QUARTERLY POLITICAL AND HUMAN RIGHTS

VIOLATIONS REPORT

January - March 2014

A report by the Zimbabwe Human Rights NGO Forum

March 2014

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TABLE OF CONTENTS

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

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

Developments in the fulfillment of human rights .............................................. 5  

Forms of Abuse................................................................................................ 7  

a. Violations against human rights defenders .................................................. 7  

b. Rights relating to respect for the integrity of the Person .............................. 8  

c. Respect for civil liberties ............................................................................ 11  

d. Prisoners’ rights ......................................................................................... 13  

Cases of political violence.............................................................................. 14  

Economic Social and Cultural rights .............................................................. 16  

Conclusion ..................................................................................................... 20  

Recommendations ......................................................................................... 20  

ABOUT THE ZIMBABWE HUMAN RIGHTS NGO FORUM .......................... 21  

   

 

 

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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 January and March

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 Zimbabwe adopted a new Constitution on 22 May 2013. The new Constitution

addresses some of Zimbabwe’s outstanding domestic and international

obligations, in particular, recommendations under the now defunct Global

Political Agreement and recommendations made by international bodies

during Zimbabwe’s Universal Periodic Review (UPR) in 2011.

In spite of the adoption of the new Constitution with an expansive and

progressive bill of rights as well as other provisions relating to rule of law and

political participation and conduct of political processes, 2014 began with

outstanding issues relating to the need to re-align key laws with the new

constitution. There has been a lack of government commitment to capacitate

the independent commissions created by the new Constitution and to address

outstanding structural reforms, such as security sector reforms to ensure that

Zimbabwe has the capacity to fulfill its domestic, regional and international

obligations.

In terms of implementation, the most important human rights problems

remained government’s reluctance to respect civil liberties, in particular, rights

relating to freedom of association, assembly, and expression as well as media

freedom. The government’s failure to realign laws that curtail fundamental

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freedoms with the new Constitution, for example, the Public Order and

Security Act (POSA), provides the state with a justification to continue

flaunting rights at will. In addition, in the Reporters Without Borders 2014

Press Freedom Index Zimbabwe was ranked 135th out of 180 countries on

respect for press freedom.

There were many other human rights problems relating to economic, social

and cultural rights. Although, the new Constitution includes economic, social

and cultural rights, these rights are still far from being realized. Rights to

health, education and safe water continue to be violated through the

government’s inability to have these rights accessible to everyone. At the

same time, the recently revealed gross corruption in the public sector and

parastatals demonstrates that, government’s inability to provide essential

services has little to do with resources constraints as often alleged by the

government, but it is a matter of poor resource distribution where only a few

politically connected elites in Zimbabwe are committed to hold on to power

and wealth while the majority lack access to basic food provisions and other

social services.

However, there were some notable reductions with respect to violations

relating to the integrity of the person including organised violence. These

signal a change in the state’s methods and modalities of repression which

have turned to subversion of democratic processes through compromised

institutions, surveillance and impairment of activities perceived to be opposed

to political hegemony. In addition, violations relating to due process especially

abuse of trials and court procedures have continued, albeit on a lower level.

This is seen in the continued unjustified prosecution of human rights

defenders.

On a positive note, steps have also been taken towards the operationalisation

of the Zimbabwe Human Rights Commission to ensure that it carries some of

its obligations though a lot still needs to be done. One outstanding example

needing attention is a fully funded and functional secretariat to coordinate the

commissioners’ activities.

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In the circumstances, the Forum recommends to the government of

Zimbabwe to continue working with all stakeholders, including civil society to

ensure that all laws are aligned with the new Constitution. There is need to

improve the environment for all citizens to enjoy the rights and fundamental

freedoms guaranteed both in the Constitution and international law. The

government needs to commence reforms, both in policy and practice that

would ensure that all citizens peacefully participate in civic and political affairs

and cooperate with both regional and international communities in instituting

the above reforms.

