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Human Rights Defenders

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Call for a Strategic Planning Consultant

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TERMS OF REFERENCE (TOR) FOR STRATEGIC PLANNING CONSULTANCY

1. Introduction

Initially founded as a loose network of human rights defenders (HRDs) in February 2013, the Southern Africa Human Rights Defenders Network (Southern Defenders) is now a firmly established, increasingly influential non-profit sub-regional network of human rights and civic space defenders from Southern Africa. It is registered as Non-Profit Organisation in South Africa with a U.S. Equivalence Determination, making it the equivalent of a US public charity. It coordinates regional efforts to provide rapid, practical and holistic protection support to HRDs at high risk, defend civic space, and enhance the agency of HRDs to mitigate the effects of repression. Southern Defenders has partners in all Southern African countries.

As part of its growth initiatives, Southern Defenders intends to conduct a scenario-based strategic planning exercise through the guidance of a consultant, from December 6-8, 2021 in Mozambique.

2. The context of the consultancy

In lieu of a strategic plan, Southern Defenders has been operating under a Results Framework (RF) and is now geared to develop a comprehensive strategic plan, which will outline the dynamic road map the Southern Defenders will take to transform into a high performance and accountable strategic enabler in protecting HRDs and defending the civic space, including the freedoms of assembly and freedoms of association in Southern Africa.

Southern Defenders’ programmatic environment is constantly changing and is characterised by an evolving economic and political environment, shifting donor commitments, growing stakeholder numbers and expectations, evolving staffing structure and capacity, amongst other factors. Additionally, this is a transition period for Southern Defenders with new board members coming into office. At the secretariat level, some transitions have also happened (or are ongoing). It is thus a good time for the organisation to reflect on its past and think through the most effective way to capitalise on the new governance and programmatic realities.

3. Scope of assignment

The main objective of this consultancy is to develop a new strategic framework for Southern Defenders that takes into account the current internal and external operating environment in order to enhance Southern Defenders’ operational effectiveness and sustainability in the HRDs and civic space sector in Southern Africa.

At the end of this consultancy, we expect that Southern Defenders will adopt a new strategic framework, building on the achievements brought forward as part of the implementation of 2019- 2021 RF and cognisant of its ever-changing operating environment. To achieve this, the consultant will review and guide Southern Defenders in clearly defining: –

  1. Our vision, mission, goal, strategic priorities and objectives, including a global theory of change  
  2. Our situational context, through a SWOT, PEST and other relevant analysis, including scenario mapping.
  3. Sustainability plan; including proposals for effective financial and Human resource strategies
  4. Our stakeholder map and identify relevant strategies to engage them to advance our stated objectives, stakeholder
  5. Risk analysis and management approaches,
  6. Functional organisational & leadership structure,
  7. Monitoring and reporting framework to enable effective tracking of the strategic plan
  8. Costing of the plan.
  9. Team building initiatives

This assignment will involve close engagement with the internal Southern Defenders Strategic Planning Team (comprising of the Team Leader, selected Board Members and staff members) and entail a participatory process, including, but not limited to:

  • A review of internal documents and benchmark with similar institutions/ organisations
  •  Consultations with Southern Defenders members, staff and selected partners/ stakeholders to review the current plan (RF) and set priorities for the next plan
  •  Facilitation of a strategic planning workshop for staff, board members and selected stakeholders to further build on the Strategic plan
  •  Drawing up of a draft Strategic Plan for the next phase and incorporating input from staff, Board and selected stakeholders and partners.

4. Expected deliverables

  • An inception report detailing the methodology/ approaches and timelines and a basic needs assessment highlighting the current status and gaps in Southern Defenders strategic direction.
  •  A two-day strategic planning workshop for the Southern Defenders Staff, Board and selected partners
  •  A new strategic plan following the workshop.

A consultancy report that includes the major activities of the consultancy, the highlights of the strategic planning workshop and an evaluation of the workshop.

