Davidson and Purohit: The Zimbabwean Human Rights Crisis: A Collaborative Approach to International Advocacy
YALE HUMAN RIGHTS & DEVELOPMENT L.J.
[Vol. 7
years, in part due to the HIV/AIDS epidemic. Food shortages required the
import of up to 1.3 million metric tons of maize in 2003 to 2004 to prevent
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mass starvation.
The acute food shortage and the control of distribution of aid supplies
by the government and its agents have a particularly detrimental effect on
the large number of displaced farm workers (especially those of foreign
descent), women, the elderly, orphaned children, and people living with
HIV/AIDS. In addition, as noted above, the government's fast-track land
reform program has resulted in the destruction of the infrastructure of
social services in many rural areas, including healthcare and basic
education.
IV. RESTRICTIONS ON HUMAN RIGHTS ADVOCACY
Rigorous documentation of human rights violations is the most basic
element of human rights advocacy, necessary to ensure the dissemination
of accurate information and the building of legal cases, and to create
pressure for action domestically and internationally. In Zimbabwe, such
documentation is significantly hampered by the efforts of the authorities,
which in addition to using threats, violence, and intimidation against those
seeking to record human rights abuses, also makes use of new legislation
that significantly restricts the scope for criticism of state institutions and
seeks to prevent civil society and political organizing.
The Public Order and Security Act (POSA), a draconian law adopted in
January 2002 to replace the Rhodesian Law and Order Maintenance Act, is
used routinely by the Zimbabwean police to arrest and detain members of
the opposition and others perceived as supportive of them, such as civil
society activists. The law is also used to prevent and disrupt peaceful
meetings, as it requires police permission to hold any kind of public
gathering. The provisions of POSA are themselves contrary to
constitutional provisions on freedom of expression, association, and
22
assembly, as well as being in violation of international human rights law.
Often, individuals are arrested and detained for several hours, ostensibly
under the authority of POSA. However, in many such cases, no charges are
ever brought and the detention is used simply as a means of intimidation.
In others, baseless charges are filed, and cases are initiated but never
brought to trial, again as a method of harassment and intimidation. 23
21 See U.S. Agency for Int'l Dev., Famine Early Warning Network, Monthly Food Security
Update (Feb. 27, 2003) at
http:/ /www.reliefwebint/w/rwb.nsf/6686f45896fl5dbc852567ae0530132/0e8O3ddeclb4blf
b49256cf60008c703?OpenDocument
22 See Lawyers Committee for Human Rights, Background Statement on the Public Orderand
Security Bill Before the Zimbabwean Parliament(Dec. 19, 2001) at
http://www.humanrightsfirst.org/defenders/hrd-zimbabwe/hrd-zim-6.htm.
23 For example, among those who have been arrested, detained and/or charged on the
basis of POSA are the president and secretary of the Zimbabwe Law Society, a range of trade
union leaders, a group of 350 women National Constitutional Assembly members, and
demonstrators at World Cup cricket matches being played in Zimbabwe. Often those arrested
Published by Yale Law School Legal Scholarship Repository, 2004
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