Developments in the fulfillment of human rights There were some notable improvements in the fulfilment of human rights. In

compliance with sections 121 and 121A of the Zimbabwe Electoral Act, which

provide for the occurrence of a by-election in the event of death or to fill a

special vacancy in a given local authority, on 25 January, local government

by- elections were held in three wards, Harare (ward 12), Karoi (ward 10) and

Zaka (ward 32). These by-elections were necessitated by the death of

incumbent councilors in the respective wards. Three political parties, ZANU

PF, MDC-T and the newly formed NCA participated in the by-elections in

which ZANU PF councilors won all the seats. According to The Zimbabwe

Election Support Network (ZESN), like the 31st harmonized elections, the

electoral process was peaceful in all the wards despite the heavy police

presence, particularly in Sunningdale Ward 121. The presence of police had a

negative effect of intimidating voters.

During the period under review, the Minister responsible for Provincial Affairs

in Masvingo, Kudakwashe Bhasikiti, lifted the ban that was imposed on NGOs

by former Provincial Governor Titus Maluleka. In 2013, governor Maluleka

imposed a ban on 29 NGOs accusing them of failing to register their

operations with his office. Most of the organisations banned were providing

food relief. Masvingo is a drought prone area, mostly due to poor rainfall                                                                                                                1See ZESN press statement on 25 January 2014 local government by-elections http://www.zesn.org.zw/index.php/press-statements

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patterns and residents have in the past years relied mostly on food aid and

other forms of support provided by humanitarian organisations to attain food

security. In lifting the ban, Minister Bhasikiti acknowledged the complementary

role of NGOs by asserting “the government cannot feed all the starving people

in the province on its own”. 2

In a move to ease congestion in the country’s prisons, on the 12th of February

2014, President Mugabe through Clemency Order No.1 of 2014 proclaimed a

presidential amnesty to 2000 inmates. Beneficiaries of the amnesty included

all women, except those imposed with the death penalty; prisoners below the

age of 18 irrespective of the offences they committed; all terminally ill inmates;

prisoners who were over 70 years old as at the 30th of June 2013; and

prisoners in open prisons and prisoners sentenced to thirty-six (36) months in

prison who would have already served a quarter or more of their sentence as

at 12 February 2014. Prisoners convicted of murder, treason, rape,

carjacking, armed robbery, stock theft and those serving a sentence imposed

by a court martial were excluded from the amnesty3. The Constitution of

Zimbabwe allows the president to extend amnesty to prisoners whenever he

wishes.

The President, on 3 February 2014, appointed Mr. Elasto Mugwadi as the

substantive chair of the Zimbabwe Human Rights Commission (ZHRC). The

appointment was necessitated by the departure of former Chairman Mr. Jacob

Mudenda to the role of Speaker of the National Assembly. Since its

establishment in 2010, three Commissioners have so far chaired the

Commission. The first Commissioner Mr Reginald Austin resigned in

December 2012 citing lack of political will by the government to capacitate the

Commission to effectively carry out its work. The appointment of a substantive

chairperson is a positive step towards the operationalisation of the ZHRC. In

                                                                                                               2 Regerai Pepukai, Zimbabwe Welcomes back NGOs 10 January 2014 http://mg.co.za/article/2014-01-10-00-masvingo-welcomes-back-ngos 3 General Notice 20 of 2014, Clemency Order No. 1 of 2014, Government Gazette extraordinary 12 February 2014.

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addition, members of the Judicial Services Commission were also sworn in

accordance with section 189 of the Constitution.

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

second section relates to economic, social and cultural rights.

a. Violations against human rights defenders During the period under review, law enforcement agencies continued to bring

unfounded criminal charges against human rights defenders4. This appears

to be a systematic disregard of the right to free association and thereby

restricting the operating space for HRDs. The following are some of the

examples recorded during the period.

• On 24 February Martha Tholanah, the Chairperson of Gays and

Lesbians Association of Zimbabwe (GALZ) was summoned to appear

at the Harare Magistrate Court on allegations of running an

unregistered organisation in contradiction of the PVO Act. Charges of

running an unregistered organisation arose in August 2012 after police

raided and conducted a search at the GALZ offices in Harare.

However, on 27 February 2014 Martha was acquitted of the charges.

The acquittal was the second legal victory for GALZ in two consecutive

months. Earlier, on 14 January 2014, High Court Judge, Justice

Priscilla Chigumba ordered the return of GALZ property confiscated

during a raid in August 2012 and further stated that GALZ is not

obliged to register in terms of the Private Voluntary Organisation

[Chapter 17:05] as it is not a private voluntary organisation and is

specifically exempted by the Act.