5. Expert profile

In order to be selected for this assignment, the Consultant must possess the following among other Academic and Professional qualifications:

  1. A minimum of a post graduate qualification, preferably in the fields of law, strategic management, organisational development or in a related field
  2.  Minimum of 5 years of experience in strategic planning.
  3.  Experience in organisational and change management
  4.  Good knowledge of the human rights and civic space field.
  5.  Excellent communication and facilitation skills
  6.  Highly motivated and committed to Southern Defenders values of Ubuntu, Professionalism, accountability, courage in action, integrity and teamwork

6. Selection criteria

The consultant will submit an Expression of Interest (EOI) to recruit@southernafricadefenders.africa, including the following:

  • A suitability statement; including commitment to his/her availability for the entire assignment.
  • Updated curriculum vitae that clearly spells out qualifications and experience in relation to this assignment.
  • Contacts of 3 organisations that have recently contracted the consultant to carry out a similar assignment.

7. Supervision

This consultancy assignment will be supervised by the Southern Defenders’ Team Leader, with the support of the Southern Defenders Strategic Planning team

8. Confidentiality of information

All documents and data collected in the process of the consultancy will be treated as confidential and used solely to facilitate the consultancy assignment. All information to which the consultant shall receive access to shall at all times be treated as the property of Southern Defenders and shall not be disclosed saved for where express permission has been granted as such.

9. Consultancy duration

The strategic planning exercise is expected to be fully completed by January 31, 2022. The consultant will submit a detailed plan of work as part of the EOI.

10. Budget and payment

The Consultant will submit a detailed budget in the EOI for consideration by Southern Defenders. The final terms will be stipulated in the consultancy contract.

11. Due Date

The due date for submitting the EOI is 23 November 2021.

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2021 Southern Africa Human Rights Defenders Summit

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The Southern Africa Human Rights Defenders Network (Southern Defenders), in partnership with Mozambique Human Rights Defenders Network (MHRDN), Advancing Human Rights in Southern Africa (ARISA), UN Office of High Commissioner for Human Rights Regional Office for Southern Africa (OHCHR ROSA), and Amnesty International, will host the 2021 Southern Africa Human Rights Defenders Summit from December 2-4, 2021 in Maputo, Mozambique. The theme for this year’s summit – Defending Rights and Protecting Democracies in the face of Rising Inequality and Authoritarianism – reflects the serious reality and unprecedented risks of persecution of defenders by governments and private actors, who often work together in violating the rights and freedoms of human rights defenders with impunity.

The summit will utilize a hybrid format of both in-person and virtual participation. Please click here to register on Zoom.

2021-Southern-Africa-Human-Rights-Defenders-Summit-FInal-ConceptDownload
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A more comprehensive analysis of the proposed PVO Amendment Bill in Zimbabwe.

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As a follow up to the statement we issued, we have now done a more comprehensive analysis of the proposed PVO Amendment Bill in Zimbabwe. On Friday 5th November 2021, the GoZ gazetted The PVO Amendment Bill 2021 giving two reasons why it felt compelled to propose such a Bill namely requirements to comply with the Financial Action Task Force (FATF) recommendations and the need to prohibit NGOs from involvement in politics. The Bill amends the definition of “private voluntary organisation” with a much wider definition which encompasses some categories of organizations that the current PVO Act is not applicable to such as trusts and universitas. This means that these organizations will now be subject to re-registration and to broad control and regulation by the board and the Minister. 

To read more on the analysisPlease Click here to download

To read more

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The proposed PVO Amendment Bill in Zimbabwe: A Significant Threat to Civic Space

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Southern Defenders has today asked the Government of Zimbabwe (GoZ) to withdraw the PVO Amendment
Bill that it has proposed for promulgation by Parliament in order to regulate the non-governmental sector
working environment.

“Before passing any such legislation and considering its potential impact on the ordinary people as end
beneficiaries of the work of NGOs, the GoZ should first initiate an extensive consultation process with civil
society as outlined in Chapter 14 of the Constitution of Zimbabwe if it wishes to change the legal framework
through which NGOs come into existence and operate in Zimbabwe”

Prof Adriano Nuvunga the Vice Chairperson of Southern Defenders and Executive Director of the Centre for Democracy and Development (CDD) in Mozambique.

