QUARTERLY POLITICAL AND HUMAN RIGHTS

VIOLATIONS REPORT

October - December 2014

A report by the Zimbabwe Human Rights NGO Forum

January 2015

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TABLE OF CONTENTS

Introduction .................................................................................................... 3

Executive summary ....................................................................................... 3

Developments in the fulfillment of human rights ........................................ 4

Impediments to developments in the fulfilment of human rights ............................. 7

Forms of Abuse .............................................................................................. 9

a. Rights relating to respect for the integrity of the Person ......................................... 9 Torture and other cruel, inhuman or degrading treatment or punishment .................. 9 Murder ..................................................................................................................................................... 10 Arbitrary arrest or detention ......................................................................................................... 11 Assault ..................................................................................................................................................... 11 Prison conditions ................................................................................................................................ 12 Harassment and Intimidation ........................................................................................................ 13

b. Respect for civil liberties....................................................................................................13 The right to privacy ............................................................................................................................ 14 Freedom of assembly and association ........................................................................................ 14 Freedom of expression and of the media .................................................................................. 14 Summary of Cases of political violence ...................................................................................... 15

c. Economic, Social and Cultural rights ..............................................................................17 Discrimination and right to food .................................................................................................. 18 The right to safe and clean water ................................................................................................. 19 The right to health .............................................................................................................................. 20 The right to language ......................................................................................................................... 21 Environmental rights......................................................................................................................... 22 22 The right to property ......................................................................................................................... 22

Recommendations and Conclusion .....................................................................................24

ABOUT THE ZIMBABWE HUMAN RIGHTS NGO FORUM ......................... 25

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Introduction The Quarterly Political and Human rights violations report is produced by the

Zimbabwe Human Rights NGO Forum (the Forum). It is a monitoring tool to

track and document trends in civil, political, economic, social and cultural

rights violations. This report covers the period between October and

December 2014 and highlights developments, statistics and trends in human

rights violations. The information used is derived from the Forum‟s Public

Interest Unit (PIU), member and partner organisations and verified press

reports. Although this report derives its information from multiple sources it is

not intended to be the main and exhaustive source of human rights violations

information in Zimbabwe, but a complimentary report alongside those

produced by other human rights organisations.

Executive summary The period under review witnessed the changing of the political landscape in

Zimbabwe. This was characterised by factional fights between camps within

ZANU PF and the emergence of the first lady, Grace Mugabe as a dominant

force in both ZANU PF and government. Hate language, acts that caused

reputational damage to opponents and significant changes brought through

her influence involved the disgrace and firing of ZANU PF officials and

government ministers who were linked to a faction within the ZANU PF party.

Former Vice President Joyce Mujuru was axed from the party and

government with her role being taken over by Emmerson Munangagwa.

The South African government‟s commitment to uphold international law was

brought to question with the release of the Report on the 2002 Presidential

elections of Zimbabwe, also known as the Kamphepe report. The report

detailed substantial contraventions of domestic and regional electoral and

human rights law in the 2002 Zimbabwe elections. The elections were

endorsed as free and fair by the South African government regardless of

known conclusions made by the Kamphepe report. Complicity by the South

African government in the violation of electoral rights for Zimbabweans cast

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aspersions on the commitment of African governments and regional

mechanisms to protect the right to vote.

There was a significant decline in violations in general, from 295 cases in

January to 170 in December. Intra-party violence mostly in ZANU PF was

prevalent. In most of these intra party fights no action was taken although

both the state and private media reported them.

Human rights defenders got a boost when some of them, as professionals

and non-professionals got recognition for their human rights protection

endeavours through various human rights awards. The Law Society of

Zimbabwe, the Zimbabwe Human Rights Association and Zimbabwe Lawyers

for Human Rights facilitated such recognition. Collaborative engagements

were carried out between civic society organisations and the Zimbabwe

Human Rights Commission (ZHRC), giving promise of improved and

productive relations in the years to come for the promotion and protection of

human rights.

Developments in the fulfillment of human rights There was some notable progress associated with improvement of human

rights protection and fulfilment between October and December 2014.

The prosecution and subsequent conviction of Stabiliser Kadafi, for

perpetrating the politically motivated murder of John Max in 2008, was also

welcome as a development towards ensuring accountability by the courts.

Kadafi is a ZANU PF youth member and is now serving 20 years

imprisonment following his conviction by the high Court.1 Such court victories

may serve to deter perpetrators.