• On 13 February, police assaulted members of Women of Zimbabwe

Arise (WOZA) following their traditional Valentine Day protest march in                                                                                                                4  Human rights defenders also known as human rights advocates, human rights activists and human rights workers are individuals, groups of people or organisations who promote and protect universally recognised human rights and fundamental freedom through peaceful and non-violent means.  

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Harare. WOZA members marched to parliament demanding an end to

corruption and an improvement in the deteriorating standard of living.

In spite of these violations against HRDs, there were also some positive

developments during the period under review. The acquittal of HRDs and

political activists some of whom had cases dating back as far as 2011 is a

welcome development. Examples include the acquittal by the High Court on 5

March of the remaining three MDC-T activists who were part of the 29 MDC-T

members arrested over allegations of murdering a police officer in Glen View

in May 2011 and the acquittal of the chairperson of Gays and Lesbians of

Zimbabwe on allegations of operating an unregistered organisation.

 

b. Rights relating to respect for the integrity of the Person Although the political environment remained relatively calm, there were cases

of torture, assault, harassment and intimidation recorded during the period.

Torture and other cruel, inhuman or degrading treatment or punishment

Although torture is a crime prohibited under domestic and international law,

the Forum, documented a total of fifteen (15) cases of torture involving police

officers. In the documented cases, torture was used to obtain information

under duress from suspects and also as a form of punishment. The following

are cases of torture.

• On 6 January, two commuter omnibus drivers were arrested and

assaulted by police officers in Sunningdale, Harare for failing to comply

with orders of traffic police.5

• On 28 January a male victim was tortured by Chinhoyi police officers in

a bid to extract a confession following the victim’s missing money at the

police station6.

• Twelve members of Zimbabwe National Students Union (ZINASU) who

were arrested at Harare Polytechnic for demonstrating against

                                                                                                               5  The Public Interest Unit, Zimbabwe Human Rights NGO Forum  6  Ibid  

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declining standards of education were allegedly assaulted in police

custody.7

The continued use of torture demonstrates a lack of political will by the

Government of Zimbabwe (GoZ) to implement one of the recommendations of

the UN Human Rights Council (HRC) Universal Periodical Review (UPR) of

Zimbabwe in 2011. During the UPR, the GoZ agreed to criminalise torture and

prevent all forms of torture and inhuman or degrading treatment, ensure full

accountability of perpetrators and redress and rehabilitation to victims.

Despite this undertaking, to date, Zimbabwe is yet to ratify and domesticate

the United Nations Convention Against Torture and other Cruel, Inhuman or

Degrading Treatment or punishment (UNCAT).

Arbitrary arrest or detention

During the period under review, a total of 10 cases of arbitrary arrests and

detention were documented. Some of these arrests were for the purpose of

making investigations thus undermining the principle of justice and fairness.

Furthermore, some sections of the repressive Criminal Law (Codification and

Reform) Act and the Public Order and Security Act (POSA) formed the basis

of these arbitrarily arrests and detentions. The main targets were pro

democracy activists and human rights defenders. The following are some

examples of the cases documented during the period.

• On 27 January, police arrested and detained civic leaders from

ZimRights, Chitungwiza Residents Trust, Combined Harare Residents

Association and the Centre for Community Development in Zimbabwe

for two nights for addressing a meeting to discuss the proposed

demolition of 14,000 homes in Chitungwiza by the government. They

were charged for allegedly inciting public violence and unrest. The

leaders were all discharged without any fines paid.8

                                                                                                               7  The Crisis in Zimbabwe Coalition report- issue number 258, 13 March 2014 8 Residents condemn police action, the Daily News 3 February 2014. http://www.dailynews.co.zw/articles/2014/02/03/residents-condemn-police-action

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• On 12 March police raided a GALZ meeting at Bronte hotel in Harare

and arrested Natasha Dowell (a GALZ volunteer youth coordinator)

and Tawanda Mugudze (the training facilitator) for allegedly

contravening section 25 (5) of POSA by failing to seek authority from

the police before conducting the meeting. The other participants had

their details profiled. Tawanda was released without charge while the

case of Dowell is still pending and police will proceed by way of

summons.

Assault

A total of 48 cases of physical assault were also noted during the period.

