Corporate report

Zimbabwe - in-year update July 2015

Published 15 July 2015

The human rights situation in Zimbabwe is fragile, though overall numbers of reported human rights violations have fallen from the equivalent period in 2014, continuing a downward trend since a peak in 2008. In the first six months of 2015, the Zimbabwe Peace Project recorded 1,117 cases, compared with 1,152 cases recorded in the previous six months. However, a number of serious reported violations have caused concern. These include the alleged abduction of a human rights defender (HRD), four deaths that may be politically motivated, a violent response to a prison riot resulting in five deaths, and heavy-handed responses to public demonstrations. The run-up to parliamentary by-elections in June also saw a spike in incidents of political violence.

The alleged abduction of HRD and journalist, Itai Dzamara, on 9 March remains of deep concern. Mr Dzamara, who led the pro-democracy movement “Occupy Africa Unity Square”, had reportedly been detained without charge and beaten by police prior to his alleged abduction. His subsequent disappearance and the lack of an effective investigation by the Zimbabwean police, contravening a direct order by Zimbabwe’s High Court, is worrying. Protesters demanding the release of Mr Dzamara clashed with anti-riot police on a number of occasions in March. Police raided the headquarters of the opposition party, Movement for Democratic Change-Tsvangirai (MDC-T), following their expression of solidarity with Mr Dzamara. Police also banned a prayer meeting, called to mark 100 days since Dzamara’s disappearance, although thison was later overturned by a high court ruling.

The EU Delegation to Zimbabwe has released three statements expressing deep concern over Dzamara’s case since his abduction. Zimbabwe Lawyers for Human Rights (ZLHR) successfully filed a habeas corpus application at the Zimbabwean High Court, ordering senior security officials “to do all things necessary to determine his whereabouts”. The government has denied any knowledge of his whereabouts, including in answers to questions tabled by the opposition in parliament. They blame a lack of progress in the police investigation for their continued inaction. Mr Dzamara’s case has been lodged with the UN Human Rights Council Working Group on Enforced Disappearances. The UK, wider international community and civil society organisations continue to raise awareness of his case, and urge the government to do everything possible to locate him.

According to local civil society organisations there have been four separate murders during the reporting period that may have been politically motivated. Police investigations into these incidents are ongoing. The EU delegation and broader international community continue to monitor progress in these cases closely.

On 13 March, at least five people were killed following a riot in Chikurubi Maximum Security Prison in Harare. Many of the 900 prisoners were demonstrating over living conditions and lack of medical assistance. Zimbabwe’s legislature has been concerned with prison conditions for some time. In 2014 a commission led by Supreme Court Judge, Justice Rita Makarau, and a parliamentary committee decried overcrowding, poor diet and a high prevalence of disease in the country’s jails, and urged authorities to act. The Zimbabwe Human Rights Commission issued a statement of concern about the incident on 16 March, which called on the government of Zimbabwe to properly finance the country’s prisons and Correctional Services Department so that they can provide for prisoners’ basic needs.

The run up to by-elections in Hurungwe West and several other constituencies on 10 June was marked by a rise in localised political violence during May and early June. Reports from several civil society organisations, including the Zimbabwe Peace Project, suggested that intimidation and violence featured in several of these campaigns. However, there is little evidence that these incidents were centrally directed.

Peaceful demonstrations over living conditions and unemployment in Harare, Marondera, Masvingo, and Mutare were dispersed by riot police responding with tear gas and water cannon in February. In March, riot police were deployed to the University of Zimbabwe in response to public protests by teachers over unpaid salaries and by students over fees and living conditions.

Media freedom remains limited, although there are several widely available independent daily newspapers that regularly challenge government policy. In March, the Broadcasting Authority of Zimbabwe issued eight commercial radio licences, only one of which was to a company not affiliated to the state. The government is yet to offer licences to community radio stations. According to Amnesty International, at least 28 independent community radio initiatives have been waiting up to 14 years for licences. In June, a newspaper editor, Patrick Chitongo, was imprisoned for eight months for publishing an unregistered newspaper.

Progress on the alignment of existing Zimbabwean legislation with constitutional human rights provisions has been slow. An Omnibus Bill to amend 126 existing pieces of legislation has been submitted to parliament, but civil society groups have complained these are largely minor changes and that the government of Zimbabwe has yet to address the substantive requirements of the 2013 constitution.

Lack of respect for the rule of law in Zimbabwe, particularly by senior figures over property rights and security of land tenure, remains problematic. Further incidents of farm seizures have been reported during this period, including in cases where court judgements have been ignored, despite which the police have failed to act. More encouragingly, there have been two recent rulings over property rights in which the Zimbabwean courts found in favour of the property owner and against senior government officials. In one case the official was sentenced to 90 days in jail. In the second case, Vice President Mphoko intervened to ensure the judgement was upheld. In addition, some perpetrators of low level violence in rural areas have been successfully prosecuted through local and regional courts.

The FCO has previously reported on the Tokwe-Mukorsi flood. In February, Human Rights Watch launched a report on Tokwe-Mukorsi flood victims, highlighting challenges such as dependence on food aid, the inability to build a permanent home due to land ownership disputes, and lack of compensation from the Zimbabwean government. The government has failed to identify a permanent relocation site for the villagers. The Zimbabwe Human Rights Commission has called for the state to take appropriate measures to ensure that people are resettled adequately and compensated appropriately.