SA urged to arrest Zim rights violators

By Alex Bell
15 December 2009

A High Court appeal in South Africa could force the state to prosecute known Zimbabwean rights violators who travel to the country, after the South African government’s vehicle for criminal prosecution refused to do so, earlier this year.

The appeal was brought forward by the Southern Africa Litigation Centre and the Zimbabwe Exiles forum in the Gauteng High Court on Tuesday, following a decision by the South African National Prosecuting Authority (NPA) not to prosecute 18 known Zimbabwean human rights violators.

The Litigation Centre had last year submitted a dossier to the NPA with evidence that the 18, who regularly travel to South Africa, were responsible for numerous human rights violations in Zimbabwe. The dossier also included a written legal opinion reminding the NPA about South Africa’s obligations to arrest rights abusers on their territory, according to the statute of the International Criminal Court (ICC) which South Africa is a signatory to.

The ICC legislation gives South African authorities the power to investigate and prosecute acts of genocide, crimes against humanity and war crimes, no matter where those acts have been committed. This applies even if the perpetrators are not South African nationals.

The dossier by the Litigation Centre was submitted two weeks before the start of 2008 presidential elections got underway in Zimbabwe, the results of which would eventually lead to the horrific campaign of violence and rape meted out against supporters of the opposition MDC. Litigation Centre head Nicole Fritz explained to SW Radio Africa on Tuesday that after more than a year of correspondence with the NPA following the submission, the Litigation Centre in June this year finally received a letter from the then acting NPA director, Mokotedi Mpshe. He stated that he had been advised that the police did not intend investigating the matter.

Fritz explained that the case is the first of its kind for the country, and is aimed at preventing South Africa from becoming a safe-haven for those who commit crimes against humanity. She said the case will be a real test for the government’s commitment, not only to the ICC, but also to its own constitution, which is so stringent on human rights.

“South Africa has been a vocal supporter of the ambitious legislation of the ICC, because it falls in line with their own constitution,” Fritz explained. “So this is a real test for the government and their commitment to the protection of human rights.”

The case has been set down for March next year, and if successful means known perpetrators of rights abuses in Zimbabwe will not be allowed to travel to South Africa. The list of names held by the Litigation Centre has not yet been made public, but it is likely to be a high level contingent of ZANU PF loyalists, who were responsible for the 2008 election violence.

SW Radio Africa news - The Independent Voice of Zimbabwe

UN launches new appeal as farmers lament failed agricultural season

By Alex Bell
07 December 2009

The United Nations has launched a multi million dollar appeal to help Zimbabwe bolster health, education, sanitation and food security, with officials explaining that an alarming number of people are still set to face hunger next year.

The UN assistant Secretary General for humanitarian affairs and deputy humanitarian coordinator, Catherine Bragg, said on Monday in Harare that social conditions in the country had improved since the formation of the unity government in February. Bragg was speaking during the launch of a US$378 million emergency aid appeal for Zimbabwe under which more than 70 aid agencies have said they would need at least that much to meet Zimbabwe’s humanitarian needs in 2010.

“I want to note that Zimbabwe is experiencing a gradual shift from humanitarian crisis to recovery following political changes that positively affected socio-economic conditions,” she said.

Bragg on Monday said priority would be given to rehabilitation of water facilities in urban and rural areas, where an estimated six million people have no access to basic water, sanitation and hygiene services. Bragg also stated that more than 1.9 million people are likely to remain food-insecure in the first three months of 2010, while about 650,000 communal farmers would require agricultural inputs.
The UN appeal is half as large as in 2009 when the UN asked for US$718 million. The UN Office for the Coordination of Humanitarian Affairs (OCHA) has explained that the reduction in the appeal is partly as a result of ‘improved’ agriculture and other economic improvements in the country. The group however noted that humanitarian assistance was still critical as millions of Zimbabweans still remain vulnerable from the erosion of basic services and livelihoods.

Commercial Farmers Union (CFU) President Deon Theron on Monday explained the UN’s outlook is surprisingly positive, considering the country is facing yet another failed agricultural season. The commercial farming community remains in chaos as a result of the renewed land grab campaign, which has seen more than 80 productive farms forcibly seized by mainly ZANU PF loyalists in this year alone. Farmers and their workers have been prevented from continuing their farming activities, despite the country still facing critically low food production levels. Theron explained that it was unlikely that there would be enough food produced to feed even a small percentage of the country next year.

Meanwhile Theron’s elderly mother, who was sentenced to jail unless she vacated her dairy farm by Tuesday, has been granted a temporary reprieve by the courts.
79 year old Hester Theron, was sentenced last month under the Gazetted Land (Consequential Provisions) Act, for refusing to leave her dairy farm, which has been her home since the late fifties. She was sentenced to three months behind bars, suspended for five years on condition that she vacates the property by this week Tuesday. But Theron has successfully launched an appeal against the sentence, and High Court Judge, Justice Joseph Musakwa, last week said she should not be evicted from her farm until her application has been heard.

