torture, intimidation, raids and visits of offices perpetrated by the army, Government-backed
militias and ZANU-PF supporters against the opposition and those considered to support the
opposition. One objective of ZANU-PF leaders and their supporters was to silence human rights
defenders, NGOs and journalists who reported on the irregularities observed during the electoral process, and on the deteriorating human rights situation, as well as political opponents
and ordinary citizens perceived as supporting the opposition.
On June 22, 2008, Mr. Morgan Tsvangirai announced his decision to withdraw his candidacy
in the hope to decrease the politically-motivated violence. This led to the “re-election” five
days later of Mr. Robert Mugabe as the unique candidate. It was widely recognised that the
2008 elections did not meet the international standards of free, fair and credible elections, as
they were marred with systematic and widespread violence and human rights violations and
abuses, including against human rights defenders, in a context of total impunity.
The government that emerged from this marred electoral process led by President Mugabe
was considered by a large part of the international community, including the African Union
(AU), to be illegitimate.
This prompted the Southern African Development Community (SADC) to intervene in
Zimbabwe through a mediation process led by the President of the Republic of South Africa,
Mr. Thabo Mbeki, who was appointed as facilitator. He was later replaced by the new South
African President Jacob Zuma. The mediation resulted in the conclusion, on September 15,
2008, of a Global Political Agreement (GPA) between the major political parties: the incumbent President Robert Mugabe’s ZANU-PF, as well as the two wings of the Movement for
Democratic Change (MDC – T, led by Mr. Morgan Tsvangirai and MDC – M, led by Mr. Arthur
Mutambara). The aim of the GPA was to create a basis for a political solution to the governance
crisis that shook the country as a result of the failure to hold free and fair elections.
The GPA led to the formation of an Inclusive Government - known as the Government of
National Unity (GNU) – in February 2009, which was still in office as of October 2012.
Under this agreement, Mr. Robert Mugabe retained the presidency while Mr. Morgan
Tsvangirai became Prime Minister and Mr. Arthur Mutambara Deputy Prime Minister.
The Inclusive Government formed under this agreement was initially tasked to implement the
GPA over a short period of time in order to adopt the necessary reforms that would allow for
free and fair elections to be held.
However, more than three years after the adoption of the GPA, its objectives have still not been
achieved.
On the contrary, towards the end of 2011, President Mugabe, who continued to exert close
control over the country by unilaterally appointing several officials in key political and administrative positions, including ambassadors, provincial governors and judges, called for the end
of the coalition government, and for the organisation of general elections, before a referendum
on a new Constitution. In mid-December 2011, his party (ZANU-PF) adopted a series of resolutions during its National Conference held in Bulawayo. In reality, ZANU-PF is now actively
calling for the end of GNU.
On the other hand, both MDC formations have continuously refused to participate in any elections until the implementation of the reforms provided for in the GPA.
In spite of this political deadlock within the GNU, it is likely that elections will be held in
Zimbabwe in 2013.
In this new pre-electoral context, and three years after the entry into force of the GNU, political violence, lack of respect for the rule of law and human rights violations remain a serious
concern in Zimbabwe. Human rights defenders, including NGO members, journalists, trade
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ZIMBABWE: Ongoing risks for human rights defenders in the context of political deadlock and pre-electoral period
unionists and lawyers, are once again suffering the brunt of violations of their rights, including acts of intimidation, arrests and other forms of hindrances aimed at hindering their work.
It is in this context that the follow-up international fact-finding mission to Zimbabwe mandated
by the Observatory from December 11 to 18, 2011 met with members of political parties,
Government officials, human rights defenders, including journalists, lawyers, judicial officers,
representatives of civil society organisations, trade unionists, organised rate payers organisations and artists, and members of the diplomatic community.
3. Scope and composition of the mission
One of the aims of the mission was to assess the environment in which human rights defenders
had been carrying out their activities, four years after the 2008 elections, under a weak GNU,
and in a context where the organisation of the next elections was dominating the political
debates.
More precisely, the mandate of the mission was to:
– Compare the findings of the 2008 Observatory Fact-Finding Mission Report in Zimbabwe
and with the situation of human rights defenders at the time of the visit;
– Identify and assess the laws used to stifle the work of journalists and human rights defenders;
– Identify the patterns of harassment against human rights defenders, as well as their
perpetrators;
– Document personal testimonies of victims of repression;
– Determine the capacity of the national institutions to ensure protection of human rights
defenders;
– Identify the position of the Government on the recommendations of various regional and
international bodies regarding the situation of human rights defenders;
– Formulate appropriate findings and recommendations.
The delegation was composed of Mr. Arnold Tsunga, Lawyer, Vice President of FIDH and
Director of the African Regional Programme of the International Commission of Jurists (ICJ);
Justice Thomas Masuku, former Judge of the High Court of Swaziland and Botswana; and
Ms. Berita Kopolo, an academic attached to the Centre for Human Rights of the University of
Pretoria. The mission delegates were accompanied by Mr. Okay Machisa, National Director
of the Zimbabwe Human Rights Association (hereinafter called ZIMRIGHTS), an affiliate
of FIDH.
4. Methodology
The mission conducted interviews in the major cities such as Harare, Bulawayo and Mutare.
It also gathered relevant information from newspaper articles, desk research and supporting
documents from some of the interviewees.
More specifically, the mission met representatives from ZIMRIGHTS, Bulawayo Agenda,
Radio Dialogue in Bulawayo, Bulawayo Urban Progressive Rate Payers Association (BUPRA),
Trustee-Vavezi (an offshoot of Nhimbe Trust) in Bulawayo, Legal Resources Foundation (LRF)
in Mutare, Centre for Research and Development; representatives from the Prime Minister’s
Office and the MDC; members of the Law Society of Zimbabwe; as well as foreign diplomats accredited to Zimbabwe including the Ambassador of the Republic of South Africa, the
Ambassador of France and US diplomats.
Accordingly, the information contained in this report draws on elements provided by a
variety of sources, as well as on the observations, assessments and analyses of the mission
delegates. The mission assessed how the political, legal, and international environment in
Zimbabwe contributes to, or on the contrary affects, the situation of human rights defenders in
the country.
The Observatory
ZIMBABWE: Ongoing risks for human rights defenders in the context of political deadlock and pre-electoral period
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