On Friday 5th November 2021, the GoZ gazetted The PVO Amendment Bill 2021 giving two reasons why it
felt compelled to propose such a Bill namely requirements to comply with the Financial Action Task Force
(FATF) recommendations and the need to prohibit NGOs from involvement in politics. The Bill amends the
definition of “private voluntary organisation” with a much wider definition which encompasses some
categories of organizations that the current PVO Act is not applicable to such as trusts and universitas. This
means that these organizations will now be subject to re-registration and to broad control and regulation by the
board and the Minister. The Bill allows the Minister to appoint one or more persons as trustees to run the affairs
of an NGO for a period not exceeding sixty days if he feels that there is a need for that. The Bill also prohibits
PVOs from political involvement or from undertaking any political lobbying whatsoever on behalf of any
individual, organisation or political party and it will impose penalties for those PVOs that violate the Act in the
form of a fine of level twelve or to imprisonment for a period not exceeding one year, or both such fine and
such imprisonment.

“Any proposed new legislation governing the registration and operations of NGOs must exempt organisations
that are already registered under existing valid legal regimes from re-registering. It is wrong to pass NGO legislation or any other legislation for that matter and apply it retrospectively to affect the rights of civil society groups and NGOs that already legally and validly exist in terms of the current laws of the land that look quite adequate in their current for”.

Lucia da Silveira a board member of Southern Defenders from Angola

Southern Defenders draws the attention of the GoZ to the Constitution of Zimbabwe which is the supreme law
of the land binding on every person, natural or juristic, including the State and all executive, legislative and
judicial institutions and agencies of government at every level that imposes a duty that any proposed law,
practice, custom or conduct needs to be consistent with the Constitution. The proposed legislation will constrict
civic space or impede enjoyment of fundamental rights and freedoms enshrined in the constitution.
In what the Southern Defenders see as an effort to criminalise human rights activism the Bill proposes imposing
harsh penalties including jail-time of up to 1 year for NGO Registration framework related perceived offences.

We regrettably see the manipulation of the FATF recommendations as a pretext by the government to attack
civil society and contravene a country’s obligations under the Charter of the United Nations and international
human rights law to promote universal respect for, and observance of fundamental human rights and freedoms,
such as freedom of expression, religion or belief and freedom of peaceful assembly and of association.

Corlett Letlojane a Southern Defenders board member from South Africa

Southern Defenders are concerned that the phrase prohibition from “political involvement” for PVOs is overly
broad and vague to have a potential of being misused to target for persecution CSO leaders, pro-democracy
activists, human rights defenders and NGOs that may be involved in promoting and protecting civil and political
rights that are protected under the Zimbabwean constitution and major international instruments that Zimbabwe
has signed and ratified such as the African Charter on Human and Peoples Rights, and the International
Covenant on Civil and Political Rights.

“The over broadness and vagueness in the phrase “political involvement” is a breach of the principle of legality
in law-making, in that it makes it difficult if not impossible for CSO leaders, human rights defenders, NGOs and
pro-democracy activists to know how to regulate their behaviour to avoid falling foul with the law” . “Worded this way the proposed amendment bill potentially criminalises civil society activism,
human rights defending and creates a minefield for NGOs. The principle of legality requires that the law is
clearly articulated and known in advance and not applied retroactively”

argued Prof Nuvunga

On FATF recommendations as the basis put forward for the PVO Amendment Bill, Southern Defenders notes
that the Reserve Bank of Zimbabwe issued a Press Statement on 29 September 2021 about the phenomenon of
money laundering in Zimbabwe giving a list of the most notorious people and entities on money laundering.
The operative portion of the notice read as follows:
“The Financial Intelligence Unit (FIU) has identified individuals listed hereunder who are abusing
mobile telecommunications services and other social media platforms to promote and facilitate illegal
foreign exchange transactions and money laundering activities. The FIU has instructed banks, mobile
money operators and other financial service providers to identify and freeze any accounts operated by
these individuals and, further, to bar them from accessing financial services for a period of two years,
with immediate effect.”

