxes. Corruption is now endemic and has become part of the national culture. 4.5 million people out of the 6 million people facing starvation in the SADC region are in Zimbabwe. In short life has become unbearable for the majority of Zimbabweans who happen to be workers. ZCTU’s complaints were therefore motivated by this state of affairs as well as the absence of any political will or clear cut government effort to resolve this crisis.

The National Constitutional Assembly (NCA) and civil society leaders under the Crisis Coalition (a coalition of a number of human rights and civil society organizations campaigning for a return to democratic rule in Zimbabwe) supported the ZCTU in its peaceful expression of discontent with the government. Regional labour movements notably COSATU have supported the ZCTU in its demands against the government.

The Facts

On 18 November 2003 the ZCTU supported by civil society engaged, as it is entitled to do as a labour movement in a peaceful expression of discontent at the failure by the government to deal with the multi layered crisis bedeviling the country. These activists were said to have gathered at various centres in the country preparing to march in protest as per their intended plans. The police arbitrarily arrested and detained leaders of the ZCTU, civil society leaders and other labour activists who were peacefully assembling and expressing their unhappiness at the government’s failure to address the deepening socio-economic political crisis that Zimbabwe is going through. The arrests were as follows;
Ø In Harare 58 people were arrested. These included the ZCTU leadership Lovemore Matombo (President), Wellington Chibebe (Secretary General) Tabitha Khumalo (V/President/ NCA activist), Mrs Lucia Matibenga (General Council member ZCTU), and civil society leaders Brian Raftopolous (Crisis Coalition Chair), Dr John Makumbe (Crisis Coordinator and Chair of Transparency International-Zimbabwe), Dr Lovemore Madhuku (Chair of NCA), Andrew Moyse (Media Monitoring Project Zimbabwe), Mike Davies (Chair Harare Combined Ratepayers Association), Jana Ncube (Chair of Women’s Coalition), Raymond Manjongwe ( The Secretary General of the Progressive Teachers Union)and Amanda Atwell ( Crisis Secretariat). The detainees were released by the court after having languished in detention for two days.
Ø In Mutare 122 people were arrested with the ZCTU regional leader a Mr. Mwandipe being part of them. They were given an option of being detained or paying an admission of guilt fine for contravening a section of the Miscellaneous Offences Act (MOA). They chose to pay the fine as a way of buying their freedom. Due process of the law suffered in the process.
Ø In Bulawayo about 14 people were arrested including 9 ZCTU activists Gideon Shoko, Adias Ncube, Henry Vushe, Japhet Ndhlovu, Clever Manjoro, Liberty Nyathi, Dodoma Mavinde (who was badly beaten by a police dog set against him) Ian Tembo and Ration Moyo, 2 women from Woman of Zimbabwe Arise (WOZA) Jenni Williams and Ma Tshabalala, management of some shops Edgars and Wilsgrove. Jenny Williams and Ma Tshabalala were released on the same day after being subjected to severe assault. The 9 ZCTU activists were detained and only released on $5 000.00 bail facing charges of contravening s17 (1)(a) of POSA.
Ø In Chinhoyi 5 people were arrested. These were released on $5000 bail facing charges of contravening POSA.

Charges
Initially the detainees in Harare had been charged under section 19(1) (a) of Public Order and Security Act (POSA). The Office of the Attorney General refused to prosecute on the charges that had been preferred because the charges were unsustainable. In a move suggesting ulterior motive and possible malice the police refused to release the detainees but filed new charges against 4 members of the ZCTU leadership Lovemore Matombo, Wellington Chibebe, Lucia Matibenga and Thabita Khumalo under section 26 of POSA which criminalizes the holding of a demonstration after the regulating authority has refused permission. The other 54 detainees in Harare were given an option to pay a fine in terms of a downgraded charge under the Miscellaneous Offences Act or be further detained. The brave human rights defenders refused to pay the $5000 fines out of principle as they had violated no law. As a result they were detained overnight to appear in court on the 20th of November 2003 for contravening section 7 of the Miscellaneous Offence Act or alternatively the Road Traffic Act. On 20 November 2003 the police were showing no desire to take the detainees to Court or to release them. This resulted in lawyers lodging an urgent High Court application for the detainees to be taken to court or be released. Compelled to bring the accused to Court, the police yet again changed the charges that the other 54 detainees were facing and upgraded the charges to violating the provisions of POSA.

