Zimbabwe must implement the African Commission’s Recommendations

Open Letter
Zimbabwe must implement the African Commission’s Recommendations
18 March 2005
Dear Mr. President,
We, the undersigned, wish to express to you our grave concern about the continuing abuse of human rights in Zimbabwe. We are asking all members of the African Union (AU) to call publicly on the Government of Zimbabwe to implement in full the recommendations made by the African Commission on Human and Peoples’ Rights in the report of its 2002 Fact-Finding Mission to Zimbabwe.
The African Commission Fact-Finding Mission visited Zimbabwe in June 2002 and the AU adopted the Commission’s findings and recommendations in January 2005. The Fact-Finding Mission took place in the context of Zimbabwe’s obligations under the African Charter on Human and Peoples’ Rights, to which it is party.
In its report, the African Commission concluded that “human rights violations occurred in Zimbabwe”. The Commission made several substantive recommendations for action by the Government of Zimbabwe. The majority of the human rights concerns documented by the African Commission Fact-Finding Mission in 2002 remain serious problems today.
The findings and recommendations of the African Commission
On freedom of expression…
The African Commission stated that laws such as the 2002 Public Order and Security Act (POSA) and the 2002 Access to Information and Protection of Privacy Act would have “a ‘chilling effect’ on freedom of expression and introduce a cloud of fear in media circles”. The Commission recommended that:
“The POSA and Access to Information Act should be amended to meet international standards for freedom of expression”.
On the police service…
The African Commission found evidence that a “system of arbitrary arrests took place”. The Law and Order Unit of the Zimbabwe Republic Police (ZRP) was described as appearing “to operate under political instructions and without accountability to the ZRP command structures”.
The Commission stated that every effort must be made to “avoid any further politicisation of the police service” and recommended that the Law and Order Unit be disbanded.
On the youth militia…
In 2001 the Government of Zimbabwe established the National Youth Service (NYS). The African Commission noted reports that youths trained under the NYS have acted as militias for the ruling party and have been implicated in acts of political violence.
The Commission recommended “that these youth camps be closed down…”
On the rule of law…
The African Commission found that “the government had failed to chart a path that signalled a commitment to the rule of law…” and in its recommendations stated that:
”The independence of the judiciary should be assured in practice and judicial orders must be obeyed”.
On the work of NGOs…
The African Commission’s report stated:
“Legislation that inhibits public participation by NGOs in public education [and] human rights counselling must be reviewed. The Private Voluntary Organisations Act should be repealed.”
Since the African Commission visited Zimbabwe in 2002 little has changed…
The Access to Information and Protection of Privacy Act remains in place. In 2003 this legislation was used to close down Zimbabwe’s only independent daily newspaper, the Daily News, and the weekly Daily News on Sunday. It has also been used to shut down the Daily Tribune in 2004 and the Weekly Times of Bulawayo in February 2005.
The Public Order and Security Act (POSA) continues to be used selectively to prevent the political opposition and civil society groups from meeting or engaging in peaceful protest. In 2005 POSA has been used to detain dozens of women for handing out flowers to mark Valentine’s Day and to arrest opposition candidates and supporters in the context of the General Election campaign.
There are persistent claims that the police are partisan and apply the law selectively although the Commissioner of Police has recently reiterated that there will be zero tolerance of violence, particularly in the run-up to the General Election in March 2005. Youth training centres [camps] remain operational and graduates of the NYS are given preference for recruitment in the police. This could have negative long-term implications for the integrity and professionalism of the police force in Zimbabwe.
The government has continued its repression of NGOs, particularly those working on governance and human rights issues. The Private Voluntary Organisations (PVO) Act is set to be replaced by the Non-governmental Organisations Act – a piece of legislation widely condemned as even more repressive than the PVO Act.
The judiciary remains under sustained pressure and the operational environment for judges raises doubts about judicial independence in some matters. Court orders have been ignored and there continue to be considerable delays in the consideration and completion of cases perceived to be of a sensitive nature or where some constitutional rights are at issue.
The African Commission is charged with ensuring the promotion and protection of human rights guaranteed under the African Charter. It is vital to the credibility of the African Commission that its recommendations carry the full support and weight of the AU and its member states. We have noted the Government of Zimbabwe’s response to the African Commission report and regret the lack of positive engagement by the Government of Zimbabwe with its recommendations. We urge you to take action – consistent with the mandate of the AU – to support Zimbabwe in implementing the African Commission’s recommendations.

Yours sincerely,
In South Africa:
Amnesty International South Africa (AISA)
Anti-Corruption Trust of Southern Africa (ACT-Southern Africa)
Centre for the Study of Violence and Reconciliation (CSVR)
CIVICUS - World Alliance for Citizen Participation
Crisis Coalition Zimbabwe- South Africa
Heal Zimbabwe Trust (HZT)
Human Rights Institute of South Africa (HURISA)
Institute of Democracy in South Africa (IDASA)
Lawyers for Human Rights (LHR)
Peace and Democracy Project (PDP)
Solidarity Peace Trust (SPT)
South African National NGO Coalition (SANGOCO)
Southern African Women’s Institute of Migration Affairs (SAWIMA)
The Zimbabwe Torture Victims Project
Tree of Life (TOL)
Zimbabwe Advocacy Campaign (ZAC)
Zimbabwe Exiles Forum (ZEF)
Zimbabwe Political Victims Association (ZIPOWA)
In Zimbabwe:
Amani Trust
Amnesty International (Zimbabwe)
Catholic Commission for Justice and Peace
Crisis in Zimbabwe Coalition
Gays and Lesbians of Zimbabwe
Legal Resources Foundation
Media Monitoring Project of Zimbabwe
National Constitutional Assembly of Zimbabwe
Nonviolent Action and Strategies for Social Change
Southern Africa Human Rights Trust
Transparency International (Zimbabwe)
Zimbabwe Association for Crime Prevention and the Rehabilitation of the Offender
Zimbabwe Association of Doctors for Human Rights
National Association of Non-Governmental Organisations (Zimbabwe)
Zimbabwe Civic Education Trust
Zimbabwe Congress of Trade Unions
Zimbabwe Human Rights Association
Zimbabwe Human Rights NGO Forum
Zimbabwe Lawyers for Human Rights
Zimbabwe Peace Project