SW Radio Africa news - The Independent Voice of Zimbabwe

UN halves Zim humanitarian appeal

Written by NEVER CHANDA

Monday, 30 November 2009 06:38

HARARE –The United Nations has halved the humanitarian appeal for Zimbabwe in 2010 from the US$718 million sought this year but cautioned against continued “structural problems” faced by the southern African country still recovering from a decade of political strife and economic meltdown. (Pictured: School children take home food received from a relief agency) Zimbabwe's appeal is half as large in dollar terms as in 2009 when the UN asked for US$718 million “because a generally good harvest has reduced the number of severely food-insecure Zimbabweans”. According to the UN Office for the Co-ordination of Humanitarian Affairs (OCHA), early recovery (ER) support would be a key priority for the 2010 Consolidated Appeal Process (CAP) for Zimbabwe as aid agencies seek to consolidate recent humanitarian achievements and to ensure that results are maintained. “Direct restoration of basic social services, infrastructure and livelihood opportunities will not be able to get off the ground without support for the CAP’s ER strategy,” the UN arm said. The UN agency said priority would be given to rehabilitation of water facilities in urban and rural areas where an estimated six million people have no access to basic water, sanitation and hygiene services. Attention would also shift towards provision of livelihood support to vulnerable groups – including female and child-headed households, people with disabilities, internally displaced persons and people living with HIV/AIDS – to reduce their dependency on humanitarian assistance. “Without transitional recovery activities in place, populations risk becoming increasingly dependent on emergency aid, losing self-reliance and the capacity to manage their own development in the future,” the UN agency said yesterday during the launch of the humanitarian appeal. It said more than 1.9 million people in Zimbabwe are likely to remain food-insecure in 2010 while about 650 000 communal farmers would require agricultural inputs. Without these inputs, there will be little chance of reducing reliance on outside food assistance. Zimbabwe is experiencing a gradual shift from humanitarian crisis to recovery following political changes that positively affected socio-economic conditions. Following the economic downturn and political polarization that culminated in the protracted elections of 2008, an Inclusive Government was formed in February 2009. This development led to greater cooperation between the international humanitarian community and the Zimbabwean authorities, improvement in the country’s socio-economic and humanitarian situation, and improved humanitarian access to vulnerable populations. The world body warned that while the improvement of general conditions in Zimbabwe has improved following the formation of the coalition government in February, the donor community was still approaching the country’s humanitarian situation with “cautious optimism”. “It should not distract from Zimbabwe’s structural problems,” the agency cautioned. An estimated six million vulnerable people would continue to feel the impact of the erosion of basic services and livelihoods over the past years. Cholera re-emerged in October, raising fears of the resurgence of last year’s outbreak that affected 55 out of the country’s 62 districts, with 98 531 cases and 4 282 deaths recorded. Despite improvements in food security, the country still faces a substantial national cereal deficit and an estimated 1.9 million people will need food assistance at the peak of the 2010 hunger season from January to March. The country has the fourth-highest crude mortality rate in Africa. Child malnutrition is a significant challenge to child survival and development. More than a third of children under the age of five are chronically malnourished while seven percent suffer from acute malnutrition. The HIV/AIDS prevalence rate is one of the highest in the world, despite a recent drop to 13.7 percent. Some 1.2 million people live with the virus and 343 600 adults plus 35 200 children under age 15 urgently need anti-retroviral treatment. The education sector is characterised by severe shortages of essential supplies, high staff turnover and sporadic teachers’ strikes. This particularly affects Zimbabwe’s 1.6 million orphaned and vulnerable children, including more than 100 000 child-headed households. “The need to support ‘humanitarian plus’ or early recovery programmes is highlighted by the deterioration in existing infrastructure and loss of employment opportunities,” OCHA said. http://www.thezimbabwean.co.uk/2009113027097/human-rights/un-halves-zim-humanitarian-appeal.html

"Each hour is critical," warns UN Special Rapporteur on Torture after being denied entry to Zimbabwe

JOHANNESBURG (29 October 2009) - The UN Special Rapporteur on Torture, Manfred Nowak, remains very concerned about serious and credible allegations of torture, ill-treatment and inhuman prison conditions in Zimbabwe, twenty-four hours after being denied access to the country, contrary to its invitation of 1 October.

"I deeply regret that the Government has deprived me of the possibility to objectively assess the situation of torture and ill-treatment through gathering on the spot evidence from all available sources, including governmental and non-governmental sources, victims and witnesses, as well as visits to various places of detention," said the UN expert. "Each hour is critical."