Interestingly, no single NGO or civil society activist is on this list of money launderers in Zimbabwe and yet
the government is scrambling legislation to overhaul the NGO legislative framework under the guise of
implementing FATF recommendations and trying to combat money laundering and financing of terrorism. The
The proposed PVO Amendment Bill seems therefore to be for sinister purposes and will pose a significant threat to civic space and be used to persecute targets.

Southern Defenders, therefore, calls on the GoZ to be guided by the constitution of Zimbabwe and international
instruments binding on Zimbabwe as well as the UN Declaration on the Right and Responsibility of Individuals,
Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental
Freedoms (UN Declaration on HRDS). The GoZ also needs to refer to the Guidelines on Freedom of Assembly
and Association by the African Commission on Human and Peoples Rights (ACHPR) in formulating a
regulatory environment that promotes an enabling environment for associations to thrive.

Ends-
For more information please contact Washington Katema on wkatema@southernafricadefenders.africa or
+27736202608

SUDAN-POLITICS-DEMO

African Citizens’ Letter on Sudan Situation

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We, the undersigned organizations and individuals, are deeply concerned about, and strongly condemn, the military coup in Sudan and the subsequent purported suspension of several provisions of the Constitutional Declaration; dissolution of the Sovereign Council, the Cabinet and of the Transitional Government of Sudan. We further condemn the arrest and detention of the Prime Minister, Abdalla Hamdok, his wife, five ministers and other government officials and leaders as well as civil society actors. These actions violate the AU Shared Values and specific provisions of the African Charter on Democracy, Elections and Governance (ACDEG) regarding unconstitutional changes of government. We note that the military takeover has negative consequences for Sudan’s transition into a democracy, a journey that had a major turning point in 2019 when civilians got rid of dictator Omar Hassan Al-Bashir through a peoples’ revolution.

We also note with concern the switching off of the Internet and other communications channels, which has made it difficult for the Sudanese people to receive and send information within and outside of Sudan. We are also greatly troubled by the closure of the Sudanese airspace and land borders, and the suspension of all flights. This has meant that no one can travel into or out of Sudan. These limitations on the rights and freedoms of the Sudanese people as well as other nationalities present in Sudan is in stark violation of both the Sudanese Constitution as well as African and International Human rights norms.

We are aware that many Sudanese, committed to democratic ideals that they relentlessly fought for, have taken to the streets to peacefully protest the military takeover. We are, however, alarmed by reports appearing in a section of the media of the killings, torture and injuries of some of the protesting civilians by sections of the military.

As African citizens and institutions from across the continent and its diaspora, we demand that:

  1. General Abdel Fattah Abdelrahman al-Burhan and the parts of the military leadership under his control immediately and unconditionally release Prime Minister Hamdok, his wife, the ministers, other government officials and members of civil society;
  2. This impugned military leadership transfers the leadership of Sudan back to the transitional government to operate as per the terms of the Political Agreement and the Constitutional Declaration of 17 July 2019 and 4 August 2019 respectively, and further that the entire provisions of Constitutional Declaration be respected and implemented;
  3. Patriotic soldiers, battalions and garrisons desist from participating in or supporting the illegal martial government in any way and certainly refrain from interfering with or harming peaceful protestors.
  4. We call for the protection of civilians and the upholding of their right to protest and further call on the security forces to act with restraint in managing the public order situation in Sudan. Specifically, we call on security forces to desist from the use of force on civilians, as this is contrary to international law and also the various legal instruments created by the African Union;
  5. We demand that this military leadership also lifts the restrictions on Internet access and use to enable people to communicate freely and access information;
  6. We further demand that this military leadership also immediately opens up the airspace to enable travel into and out of the country without restrictions.