Some of the cases were a result of intra party clashes within the MDC-T in

particular. This can be attributed to disgruntlements among party members

following the defeat of the party in the July 31st 2013 harmonised election.

Some members have thus been calling for leadership change and this has in

some instances resulted in violent clashes.

• On 15 February Elton Mangoma, the party’s deputy treasurer was

assaulted by party youths at Harvest House for asking Morgan

Tsvangirai to step down and pave way for leadership renewal. The

matter is before the courts. In another case of intra- party violence, on

2 March, six MDC-T activists assaulted Talent Nyakunengwa in

Chitungwiza following a misunderstanding over the holding of a political

rally.9

• On 1 March MDC-T supporters reportedly assaulted Rodrick Dzapasi

the ZANU PF cell Chairman for Tabudirira District in Budiriro for

wearing his party T-shirt.

• On 7 March, a teacher at St Simon Zhara Mission School in Masvingo

was assaulted by ZANU-PF youths for failing to attend two ZANU-PF

organised meetings10.

Harassment and Intimidation                                                                                                                9http://www.zbc.co.zw/index.php?option=com_content&view=article&id=42134:6-mdc-t-activists-arrested&catid=48:crime-and-courts&Itemid=91 10 The Public Interest Unit, Zimbabwe Human Rights NGO Forum

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Cases of harassment remained high during the period. This has been the

trend since the period preceding and post the 31st July harmonised elections.

A total of 312 cases were documented during the period with reports of

people being forced to attend meetings and/or contribute financially to ZANU-

PF meetings.

• Two (2) teachers from Seke communal lands reported that they were

being threatened and forced to contribute to the victory celebration of

the Ward 6 councilor. The teachers were forced to pay $15 each and

also to attend the celebrations.11

• Teachers in Mashonaland West, the province that hosted the 21st

February movement were forced to contribute towards the celebrations

while some people were forced to attend.

• On 6 January, three members of the NCA, Patson Mangwiro, Taurai

Maravanyika and Olibeletsi Noko were allegedly harassed by

suspected ZANU PF youths in ward 12 Mbare as they were putting up

campaign posters for their candidate Takura Gadzira ahead of the local

government by elections that were on 25 January.12

• On 25 February ZANU PF activists led by the Chipinge South Member

of Parliament threatened teachers at Checheche primary school with

loss of employment if they do not become members of ZANU PF.13

c. 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 and media and freedom of assembly

and association. Repressive laws such as the Public Order and Security Act

(POSA); Access to Information and Protection of Privacy Act (AIPPA) and

some sections of the Criminal law (Codification and Reform) Act (the Criminal

Law Code) continue to be used to prevent the exercise of constitutionally

                                                                                                               11 The Public Interest Unit, Zimbabwe Human Rights NGO Forum 12 See A report on the local authority by-elections held on 25 January 2014 by the Election Resource Centre 04 February 2014 13  Zimbabwe Peace Project Monthly Monitor February 2014

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guaranteed freedoms. During the period there were reports on attacks on

journalists and criminalisation of freedom of expression.  

Freedom of assembly and association

Freedom of assembly and association is safeguarded in section 58 (1) of the

Constitution of Zimbabwe and also in the African Charter on Human and

Peoples’ Rights to which Zimbabwe is a party. The following are some

examples in which the government restricted these rights during the period

under review.

• On 13 February, police banned a protest march organised by the

Zimbabwe Human Rights Association (ZimRights) and 60 other civil

society organisations to demonstrate against the abuse and misuse of

public resources by local authorities and some parastatals. The ban

was effected in spite of ZimRights having notified Police of its intention

to stage the demonstration in Harare. Police argued among other

reasons that ZimRights did not furnish the police with information on

the regalia the protesters would be putting on.

• On 18 January, police dispersed congregates gathered at Baptist

Church for a prayer meeting organised by Ibhetshu Likazulu in

Bulawayo to commemorate victims of Gukurahundi. The police argued

that the meeting was instead a demonstration. Again on 29 February

police blocked another prayer meeting of the same victims by

occupying Stanley Square the proposed venue for the meeting. Again

police argued that the event would stir emotions and end in violence. 14

• On 15 February armed riot police forced members of the Gimbok South

housing society in Mutare to prematurely end their annual general

meeting; and

• In January, five members of GALZ were arrested at a party in

Bulawayo for wearing T-shirts inscribed with the message “same love”

Freedom of expression and of the media                                                                                                                14 http://www.swradioafrica.com/2014/03/04/police-block-another-gukurahundi-memorial/

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The right to freedom of expression and freedom of the media is safeguarded

respectively in section 61 (1) and (2) of the Constitution of Zimbabwe.