Mr. Nowak was invited by the Minister of Justice of Zimbabwe, Mr. Chinamasa, to conduct a fact-finding mission to the country from 28 October to 4 November 2009. While in transit in Johannesburg on 27 October, he was informed that the Minister of Foreign Affairs, Mr. Mumbengegwi, had decided on 26 October to postpone the mission.

Waiting in Johannesburg, the Special Rapporteur was informed by letter dated 27 October, that the Prime Minister of Zimbabwe, Mr Morgan Tsvangirai, wished to meet him in his office in Harare on 29 October at 10:00 a.m. He was also informed that he would be picked up at Harare Airport by an official of the Protocol Department of the Ministry of Foreign Affairs. Consequently, the Special Rapporteur flew to Harare in the evening of 28 October 2009, to meet the Prime Minister and to discuss with different members of the Government how best to conduct the mission under the changed circumstances.

Upon arrival at Harare Airport at 9:20 p.m. on 28 October, the Special Rapporteur and his team were not met by a Protocol Officer, but by the Head of Airport Immigration, Mr. Nabika. Although the Special Rapporteur and his assistants had valid visas, Mr. Nowak was told that his entry was not cleared by the Minister of Foreign Affairs and that, in the absence of such clearance, he would have to fly back to Johannesburg the next morning. He spent the night at the airport and was sent back on the first flight to Johannesburg on 29 October at 7:20 a.m. All efforts by the United Nations, the Prime Minister, his Secretary, and both Co-Ministers of Home Affairs to facilitate Mr. Nowak's entry proved unsuccessful. A high level delegation sent by the Prime Minister to go to the airport was even denied access and told that the Special Rapporteur was no longer held at the airport.

The Special Rapporteur strongly protests against such treatment by the various authorities of the Government of Zimbabwe. He urges the Government to fully investigate this incident and to clarify who bears responsibility for the denial of his access to the country. He will report about these experiences to the Human Rights Council.

Manfred Nowak, appointed Special Rapporteur on 1 December 2004 by the UN Commission on Human Rights, is independent from any government and serves in his individual capacity. He has previously served as member of the Working Group on Enforced and Involuntary Disappearances, the UN expert on missing persons in the former Yugoslavia, the UN expert on legal questions on enforced disappearances, and as a judge at the Human Rights Chamber for Bosnia and Herzegovina. Nowak is Professor of Constitutional Law and Human Rights at the University of Vienna, and Director of the Ludwig Boltzmann Institute of Human Rights.
http://www.unhchr.ch

Organizations lament the refusal of Zimbabwe to receive the UN Special Rapporteur on Torture

Organizations lament the refusal of Zimbabwe to receive the UN Special Rapporteur on Torture

09/11/2009

Conectas, in partnership with 24 organizations from 15 countries, sent a letter to the government of Zimbabwe lamenting its last-minute refusal to receive the UN Special Rapporteur on torture, Manfred Nowak.

The Rapporteur had received an official invitation to carry out a visit from October 28th to November 4th, 2009 in order to investigate the torture practices in the country. In his lay-over in South Africa, the Rapporteur was informed that he could no longer enter Zimbabwe.

In addition, the letter demonstrates a continued concern with the human rights situation in general in Zimbabwe, including with respect to the country’s widespread violence and the arbitrary imprisonment of political leaders and human rights defenders.

The organizations called upon the government of Zimbabwe to put an end to these violations and to cooperate more strongly with the UN instruments.

This initiative is part of the campaign “Friends of Zimbabwe” – learn more about this campaign.

Click here to read the full letter.

Conectas Human Rights - www.conectas.org

In Geneva, President Mugabe of Zimbabwe Takes Aim at Western Broadcasters

By Blessing Zulu Washington 08 October 2009

Zimbabwean President Robert Mugabe, controversially participating in communications forum in Switzerland this week, accused unnamed Western broadcasters "bent on effecting regime change in Harare" of violating the country's sovereignty with their programs.

Mr. Mugabe’s participation in the International Telecommunications Union in Geneva was itself a matter of dispute: some said he should not have been invited even though the ITU is a U.N. agency. Switzerland like the European Union has banned travel by Mr. Mugabe and other top officials of his ZANU-PF party and associates, but he was admitted for the conference.

Similar protests were lodged in 2008 when Mr. Mugabe traveled to Rome despite European travel restrictions to address a United Nations conference on food security; critics said food shortages were widespread in Zimbabwe as a result of Mr. Mugabe's land policies.

Addressing the gathering, President Mugabe said Zimbabwe is “dismayed at the continued violation of her airwaves by certain Western countries whose radio broadcasting systems are bent on effecting regime change in Harare,” but did not single out any broadcasters.