We note that the unconstitutional change of government that was perpetrated in Sudan has had a long build up, whose signs include the failed coup of 21 September 2021. The position of the African Union on Unconstitutional Change of Government is very clear and requires an uncompromising rejection of such unconstitutional changes, the immediate suspension of the Member State in question, and immediate engagements, based firmly on AU law to reinstate democratic and legitimate government. We note with concern that, in the face of clear danger, the AU has dithered to implement this hard letter of the law on a few occasions in the last few years, a fact that might have encouraged the current situation in Sudan. While we are grateful that both the AU and IGAD provided initial public statements on the situation in Sudan, their statements were not strong enough. We also acknowledge that the Peace and Security Council of the African Union (AU-PSC) held a Session on Sudan and has suspended its Government in line with the applicable AU law. This is a positive first step. We reiterate that speaking clearly and strongly against the unconstitutional change of government is the only way in which large-scale violence and related human suffering can be averted.

As African citizens and institutions from across the continent and its diaspora, we, therefore, demand that AU and IGAD:

  1. Follow up on their initial Statements with more robust Statements that demonstrate the actions they have taken in the first 48 hours after the coup and that clearly lay out the obtaining law and the processes that they propose to take in the next few days;
  2. Confirm unequivocally to the people of Africa and the international community that Sudan currently stands suspended from the AU, pending these processes;
  3. Urgently convene the AU Peace and Security Council (AU-PSC) and take the necessary follow-up measures.

We note that the Horn of Africa is already very volatile and that should Sudan be allowed to succumb to military-instigated conflict against a resistant citizenry, not only will there be unnecessary bloodshed and human suffering, but this would also have profound regional peace and security repercussions, affecting neighbours like the Central African Republic (CAR), Chad, Eritrea, Ethiopia, and the rest of the East African region. We note the strong Statements already issued by the United Nations Secretary-General and several members of the international community. We also acknowledge that the United Nations Security Council (UNSC) has convened a Session on Sudan.

We call upon the United Nations (UN) to:

Prioritise discussion and action on Sudan, respecting the aspirations and demands of the Sudanese people, and bearing in mind the potential ramifications for the Horn and East Africa region.

As African citizens and institutions from across the continent and its diaspora, we will continue to be actively seized of this matter and will be making additional interventions and actions in the coming days. More importantly, we call upon all people around the world to unite and stand together with the brave Sudanese people to save and preserve their democratic transition and protect their human and peoples’ rights. We urge for peaceful demonstrations and protests outside Sudanese Embassies across the continent and worldwide.