However, between the period January and February the Media Monitoring

Project Zimbabwe (MMPZ) documented 12 cases relating to violation of

freedom of expression and of the media. Violation of this right was in some

cases a result of law enforcement agencies invoking section 33 and 31 of the

Criminal Law Code which criminalises utterances likely to insult the office or

person of the President. Section 31 makes “publishing or communicating false

statements prejudicial to the state” a crime.

The following are some of the cases that were documented during the period.

• In January, Gumisai Manduwa a teenager from Odzi, Manicaland was

arrested under section 33 of the Criminal Law Code for reportedly

posting a joke on Facebook alleging that President Mugabe had died

and was being preserved in a freezer.

• On 25 January Godfrey Mtimba, a Daily News reporter, was reportedly

assaulted by suspected ZANU PF youths while covering a US

embassy youth meeting in Masvingo. The ZANU PF youths, led by

Talent Majoni, were apparently provoked by US President Barack

Obama’s decision to exclude President Mugabe from the US-Africa

summit, to be held in August.

• On 16 February Kelvin Ufumeli, a journalist was attacked by MDC-T

youths while covering a rally addressed by the party’s leader Morgan

Tsvangirai in Glen Norah.15

d. Prisoners’ rights In Zimbabwe, prisoners’ rights are guaranteed by the Constitution. In spite of

this recognition, inmates live in overcrowded cells with inadequate food

rations, bedding needs, sanitation and uniforms. According to reports, in 2014

the country’s prison population stood at 18 460 against a holding capacity of

                                                                                                               15    Information Rights Report by Media Monitoring Project Zimbabwe, February 2014

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17 000.16 There were also reports on the non-availability of transport to ferry

inmates for court appearances. This compromised prisoner’s constitutional

right of access to justice for example on 17 March, the Zimbabwe Prisons and

Correctional Services (ZPCS) failed to take prisoners to court due to fuel

shortages. This resulted in the postponement of trials at the Harare

Magistrates’ Courts.17    

Cases of political violence The cases of human rights violations during the period are summarised in the

pie chart below. A total of 402 cases were recorded during the quarter.

Figure 1: Cases of political violence January to March 2014

                                                                                                               16http://www.iol.co.za/news/africa/mugabe-pardons-2-000-zim-prisoners-1.1648434#.U2ifxI7Lh0g 17 http://www.dailynews.co.zw/articles/2014/03/18/no-fuel-to-ferry-prisoners

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SOURCE: Consolidated statistics from the Forum, CSU, ZPP, MMPZ, MISA

and verified press reports

Although the environment was relatively calm, there was a high incidence of

cases of harassment and intimidation. A total of 312 cases were recorded

during the period. Harassment and or intimidation impacts on a range of rights

such as the right to freedom of expression, association and assembly and

also the right to participate in public life.

Table 2: Violations by perpetrator types January to March 2014

Violation Perpetrators Police CIO War

vets Traditional leaders

Political parties

ZANU PF

MDC-T

Unknown

Assault

Displacement

Intimidation/harassment

Malicious damage to property

Media rights violations

Torture

Unlawful arrest/detention

Violation of freedom of association, expression and assembly

SOURCE: The Forum, CSU, ZPP, MMPZ, MISA and verified press reports

The police and ZANU-PF supporters were the main perpetrators of

violence. Intra party fighting within the MDC-T resulted in party supporters

violating the right to freedom of expression and also respect for the

security of the person.

Victims of political violence

Figure 2 below shows the percentage distribution of victims of politically

motivated violence.

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Fig 2 Victims of political violence by party affiliation

SOURCE: Consolidated statistics from the Forum, CSU, ZPP, MMPZ, MISA

and verified press reports

The majority of victims were of unknown affiliation while 31% were from MDC-

T, 5% human rights defenders, and 3% the NCA and 2% were from ZANU

PF.  

