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The Southern Africa Human Rights Defenders Network and Crisis in Zimbabwe Coalition condemn the imprisonment of pro-democracy youth activist Makomborero Haruziviishe and call on the authorities in Zimbabwe to respect the right to protest

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The Southern Africa Human Rights Defenders Network (Southern Defenders) and the Crisis in Zimbabwe Coalition (CiCZ) condemn the abuse of the legal system to silence dissent and suffocate the civic space in Zimbabwe following the imprisonment of frontline democracy activist Makomborero Haruziviishe. Haruziviishe who was convicted last week on politically motivated charges of inciting public violence and resisting arrest was today April 6, 2021, sentenced to an effective 14 months in prison by Harare magistrate, Judith Taruvinga. He joins the list of other political prisoners and detainees in Zimbabwe, which includes but is not limited to Cecilia Chimbiri, Joana Mamombe, who have been in pre-trial detention since beginning March 2021 as well as Tinashe Bwanaisa, Rakeshi Marufu, Collin Paison, Tatenda Mafunde, Farai Chidziva and Trust Nyamado who are serving five-year jail terms for allegedly participating in January 2019 protests.

Recently, there has been an uptick of harassment and arrests targeted at human rights defenders, democracy activists and legitimate political opponents. Hopewell Chin’ono, Job Sikhala, Fadzai Mahere, Tapiwa Chiriga, Alan Moyo, Jacob Mafume and Takudzwa Ngadziore just to name a few, are some of the cases that we have seen the weaponization of law as an instrument to target and silence human rights defenders and democracy activists. We remain deeply concerned over the continued arbitrary arrests and incarceration of civic society and opposition activists in Zimbabwe.

This recent surge in arrests has been enabled by an oppressive legislative framework deployed by the Zimbabwean authorities against individuals who express opinions on any national issue; this framework includes repressive laws that do not comply with the Zimbabwean Constitution and international human rights laws, such as the Patriotic Bill which the authorities want to pass as law.

The Zimbabwean Constitution under section 67 (2) (d) guarantees the right to participate individually or collectively or in any other manner in peaceful activities to influence or challenge the policies of Government. Participation in peaceful protests should not at any point be interpreted as inciting public violence. Zimbabwe is a part of the International Covenant on Civil and Political Rights (ICCPR) and the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT), which prohibit the treatment to which Haruziviishe and other democracy activists are being subjected to. Article 19 of ICCPR also states that everyone has the right to freedom of opinion and expression, which includes the freedom to hold opinions without interference.

We, therefore, urge the authorities in Zimbabwe to respect and uphold the citizens’ fundamental human rights as enshrined in the Constitution of Zimbabwe. We request immediate protection for Haruziviishe and other political prisoners, without exposing them to the COVID-19 and cruel, humiliating procedures that amount to physical and psychological abuse. The ultimate request is Haruziviishe’s release, along with that of all other political detainees in Zimbabwe imprisoned for expressing their opinions.

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To contact Southern Defenders and or CiZC please call or email: Email:  wkatema@southernafricadefenders.africa and or  director@crisiszimbabwe.org   Tel: +27 71 044 2708 or +27 78 125 1062

Allan-Moyo

URGENT APPEAL: To the AU and UN Special Mandate Holders on judicial harassment against Alan Moyo.

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The Southern Africa Human Rights Defenders Network (SAHRDN or Defenders Network) and the Zimbabwe Human Rights NGO Forum (the Forum) write to bring to your attention the egregious human rights violations of Zimbabwean student leader and human rights defender Alan Moyo and requests your urgent intervention.

Background

Following the emergence of the COVID-19 pandemic in early 2020, the Zimbabwean government introduced a number of regulations without providing social safety nets for the country’s poor and most vulnerable. Rising levels of hunger, subsequent abuse and partisan distribution of government-sourced food assistance intended to aid the Zimbabwean poor and vulnerable resulted in increased number of people living in abject poverty and significantly decreased their standard of living. Alan Moyo participated in one man protest where he demanded the government be held accountable and ensure the safety of the country’s poor and vulnerable.

Alan Moyo was  arrested on the 7th December 2020 at the Harare Central Police Station after visiting fellow students who were arrested and detained for participating in demonstrations demanding government accountability. He has been in pre-trial detention from the 7th of December 2020 and today marks the 71st day while incarcerated. He has been charged with staging a demonstration against the failures of the Zimbabwean government. He has approached the courts seeking bail and he has been denied bail in several attempts. This is despite that he poses no risk, and pre-trial bail is a right under the Zimbabwean Constitution.

Cases of judicial persecution of human rights defenders (HRDs) and legitimate political opponents by authorities are increasing in Zimbabwe. The accused are charged with flimsy criminal charges, denied bail, and detained for long periods of time. The arrests and detention of Jacob Mafume, Hopewell Chin’ono, Job Sikhala, Joana Mamombe, and Cecilia Chimbiri are a few examples of the misuse of the Zimbabwean legal system since 2020. There are serious concerns over these arbitrary arrests as they only seem to be only aimed at punishing HRDS and activists for their legitimate human rights activities.