Lack of professionalism of the police
ZLHR notes with grave concern conduct which clearly demonstrates lack of professionalism on the part of the police force as follows;
Ø Some detainees were subjected to humiliation, abuse, threats and in some instances inhuman treatment. For example Lovemore Matombo the president of the ZCTU alleges that he was forced to seat on a metal coffin and one of the officers vowed to him that “one of these days you will be carried in that metal coffin”.
Ø Detainees were made to routinely seat down and stand up, jump up and down.
Ø Others were severely beaten with riot truncheons indiscriminately and police dogs were set up to bite peaceful people.
Ø Detainees were only informed of the reasons of the arrest at the police station if at all. As for the Harare arrests the police were still not certain of what charges to prefer even when the application to compel them to take the accused to court was served.
Ø The police used excessive and disproportionate force on unarmed and peaceful civic leaders.
Ø There is clear evidence that the police are arresting first and investigating later. This is why they are not consistent on what charges to prefer essentially for the same or similar conduct. This is why they also end up having applications being made against them to compel them to bring detained persons to court as happened in the Harare case.
Ø The police have also abused the MOA to entice detainees to buy their freedom in cases where essentially the police have illegally detained people. The MOA is being used as a tool of inducement to the detainees to buy freedom but also as a tool of defence to the police in the event that they are sued for wrongful arrest and detention.

The Law
Section 21 of the Constitution of Zimbabwe in the Bill of Rights provides for the protection of freedom of association and assembly. Section 20 of the Constitution provides for the right to freedom of expression. Section 13 of the Constitution provides for the right to personal liberty. Section 22 of the Constitution provides for the right to freedom of movement. Section 18 of the Constitution provides for the right to the protection of the law. These are fundamental rights, which cannot be derogated from without adequate legal justification. These rights are also guaranteed in terms of international covenants that Zimbabwe has signed and ratified such as The International Covenant on Civil and Political Rights and the African Charter on Human and People’s Rights.

Conclusion
Zimbabwe Lawyers for Human Rights therefore calls upon the police to remain professional in the discharge of their duties. In particular where the police have been given advice by the Attorney General’s office that a prosecution is not sustainable at law, ZLHR expects the police to respect the advice of the government lawyers and to resist any pressure from invisible quarters with vested interests to pursue personal vendettas or objectives and manipulating the police force into a weapon of terror in the process. The police must also forthwith stop the abuse of the MOA to induce detainees to buy their freedom as this amounts to extorting money from detainees. It is critical that the police must make a conscious effort to rebuild the public confidence in the police force which must be at its lowest since independence. Such a process will not be successful as long as the police force accepts to be put under undue pressure by manipulative and selfish people to frustrate enjoyment of universally recognized rights and fundamental freedoms by the majority of Zimbabweans.

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Zimbabwe Lawyers For Human Rights
20 November 2003

UN warns of severe humanitarian crisis in Zimbabwe

Date:21-Nov, 2003

ZIMBABWEANS continue to face a particularly severe humanitarian crisis, with
nearly half the population having had their livelihoods eroded by severe
macroeconomic decline and precarious food security, said the UN Office for
the Coordination of Humanitarian Affairs (OCHA).

"What began as a food crisis in Zimbabwe in 2002 has grown into a major
humanitarian emergency, with people suffering the effects of a deteriorating
economy, HIV/AIDS, depleted social services and policy constraints," OCHA
said in an appeal to donors.

The organisation noted that "as the country enters its fifth successive year
of economic decline, Zimbabwe faces critical shortages of foreign exchange
to maintain essential infrastructure, and inflation has soared".

Inflation reached 525 percent in October, according to figures issued on
Tuesday by the state's Central Statistical Office (CSO).

Compared with prices in October a year ago, the cost of living went up 525.8
percent, against September's annual rate of 456 percent, the South African
Press Association reported.

The Humanitarian Appeal 2004 for Zimbabwe is based on plans by UN Agencies
and partner NGOs, to respond to the humanitarian crisis by concentrating on
three main

areas: firstly, to prevent loss of life through food, nutrition, and
critical health interventions; and secondly, to mitigate the impact of the
crisis on vulnerable groups by supporting household livelihoods and basic
services, and addressing the impact of HIV/AIDS.

The third aim is to develop a productive dialogue among humanitarian
stakeholders to strengthen co-ordination, in order to protect the most
vulnerable.

"The HIV/AIDS pandemic is central to the crisis. Recent estimates indicate
that around 34 percent of Zimbabwe's 15 to 40 age group is infected, and
more than 2 500 people die every week of AIDS-related causes," OCHA said.

Compounding the crisis is a steady decline in the delivery of health,
education, social and public services due to a lack of finance, and the loss
of human resources to emigration and AIDS.

"One result is that malaria, tuberculosis and cholera cases are on the rise.
Another result is that Zimbabweans face a severe food security crisis in
2003-04. An estimated 5.5 million people will require food aid during the
coming year. The country has enough food to feed its population for just
four to five months," OCHA said.

In the Consolidated Appeal for Zimbabwe, agencies request US$109.4 million
to meet outstanding funding requirements. - Irin