Favourable judgments were received from the courts in some of the cases

that had been instituted by the Public interest litigation of the Forum on behalf

of torture victims. These judgments though not yet fully complied with by the

state, endorses concern by the Forum and other civil society organisations

that our police needs to transform from a police force to a police service into a

1 Dailynews 8 November 2014

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service to the citizens and not the police force. Some of these cases include;

(i) the case of Fatima Manhando vs the Minister of Home Affairs and the

Commissioner General of the Police where the High Court ruled that the

police violated the rights of Fatima Manhando by assaulting and torturing her

in 2008. The Court found the police liable for the torture and assault of Ms

Manhando and ordered them to pay her $ 3500.00 in compensation; and (ii)

the case of Tsitsi Chimhutu vs Moreblessing Gadze and Paul Kambanje, both

members of the Zimbabwe Republic Police, the High Court found them liable

for the torture of Ms Chimhutu in Nyanga in February 2013. She sustained

soft tissue injuries to the neck, back and left lower limb and bruises on the left

wrist as a result of the torture. The perpetrators were ordered to pay $3000.00

in compensation, which they are yet to settle.. Her lawyers Zimbabwe

Lawyers for Human Rights (ZLHR) issued an ultimatum for payment in

November 2014. Peggy Tavagadza, ZHLR lawyer who handled the case

remarked, “… this case shows that people, no matter their station in life, can

use judicial mechanisms to fight impunity”2. The awards provide reassurance

to victims that the court system remains a viable avenue for securing justice

despite the challenges in compliance.

The Courts also moved in to demonstrate that socio economic rights such as

the right to shelter (freedom from arbitrary eviction) are not just there on paper

but are enforceable just like any other rights as provided for in the

Constitution. This followed the ruling by the High Court in Harare on 9 October

2014 against the Epworth Local Board (ELB). The ELB were found liable for

violating citizens‟ right to shelter. The ELB had razed down homes during a

demolition exercise on 26 and 29 September leading to injuries of 3 people

according to Zimbabwe Lawyers for Human Rights3. Simeon Mawanza,

Southern Africa regional specialist at Amnesty International deplored the

evictions that occurred prior to a rainy season, predicting they would leave the

affected in a dire situation.4 High Court judge Justice Nicholas Mathonsi

presided over the case.

2 ZHLR Legal Monitor 24 November 2014 3 ZHLR Legal Monitor 6 October 2014, Edition 263 4 ibid

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The South African Constitutional Court on 30 October 2014 ruled that South

African police had the duty to investigate Zimbabwean officials accused of

torturing opposition supporters5. The Zimbabwean Exiles Forum (ZEF) and

the Southern Africa Litigation Centre (SALC) had filed the court application.

The court victory validates claims made by human rights defenders across the

continent, of the existence of state sponsored violence, selective application

of the law and negation of the rule of law in Zimbabwe. The victory also sent a

message that international human rights law can be used to force for

accountability, particularly when the domestic justice system is compromised

against victims. A culture of impunity may have been bred in Zimbabwe

through selective application of the law. Intervention by regional courts

challenges impunity. Doubts remained, however, on the practicality and will of

the South African government to implement the ruling6.

Recognition was given to human rights defenders who have committed their

careers to defending the rule of law and human rights in Zimbabwe.

Prominent human rights lawyer Alec Muchadehama was awarded the Walter

Kamba Rule of Law Award on 4 December in Harare. This was in recognition

of his distinguished career as a defender of the rule of law and human rights

in Zimbabwe. The Law Society of Zimbabwe (LSZ) honoured Zimbabwe

Lawyers for Human Rights (ZLHR) project lawyer, Kennedy Masiye with a

human rights lawyer of the year award for his outstanding contribution to the

promotion and protection of human rights in the country7. In Bulawayo on 19

December a ZimRights Human Rights Awards ceremony conferred human

rights awards to a number of community human rights defenders.

CSOs retained their monitoring of human rights, public education and

empowerment to demand good governance and demanding social

accountability from government.

5 http://www.saflii.org/za/cases/ZACC/2014/30.html

6 http://foip.saha.org.za/uploads/images/PCSN_ShadowRep2014_final_20150202.pdf; and

Research and Advocacy Unit on Kamphepe report The standard November 30 – December 6 2014 7 ZHLR Legal Monitor, October – December 2014

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Impediments to developments in the fulfilment of human rights

Transparency for Zimbabwe remained low. The Global Corruption Perception

Index by Transparency International ranked Zimbabwe 156 out of 175,

making it the most corrupt country in Southern Africa after Angola, ranked at

161 out of 175. Corruption impedes the enjoyment of social, economic and

cultural rights.

Constitutional Commissions retained their challenges. The National Peace

and Reconciliation Commission (NPRC), established by the Constitution in

2013 should have become operational after its Commissioners were

nominated by 23 May 2014. By December 2014 the Commission had not

been set up. This threw some doubt over the government‟s will to have an

operational NPRC. The National Transitional Justice Working Group

(NTJWG)8, called on Parliament to increase public participation when setting

up the NPRC. It is hoped through the NTJWG‟s advocacy efforts the NPRC

may become operational and not suffer a stillbirth.

