OPEN LETTER TO Cde. ROBERT MUGABE

President of the Republic of Zimbabwe

Paris - Geneva, 22 November 2002

Mr. President,

The International Federation for Human Rights (FIDH) and the World
Organisation Against Torture (OMCT), within the framework of their
joint programme, The Observatory for the Protection of Human Rights
Defenders, wish to express their deepest concern regarding recent
official declarations threatening the existence of independent non-
governmental organisations (NGOs) and more generally freedom of
association in Zimbabwe.

Our organisations have been informed that during a Parliamentary
Assembly session, on 13 November, the Minister of Justice, Legal and
Parliamentary Affairs, Cde Patrick Chinamasa, released a list of NGOs
which he presented as a threat to national security. Moreover
according to Mr. Chinamesa the fact that they receive foreign
fundings would in particular constitute proof of this. Among the NGOs
listed is the independent NGO Amani Trust, an internationally
recognized NGO dedicated to bringing assistance to victims of torture
and documenting human rights violations in Zimbabwe.

On the same day at Parliament, the Minister of Public Service, Labour
and Social Welfare, Cde July Moyo, stated that the independent NGO
Amani Trust was one of the NGOs required to stop their activities
till they had registered under the Private Voluntary Organisations
Act (PVO Act), in accordance with a notice released by his ministry
on 13 September. This notice ordered NGOs to legally register in
accordance with the PVO Act and to stop their activities till they
had not regularised their situation. The notice also stated that any
NGO who failed to implement these measures would be closed and their
members face arrest. This notice has came to enforce the PVO Act,
which had never been strictly implemented since its adoption in 1967.

These declarations were reported on 14 November in an article by the
pro-governmental daily The Herald on the front page. The newspaper
strongly criticized Amani Trust, contributing to the discredit and
slander campaign against the organisation.

Moreover, the Observatory would like to express its concerns about
certain declarations your Excellency made on 11 October, also
recounted by The Herald, in which you described NGOs as "Trojan
Horses". According to your declarations, "through a bill that is
before Parliament, the Government would be able to plug in the holes
in the policy governing the operations of NGOs" for the reason that
they "interfere in national affairs". You also announced that the
government would "invoke the law that disallows foreign funding in
order to expose NGOs which now view themselves as "little
governments"". These declarations were made in a very threatening
tone, as shows the following sentence : "We will soon remind [the
NGOs] who they are [and] where they belong". The Herald mentioned the
possible drafting of a Code of Ethics by the National Association of
NGOs, aimed in particular, to preventing NGOs from "interfering in
local politics".

The Observatory is very concerned by these recent declarations and
fears a serious hardening in the Zimbabwean legislation as far as
freedom of association is concerned. These facts, which show an
increasing pressure and intimidation against independent NGOs in
Zimbabwe, are part of a context of increasing repression aimed at
silencing any person who dares criticizing the government's policy or
denouncing human rights violations in Zimbabwe. The Observatory
points out for example that last August, Dr. Frances Lovemore,
Medical Director of Amani Trust, was arrested and charged for
"publishing and communicating false statements prejudicial to the
State". He was released after two days and the charges were dropped
for lack of evidence.

These declarations and threats are a blatant breach to the provisions
of the Declaration on Human Rights Defenders adopted by the General
Assembly of the United Nations in 1998, which states in particular
that "for 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, to
form, join and participate in non-governmental organizations,
associations or groups" (article 5.b) and that "Each State shall
adopt such legislative, administrative and other steps as may be
necessary to ensure that the rights and freedoms referred to in the
present Declaration are effectively guaranteed" (article 2.2).

The FIDH and the OMCT urge therefore the highest Zimbabwean
authorities to:

i. put an end to any kind of threat or acts of retaliation against
independent human rights NGOs, as well as ensure that all human
rights defenders in Zimbabwe be able to pursue freely their
activities;

ii. put the Zimbabwean legislation in conformity with international
human rights standards, in particular as far as freedom of
association is concerned;

iii. conform with the provisions of the UN Declaration on Human
Rights Defenders, in particular with the articles mentioned above;

iv. more generally, conform with the provisions of the Universal
Declaration on Human Rights as well as with the international and
regional human rights instruments, to which Zimbabwe is party.

We thank you for your careful consideration in this matter.

Sincerely yours,

Sidiki Kaba
President of the FIDH

Eric Sottas
Director of the OMCT

Organisation Mondiale Contre la
Torture (OMCT)
World Organisation Against Torture (OMCT)
Organización Mundial Contra la Tortura (OMCT)
8 rue du Vieux-Billard
Case postale 21
CH-1211 Geneve 8
Suisse/Switzerland
Tel. : 0041 22 809 49 39
Fax : 0041 22 809 49 29
E-mail : [email protected] [2]
http://www.omct.org [3]