Signed by the following institutions and individuals

as at 09.00 a.m. (East African Time) on Wednesday 27th October 2021

A – Institutions

  1. Advocacy Network for Africa, Washington DC, USA
  2. African Centre for Justice and Peace Studies, Uganda.
  3. African Defenders (Pan African Human Rights Defenders Network)
  4. African Union Watch, Banjul, The Gambia
  5. African Women and Youth Initiative
  6. African Women’s Development and Communication Network (FEMNET)/ Réseau de Développement et de Communication des Femmes Africaines
  7. African Women Leaders Forum (AWLF), Zimbabwe
  8. Atrocities Watch Africa (AWA), Kampala, Uganda
  9. Chapter One Foundation, Lusaka, Zambia
  10. Coalition for an effective African Court on Human and Peoples’ Rights (ACC), Arusha, Tanzania
  11. Coalition Togolaise des Défenseurs des Droits Humains (CTDDH), Lomé, Togo
  12. DefendDefenders (East and Horn of Africa Human Rights Defenders Project)
  13. Disability Amalgamation Community Trust (DACT), Zimbabwe
  14. DITSHWANELO – The Botswana Centre for Human Rights, Gaborone, Botswana
  15. Eastern Africa Youth Empowerment on Peace and Security
  16. Echoes of Women in Africa Initiatives, Nigeria
  17. HUDO Centre, Kampala, Uganda
  18. Human Rights Institute of South Africa (HURISA)
  19. Institut des Médias pour la Démocratie et les Droits de l’Homme (IM2DH), Lomé, Togo
  20. Institute for Young Women Development (IYWD), Zimbabwe
  21. International Refugee Rights Initiative (IRRI), Kampala, Uganda
  22. Inuka Kenya Ni Sisi!, Nairobi, Kenya
  23. Kamma Organization for Development Initiatives (KODI), Sudan
  24. Kenya Human Rights Commission (KHRC), Nairobi, Kenya
  25. Nawi – Afrifem Macroeconomics Collective, Nairobi, Kenya
  26. Network of Independent Commissions for Human Rights in North Africa
  27. Nubsud Human Rights Monitors Organization (NHRMO), Sudan
  28. OnetoAll Foundation, Meru, Kenya
  29. Open Society Initiative for Southern Africa (OSISA), Johannesburg, South Africa
  30. Oromo Legacy Leadership and Advocacy Association
  31. Oromo Professionals Group (OPG), Washington DC
  32. Rape Hurts Foundation, Uganda
  33. Pan African Citizens Network (PACIN)
  34. Pan African Lawyers Union (PALU), Arusha, Tanzania
  35. Pan African Law and Justice Initiative, Kenya
  36. Panos Institute Southern Africa
  37. Plateforme de la Diaspora Tchadienne en Amerique
  38. Southern Defenders (Southern African Human Rights Defenders Network)
  39. Strategic Initiative  for Women in the Horn of Africa (SIHA), Kampala, Uganda
  40. Wakiso District Human Rights Committee, Uganda
  41. Yearning Voices Foundation (YVF)
  42. Zimbabwe Lawyers for Human Rights (ZLHR), Harare, Zimbabwe
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Southern Defenders take part in an HRDs meeting in Ivory Coast

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Southern Africa Human Rights Defenders Network is represented by its Chairperson, Mr Arnold Tsunga at a human rights defenders meeting currently being held in Ivory Coast from 18 to 22 October 2021. The meeting is organised by Internation Services for Human Rights (ISHR) and held under the theme “Protecting Civic and Democratic Space and Strengthening the Protection of Human Rights Defenders in Times of Crisis”.

During the first day, Mr Tsunga gave the remarks below, on the state of civic space and the situation of human rights defenders in Southern Africa.

Many of the patterns of attacks and persecution shared from presenters apply with the same force in Southern Africa and therefore I will not repeat but add a few aspects that need reinforcement.

Covid quickly morphed from a public health pandemic into several associated pandemics such as a socio-economic rights pandemic; into a gender-based violence pandemic; into a human rights violations with impunity pandemic and into a democracy regression pandemic.

Elections are increasingly a threat multiplier in a season of democracy regression and authoritarian consolidation. Leaders especially incumbents see power as an end in itself and therefore at any cost. Elections are increasingly instruments to acquire power rather than periodic public accountability mechanisms to build democracy in Africa. Besides Zambia, the former liberation war movements in Southern Africa feel entitled to retain power and this is a source of proliferation of negative impact on electoral contestations.

With weakening multilateralism and international rule of law framework, the Non-state actor’s power in shaping the operating context for HRDs is increasing in many spheres, including electoral democracy, economics. The structure of the economic model inherited from the colonial system of extractivism especially in mining is increasingly bringing to the fore the role of business in human rights violations and the increasing threats to HRDs in land, environment and indigenous communities. The Minerals/Energy matrix because of reliance on fossil fuels really brings pressure on environmental and climate defenders in a stark way where we predict an escalation in Southern Africa.

The FLD Global report shows that of the 331 HRDs who paid with their lives 70% of these were land, environment and indigenous HRDs. The underreporting in Africa compared to Latin America is a cause for concern especially given the nexus between conflict and extractive economic activity. We need to improve monitoring and documentation in this area.

On the sidelines of the meeting, Arnold Tsunga met with Mr Clement Voule the UN Special Rapporteur on the rights to Freedom of Peaceful Assembly and Freedom of Association who pledged to attend the Southern Africa Annual Human Rights Defenders Summit to be held this year in Maputo between 2-4 December 2021”

A significant number of HRDs are still not aware that they are HRDs. Not only are they therefore not benefiting from the protection mechanisms but this lack of knowledge increases their risk profile as they are often sitting ducks. I think we need to redouble our awareness campaigns so that we leave no one behind.

