The Constitution of Zimbabwe is clear in section 58 that every person has the right to freedom of
assembly and association. Section 59 gives the right to demonstrate and this must be exercised
peacefully.
Recently, the Government of Zimbabwe presented to the United Nations and the African
Commission on Human and Peoples’ Rights that its police officers have gone through human
rights training. Clearly, the conduct of the police in this case did not reflect a police service that
is human rights conscious and has undergone any training. While the Forum acknowledges that
the State has an obligation to maintain public order to prevent social disruption, damage to
property, injury and loss of life, a clear set of international human rights law standards has been
developed in respect to the use of force by law enforcement officials. From the reports received
and eye-witness statements, the crowd gathered at Morgan Tsvangirai House was not violent in
any way and the documented conduct of the police was disproportionate to the threat paused by
the crowd. The indiscriminate beating of passers-by, women and children who were in no way
linked to the demonstration was criminal and must be investigated.
What this incident tells us is that as a nation we have learnt nothing from the past and are not
willing to undertake the reforms necessary to build a peaceful society. Recently, the government
reported to the African Commission of their intention to implement the recommendation of the
Montlanthe Commission. The behaviour of the police shows lack of sincerity in such statements.
The Motlanthe Commission in its report after the August 1, 2018 post-election crackdown by the
Zimbabwe National Army made recommendation for the law enforcement agents to be
capacitated to handle protests in a way that does not see a recurrence of the August 1 killings
and assaults where 6 innocent civilians were killed.
The government has always denied reports by the Forum of human rights violations. It gives us
no pleasure to report that the events of 20 November 2019 vindicate all our reports released in
2019 including the most recent 2018 State of Human Rights Report, the 2019 Anti-Impunity
Report, the New Deception and the special report – Hear Their Cry – A Report on State Violence
Against Children During the 2019 January Protests. It is also regrettable that the behaviour by
the police shows utter disrespect of the recommendations of the United Nations. The United
Nations Special Rapporteur on Freedom of Peaceful Assembly and Association, Clément Voule
who was in the country in September expressed concern in his preliminary findings on 27
September 2019 over the reports of excessive, disproportionate and lethal use of force against
protestors, the indiscriminate use of teargas, batons and live ammunition in Zimbabwe. The
Special Rapporteur recommended that law enforcement agents must desist from broad
discretion to disperse public gatherings and to follow guidelines of the United Nations Basic
Guidelines on the Use of Force in promotion of the right to freedom of peaceful assembly.
The Forum calls for adherence to human rights as the pact is clear in section 44 of the
Constitution that government must respect, protect promote and fulfil human rights.