The ZHRC received a meagre $200 000 from the Treasury against a

requested 7 million dollar budget. ZHRC Chairman Elasto Mugwadi reported

that financial limitations of the Commission marred its execution of its

mandate.9 Additionally the ZHRC Chairman lamented the Commission‟s

inadequate legal powers to make binding decisions on perpetrators of human

rights violations, on the basis that the Commission can only conduct

investigations and make recommendations10. This submission may have been

used to justify the limited effectiveness of the Commission. The current

Constitutional provisions actually expands the scope of the Commission‟s

mandate and gives it more powers beyond making investigations and

recommendations. The Commission is not totally inhibited from conducting its

broad functions as provided for in the constitution since the constitution is

supreme to any other law. It may however have limited commitment to

8 A platform established by 46 non-state Zimbabwean transitional justice stakeholders to provide an interface between transitional justice stakeholders and the official transitional justice processes in Zimbabwe Financial Gazzette Oct 30 – Nov 5 2014 10

Herald 23 October

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address institutional challenges and an expedition of its mandate. The ZHRC

Act should for expediency be aligned with the Constitution.

Concerns were raised over the government‟s commitment to the protection

and fulfilment of human rights after Prosecutor General Johannes Tomana

called for the retention of the death penalty as a deterrent for murder11. ZANU

PF December 2014 Congress‟s agreement to re-establish the National Youth

Service (NYS), also known as the “Border Gezi” cadres12 or infamously

“Green Bombers” may signal a return to violence and torture in the 2018

elections. The NYS has always been used to commit acts of torture on behalf

of ZANU PF13. NYS graduates have a history of causing a “reign of terror”

during the electoral periods of 2000, 2002, 2005 and 200814.

The state closed democratic space for civic activities when the riot police and

ZANU PF supporters subjected Itai Dzamara and others to beatings15. Itai and

others through the Occupy Africa Unity Square Campaign petitioned

President to step down for failing to run the country. Their protest emerged in

response to the deteriorating social and economic conditions in the country.

Freedoms of expression, assembly, association, to demonstrate and petition

are provided for under sections 61, 58 and 59 of the Constitution respectively.

Police‟s ruthless violations of these freedoms by beating up the protesters and

their lawyer, Kennedy Masiye from ZHLR on 6 November16 indicated

government‟s failure to respect the Constitution. Despite the assaults,

Kennedy Masiye remained resolute in his determination to fight against

human rights injustices, remarking “If lawyers go to the extent of being

disregarded professionally and being meted with such brutality by a lot about

the human rights situation in the country and how the government is

committed to upholding these rights,”17.

11 Herald, 10 November 2014 12

Newsday 10 Dec 2014 13 A.P Reeler, 2003, The role of militia groups in maintaining ZanuPF’s political power. 14 http://www.africafiles.org/article.asp?ID=6498 accessed on 6 January 2015 15 ZHLR Legal Monitor 3 November 2014, Edition 263 16 ZHLR Legal Monitor 10 November 2014, Edition 267 17 ZHLR Legal; Monitor 271, 1 December 2014

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Forms of Abuse The first section explains violations relating to civil and political rights and the

second section relates to economic, social and cultural rights.

a. Rights relating to respect for the integrity of the Person

These rights involve cases of torture, murder, arbitrary arrest or detention,

assault, harassment and intimidation recorded during the period.

Torture and other cruel, inhuman or degrading treatment or punishment

Section 53 of the Constitution of Zimbabwe states No person may be

subjected to physical or psychological torture or to cruel, inhuman and

degrading treatment or punishment. Torture is also prohibited under

international law. Regardless of these provisions, the practice of torture

remained as the illustrations below show.

In November and December, a total of 17 police officers that had

already served their sentences after conviction were subjected to

continued detention, under the guise of retraining by the Zimbabwe

Republic Police at Morris Depot in Harare18. During the detention the

officers faced torture and inhuman and degrading treatment involving

denial of basic rights such as food, clothes and water. The case

became public after the officers challenged the constitutionality of the

retraining introduced by police through circular number 24/2-14 through

the High Court.

On 6 November, police brutally assaulted human rights activist Itayi

Dzamara, a civil rights activist, and 10 others including Kennedy

Masiye, a lawyer from ZHLR, who was representing them at the Africa

Unity Square19. The activists were protesting against the deteriorating

social and economic conditions in the country. The assaults resulted in

injuries and the hospitalisation of the victims.

18

ZHLR Legal Monitor 3 November 2014, Edition 267 19

ZHLR alert, 6 November 2014

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On 29 November Job Sikhala, a member of the MDC-T, was tortured

by police while under their custody. Job had voluntarily come to the

police station with his lawyer for questioning.