Finally, we seem to be in a season for a new wave of NGO laws being promulgated that will present threats to both existence and operations of NGOs. The excuse being used of complying with the Financial Action Task Force (FATF) recommendations to model the new laws need a global response and support from the UN Special Rapporteurs

FREEMAKO

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.

-Ends-

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

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The Southern Africa Human Rights Defenders Network, Mosaiko, and the Angolan Protection Desk condemn the killing of protesters and the continuous unlawful detention of GodinhoCristóvão, Joana Janja and Ermenengildo Teotonioi in Angola.

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The Southern Africa Human Rights Defenders Network (SAHRDN or the Defenders Network), Mosaiko and the Angolan Protection Desk condemns the killing of at least 10 protesters[1] and the arbitrary arrest and detention of human rights defenders in the mining town of Cafunfo, Cuango Municipality, Lunda Norte province. This came after the residents of Luanda Norte took to the streets to protest about the poor living conditions in the mining town. The state security forces responded with live bullets resulting in the unnecessary loss of lives.  

We are deeply concerned with the ongoing harassment and unlawful hostage of Godinho Cristóvão, Joana Janja, and Ermenengildo Teotonioi. Godinho, Joana and Ermenengildo are human rights defenders that had traveled to Lunda Norte to assist an activist who was detained for giving an interview to a Portuguese media station after the murder of unarmed civilians or protesters on the 31st of January 2021. They have been surrounded by the police at a Bishop’s house for more than four days and are unable to leave or go about their daily business. Their freedoms have been taken away without any reasonable justification or explanation.

“We deplore the increasing excessive use of force by the Angolan authorities and the misuse of state security agencies to attack civic space and silence human rights defenders in Angola” said Arnold Tsunga, the Chairperson of the SAHRDN and Executive Director at the National Democratic Institute (NDI) in Zimbabwe. “Over the years we have seen the systematic misuse of the law and state security institutions by the authorities to target dissenting voices and those advocating for accountable governance. Criminalizing defenders which undermine rule of law cannot be a good state policy and must be stopped immediately” added Tsunga.

We reiterate the obligations of the Angolan government under international law and the Constitution of Angola. Angola is party to several international treaties that guarantee the right to freedom of expression and freedom of assembly, including the International Covenant on Civil and Political Rights (ICCPR) and the African Charter on Human and Peoples’ Rights (ACHPR). These binding treaties require state parties to ensure and respect the rights to receive information and express and disseminate opinions, the right to free association, the right not to be compelled to join an association, and the right to free assembly.

“We urge the Angolan government to comply with its obligations under regional and international law, as well as the Constitution of Angola” said Tsunga.“Article 32 (1) of the Angolan Constitution specifically guarantees freedom of expression, peaceful assembly and association” he added.

When President Lourenco came into power following the resignation of long-time corrupt dictator President Dos Santos, there was a breath of fresh air that the country was democratising. President Lourenco even had an unprecedented meeting with HRDs to show highest commitment to human rights. However, it seems like there is a regression with continued targeting of HRDs especially during the global pandemic where the government should be more accountable.

We strongly call on Angolan authorities to stop persecuting human rights defenders, activists, and democracy activists who are legitimately exercising their constitutional rights. We also call for the immediate and unconditional release of Godinho Cristóvão,  Joana Janja and  Ermenengildo Teotonioi from this hostage situation and that their safety be guaranteed.

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For more information, please contact or Washington Katema our Regional Programmes Manager at wkatema@southernafricadefenders.africa  or +27736202608.

[1] Amnesty. Angola: Shooting spree by security forces kills at least 10 protesters 2 February 2021. Available at https://www.amnesty.org/en/latest/news/2021/02/angola-shooting-spree-by-security-forces-kills-at-least-10-protesters

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