TABLE OF CONTENTS
I. Introduction................................................................................................................................ 3
1. Past activities of the Observatory on Zimbabwe............................................................. 3
2. Political context................................................................................................................... 3
3. Scope and composition of the mission............................................................................. 5
4. Methodology....................................................................................................................... 5
5. Obstacles.............................................................................................................................. 6
II. Pre-electoral periods in Zimbabwe: increased risks for public freedoms.......................... 7
1. The political deadlock hinders the implementation of reforms
and the establishment of a favourable environment for free and fair elections........ 7
2. SADC endorsement and implementation of reforms: the pre-conditions
for the organisation of the elections remain unmet....................................................... 7
3. Reactions of fear to recent calls for elections, and illustrations
of past election-related violence...................................................................................... 9
III. L egal framework for the protection of human rights defenders . .................................... 11
1. Zimbabwe’s regional and international obligations with regard
to the protection of human rights defenders................................................................. 11
2. Government position on regional and international recommendations
on the situation of human rights defenders .................................................................. 11
3. Domestic legal framework relevant for the work of human rights NGOs
and human rights defenders . ......................................................................................... 12
4. Capacity of Zimbabwean institutions and actors to offer protection
to human rights defenders .............................................................................................. 13
IV. Patterns of harassment against human rights defenders................................................. 16
1. Arbitrary arrest and detention ........................................................................................ 16
2. Reprisals for exercising the right to freedom of peaceful assembly............................ 20
3. Obstacles to awareness-raising events, including in the Arts sector........................... 22
4. The “Maguta Group”: a real threat to human rights activities in rural areas............. 23
5. Harassment faced by media practitioners.................................................................... 24
6. Propaganda and slandering of NGOs by ZANU-PF....................................................... 25
7. Obstacles to the participation of human rights defenders in international
and regional meetings...................................................................................................... 25
V. Conclusion and Recommendations................................................................................... 27
I. Introduction
A vibrant civil society is a crucial part of any democratic society’s development, in all
spheres including human rights, and it should be strongly supported even if some of
its messages make uncomfortable reading for those in authority 1.
Ms. Navi Pillay, United Nations High Commissioner for Human Rights, at the end of
her first ever mission to Zimbabwe (May 20 to 25, 2012)
1. Past activities of the Observatory on Zimbabwe
Over the past few years, the Observatory for the Protection of Human Rights Defenders – the
Observatory – a joint programme of the International Federation for Human Rights (FIDH) and
the World Organisation Against Torture (OMCT), focused its attention on the worrying situation of human rights defenders in Zimbabwe. The latter is still characterized by acute acts of
harassments, intimidation and reprisals, including particularly repeated arbitrary arrests and
detentions, judicial harassment and acts of torture and ill-treatment as well as obstacles to the
exercise of their right to freedoms of association, expression and peaceful assembly.
In addition to publicly and regularly denouncing the systematic and sustained repression of
human rights defenders in Zimbabwe, the Observatory has conducted several fact-finding
missions in the country that have shed light on the authorities’ determination to systematically
silence any kind of protests or criticism regarding Zimbabwe’s human rights record.
In January 2008, the Observatory carried out a fact-finding mission to assess the situation
of human rights defenders in the context of high levels of intimidation and violence in the
run-up to the March 2008 presidential and legislative elections. The mission report, Run up
to the March 29 Presidential and Parliamentary Elections – A Highly Repressive Environment
for Human Rights Defenders, described the increasing use of violence by State agents in order
to silence political opposition and its perceived supporters, mainly human rights defenders.
The Observatory severely condemned the widespread use of force, which was accompanied
by, or even relied on, a repressive legislative framework and on a selective enforcement of the
laws. In its recommendations, the Observatory urged the Zimbabwean authorities to repeal
all restrictive legislations and to take the necessary measures to guarantee the protection of
human rights defenders from deaths threats, acts of torture, abductions and disappearances.
More generally, the Observatory also called on the authorities to put an immediate end to
arbitrary arrests and detentions, surveillance visits by the army, Government-backed militias
and Zimbabwe African National Union - Patriotic Front (ZANU-PF) supporters and breaking
or forcible entry into offices, defamation and media hate propaganda, restriction of movement
or restriction on public meetings of human rights defenders.
2. Political context
The Observatory would like to thank the French Ministry of Foreign and European Affairs, the European Union, the International Organisation of the Francophonie, the Republic and Canton of Geneva,
the Paris City Hall, the Norwegian Ministry of Foreign Affairs, the Finnish Ministry of Foreign Affairs,
the Swedish International Development Cooperation Agency (SIDA), and the Sigrid Rausing Trust for
making the publication of this report possible. Its content is the sole responsibility of FIDH and OMCT
and should in no way be interpreted as reflecting the view(s) of the supporting institutions.
Directors of publication: Souhayr Belhassen, Gerald Staberock
Authors of the report: Arnold Tsunga, Thomas Masuku, Berita Kapolo.
Edition and coordination: Hugo Gabbero, Tchérina Jerolon, Alexandra Poméon, Isabelle Scherer, Delphine Reculeau
Design: Bruce Pleiser
Imprimerie de la FIDH - Dépôt légal novembre 2012 - FIDH (English ed.)
ISSN 2225-1804 - Fichier informatique conforme à la loi du 6 janvier 1978 (Déclaration N°330 675)
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The Observatory
ZIMBABWE: Ongoing risks for human rights defenders in the context of political deadlock and pre-electoral period
In 2008, Zimbabwe experienced a major crisis linked to the national elections. The violence
that culminated during the March 29 elections – with summary executions and enforced disappearances of political opponents or those considered to support the opposition – continued
under other forms after the ZANU-PF lost control of Parliament to the opposition Movement
for Democratic Change (MDC) for the first time since the independence of the country. In
addition, the results of the first round of the presidential elections – held on the same day and
not disclosed for over a month – gave MDC leader Mr. Morgan Tsvangirai 47.9% against 43.2%
for Mr. Robert Mugabe. The run up to the second round of the presidential election, scheduled
for June 27, 2008, witnessed a generalisation of the use of force and acts of violence including arbitrary arrests and detentions, death threats, disappearances, acts of ill-treatment and
1. UN Statement, UN Human Rights Chief ends first ever mission to Zimbabwe, May 29, 2012.
The Observatory
ZIMBABWE: Ongoing risks for human rights defenders in the context of political deadlock and pre-electoral period
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