Litigation for Hwange women, who were brutally tortured by police on 7

October 2013, is on-going. Political will to criminalise torture appears to be

lacking. Some provisions of the Constitution, including those that prohibit

torture, are still to be implemented, making it challenging for the 2013

Constitution to take full effect in the absence of relevant statutes.

Murder

Section 48 of the Constitution provides for the right to life of all people.

Although there are no prevalent cases of extra-judicial killing in Zimbabwe,

agents of the state have been involved in cases of murder. On 1 November

police manning a roadblock at Bemba farm along the Marondera-Murewa

road manhandled and murdered a kombi driver, Mugove Manonge while

trying to force him to pay a $10 bribe.20 A police report was made under CR

05/11/12. The unlawful killing resulted in the loss of a breadwinner to

Manonge‟s survivors, his wife and daughter. Residents of Marondera on 4

November demonstrated against the police for the death of Manonge.

Opposition party the MDC Renewal Team in a press statement21 deplored

police‟s use of roadblocks as extortion centres, demanded retraining of police

officers in the Rule of Law and rights of citizens as enshrined in the

constitution and asked Parliament to „restore the rule of law on the roads and

abolish the extortionist spot fines which are unjustifiable in a democratic

society‟22.

The constitution provides for independent complaints mechanisms. Delays in

the establishment and operationalisation of independent complaints

mechanisms provide police with a sense of invincibility when committing

crimes, regardless of legislation and codes of conduct regulating the police.

20

Herald 4 November 2014 21 captured in the Zimbabwean on 5 November 2014 22 ibid

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Self-investigation for crimes committed by the police can be a factor that

creates a sense of impunity.

Arbitrary arrest or detention

The right to personal liberty, provided for in section 49 of the Constitution

entitles all persons the right not to be deprived of liberty arbitrarily or without

just cause. The Criminal Law (Codification and Reform) Act and the Public

Order and Security Act (POSA) have however been used as the basis of

arbitrary arrests and detentions. The following are some examples of the

cases documented during the period.

On 28 October police arrested Itai Dzamara and three others during

their campaign in which they called on the President to relinquish

office. Their arrest came after they had been assaulted by a mob of

more than 50 ZANU PF supporters.23 They were not charged or

prosecuted.

On 22 October Wilson Maphosa, a Wezhira Community Radio station

journalist based in Masvingo was arrested on charges of criminal

nuisance for taking pictures of houses that had been destroyed by

police at Roy Business Centre in Masvingo24. His charges were later

dropped.

Assault

There have been cases of intra-party violence within ZANU PF and within the

divided MDC. ZANU PF Provincial Coordinating Committee meetings in

Masvingo and Mutare were fraught with violence during the month of

November over disagreements on planned expulsion of provincial

23

ZHLR Legal Monitor 267 24 http://www.misa.org/media-and-elections/item/2924-zimbabwe-police-arrest-journalist-for-criminal-nuisance

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chairpersons viewed as sympathetic to the Mujuru faction25. Most of the cases

were a result of factionalism in ZANU-PF. Notable cases include:

On 5 November ZANU PF youths reportedly went on a rampage

beating up residents and destroying homes in Southlea Park. The

attacks were allegedly associated with factional fights. Intra-party

political violence escalated and unleashed violence regardless of

political affiliation of the victims.

On 12 November Jim Kunaka, former ZANU PF youth Chairperson in

Harare was seriously assaulted by ZANU PF supporters allied to a

faction.

On 28 October Itai Dzamara, leader of the "Occupy Africa Unity

Square" was severely beaten by ZANU-PF supporters in Harare for

calling on the state President to step down for failing to run the

country26.

On October 4 an MDC-T member in Mtshabezi village in Gwanda, was

beaten up by a fellow party member for supporting the Renewal Team

– a breakaway faction of the MDC-T.27

Prison conditions

The deplorable and inhuman condition of police cells, which degrades

suspects under police custody, was acknowledged and condemned by Chief

Justice Godfrey Chidyausiku28, who called on government to provide

resources for the renovation of the condemned cells. Condemnation of

inhuman conditions of police cells by the Chief Justice can contribute to the

improvement of conditions of police cells. The Constitutional Court had

similarly condemned the conditions of the police cells after a constitutional

application relating to conditions in police cells by the Women of Zimbabwe

Arise (WOZA).

25

Zimbabwe Peace Project November 2014 Monthly Report 26

Zimbabwe Peace Project October 2014 Monthly Report 27

Zimbabwe Peace Project October 2014 Monthly Report 28

Newsday 21 November 2014

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Harassment and Intimidation

Cases of harassment and threats of physical violence remained high during

the period. A total of 353 cases29 were documented during the period.