VOA's Studio 7 for Zimbabwe broadcasts news to the country seven evenings a week. The government has acknowledged jamming the program on its 909 AM frequency.

On a lighter note, Mr. Mugabe acknowledged the presence of Nelson Chamisa, minister of Information Communications Technology and spokesman for the Movement for Democratic Change formation of Prime Minister Morgan Tsvangirai, praising his enthusiasm.

Geneva-based human rights lawyer Marlon Zakeyo of the World Student Christian Federation told reporter Blessing Zulu of VOA's Studio 7 for Zimbabwe that he found President Mugabe’s comments on international broadcasters very worrisome.

To listen to interviews in English or Shona click on links below

http://www.voanews.com/english/Africa/Zimbabwe/2009-10-08-voa57.cfm

http://www.voanews.com/shona/sh.cfm

New Beginning for Zimbabwean Churches and International Partners

Geneva, 29 September 2009

Leaders from some of Zimbabwe's largest church organisations, representatives of international ecumenical organisations and church-related advocacy networks have held a two day meeting in Geneva to reflect on the human rights and humanitarian situation in Zimbabwe one year after the signing of the controversial Global Political Agreement( GPA)by the country's three major political parties. Hosted by the Zimbabwe Advocacy Office (ZAO), the meeting was called by the Ecumenical Zimbabwe Network (EZN), an informal network which brings together Northern-based Protestant, Catholic, Evangelical and Zimbabwean Diaspora advocacy groups committed to advocacy, prayer and solidarity action in support of churches and people in Zimbabwe.

In addition to a detailed analysis of the successes and failures in the implementation of the Global Political Agreement, the meeting focused on the healing and reconciliation process, impact of serious military-perpetrated human rights abuses associated with the mining of diamonds in Marange district in eastern Zimbabwe , feedback report on the 29^th Ordinary Summit of Southern Africa Development Community (SADC) leaders held on September 7 and 8, in Kinshasa, Democratic Republic of Congo and the debate over 'sanctions '/targeted measures and international re-engagement with the Government of Zimbabwe.

The meeting noted that despite stabilisation of the humanitarian situation, sustainable peace in Zimbabwe remains threatened by a continuing undercurrent of anarchy. Of the major pillars of the Global Political Agreement only two have been semi-fulfilled, namely, unconditional access to humanitarian aid and commitment to macro-economic stabilisation. There has been no satisfactory progress in relation to crucial areas such as restoration of the rule of law, commitment to democratic process – freedom of assembly, speech – as evidenced by resurgent targeted arrests, persecution and harassment of opposition politicians and civil society activists - and clear lack of commitment to constitutional reform and timely, free and fair elections.

The Convenor of the Christian Alliance of Zimbabwe, Rev Dr Levee Kadenge, told the meeting that churches in Zimbabwe must not wait for politicians to lead the process of national healing and reconciliation as many of them were directly involved in inciting and perpetrating the violence that rocked Zimbabwe in 2007 and 2008. In fact many Zimbabwean families, particularly in rural communities have already begun local initiatives where perpetrators are asking for forgiveness from their victims and their families. There is an urgent need for Zimbabwean churches to seek reconciliation amongst themselves before leading the nation in this process.

Rev Dr Solomon Zwana, the newly appointed General Secretary of the Zimbabwe Council of Churches also addressed the meeting emphasizing that the ZCC is going through a transformational process and is committed to work together with other church groups and regain its role as a force for non-partisan social change. Dr Zwana thanked international partners who remained supportive of the ZCC throughout its difficulties and underscored the continued need for international advocacy for Zimbabwe.

The General Secretary of the World Student Christian Federation and Representatives of the General Secretaries of the World Council of Churches, the All Africa Conference of Churches and the Lutheran World Federation shared their organisations' long-standing commitment to supporting the churches and people of Zimbabwe in their quest for unity and common action. The WCC and AACC also thanked the organisers for helping to create a 'safe space' where church leaders from the recovering nation can come and speak openly to one another and their international partners. They pledged to join the roundtable meeting of the Zimbabwe Council of Churches in October 2009.

At the close of the meeting, members of the Ecumenical Zimbabwe Network resolved to consolidate their working relationships with churches in Zimbabwe and ensuring that the EZN becomes more inclusive and open space for other church organisations which were not represented in the Geneva meeting. The focus of the network's advocacy actions in the coming year will be focused on the conflict diamond campaign, implementation of the Global Political Agreement, enforcement of EU targeted measures and the African Union, SADC and UN.

The next meeting of the Ecumenical Zimbabwe Network will be held in Geneva from January 21-22, 2010.

-END-

Contact

Marlon Zakeyo

Coordinator, Zimbabwe Advocacy Office

+41 78 614 9190

or

Barbara Müller

Convenor

Ecumenical Zimbabwe Network

+41 79 601 7417