16 acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions."(71) Additionally, Article 10 of the ICCPR recognizes the right of all persons deprived of their liberty to be treated humanely. The UN Human Rights Committee, responsible for interpreting the obligations of states under the Covenant, has explicitly stated: "Treating all persons deprived of their liberty with humanity and with respect for their dignity is a fundamental and universally applicable rule. Consequently, the application of this rule, as a minimum, cannot be dependent on the material resources available in the state party. This rule must be applied without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status".(72) Failure to respect and protect rights of women human rights defenders Overall, Amnesty International believes that the government of Zimbabwe has violated the rights of women human rights defenders to promote and protect their rights. The government has used the law, allowed the use of excessive force against peaceful women protesters, and torture, inhuman and degrading treatment of women human rights defenders in order to stop them from going about their activities to campaign for the protection of their human rights. Such measures by the government of Zimbabwe breach internationally recognized rights of human rights defenders. The Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms (also known as the UN Declaration on Human Rights Defenders) was adopted by the UN General Assembly in 1998 by consensus. Its text fleshes out the obligations of states to protect human rights defenders, building on pre-existing human rights obligations found in numerous international instruments, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. It was then incorporated by the African Commission on Human and Peoples’ Rights into the Grand Bay Declaration,(73) as well as the Resolution on the Protection of Human Rights Defenders in Africa, which called on member states "to promote and give full effect to the UN Declaration on Human Rights Defenders, [and] to take all necessary measures to ensure the protection of human rights defenders".(74) The Declaration on Human Rights Defenders recognizes that the work of human rights defenders is vital to promoting human rights, democracy and rule of law. It represents the aspirations of members of the United Nations to create an enabling environment for human rights defenders to go about their work without fear. Many of the underlying principles found in the Declaration are also recognized by other international treaties to which Zimbabwe is a party, such as the International Covenant on Civil and Political Rights. By failing to sanction peaceful protests, and by interfering with the internationally recognized activities of women human rights defenders and organizations, the government of Zimbabwe and, in particular, the state police, are violating Article 12 of the Declaration on Human Rights Defenders, which recognizes the right to engage in peaceful activities, individually and in association with others, in defence of human rights and fundamental freedoms. Conclusion and recommendations Amnesty International is deeply concerned about the government of Zimbabwe’s increasing intolerance of dissent, and its denial of the rights of women human rights defenders to exercise the right to peaceful assembly and freedom of association. The organization is concerned that women who are exercising or seeking to exercise their civil and political rights in order to highlight violations of economic and social rights, brought about by the declining economy and fuelled by government policies such as Operation Murambatsvina, are being arbitrarily arrested and detained. They then face further violations while in police custody, including beatings, and denial of access to lawyers, food and medical care. The government of Zimbabwe needs to invest in a process that addresses the underlying violations of economic and social rights which motivate women to become human rights defenders, rather than increasing repression, intolerance and human rights violations against them and criminalising their legitimate activities in defence of human rights. Women human rights defenders should be detained only in accordance with due process of law. The government must not condone abuse and mistreatment during arrest and detention, and must actively prosecute perpetrators of such abuse. Women human rights defenders must be ensured due protection where they are pregnant or mothers of small children. Where children accompany women human rights defenders at the time of their detention, the police must take special care to safeguard the child’s best interests. Amnesty International stresses that the international community must publicly condemn violations of human rights by the government of Zimbabwe, including organised violence by state actors, torture and ill-

Select target paragraph3

Add to table of contents