Harassment and intimidation arose mainly from factional fighting within ZANU-

PF especially during the party‟s youth and women‟s conferences. The two

conferences were characterised by systematic intimidation, vote buying, fraud

and allegations of kidnappings as factions competed for votes.

During the First Lady Grace Mugabe‟s rallies across the country she

used hate language, insults and denigration as well as threats of

expulsion from the party against her political opponents in ZANU PF

On 26 October, a Zanu PF activist aligned to the Mujuru faction were

taken to task by a village court by Headman Mpofu in Muzarabani

North for belonging to the Mujuru faction.30

On 28 October, ZANU PF activist Japhet Ndlovu of Khozi village, ward

6 in Gwanda circulated letters to village heads informing them that

people who did not attend Zanu-PF meetings risked being denied

access to maize seeds and fertilizers

b. Respect for civil liberties

This section covers freedom of assembly and association, freedom of

expression and of the media. The constitution guarantees civil liberties

including freedom of expression, press, media, freedom of assembly and

association as well as right to privacy. Sections 57, 58, 59 and 61 protect civil

liberties incorporating the right to privacy, freedoms of assembly and

association; to demonstrate and petition as well as expression and freedom of

the media.

29 ZPP Monthly Monitoring Report December 2014 30

ZPP Monthly Monitoring Report October 2014

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The right to privacy

The First Lady Grace Mugabe claimed on 17 November 2014, at her political

rally in Mazowe, that she had video and audio recordings of former Vice-

President Joice Mujuru speaking ill against the First Family. This confirmed a

widely held suspicion that state security agents snoop on private homes,

phones and email correspondences.

Freedom of assembly and association

The police disrupted civic activities even in cases where such activities had

been given the go ahead by police themselves.

On 24 December 2014, the police in Masvingo disrupted an MDC

Team Renewal Youth Assembly clean-up campaign that had been

organised violating the right to assemble for every citizen in

accordance with the Constitution.

Freedom of expression and of the media

The police and political party activists in violation of the Constitution curtailed

media freedoms. Perpetrators were not brought to account. The following are

some of the cases that were documented during the period.

On 17 October at Rudhaka Stadium in Marondera journalists covering

a rally convened by the First Lady were subject to vulnerability to

attacks by rally participants after the first lady incited participants.

On 16 October, Justin Mutenda, a photographer with the Herald was

stripped by a female security worker at Harare International Airport in

the course of his journalistic duties.31

On 22 October, Tapiwa Zivira, a reporter with the Newsday was

assaulted and detained by police in Harare while covering the police

blitz against touts operating in the city‟s central business district.32

31

Press statement from MISA Zimbabwe released 7 November 2014 32

ibid

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In October and November the police, sometimes in concert with ZANU

PF supporters thwarted and violently repressed attempts by Itai

Dzamara and others to peacefully petition the President, in partial

fulfillment of their right to participate in governance.

Summary of Cases of political violence

Political violence statistics declined over the course of the year. They declined

from a maximum of 295 cases in January to 170 in December 2014 as shown

in Fig 1.

Fig 1: Political violence trends in 2014

Source: Statistics from ZPP

ZPP recorded 195 cases for October and 170 cases each for November and

December. Cases of violence recorded included murder, torture, assault,

harassment/intimidation, discrimination, violation of freedom of assembly,

Malicious Damage to Property (MDP), arbitrary arrest/unlawful detention and

arbitrary eviction/displacement. Predominant violations were

Harassment/Intimidation, Discrimination and Assault as summarised in the Fig

2. Perpetrators of violations included the Zimbabwe Republic Police (ZRP);

Zimbabwe National Army (ZNA); War Veterans; ZANU PF and the MDC-T.

Fig 2: Political violence cases October – December 2014

16

Source: Consolidated statistics from the Forum, CSU, ZPP, and verified press reports

The main perpetrators of violence were the police and ZANU PF, being liable for 5 of

the 7 violations recorded in Table 1.

Table 1: Violations by perpetrator types October to December 2014

Violation ZRP ZNA War Vets ZANU PF MDC-T

Assault

Intimidation/harassment

Malicious damage to property

Media rights violations

Torture

Unlawful arrest/detention

Violation of freedom of association, expression and assembly

Source: Consolidated statistics from the Forum, CSU, ZPP, and verified press reports

Political violence was unevenly distributed across the administrative

provinces. The most affected province was the Midlands with 166 violations

cases followed by Mashonaland Central with 104 violence cases, the least

affected being Matebeleland North and South with 14 and 17 cases

respectively.

17

Fig 3: Distribution of violence cases by province

Source: ZPP Monthly Monitoring Reports, October – December 2014

Victims of political violence were drawn from various categories that also

included the police as shown in Table 2.

