Corporate report

Zimbabwe - in-year update December 2015

Published 21 April 2016

The human rights situation in Zimbabwe remains fragile. In the last six months of 2015, the Zimbabwe Peace Project recorded 1,407 individual rights violations, compared with 1,117 in the previous six months. Detailed data show that an increased proportion of these incidents relate to discrimination in access to government-controlled food aid programmes. The number of incidents of direct violence is proportionately lower. Harassment and discrimination continue to make up more than 60% of reported violations. The most recent Freedom House assessment before publication of this report improved Zimbabwe’s rating from 6 to 5, and its status from “Not Free” to “Partly Free”.

Intra- and inter-party violence continues. The police continue to use unnecessary violence to break up demonstrations. There have been repeated violations of constitutional protections in regard to eviction and demolition of properties in the reporting period, affecting both black and white communities. Implementation of court orders by police is patchy. Progress in the alignment of legislation with the 2013 constitution is slow, but the Constitutional Court has made a number of rulings which enforce citizens’ civil liberties. The politicisation of government food handouts is of concern.

A number of attacks against opposition party members were reported during this period. These reports included several serious assaults, blamed on ZANU PF youths and police. Several MDC-T rallies were broken up by police and Zimbabwe African National Union-Patriotic Front (ZANU-PF – the ruling party) youth during November. Following this, on 17 November, the EU issued a statement expressing deep concern about incidents of violence against members of political parties, and calling upon the government of Zimbabwe to bring those responsible to justice.

In July and August, there were a number of incidents involving clashes between street vendors and the police in major urban centres, including Harare, Bulawayo, Gweru and Masvingo. Following their release from jail in August, a group of 15 vendors sought medical treatment for injuries inflicted by police officers during their arrest on 14 July. The victims have been accused of assaulting police officers, and their cases remain before the courts.

There is a continuing lack of respect for property rights in Zimbabwe. Government bodies frequently fail to respect the provisions of the constitution regarding eviction and demolition of property. In July, homes in Glen Norah and Warren Park suburbs of Harare were demolished. In August, properties along the Airport Road in Harare were bulldozed; a further 100 homes were destroyed and some 200 families were left homeless. On 28 November, in Odzi, homesteads were burnt down at Nyangundi resettlement scheme. Police have failed to enforce court judgements in the Connelly farm invasion case, in contravention of their constitutional obligations. The UK government continues to urge the government of Zimbabwe to ensure that the rule of law is followed in the Rankin farm case. We are concerned about the wellbeing of the Rankin family, the ongoing illegal occupation of the property, and that court orders staying any government attempt to possess the farm have not been respected.

Progress on alignment of Zimbabwean legislation with the 2013 Constitution has been slow. But the Constitutional Court has made a number of landmark rulings reinforcing the human rights protections available to Zimbabweans in the reporting period. These include confirmation of the constitutional requirement to obtain a court order before an eviction or demolition is carried out, and the striking down of repressive provisions in the Public Order and Security Act which allowed for extended periods of detention without trial. Criminal defamation, a provision frequently used to restrict media freedom, was also declared unconstitutional.

In a landmark ruling during the reporting period, the Constitutional Court outlawed all child marriages in Zimbabwe; the UK government funded the case. Up to 30% of women in Zimbabwe marry before reaching 18. There is a close connection between high rates of child marriage and high levels of violence against women and girls.

Freedom of speech and assembly remain somewhat restricted. Slander laws constrain the public’s ability to criticise the President and First Family. Several independent daily newspapers regularly challenge government policy, but broadcast media remains tightly controlled. Access to radio and TV licences is restricted. On 2 November, three journalists were arrested and charged with libel following a report into police corruption and links to the illegal wildlife trade. They were later released on bail. On 11 December, Reverend Patrick Mugadza was arrested and charged with disturbing the flow of traffic when holding a one-man protest against President Mugabe at the ZANU-PF party conference. He was detained for 16 days and only released after abnormally high bail conditions were significantly reduced.

The abduction and disappearance of human rights defender, Itai Dzamara, in March 2015 remains of serious concern. The Zimbabwean government, which denies any knowledge of his whereabouts, has failed to carry out an effective investigation into his disappearance, contravening a direct High Court order. The UK, wider international community, and civil society organisations continue to raise his case, and urge the government to do everything possible to locate him. The EU’s public statements, issued in July, August and September, reiterate the responsibility of the Zimbabwean authorities to ensure that justice is served.

Allegations of the politicisation of government food aid make up an increased proportion of reported rights abuses. Access to food – and crucial agricultural inputs – must be given on the basis of humanitarian need rather than political affiliation.