Economic, Social and Cultural rights The Constitution of Zimbabwe has an elaborate Bill of Rights that cover

economic, social and cultural rights. Service delivery remained poor during

the first quarter with most parts of the country experiencing acute shortages of

water and electricity. Corruption assumed a salient feature during the period

with utterances by the presidium castigating the media for exposing corruption

all pointing to a lack of political will in fighting the scourge.18

Corruption in all its forms (petty or grand) is a violation of human rights as

those who cannot afford paying bribes are sometimes excluded from realizing

their rights. During the first quarter of the year, corruption perpetrated by state

officials in parastatals made headlines in both the public and private media in

what became known as the “salary gate” where Chief Executive Officers of

parastatals were paying themselves obscene salaries and astounding benefits                                                                                                                18 Vice President Mujuru while addressing the ZANU PF Mashonaland West provincial women’s conference in Chinhoyi on February 8 said, “The exposure of corruption in parastatals and related companies might be the work of detractors bent on destroying Government and stall its programmes The Herald, 10 February 2014.

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while the majority of Zimbabweans are living below the poverty datum line. It

became apparent during the quarter that it is not the alleged sanctions that

are hemorrhaging the wealth of the country but corruption.

Reports received by the Transparency International- Zimbabwe’s Advocacy

and Legal Advice Centre (ALAC) implicated government officials and security

agencies in mines and mineral related corruption; hospital official in theft of

essential drugs from hospitals for sale on the black market; manipulation of

housing and stand allocation by local government officers19. Corruption

related problems are worsened by the fact that the Zimbabwe Anti- Corruption

Commission, the constitutional body mandated with combating corruption, has

been non-operational for almost a year now.

The President invoked the Presidential Powers (Temporary Measures) and

amended the Money Laundering and Proceeds of Crime Act under Statutory

Instrument 2 of 2014, which brought into effect stiffer penalties to curb money

laundering, terrorist financing and white-collar crime.20 However, laws against

corruption on their own will not rid this country of corruption. There must be

strong political will coupled with political leadership and public support to

combat corruption. Political leadership should set an example and

demonstrate that no one is above the law by prosecuting all cases involving

corruption.

a.  The right to education

The right to education is provided for in section 27 of the Constitution of

Zimbabwe, which states that, “The state must take practical steps to promote

free and compulsory basic education for children; and higher and tertiary

education.” Although the GoZ introduced the Basic Education Assistance

Module (BEAM)21, in 2000 it is inadequately funded thus rendering access to

basic education a nightmare for children from vulnerable groups. Out of a

                                                                                                               19 ALAC Updates January- February Report 20  Statutory Instrument 2 of 2014 increased penalties from US$600 to a punitive US$500 000. 21 The Basic Education Assistance Module (BEAM), is a government driven support scheme for primary and secondary school children from vulnerable backgrounds

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targeted 250 000 students under BEAM, the government at the beginning of

the school term in January only managed to pay for 83 000 children leaving

out 167 000 children. 22 The UK government through its Department for

International Development (DFID) rescued the situation by providing funds for

2014.

Furthermore, in February the Government removed subsidies for ‘O’ and ‘A’

level examinations. Inadequate funding has also stalked the Cadetship

Scheme23, which finances the education of tertiary students from vulnerable

backgrounds, making education a preserve of the rich.

 

b. The right to food

The right to sufficient food is provided for in section 77(b) of the constitution.

However, food continues to be used as a political tool. There were reports of

food aid distribution along partisan lines with purported supporters of mainly

the MDC being discriminated against.24 In February, the Forum had to

intervene on behalf of residents of Mudzi by writing letters to 11 village heads

who were reportedly distributing food aid only to ZANU PF supporters25. The

ZPP in its January Monthly Monitor noted that politicisation of food aid was

high in Mashonaland Central (23 cases), followed by Midlands (19 cases) and

Mashonaland East provinces (15 cases).26

c. The right to safe and clean water

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 provided for in section 77 (a) of the Constitution of

Zimbabwe. Shortages of water continue to be experienced in most parts of

the country leading to residents resorting to unsafe water sources such as

                                                                                                               22http//www.telegraph.co.uk/news/worldnews/africaandindiaocean/zimbabwe/10595467/Zimbabwe- asks- Britain -for- funds- to educate- a- million- children html. 23 The Cadetship programme replaced the Student Grant and Loan Scheme that was removed in 2006. 24 See the Zimbabwe Peace Project Monthly monitor January 2014 25  The Public Interest Unit, Zimbabwe Human Rights NGO Forum  26 http://www.zimpeaceproject.com/

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shallow open wells. During the period, prisons and hospitals were not spared

from the erratic water supplies.