Table 2: Violations Victim categories October to December 2014

Violation Victims ZRP Non-

aligned Media ZANU PF MDC-T MDC

Renewal

Assault

Intimidation/harassment

Malicious damage to property

Media rights violations

Torture

Unlawful arrest/detention

Violation of freedom of association, expression and assembly

Source: Consolidated statistics from the Forum, CSU, ZPP, and verified press reports

c. Economic, Social and Cultural rights

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The Constitution of Zimbabwe has an elaborate Bill of Rights that covers

economic, social and cultural rights. Service delivery continued to deteriorate

in most towns and cities. This has resulted in an acute shortage of electricity

and water and the country‟s major referral hospitals.

Discrimination and right to food

There were cases of discrimination involving access to food, seed supplies

and food for work programmes in various parts of the country. Discrimination

was based on political party affiliation.

On 1 October 2014 at Musumha School, Sadza in Chikomba East

MDC-T party supporter was denied access to seed and fertilizer from

the Grain Marketing Board (GMB) by Accurate Rushizha and Amon

Sengwe of Zanu PF as punishment for not attending a Zanu PF

meeting.33

On 9 October Kudzai Mashu, an MDC-T in Nyoka Village, Chiwundura

ward 11 allegedly chased a Zanu PF supporter from where some food

hampers were being distributed.

On 22 October in Chikomba Central, the Councillor for ward 20

declared that only staunch members of ZANU PF would receive inputs

from the Presidential Farming Input Scheme. This alienated non-ZANU

PF supporters34.

On 3 November 2014 the MDC-T Councilor of Ward 8 in Rusape,

Violet Sibanda, denied a Zanu PF member the opportunity to be work

on council road rehabilitation, because of his political affiliation.35

On 10 December 2014, the village head of Chaneka village in

Headlands denied access to maize seed and fertilizer from the

Presidential Input Scheme from Zanu PF supporters perceived to

belong to the Mutasa faction.

33

ibid 34

ibid 35

ZPP Monthly Monitoring Report, November 2014

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The right to safe and clean water

The right to safe and clean water is a basic human right in accordance with

Section 77 of the Constitution. Poor availability of water supplies in some of

Harare‟s suburbs forced residents to depend on bulk water suppliers and

shallow wells. Zimbabwe National Water Supply Authority (ZINWA)‟s ban on

the abstraction of bulk water, by water supplying companies,36 in the absence

of water supply alternatives worsened water availability in some parts of

Harare. The Community Water Alliance (CWA) in a Press Statement issued

on 10 December 2014 castigated the government for not acting against

arbitrary water disconnections; poor water quality; long distances travelled to

access water; serious water cuts; water pricing; low public expenditure on

water and poor quality of water.37

The city of Bulawayo remains perpetually with water problems affecting

700,00038 inhabitants of Bulawayo39. The proposed Matabeleland Zambezi

Water Project (MZWP), the best option to provide a long-term solution for the

inhabitants of Bulawayo, has remained a pipe dream due to government‟s

lack of political will40. Plans by the Bulawayo City Council to install prepaid

water meters were resisted by residents under the banner of Bulawayo

Progressive Residents Association (BPRA). Prepaid water meters reduce

access to water for the poor, who may not access it once it is privatized and

commodified41. In Chitungwiza residents during the quarter went for months

without water. The local authority expressed intentions to privatize water

supply thereby making it out of reach for the poor.42

36

http://www.zinwa.co.zw/charges-on-bulk-water-just-and-affordable/ accessed on 6 January 2015 37

http://www.kubatana.net/2014/12/10/4303/access-water-human-right/ accessed on 6 January 2015 38 http://www.zimstat.co.zw/dmdocuments/Census/CensusResults2012/Bulawayo.pdf accessed 6 January 2015 39 http://www.chronicle.co.zw/editorial-comment-let-us-conserve-our-water/ accessed 6 January 2015 40 Gideon Zhou & Alouis Chilunjika, 2013, A peep into the resources of policy implementation inertia in Africa:The case of the Matebeleland Zambezi Water Project in Zimbabwe 41 ZLHR Legal Monitor 270, 24November 2014 42

http://www.kubatana.net/2014/12/05/4212/chitungwiza-residents-reject-prepaid-water-meters/, accessed on 6 January 2015

20

Although construction of houses on wetlands and increasing use of borehole

water contributes to the depletion of Harare‟s water table, wetlands continue

to be used for housing construction43. The Government of Zimbabwe has for

more than a decade now failed to provide safe and clean water to its citizens

thus violating the citizen‟s right to safe and clean water.44

Water woes facing Harare and the rest of the country are likely to get worse in

years to come unless there is change of tact by government and other

stakeholders.