SAHRDN and the Forum condemn the misuse and abuse of legal systems, and the harassment of activists and human rights defenders. The arbitrary arrest and unlawful detentions aimed at punishing human rights defenders for their legitimate human rights activities limit their ability to exercise their constitutional rights to freely express and/or associate themselves. Alan Moyo has rights to the freedom of association, assembly and expression as guaranteed by the Zimbabwean constitution. The arbitrary arrest, unlawful detention and harassment of Alan Moyo and other activists and political authorities create and sustain an environment of fear in Zimbabwe and discourages human rights defenders from fully participating in their duties and responsibilities. There is an urgent need to remind the Zimbabwean Government of its duty to protect and respect the rights of all its citizens, including those who criticise the state. SAHRDN and the Forum reiterate their deepest concern over the Zimbabwean authorities’ systematic use of legal and judicial harassment and a politicized judiciary to target all critical voices, including student leaders.

Actions requested:

Please write to the authorities of Zimbabwe asking them to:

  1. End the judicial harassment, arbitrary detention, and inhumane treatment of Alan Moyo and other human rights defenders.
  1. Guarantee, in all circumstances, the physical integrity and psychological well-being of Alan Moyo as well as all human rights defenders in Zimbabwe.
  1. Launch an independent investigation into the continued misuse of the criminal justice system, namely the consistent denial of bail to human rights defenders and legitimate opposition political members, especially in the Magistrate Courts.
  1. Remind the Harare administration of the provisions outlined in the African Charter on Human and Peoples Rights (ACHPR), the Maputo Protocol, and the International Covenant on Civil and Political Rights (ICCPR).
  1. Ensure respect for human rights and fundamental freedoms in accordance with the Universal Declaration of Human Rights and international human rights instruments ratified by Zimbabwe.

Addresses:

  • President of Zimbabwe, Emerson D Mnangagwa, Office of the President, Munhumutapa Building, Corner Sam Nujoma / Samora Machel. Harare, Zimbabwe. Tel: +263 24 2707091/7. Email: info@opc.gov.zw. Twitter:  @edmnangagwa.
  • Ziyambi Ziyambi, Minister of Justice, Legal and Parliamentary Affairs. New Government Complex , SV Muzenda & Samora Machel Avenue 6th Floor, Block C, Harare, Zimbabwe. Tel+263-(0)242-774620/7. Email: justice@justice.gov.zw
  • Kazembe Kazembe, Minister of Home Affairs and Cultural Heritage, Mukwati Building, Corner 4th Street & Selous, Harare. Tel: + 263 – 024 – 703641-4, Fax: +263 – 024 – 707231. Email: postmaster@moha.gov.zw. Twitter: @Moha_Zim
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DR Congo: SAHRDN calls for the immediate release of four human rights defenders from the community of Mwingi who were arbitrarily arrested after a peaceful protest against the oil palm plantation company PHC

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Kinshasa and Johannesburg

The Southern Africa Human Rights Defenders Network (SAHRDN) calls on the government of the Democratic Republic of the Congo (DRC) to immediately and unconditionally release four human rights defenders (HRDs) and leaders from the community of Mwingi who were arbitrarily arrested after a peaceful protest against the oil palm plantation company PHC.

The four HRDs are members of Réseau d’Information et d’Appui aux ONG nationales (Support and Information Network for National Organisations – RIAO-RDC), a network which comprises of more than 200 non-governmental organisations from across the DRC in defending land and resource rights. According to reports received, the three defenders were arrested under a false accusation of having incited revolt, having taken pictures of the protest march and having given interviews about the march to journalists in Lokutu.

“The recent arrests of Messrs Christian Litikela, André Lisongi, José Litikela and Chimita Alela is part of a series of attacks against media and activist groups that we have been witnessing in the DRC in the past months”, said Arnold Tsunga, Chairperson of the SAHRDN. “Although President Tshisekedi promised to ‘guarantee to each citizen the respect of the exercise of their fundamental rights’ in his early days of Presidency, what we are witnessing from the ground has been marked by an increase in arbitrary arrests and the prosecution of several journalists and activists across the country”, added Mr Tsunga.

The SAHRDN calls on the Government to immediately release those detained for exercise of their rights to freedom of expression, peaceful assembly and association, as guaranteed in the Constitution of the DRC. We also call on the security forces to end the intimidation of human rights defenders and stop the use of unnecessary and excessive force and intimidation against those engaged in peaceful protests. We also urge President Tshisekedi who is also the new African Union (AU) Chairperson to respect the letter and spirit of the African Charter on Human and People’s Rights, UN Declaration on Human Rights Defenders and the International Bill of Rights. 

For more information, please contact the following:

Washington Katema, SAHRDN Team Leader 

wkatema@southernafricadefenders.africa

+27 73 620 2608

Jean-François Mombia Atuku, Director of RIAO-RDC

Tel: +243847122924

WhatsApp: +221773469621