elections, have been searched by police,” said the Special Rapporteur on the rights to freedom
of peaceful assembly and of association, Maina Kiai. “Search procedures must not be applied
selectively, and the right to privacy needs to be respected. Otherwise, the independence of
associations and the safety of their members will be seriously at risk,” he emphasized. The experts
also voiced their concern at the police’s use of force against, and arrests of, peaceful protesters
taking part, and handing out roses and teddy bears, in an annual Valentine’s Day protest outside
Parliament in Harare on 14 February 2013.
On 8 February 2013, the European Parliament adopted a resolution on the arrests of ZimRights
leaders. MEPs condemned the arrests of Human Rights Association workers Okay Machisa, Dorcas
Shereni and Leo Chamahwinya in their Zimbabwe offices in December 2012, shortly after they
denounced the growing police brutality across Zimbabwe and called for action by the competent
authorities. MEPs call on the Zimbabwean authorities to release anyone detained for defending
human rights and to end their judicial harassment.
MEPs also deplored the lack of a human rights clause in the EU’s recently concluded interim
Economic Partnership agreement with four African States, including Zimbabwe, and asked the EU to
include such clauses in future economic partnership negotiations with the country33.
There was continued failure by the Government of Zimbabwe regarding the values of unity,
promotion of common values of peace, security, stability and prosperity agreed at the formation of
the Organisation of African Unity now known as the African Union 50 years ago34.
The Government of Zimbabwe failed to adopt and implement concrete measures to promote
democratic principles and institutions, popular participation and good governance in accordance
with the minimum standards set within the AU framework.
Furthermore, it continued to procrastinate in implementing recommendations of the AU organs
such as the African Commission on Human and Peoples’ Rights which had delivered a landmark
ruling directing the Harare administration to allow its citizens in the diaspora to vote in the March
constitutional referendum and forthcoming national elections.
There also continued to be a deafening silence and no significant progress towards accepting
through ratification and domestication of one of the key instruments that would advance democracy,
peace and security in Zimbabwe, the region, and the continent as a whole, the African Charter on
Democracy, Elections and Good Governance (The African Charter on Democracy) that came into
force on 15 February 2012.
The African Charter on Democracy seeks to promote adherence by African states to the universal
values and principles of democracy and respect for human rights premised upon the supremacy
of the constitution and the respect for the rule of law. The African Charter on Democracy seeks to
usher in a new era on our continent that establishes a link between free and fair elections, good
governance and the enjoyment of human rights by the citizens. It further proclaims a new dawn of
democracy rooted in the rule of law and gives further impetus to Africa’s commitment to the principles
of transparency and accountability in government. It reaffirms the primacy of the rule of law and calls
on state parties to initiate appropriate measures, including legislative, executive and administrative
actions to bring State Parties’ national laws and regulations into conformity with the African Charter
on Democracy.
On 13 April, 2013, following ceaseless arrests, harassments and intimidation, and physical assaults
without any effective domestic remedies, Women of Zimbabwe Arise (WOZA), filed a communication
at the African Commission on Human and People’s Rights (ACHPR), through the ZLHR and the RFK
Centre35.
In the communication, which was filed on Saturday 13 April 2013 during the 53rd ordinary session
of the ACHPR, WOZA sought to challenge the pattern of impunity which had resulted in continued
33 The full text of the resolution: http://www.europarl.europa.eu/ep-live/en/plenary/search-by-date.
34 ZLHR Africa day statement, 25 May, 2013
35
60
Select target paragraph3
Add to table of contents