The right to health

Doctors at the country‟s major referral hospitals of Parirenyatwa, Harare,

Mpilo, United Bulawayo Hospitals and provincial hospitals went on a

prolonged strike from 2 October 2014 in an attempt to force the government to

review their living and working conditions.45 The Zimbabwe Hospital Doctors

Association (ZHDA) confirmed that over 300 doctors withdrew their services

to force government to meet their demands on working conditions46. These

could only offer absolute emergencies services through skeletal staff with

patients being discharged before getting any treatment or recovery47.

Although no adverse impacts such as deaths were recorded as a result of the

strike, poor patients who could not access private health services were denied

access to health services in accordance with Section 76 of the Constitution.

Access to basic health care services, including reproductive health care

services, is a Consitutional right. African Heads of state in April 2011 in Abuja

pledged to have budgetary allocations for health with a threshold of 15% of

the total budget. Contrary to this, the Zimbabwean government allocated 6.3%

of the 2015 Budget to health, down from 8.2% for 2014. Although it had been

43

http://www.mstd.gov.zw/explore/menu-showcase/moo-menu/s-and-t-features/89-destruction-of-wetlands-biodiversity-threatened, accessed on 6 January 2015 44

provided for in section 77 (a) of the Constitution of Zimbabwe. 45

Newsday 3 October 2014 46 http://www.theindependent.co.zw/2014/11/03/poor-bear-brunt-doctors-strike/ 47 ibid

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realised that 90%48 of Zimbabweans had no access to medical aid, which is

essential for access to quality health care provision, bad governance by some

medical aid societies culminated in their failure to pay service providers for

services rendered. Although the Government regulates the management of

medical aid societies, there have been cases of bad governance for state-

aligned medical aid societies where executives earned salaries amounting to

$500 000 per month, while clients needs were underfunded.

Service availablity faced a threat after Chitungwiza Central Hospital mooted

plans for Private-Public-Partnerships (PPPs) in service provision, with a

privatization element that could place health and medical fees out of the reach

of many.

As a result of such challenges in health sector financing most of the country‟s

unemployed people, where the unemployment rate is estimated at 80%, failed

to access health and medical services. Some hospitals reportedly detained

treated patients in a bid to force them to pay their dues.49 Failure by the

Harare City Council (HCC) to manage issues of water and sanitation exposed

residents to environmental disaster particularly during the rain season. The

HCC‟s own Environmental Management Committee acknowledged this in its

review of the state of refuse collection for the period July to September 2014.

Unavailability and inaccessibility of essential medicines can constitute failure

by the state to promote and protect health rights as provided by the

Constitution of Zimbabwe. Medicines Sans Frontiers/ Doctors Without Borders

warned that Anti-Retrovirals (ARVs) are out of the reach of many in

Zimbabwe, 1.2 million people are in need of ARVs while 800 000 are on the

course.50

The right to language

The right to language and culture is constitutionally provided for in Chapter 4

48

http://bulawayo24.com/index-id-news-sc-health-byo-53387.html 49

Dailynews 18 November 2014 50

Newsday 2 December 2014

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of the Declaration of Rights. Section 63 of the Constitution of Zimbabwe

stipulates that every person has the right to use the language of their choice

and to participate in the cultural life of their choice. The Deaf Zimbabwe Trust

reported that the law enforcement and justice system does not have sign

language interpreters. Due to communication barriers, the deaf consequently

find it difficult to report abuse or get assistance and their issues remain

unattended to.51

Environmental rights

Section 73 of the Constitution of Zimbabwe provides for the government to

take reasonable legislative and other measures, within the limits of resources

available to it, to achieve the progressive realisation of the rights.

Environmental rights ensure continuity of the inter-dependency between

natural resources amongst themselves and with humans. They protect the

environment from human activity that can upset the balance that enables the

environment to sustain itself and are necessary and integral components for

an adequate standard of living and decent quality of life. In November the

Zimbabwe Environmental Lawyers Association (ZELA) in partnership with

ActionAid Zimbabwe, established that dumping of mining waste in Singwizi

River, which feeds Save River, caused pollution to water sources

downstream. Adverse impacts of the mining activities downstream included

river siltation resulting in the death and extinction of aqua species such as

fish, skin diseases among humans and suspected livestock deaths from

consumption of the polluted water.52

The right to property

Property rights are protected by the Constitution [Ch 71:2] that gives the right

to acquire, hold, occupy, use, transfer, hypothecate, lease or dispose of all

forms of property. Chapter 73 gives everyone environmental rights and

obliges the state to take reasonable measures to achieve the progressive

51 http://www.deafzimbabwetrust.org/human_rights.html 52 http://www.actionaid.org/zimbabwe/2014/12/communities-around-mining-areas-manicaland-feel-ripped

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realisation of environmental rights. Property rights also cater for Malicious

Damage to Property (MDP) and Freedom from arbitrary eviction. The

Constitution states that No person may be evicted from their home, or have

their home demolished, without an order of the court made after considering

all the relevant circumstances [Ch74]. Arbitrary evictions are also in violation

of section 51 and 53 of the constitution, which guarantees protection against

cruel, inhuman and degrading treatment and the right to human dignity.

