There were international calls for government to cease clamping down on the rights to freedom
of association and assembly10. The Government of Zimbabwe was urged to respect international
human rights norms and standards pertaining to freedoms of association, of peaceful assembly
and of expression in the run up to the constitutional referendum on 16 March and subsequent
elections, which took place in July. The UNHRC received increasing numbers of reports about acts of
intimidation and harassment, physical violence and arrests against civil society actors, mostly working
on human rights issues11. EU 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 called on the Zimbabwean authorities to release anyone detained for
defending human rights and to end their judicial harassment. 12
The sustained and escalating assault on NGOs involved in civic education, human rights monitoring,
public outreach and service provision – all of which are lawful activities and noble endeavours were
highlighted by local NGOs. In describing the clampdown, they said methods of attack included
character assassination through the partisan and state-controlled media, disruption of lawful activities
and meetings, violent disruption of peaceful protests, and invasion of organisational premises
through the use of vague and generalised search warrants as well as suspicious break-ins and thefts.
These violated African Union and the United Nations norms which clearly protect the rights of HRDs
to associate, organise and carry out peaceful activities, and the right of human rights organisations
to exist and be protected by law. Such rights are further enshrined in the Constitution and laws of
Zimbabwe. CSOS called on the state and its institutions and actors, to immediately cease attacks
against NGOs and HRDs, and to open space to allow civil society to continue with their critical
activities. They highlighted that failure of this inclusive government to come to its senses painted a
negative picture of the pre-election environment, and would be recorded accordingly for those in the
region and further afield to take note13.
Specific violations (Some covered under Rule of Law)
On 5 February, police in Lupane, Matabeleland North Province, arrested two National Youth
Development Trust (NYDT) members and charged them with contravening Section 40 of the Criminal
Law Code for allegedly possessing voter registration receipts.
The NYDT members Brilliant Goboza (22) and Ray Ncube (19) were arrested on Monday 4 February
2013 in Lupane and charged with “possession of articles for criminal use” contravention of Section
40 of the Criminal Law Code after they were allegedly found with a number of receipts issued at the
Registrar General’s Office when one registers as a voter. Initially, the police detained 40 people who
were later released leaving Goboza and Ncube in custody. The police indicated that the two NYDT
members will be taken to court on Wednesday 6 February 2013.
On 11 February police intensified their systematic crackdown on civil society organisations by raiding
the offices of the Zimbabwe Peace Project (ZPP) and seized several documents and other materials.
The five police officers from the Criminal Investigation Department stationed at Harare Central Police
Station’s Law and Order Section, who included Detective Assistant Inspector Ben Justen, Nyabuwa,
Mugogodi and Mapara were armed with a search warrant issued by Superintendent Jeremiah
Murenje which permitted the search for “subversive material, documents, gadgets, recordings and
illegal immigrants”.
The police officers charged that there were reasonable grounds that the Jestina Mukoko-led ZPP
was in possession of some articles which the organisation intended to use for criminal use in
contravention of Section 40 of the Criminal Law Code.
10 http://www.hrw.org/node/114291, 19 March 2013
11 Joint Statement by United Nations Special Rapporteurs on 27 February
12 European Parliament Resolution, 8/2/2013: http://www.europarl.europa.eu/ep-live/en/plenary/search-by-date
13 ZLHR
37
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