In February ZINWA disconnected water supplies to Chikurubi (Harare), St

Thomas (Marondera) and Khami prisons (Bulawayo) thereby exposing

inmates to diseases. Parirenyatwa Group of Hospitals experiences water

shortages for between three and four days per week.27

Shortages of water resulted in outbreaks of typhoid. According to the January

weekly surveillance report from the Ministry of Health and Child Welfare, a

total of 28 cases of typhoid were reported countrywide with 13 of them

recorded in Harare alone.28

d. Freedom from arbitrary eviction

Freedom from arbitrary eviction is protected by section 74 of the constitution

of Zimbabwe which state; “No person may be evicted from their home, or

have their home demolished without an order of court made after considering

all the relevant circumstances”. Contrarily, the government continued with

demolitions, threats of demolitions and arbitrary evictions, which began in

2013 following the demolitions of homes and tuck shops in Hatcliffe and Ruwa

suburbs in December 2013.      Between January and February, local authorities

in Chitungwiza embarked on demolishing of houses and other informal

structures that were improperly allocated for residential purposes. According

to Veritas Trust, Zimbabwe, “ in Chitungwiza alone there are 8 260 illegally

occupied stands on land which has been set aside for clinics, schools,

cemeteries, recreational activities and roads; in the Seke Communal Lands

there are 6 200 such stands”.29 On   10   February,   Manyame   Rural   District  

demolished  six  houses  allegedly  built  on  illegal  land.    

In March, President Robert Mugabe’s family reportedly evicted over 900

families from Manzou Farm in Mazowe to pave way for the First Family to

establish a wildlife sanctuary. Some of the victims were reportedly dumped in                                                                                                                27 Feluna Nleya, Water crisis hits Parirenyatwa, the NewsDay 20 March 2014 28 http://www.thestandard.co.zw/2014/01/12/fresh-typhoid-outbreak-hits-zimbabwe/ 29 Bill Watch Constitutional Watch 2/24, Unpacking and giving effect to the constitution, are demolitions of illegal structures constitutional 28 February 2014

  20  

Rushinga and others along the Harare – Bindura road. The Manzou Farm and

the Chitungwiza demolitions were illegal in that they were carried out without

the authority of court orders as set forth in section 74 of the constitution30 thus

violating the right to freedom from arbitrary evictions.

Conclusion While there has been a decline in the prevalence and incidences of direct

violence, or repressive governmental practices, as has been the trend in the

past decade, the government has a long way to go to gain more ground in

human rights and democratic governance. The country also faces challenges,

which include lack of political will to deal with corruption and incapacitation of

the ZHRC, a body mandated to uphold, protect and promote human rights.

The fulfilment of economic, social and cultural rights remains beyond the

reach of many ordinary citizens.

Recommendations In view of the on-going violations, the Forum urges the Government of

Zimbabwe to:

a. Repeal or realign all laws that are not consistent with the Constitution

of Zimbabwe that was adopted on 22 May 2013.

b. Improve the operating environment for human rights defenders and

every person in Zimbabwe to enable them to enjoy their rights to

freedom of expression, association, peaceful assembly and political

participation.

c. Make human rights institutions more enabling and less rhetorical. d. Bring all perpetrators of human rights violations to book both present

and past so as to end the cycle of violence.

e. Genuinely cooperate with the international community, in particular the

UN system to bring about reforms, in particular those recommended

during Zimbabwe’s UPR

                                                                                                               30 Bill Watch Constitutional Watch 2/24, Unpacking and giving effect to the constitution, are demolitions of illegal structures constitutional 28 February 2014

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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 • 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, 8th Floor Blue Bridge, P.O Box 9077, Eastgate, Harare, Zimbabwe Telephone +263 4 250511; Fax +263 4 250494; Email:admin@hrforum.co.zw International Liaison Office 55 Commercial Street, London E16LT Telephone: +44 (0) 20 7619 3641; Email: <IntLO@ hrforum.co.zw