Property rights violations were recorded during the quarter. In Mashonaland

Central Province property rights violations remained prevalent. Incidents of

lawlessness and disregard for private property rights continued, manifested as

displacements and arbitrary evictions. As a result of factionalism within ZANU

PF, a new wave of farm invasions appeared to be taking shape, targeting

indigenous Zimbabweans who had fell out with the ruling party. Lack of policy

enforcement on land use management by the local authority will have adverse

environmental impacts and is part of structural violence. Some cases that

illustrate property violations are as follows:

In October twenty families were evicted at Chitamba farm in Mazowe

South just 20 kilometres from Harare along the Harare Bindura road.

The eviction was associated with plans to expand an orphanage that

belongs to the First Family.53

On 14 December 2014 Timus farm in Makoni Central was invaded to

force out the owner who was associated with the Mujuru faction in

ZANU PF.54_

On 7 October war veterans led by Bernard Mondo evicted Mr. John

Strong from his Disi Farm, Mvurwi in Mazowe North. The war veterans

removed all his moveable property and locked the house leaving Mr

Strong stranded and without shelter55.

53 ZPP Monthly Monitor October 2014 54 ZPP Monthly Monitoring Report December 2014 55 ZPP Monthly Monitoring Report October 2014

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Recommendations and Conclusion

In the on-going factional fighting and succession issues in the ruling ZANU PF

party, government capacity to service took a nose-dive resulting in poor

service delivery. Accusations and counter accusations by political heavy-

weights in the ruling party exposed alleged crimes that had been committed

with impunity. Despite wide exposure of alleged crimes no arrests were made

and government appeared to have little interest in social accountability to its

citizens. Although the scale of human rights violations appeared to be

decreasing,

In view of the on-going violations, the Forum urges Civic Society

Organisations and citizens to:

a. Proactively engage in and strengthen measures of social accountability

to improve governance in the country;

b. Demand transparency and good governance regardless of political

party affiliation; and

c. Contribute to monitoring of human rights violations and use the findings

as a standard from which to demand human rights protection and

fulfillment that complies with Zimbabwean Constitution and

international human rights law.

The Forum also calls upon the government to

d. Enhance the independence and effectiveness of statutory

Commissions for the promotion and protection of human rights;

e. Protect all human rights of all citizens and

f. Re-align all laws that are not consistent with the Constitution of

Zimbabwe.

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ABOUT THE ZIMBABWE HUMAN RIGHTS NGO FORUM

The Zimbabwe Human Rights NGO Forum (the Forum) is a coalition of 20 human rights organisations. The Forum has been in existence since January 1998 when Non-Governmental Organisations working in the field of human rights joined together to provide legal and psychosocial assistance to the victims of the food riots of January 1998. The Forum has now expanded its objectives to assist victims of organized violence and torture (OVT)

The Forum has three operational units: the Public Interest Unit, the Research and Documentation Unit and the Transitional Justice Unit.

The Forum works in close collaboration with its member organisations to provide legal and psychosocial services to victims of OVT and to document all human rights violations, particularly politically motivated violence.

Member organisations of the Zimbabwe Human Rights NGO Forum

Amnesty International-Zimbabwe

Catholic Commission for Justice and Peace in Zimbabwe

Civic Education Network Trust

Counseling Services Unit

Gays and Lesbians of Zimbabwe

Justice for Children

Legal Resources Foundation

Media Institute of Southern Africa-Zimbabwe

Media Monitoring Project Zimbabwe

Non-violent Action and Strategies for Social Change

Research and Advocacy Unit

Students Solidarity Trust

Transparency International-Zimbabwe

Women of Zimbabwe Arise

Zimbabwe Association for Crime Prevention and Rehabilitation of the Offender

Zimbabwe Association of Doctors for Human Rights

Zimbabwe Civic Education Trust

Zimbabwe Human Rights Association

Zimbabwe Lawyers for Human Rights

Zimbabwe Peace Project

Zimbabwe Women Lawyers Association

The Zimbabwe Human Rights NGO Forum can be contacted through: The Executive Director, Suit 4 Number 1 Raleigh street P.O Box 9077, Harare, Zimbabwe Telephone +263 4 770170; 772860 Fax +263 4 770170 Email:admin@hrforum.co.zw International Liaison Office 55 Commercial Street, London E16LT Telephone: +44 (0) 20 7619 3641; Email: <IntLO@ hrforum.co.zw